Dinosaur National Monument Compendium of Regulations
The Compendium of Regulations addresses park-specific issues using Federal authority granted to the superintendent in Title 36 Code of Federal Regulations (CFR), Parts 1 through 7. The CFR is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The CFR is available electronically through the E-CFR link. Under 36 CFR 1.7(b), "the superintendent shall compile in writing all the designations, closures, permit requirements and other restrictions imposed under discretionary authority. This compilation shall be updated annually and made available to the public upon request."
The use of unmanned aerial devices, also known as drones, is prohibited within the boundaries of Dinosaur National Monument.
AUTHORITY
Designations, Closures, Permit Requirements, and other Restrictions and/or Specifications Imposed Under the Discretionary Authority of the Superintendent, Title 36, Code of Federal Regulations, Chapter 1.
Under the authority of 54 USC 100751, and Title 36, Code of Federal Regulations (CFR),Chapter 1, Parts 1 to 7, this Compendium of Regulations is established for Dinosaur National Monument. The regulations listed in this compendium are a requirement in addition to those listed in Parts 1 to 7 of Title 36 unless otherwise noted. The specific authority for this regulatory authority procedure is found in Sections 1.5, 1.6, and 1.7 of Title 36.
In addition to these regulations, the following are also provided:
Written determinations that explain the reasoning behind the Superintendent’s use of discretionary authority are required by Section 1.5 (c) and appear in this document as italicized print.
Section 1.6(f) states that a list of those activities that require a permit must be maintained. That list appears in this document under 36 CFR §1.6.
As required by 1.7(b), designations, closures, permit requirements, and other restrictions imposed under discretionary authority shall be updated annually and made available to the public upon request.
Signed by Chief Ranger Jason Griswold - October 4, 2021
Signed by Park Superintendent Paul Scolari - October 4, 2021
INTRODUCTION
This document lists the special designations, closures, permit requirements, public use limits, and other restrictions made at the superintendent's discretion. The compendium is updated annually and augments what is contained in Title 36 of the Code of Federal Regulations (CFR) and other applicable federal statutes and regulations. Each section (§) references the applicable part of the CFR, followed by the line where the authority comes from. The CFR is available online at E-CFR.
DEFINITIONS - 36 CFR §1.4
(a)The following definitions shall apply in this compendium, unless modified by the definitions for a specific part or regulation:
Bear Spray – Also known as bear deterrent or bear repellent. Bear spray is a chemical formula designed specifically to deter aggressive or attacking bears. It must be registered with the Environmental Protection Agency and individual states. It must be commercially manufactured and labeled as “Bear Spray.” Bear spray must contain between 1% to 2% of the active ingredients capsaicin and related capsaicinoids and be capable of a 25-foot (8m) range.
Developed Area –Roads, parking areas, picnic areas, campgrounds, or other structures, facilities or land located within development and historic zones depicted on park area land management and use map.
Electronic Personal Assistive Mobility Device (EPAMD) – Also known as a Segway, is a device that has two non-tandem wheels, is self-balancing, and is designed to transport only one person with an electric propulsion system that limits the maximum speed of the device to 12-1/2 miles an hour. It is defined as a motor vehicle in Title 36 CFR 1.4.
Service Animals – Defined in Title 28 CFR 36.104 as follows: “Service animal means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items”. Service animals are not subject to the park's pet policies and, when accompanying an individual with a disability, they are allowed wherever visitors are allowed.
Unmanned Aircraft – A device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g. model airplanes, quadcopters, and drones) that are used for any purpose, including for recreation or commerce.
Face Masksor coverings– A mask that must cover the nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face. Masks not designed to be protective, masks with ventilation valves, and face shields do not meet the requirement. If an individual is unable to wear a mask properly or cannot tolerate a mask, they should not wear one and may be asked to leave any location where masks are required to be worn. Visitors may be asked to lower their masks briefly for identification purposes in compliance with safety and security requirements.
Portable Toilet – A means to securely contain and remove human waste from the backcountry. Systems approved for river use are washable, reusable containers equipped with RV dump fittings, or commercial bag system (e.g. Wag Bag, Restop II), that render human waste into a non-hazardous materiel.
Firepan – A rigid, durable metal pan with sides that are sufficient to contain all ash and debris. Firepans are recommended to be 2 ½ inch minimum lip height and 12-inch minimum diameter (turkey pans are not allowed). The fire pan must be elevated at least 3 inches off the ground and can be done so with legs, rocks, or other items. A fireproof blanket or welder’s cloth must be carried and placed under a fire pan and must be of sufficient size to catch coals and ashes around the pan.Fire ash must be strained and large floatable contents removed, before the remainder may be deposited in the main current. All floatable residue must be carried out. If there is a fire ban in the monument, open fires are prohibited.
Front country - Any area in the monument that is within ½ mile of a road or developed area. Front country Camping is indicated on the monument brochure and includes Green River, Split Mountain, Echo Park, Deerlodge Park, Gates of Lodore, and Rainbow Park.
Backcountry - Any area within the monument that is more than ½ mile away from any road or developed area.
CLOSURES AND PUBLIC USE LIMITS - CFR §1.5
(a)(2)(i) Climbing on the rock face within the Quarry Exhibit Hall building is prohibited unless the activity is authorized by the Superintendent.
Determination: The rock face has approximately 1500 exposed Jurassic-era dinosaur bones in-situ. These bones are rare, fragile, and of significant scientific value. They are also susceptible to vandalism and theft.
(a)(2)(ii) Hiking off-trail is prohibited within the drainage of the Fossil Discovery Trail.
Determination: Social trailing within the drainage is negatively impacting natural and scenic resources and causing accelerated erosion due to its steepness and fragile soil.
(a)(2)(iii)Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Dinosaur National Monument is prohibited except as approved in writing by the Superintendent.
Determination: This closure is necessary to maintain public health and safety and to protect park resources including, but not limited to, the protection of wildlife mating, breeding, nesting, and feeding activities, wilderness character, scenic values, and soundscapes. Less restrictive measures will not suffice as approximately 91% of the monument, including the Green and Yampa River corridors, is managed as wilderness. Any operation would have an adverse impact on the wilderness character without written authorization in place from the Superintendent to ensure safety precautions and resource protection needs are adequately met.
(a)(2)(iv)The 2-track road to Haystack Rock is closed to all vehicle traffic except as specifically authorized by the superintendent. Between March 1 and August 15, during peregrine falcon nesting season, Haystack Rock is also closed to foot traffic from visitors to prevent the disturbance of nesting activities. Steamboat Rock, Jenny Lind Rock and the Outlaw Park area are closed to climbing between March 1 and August 15 to prevent the disturbance of nesting activities of peregrine falcons. The Outlaw Park area is defined as the area north of the Yampa River, across from the named Outlaw Park in T6N R102W Sec 4, 5, 6 and T7N R102W S 31, 32 as well as the two-track road beyond the Remote Automated Weather Station (RAWS).
Determination: These closures are intended to protect peregrine falcons and to preclude interference with the mating, nesting, brood rearing, and fledgling activities of this sensitive species. The closures are also intended to ensure that known territories remain undisturbed for future use by this species and unimpaired for scientific study and monitoring. The success of peregrine falcons in raising their young is significantly decreased by human disturbances. See map in Appendix A. Appropriate signs that are posted at common access points will identify closed areas. Other designated areas may also be closed to the public as necessary to protect nesting areas.
(a)(2)(v) The Zenobia fire tower, the Roundtop fire tower and the Remote Automated Weather Station (RAWS), including all land 100 ft. around each structure, are closed to the public.
Determination: This closure is to protect park facilities and critical radio infrastructure from tampering and to protect the privacy of seasonal employees residing in the towers.
(a)(2)(vi) Maintenance buildings and yards, office buildings, and housing areas are closed to the public unless accompanied by a Dinosaur National Monument Employee or sponsor.
Determination: This closure is to protect park facilities and critical infrastructure from tampering, and/or theft, and to protect the privacy of employees residing therein.
(a)(2)(vii)Specific areas within Dinosaur National Monument may be closed to visitors or both visitors and employees by posting appropriate signs when, in the opinion of the superintendent, there are conditions that warrant such a closure. These conditions may include, but are not limited to, extreme fire danger, fires, hazardous conditions, aviation operational needs or construction. This determination is made for both visitor and employee safety.
Determination: This type of closure is to provide for visitor and employee safety and preclude interference with emergency and administrative operations by visitors.
(a)(2)(viii)Temporary closures may occur in areas where paleontological or archeological excavations are being conducted or where public access may endanger sensitive paleontological or archeological resources.
Determination: This type of closure precludes interference with paleontological and archeological excavations by visitors. When NPS personnel are available, they may provide guided interpretive trips to these excavations for visitors.
(a)(2)(ix)Closures of visitor use areas (campsites, trails, overlooks, interpretive stops along auto tours, etc.) may occur when necessary by posting appropriate signs to mitigate resource impacts with overuse, misuse, environmental, or health and safety issues.
Determination: These closures may be required for resource or visitor protection. Examples of this type of closure include social trail closures for re-vegetation, building closure due to safety issues, river flooding of campsites, closure of a trail due to rock fall hazards, etc.
(a)(2)(x) The use of all-terrain vehicles (ATVs), off highway vehicles (OHVs), utility terrain vehicles (UTVs), motorized vessels and any other type of motorized conveyance manufactured for recreational, non-highway, off-road or all terrain travel, including those licensed by a state for street use, within monument boundaries is prohibited. The prohibition includes any all-terrain type I or type II vehicles as defined by Utah State Code Annotated 41-22-2 and any vehicles defined by Colorado revised statute 33-14.5101. The only exceptions are on a .65 mile section of Harpers Corner Road between the two Moffat County Road 16 intersections,from the monument/BLM boundary on the Island Park Road to the BLM McKee Bench Road, and from the Rainbow Park boundary west to the first gate leading north. Snowmobile use is allowed on Harpers Corner Road from Plug Hat to the Echo Park turn-off when the road has been closed to all other motor vehicle use by the public, and on Cub Creek and Blue Mountain roads from where winter road maintenance ends near the Chew Ranch, when there is sufficient snow cover as described in 36 CFR 7.63(c).Snowmobiles are not allowed on Cub Creek Road beyond the winter gate closure to the Josie Morris Cabin area.
Determination: The public use of ATVs/UTVs/OHVs and other motorized conveyances manufactured for recreational, non-highway, off road, or all terrain travel within monument boundaries pose a significant risk to visitor safety, park resources and values which cannot be appropriately mitigated and which cannot be sustained without causing unacceptable impacts. The use of such vehicles is, therefore, not consistent with the protection of the monument. An exception is made on a .65 mile section of Harpers Corner Road in order to facilitate safe and efficient crossing on a Moffat County designated OHV corridor. The excepted section of Harpers Corner Road is paved and fenced on both sides, effectively containing OHVs to the road corridor. There are also gates on either side of this section of road that serve to further restrict OHV traffic during periods of road closure. Signs will be maintained to identify the section of road where OHVs are permitted. See appendix B, Dinosaur National Monument Determination for ATV & OHV closure. The use of snowmobiles has been authorized under 36 CFR 7.63(c).
(a)(2)(xi) The lower portion of Red Rock Canyon, as defined by fence lines, is closed to all livestock use for the protection of significant rare plants in the area.
Determination: This closure protects significant resources and rare plants in the area from livestock grazing damage.
(a)(2)(xii) Drivers of commercial passenger-carrying diesel-fueled motor vehicles are prohibited from idling their engines while parked or sitting at any park location.
Determination: The noise and fumes caused by these engines severely impacts the natural experiences sought by many visitors.
(a)(2)(xiii) The Harpers Corner Road between the Echo Park Access Road and the Harpers Corner Overlook, as well as the Josie Morris Ranch Access Road, are closed to motor vehicle use after the first significant snowfall of the winter. The Harpers Corner Road between Plug Hat Picnic Area and the Harpers Corner Overlook is closed to motor vehicle use from approximately December 31 through April 15. Closing and opening dates are dependent upon snow accumulation, available funds, and personnel constraints, and may vary accordingly.
Determination: There is lower visitor use during the winter and early spring months when snow accumulation closes the road. In the spring, the road remains closed after plowing to let the roadbed dry. The asphalt is very thin, and vehicle travel causes road damage if the asphalt bed is not dry. County Road 16 remains open during this closure and is isolated from this closure by two locked gates on the Harpers Corner Road.
(a)(2)(xiv) The following roads within monument boundaries are designated for vehicular and mechanized travel by visitors:
Harpers Corner Road
Canyon Overlook Road
Yampa Bench Road
Echo Park Road
Red Rock access road to the Hells Canyon Ranch boundary
Castle Park Road at Hells Canyon to the Hells Canyon Ranch boundary
Quarry Entrance Road
Quarry Visitor Center Road
Cub Creek Road
Split Mountain Campground Road
Green River Campground Road
Blue Mountain Road
Rainbow Park Road
Island Park Road
Lodore Ranger Station/Campground Road
Zenobia Basin Road (with prior permission from landowner to cross adjacent private property)
Deerlodge Road
Deerlodge Campground/Boat Ramp Road
All other roads, including access roads to the fire towers at Roundtop and Zenobia, are closed to motorized and mechanized travel except as authorized by the Superintendent.
Determination: See map at park headquarters and in brochure for actual road locations. Much of Dinosaur National Monument was set as potential and recommended wilderness in 1978 where vehicular and mechanized travel is prohibited. National Park Service policy requires potential and recommended wilderness to be managed as wilderness until an actual designation occurs. In furtherance of this policy, many old 2-track roads have been allowed to re-vegetate to best protect natural and cultural resources and wilderness character. In 1974, the Dinosaur National Monument Wilderness Recommendation went through environmental study and received public comment/civic engagement. The wilderness recommendation was forwarded to the President of the United States and subsequently recommended to Congress. In 1978, an updated recommendation was submitted to Congress by the Department of the Interior and is required by policy to be used to guide management decisions at the monument. Maps of roads open to the public have been available at visitor centers and on park brochures for many years.
(a)(2)(xv) All individuals over the age of two, vaccinated and non-vaccinated, must wear masks, except when actively eating or drinking, in the following locations:1.) All common areas and shared workspaces in buildings owned, rented or leased by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants.2.) The following outdoor areas, passenger conveyance, or facilities, when others are present, where the superintendent has determined that physical distancing (staying at least six feet apart) cannot reasonably be maintained:
Shuttle queue lines
Shuttle buses
All open-air areas where six feet distancing cannot be maintained
Outdoors where physical distancing is not possible, excepting when on the water in a canoe, kayak, tube, or other watercraft. If river users choose to wear a mask on the water, we recommend the mask be cloth and removable with one hand to reduce drowning risk.
While there is no National Park Service mandate or expectation that masks will be worn on the water, concessionaires have the authority to set their own policies and procedures at landings, on shuttle buses, in campgrounds and elsewhere.Regardless of vaccination status, all individuals must comply with all orders regarding masks issued by the Centers for Disease Control and Prevention. CDC prevention measures continue to apply to all travelers on public transit, regardless of vaccination status. Masks remain required on all forms of public transit that operate within parks, including busses, trains, and boats/ferries, and in transportation hubs.
Determination: This closure is being implemented in response to the COVID-19 pandemic. These restrictions are necessary to maintain public health and protect park users on lands and waters administered by the NPS. On January 20, 2021, the President signed Executive Order 13991, Protecting the Federal Workforce and Requiring Mask-Wearing (E.O. 13991). As stated in E.O. 13991, it is the policy of the Administration to halt the spread of coronavirus disease 2019 (COVID–19) by relying on the best available data and science-based public health measures. Such measures include wearing masks when around others, physical distancing, and other related precautions recommended by the Centers for Disease Control and Prevention (CDC). On January 24, 2021, the Office of Management and Budget issued M-21-15, COVID-19 Safe Federal Workplace: Agency Model Safety Principles to provide guidance to federal agencies on implementing E.O. 13991. M-21-15 contains model safety principles that apply CDC guidelines related to mask-wearing and physical distancing to the federal workplace. Following updated guidance from the CDC, the National Park Service Deputy Director released a memorandum “Updating Mask Requirements” from which the language requiring masks was adopted.
(a)(2)(xvi) The following conditions and restrictions are established for specific uses and activities: Bear spray may be carried by individuals within Dinosaur National Monument for the strict purpose of protecting oneself or others from bodily harm against aggressive wildlife. It should not be applied to people, tents, packs, other equipment or surrounding area as a repellent.
Determination: Bear spray is specifically formulated to deter aggressive or attacking bears. Bear spray is specifically labeled for use against bears, and by law, must be registered with the Environmental Protection Agency and individual states. Bear spray, when properly used, has been found to be effective in deterring or ending most aggressive attacks. However, as with any deterrent method, there is no guarantee that it will be effective in all situations. Hikers and campers should not develop a false sense of security by carrying the spray, and should follow appropriate bear avoidance safety procedures. Bear spray, when used properly, causes temporary incapacitating discomfort which may provide a non-toxic, non-lethal deterrence of aggression.
(a)(2)(xvii) The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:
Outdoor filming activities (outside of areas managed as wilderness) involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras.
The organizer of any other type of filming activity must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit if necessary, to:
maintain public health and safety;
protect environmental or scenic values;
protect natural or cultural resources;
allow for equitable allocation and use of facilities; or
avoid conflict among visitor use activities.
If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. The Superintendent will provide the basis for denial in writing upon request.The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10-day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit.The following are prohibited:
Engaging in a filming activity without providing advance notice to the Superintendent when required.
Engaging in a filming activity without a permit if the activity takes place in areas managed as wilderness or if the Superintendent has notified the organizer in writing that a permit is required.
Violating a term and condition of a permit issued under this action.
Violating a term or condition of a permit issued under this action which may also result in the suspension and revocation of the permit by the Superintendent.
PERMITS - 36 CFR §1.6
(e) See Appendix E for the 2021 terms and conditions of a river multi-day special use permit. See Appendix F for the 2021 terms and conditions of a river play permit.
(f) The following is a compilation of the activities for which a park permit is required:
Carry or possess certain weapons, traps or nets 2.4(d)
Specimen collection 2.5
Developed area camping 2.10(a)
Backcountry camping 2.10(a)
Audio devices 2.12
Pet permit (park resident) 2.15(e)
Aircraft and air delivery 2.17
Explosives 2.38
Special events 2.50(a)
Public assemblies 2.51(a)
Sale or distribution of printed matter 2.52(a)
Livestock use and agriculture 2.60(b)
Scattering of human ashes 2.62(b)
Boating and water use activities 3.3
Advertising 5.1
Business operations 5.3
Commercial photography and filming except when permitted as stated under 36 CFR §1.5 - CLOSURES AND PUBLIC USE LIMITS * 5.5
Construction of buildings or other facilities 5.7
See appendix H for information on commercial filming and still photography regulations.
Permits will be specific in nature to the activity being permitted. For those activities that frequently require a permit, a specific permit form has been designed, such as backcountry permit, camping fee permit, commercial filming permit, etc. In most other cases, a special use permit or letter of authorization that is signed by the Superintendent and identifies the specific conditions under which the permitted activity is authorized will be prepared. In all cases, a permit or letter of authorization must be in the permittee’s possession at all times and exhibited to any authorized person upon request.
Determination: Permit systems authorized and issued pursuant to specific regulations in this chapter, except in section 1.5, need not be supported by a written determination unless required by the specific authorizing regulation.
PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL FEATURES - 36 CFR §2.1
(a)(4) Gathering firewood that is dead, down, or live is prohibited at all times along both rivers, except that driftwood may be collected for campfire use on the entire length of the Yampa River and on the Green River below Echo Park for campfire use. Gathering firewood at Split Mountain Campground and Green River Campgrounds is prohibited. With the implementation of hazard tree mitigation projects at backcountry river campsites such as Limestone and Jones Hole and ongoing fuel reduction projects at Echo Park, the public may also use available cut and stacked wood already placed at these locations.
Determination: Driftwood has become scarce in Lodore Canyon because 1) Flaming Gorge Dam blocks wood from upstream source areas and 2) reduced spring peak runoff volume is insufficient to wash new woody material into the river. High spring floods still occur on the free-flowing Yampa, where large driftwood piles can still be seen. Coarse woody debris (trees and branches) provides an important food source for aquatic invertebrates, so food webs in the Green River have been altered and diminished by dam operations. Restrictions on driftwood gathering in Lodore Canyon help preserve this dwindling resource. While standing dead, down and live wood provide habitat for cavity-nesting species and insects, which are food for birds and other animals, woody debris from project work at several locations along the river corridor is resulting in excessive amounts that negatively impact wilderness character and visitor use of the sites. Due to these negative impacts, the monument has determined that the excessive woody debris must be removed by cutting and stacking for campers to use as firewood on-site or thrown into the river at high water levels to mitigate navigational risk concerns.
(c)(1) Gathering fruits or berries in quantities for preserving and/or canning is prohibited. The following fruits, berries, and nuts may be gathered by hand for personal daily consumption within the Monument’s boundaries:
Elderberry
Wild onion and other edible bulbs
Three leaf sumac berries
Pinyon pine nuts
Choke cherry
Hackberry
Apricots
Plums
Grapes
Apples
Rose Hips
Walnuts
Determination: The unrestricted collection of native fruits, berries, nuts, and fruiting bodies of mushrooms could adversely impact plant propagation and/or wildlife food sources. Fruiting bodies of edible mushrooms (fungi) are not fruits, berries, or nuts, and therefore collection cannot be authorized by the Superintendent.
WILDLIFE PROTECTION - 36 CFR §2.2
(a)(2) The use of elk bugles, varmint calls, audio attractants, or other artificial or natural means of attracting or disturbing wildlife (including rattling antlers, coyote, turkey and sage grouse calls, or verbal bugling or howling imitations) is prohibited.
Determination: Intentional disturbing of wildlife may adversely affect wildlife behavior (i.e., breeding and mating rituals, feeding habits, travel patterns/routes) possibly causing stressful and/or disruptive conditions for wildlife. Dinosaur National Monument is mandated to protect and preserve healthy and natural wildlife populations. Intentional disturbance by humans directly conflicts with this mandate and is unnatural. Using calls can cause wildlife to leave foraging and mating areas and attract them to roads where they are more likely to become injured or killed. They may also become unnatural prey if artificially attracted out of cover.
(d) Wildlife taken lawfully outside the legislative jurisdiction of the Monument may be transported through the Monument under the following conditions:
Persons transporting will have in their possession a valid State hunting license.
Animal carcasses will display a valid State game tag that is properly completed.
Animal carcasses will be subject to inspection at any time by an authorized person.
Determination: The monument does not wish to impede those hunting legally nor impede the transportation of legally taken game. The transportation of game through the monument, which is closed to hunting, however, has elicited visitor complaints and could cause confusion with the monument’s hunting regulation. Law enforcement park rangers are authorized to check hunters transporting game to ensure wildlife was not taken illegally within the monument boundaries.
(e) The monument is closed to viewing wildlife with any artificial light, which includes and is not limited to spotlights and vehicle headlights directed beyond those areas covered in normal highway driving.
Determination: The viewing of wildlife at night with the use of artificial lights temporarily blinds animals, which causes them to become unnatural prey for natural predators and poachers. Nighttime poaching is a problem at the monument.
CAMPING AND FOOD STORAGE - 36 CFR §2.10
(a)(1) Camping in or within 100 yards of any historic structure is prohibited.
Determination: Historic structures are fragile and need protection from any activity that could adversely impact the structure or degrade the historic scene. Examples of historic structures include the Pool Creek Ranch, Bill White Cabin, Baker Cabin, Ruple Ranch, etc.
(b) (9) (ii) Front-county Campgrounds conditions – the following are prohibited:
Operating a gasoline/propane-powered generator inside a front-country campground between the hours of 9:00 PM and 7:00 AM.
Hammocks secured to trees with hardware or less than one inch width straps.
No person shall occupy a campsite in the same campground for more than 14 consecutive days.
No person shall camp in the monument for more than 30 days/calendar year.
Vehicle camping is prohibited in the Island Park area, except at the Rainbow Park Campground.
Vehicles must be parked in established parking areas at campsites.
Camping fees, where applicable, are due within 30 minutes of occupying the site.
Sites for which required fees are not paid will be considered unoccupied and available for use.
Sites may not be unattended for more than 24 hours unless authorized by the Superintendent.
The following limits apply to each campground campsite:
Green River Maximum 8 people 2 vehicles
Split Mountain Maximum 25 people 6 vehicles
Rainbow Park Maximum 8 people 2 vehicles
Echo Park Maximum 8 people 2 vehicles
Echo Park Group Maximum 25 people 6 vehicles
Deerlodge Park Maximum 25 people 4 vehicles
Lodore Maximum 8 people 2 vehicles
Determination: The noise caused by operating a gasoline/propane generator in a campground during these hours disturbs other campers. Over the years, this generator noise has been a constant complaint to rangers from adjacent campers. Limiting camping to specific areas is necessary to maintain public health and safety, protect the environmental and scenic values, protect natural resources, implement management responsibilities and equitable use of facilities, and avoid conflict among visitor use activities. Camping time limits prevent domination of a campsite or area by a few and more equitably allocate use of the area. Group size limits are applicable in the interest of resource protection and to minimize obtrusiveness to other visitors. One inch or greater webbing used to secure hammocks limits damage to trees caused by thinner material. Many visitors are seeking the quiet and solitude of a wilderness experience. Limiting the maximum number of vehicles per campsite minimizes impacts to natural resources that would otherwise result in soil erosion and trampling of vegetation and obtrusiveness to other visitors.
(b)(9) (iii) Backcountry Camping conditions – the following are prohibited:
No person shall camp within ½ mile of any road or developed area unless in a designated campsite.
No backpacking party shall occupy a designated river campsite during the high use river season.
During the low use season, permitted boating groups have priority for river campsites over hikers at designated river campsites.
No person shall camp more than seven consecutive nights from May through September.
No person shall camp more than 14 consecutive nights from October through April.
Hammocks secured to trees with hardware or less than one inch in width straps.
No person shall camp in the Monument for more than 30 calendar days/year.
Camping within ½ mile of Roundtop and Zenobia fire lookouts.
Camping in Hog Canyon and Box Canyon at Josie Morris Ranch.
Camping within ½ mile of the Sounds of Silence and Desert Voices trails.
Camping within 100 feet of a water source, such as a pond, seep, plunge pool, river or stream is prohibited. This prohibition does not apply to individuals under a valid river permit.
Camping within 100 yards of any archeological, historical, or paleontological site.
Except for permitted river groups, the maximum number of people in a camping party is eight.
Camping within ½ mile of Jones Hole Creek Canyon, except at the designated Ely Creek and Jones Hole campsites with a valid backcountry camping permit.
Determination: Backcountry permits and the permit system help the monument monitor visitor use, provide users important information about monument regulations and resource protection and aid rangers conducting emergency operations, such as search and rescue and wildland fire evacuations. Limiting camping to specific areas is necessary to maintain public health and safety, protect the environmental and scenic values, protect natural resources, implement management responsibilities and equitable use of facilities, and avoid conflict among visitor use activities. Camping time limits prevent domination of a campsite or area by a few and more equitably allocate use of the area. Group size limits are applicable in the interest of resource protection and to minimize obtrusiveness to other visitors. The ½ mile distance away from roads and developed areas is to discourage the creation of campsites and campfire rock rings, including the possibility of improperly extinguished campfires, within an easy walking or horseback riding distance from a vehicle, the creation of social trails between a vehicle and campsite, the free use of developed campground facilities that other visitors have paid a camping fee to use, and to limit the visual impacts of erected camping equipment along scenic drives and overlooks.
(d) Food, garbage, lawfully taken fish, equipment used to cook or store food, and all other scented items must be kept suspended at least 10 feet above the ground and 4 feet horizontally from a post, tree trunk or other object, or kept stored in a vehicle, or in a properly secured Interagency Grizzly Bear Committee approved container. This restriction does not apply to food that is being prepared or consumed.
Determination: Incidents within the Monument with black bears accessing food and scented items due to improper storage by campers and day-users have been reported from 2010-2020 Proper food and scented item storage will reduce the likelihood of the area being temporarily closed to public use, a negative encounter between the public and a bear, and/or a bear being removed through trapping or euthanasia.
FIRES - 36 CFR §2.13
(a)(1)(i) Front country - Wood or charcoal fires are restricted to permanent monument-installed metal fire rings or grills in all designated front country campgrounds, and picnic areas. Visitors may use portable gas and charcoal grills where monument installed fire rings or grills exist. Charcoal must be cooled and safely disposed of in an appropriate ash receptacle before leaving. Only gas powered fires that have an on/off switch can be used during Stage II fire restriction as posted by the state or as established by the Superintendent.
(a)(1)(ii) Backcountry – Wood or charcoal fires must be constructed in areas where they will not spread. All rock rings must be dispersed prior to leaving a campsite. All backcountry fires except in firepans are prohibited during Stage I or higher fire restrictions as posted by the state or as established by the Superintendent.
Campfires are prohibited in the following locations:
Jones Hole Creek Canyon including the designated Ely Creek campsites
Upper Pool Creek Canyon
Lower Sand Canyon
Pats Draw
The inner canyons of the Green and Yampa Rivers that are not part of designated river campsites
Within 1 mile of developed campgrounds and day-use areas
within 100 yards of a historical structure unless contained within a permanent monument-installed metal fire ring
(a)(1)(iiii) River Campsites - Wood or charcoal fires must be contained in a firepan. Wood or charcoalfires are allowed only in approved firepans when under Stage I fire restrictions as posted by the state or as established by the Superintendent. Only gas powered fires that have an on/off switch can be used during Stage II fire restriction as posted by the state or as established by the Superintendent. Gathering firewood of any kind is prohibited on the Green River above Echo Park. Driftwood may be collected along the Yampa River and along the Green River below Echo Park.
(a)(1)(iv) Lighting and maintaining any type of fire, including but not limited to cigarettes, candles, lanterns, grills and stoves, is prohibited within any historical structure unless authorized by the Superintendent.
Determination: The use of fires in the monument is regulated to protect structures, natural resources and the public. During extreme weather conditions, open fires may be restricted to prevent the accidental ignition of wildfires.
SANITATION AND REFUSE - 36 CFR §2.14
(a) River backcountry waste: A means to securely contain and remove human waste from the backcountry is required. Systems approved for river use are washable, reusable containers equipped with RV dump fittings, or commercial bag system (e.g. Wag Bag, Restop II), that render human waste into a non-hazardous materiel. Bag systems must be stored in hard-sided containers or heavy-duty waterproof bags labeled “human Waste”. DO NOT PUT WASTE BAGS IN VAULT TOILETS. Any bag system that utilizes “kitty litter” or involves heavy duty bags without additives found in commercially approved bag systems, are illegal and cannot be used according to numerous federal laws. Waste carried out by boaters may be placed in the designated disposal facility adjacent to the Split Mountain Boat Ramp or at an appropriate facility outside the park.
(b) All other backcountry users must follow standard Leave No Trace practices and bury solid human waste at least 100 feet away from any water source or trail in a hole six inches deep.
Determination: Disposal of solid waste as required above is necessary to protect human health and the environment, including water quality.
PETS - 36 CFR §2.15
(a)(1) With the exception of specially trained service dogs meeting requirements listed under the Americans With Disabilities Act (ADA), or specially trained ranch dogs under the direct control of ranchers engaged in approved livestock grazing operations, pets are not permitted in any backcountry area or on any river trip within Dinosaur National Monument. Specially trained dogs, such as those used and engaged in search and rescue, search for human remains (both historic and recent), detection, and conservation, are permitted.
With the exception of specially trained service dogs meeting ADA requirements, pets may be kept overnight only in designated front country campsites. Specially trained dogs, such as those used and engaged in search and rescue, search for human remains (both historic and recent), detection, and conservation, are permitted.
With the exception of specially trained service dogs meeting ADA requirements, pets may not be taken more than 100 feet from developed areas, such as parking lots, designated river launches, campgrounds, and day-use areas, and 100 feet from the centerline of any road. Specially trained dogs, such as those used and engaged in search and rescue, search for human remains (both historic and recent), detection, and conservation, are permitted.
With the exception of specially trained service dogs meeting ADA requirements, pets are not permitted on any hiking trails except for the River Trail between the Green River and Split Mountain campgrounds, Cold Desert Trail, all designated trails in the Plug Hat Butte area, Echo Park Overlook and Iron Springs Bench Overlook trails along Harpers Corner Road, and the trail to the Swelter Shelter Petroglyphs. Specially trained dogs, such as those used and engaged in search and rescue, search for human remains (both historic and recent), detection, and conservation, are permitted.
(a)(3) There are no designated areas where pets may be left unattended and tied to an object.
(a)(5) Pet owners or responsible persons shall promptly collect and properly dispose of pet fecal matter in residential and public use areas. Fecal material should be collected in a plastic bag and disposed of in a garbage can.
(d) The owners or responsible persons of pets running-at-large will be charged for kennel or boarding costs, in addition to veterinarian, transportation, and other fees and fines.
(e) Monument residents may keep pets in accordance with the Dinosaur National Monument Pet Policy and in full compliance with applicable regulations.
Determination: These regulations are not intended to restrict pets from the monument but rather to enhance the natural experience of all visitors. Pets are natural predators and their scent alone may scare wild animals into hiding places. Pet excrement contributes to sanitation problems in visitor use areas and may contribute to transmission of wildlife diseases. During warm temperatures, pets have been left unattended and tied to objects in monument campgrounds and visitor center parking areas. Unattended pets have barked at and bitten other park visitors and are frequently public safety hazards. We recommend that a member of the group stay with the pet while the rest of the group sees the visitor center exhibits. Keeping a pet in an unattended vehicle during high temperatures can result in the death of the animal. Specially trained service dogs fall under provisions of the Americans with Disabilities Act (ADA) and are permitted to accompany people with disabilities in all areas where members of the public are allowed to go.
HORSES AND PACK ANIMALS - 36 CFR §2.16
(a) Horses, mules, burros, and llamas are designated as pack animals.
(g) Only certified weed-free pellets and cubes, but no hay, may be taken into and used in the backcountry. It is recommended that pack animals be fed weed-free feed for 48 hours in advance of entering the monument.
Stock parties shall include no more than eight animals.
Corrals and drift fences are prohibited.
Horse travel is prohibited on Cub Creek Road to the Josie Morris Cabin. Horse travel is permitted on all other unpaved roads that are open to vehicular traffic within Dinosaur National Monument.
The use or containment of pack animals within developed areas, such as picnic areas, residential areas, designated river campsites, designated front country vehicle campgrounds, and visitor center areas, is prohibited.
With the exception of permittees engaged in authorized livestock grazing operations, holding pack animals within 100 yards of a river, flowing stream, pond, seep or plunge pool during extended stops or overnight camps is prohibited. River camps may not be used by stock parties.
With the exception of permittees engaged in authorized grazing operations, allowing pack animals to travel closer than 5 feet to the road shoulder of paved roads is prohibited. An exception is when pack animals need to cross the road.
Horse and pack animal use is prohibited in or on developed areas, campgrounds, around visitor centers, historic structures, paved roads, parking lots or hiking trails. Their use is allowed in the backcountry for day-use and camping.
Manure shall be scattered no less than 100 feet from any campsite area before departing the area.
Stock parties are allowed one night at each backcountry camping area to reduce resource impacts. Stock parties may not keep their stock overnight at any campground.
Picket pins may be made from down and dead wood on-site or packed in. Picket pin sites must be moved frequently to prevent overgrazing or other damage to vegetation and the pins must be pulled from the ground before leaving the campsite.
Lost or dead stock animals within the monument boundaries will be reported as soon as possible to a park ranger.
If an animal dies within the monument, it will be the owner or responsible person’s responsibility to remove the carcass from the monument or make arrangements for its proper disposal as soon as possible.
Pack animals may not be left unattended.
Stock may not be directly tied to trees, to picket pins, or picket lines.
At unloading areas, spilled manure or fresh excrement must be placed in the trailer or scattered at least 100 feet from the area.
Stock parties may not block roads or other visitor access areas with stock or trailers.
Stock parties are subject to the regulations set forth in section 2.10 for backcountry camping.
Determination: Much of Dinosaur National Monument is open to grazing. Horses, mules, and burros are common livestock traditionally used for packing. It has been determined that llamas would have no adverse impact relative to other authorized livestock and in some respects llamas would have less impact than other types of livestock. For these reasons, llamas are designated as an acceptable pack animal. Archeological and historical sites are easily damaged by livestock and require special protection. The requirement that only processed feed be carried into the backcountry is intended to prevent the introduction or spread of non-native vegetation. The requirement to tether or picket stock is to prevent damage to live trees or shrubs and is intended to protect root systems, bark, and foliage from excessive damage that can occur if stock is left restrained in one area for an extended period. Animal stock use limits are implemented to protect the resources. The Cub Creek Road receives heavy visitor vehicle traffic because it is part of the Tilted Rocks Auto Tour. Horse and vehicle traffic on this road is a safety issue.
SKATING, SKATEBOARDS, AND SIMILAR DEVICES - 36 CFR §2.20
The following areas are designated for the use of skates, rollerblades, skateboards, and similar devices:
Headquarters Housing Area – not including the road from the housing area to the Harpers Corner Road.
Quarry Housing Area from the maintenance entrance through the housing areas to the junction of the Quarry Entrance Road.
The use of non-motorized push scooters is allowed in the Split Mountain and Green River campgrounds.
Determination: The residential areas, housing for NPS employees, provide the principle areas for play and activity by children of residents. Skating and using skateboards are activities one can expect children to enjoy. These areas do not have any conflicting uses involving visitor recreation and they are areas in which traffic hazards are minimized
SMOKING - 36 CFR §2.21
(a) Smoking is prohibited in all public use and administrative buildings and facilities, as well as within 25 feet of a public building entrance.
Determination: It is NPS policy that public use and administrative facilities be smoke-free. There are no designated employee smoking areas within NPS facilities.
PROPERTY - 36 CFR §2.22
(a)(2) Motor vehicles may be left in designated parking areas at trailheads, along roadways where the vehicle does not interfere with the flow of traffic and river access areas for more than 24 hours while the vehicle operator, who has been issued or is with a group that has been issued a valid permit by the Monument, is using the backcountry.
Motor vehicles left overnight in visitor center parking lots require a parking permit.
Determination: Motor vehicles are prohibited from using visitor center parking lots without a parking permit due to physical security concerns. Broken down vehicles need to be reported to park rangers if they can’t be fixed within 24 hours.
RECREATION FEES - 36 CFR §2.23
(a) Dinosaur National Monument is designated as an “Entrance Fee Area.” The following areas within Dinosaur National Monument are currently designated recreation fee collection points:
Quarry Entrance Station – Entrance Fee
Quarry Visitor Center – Entrance Fee
Canyon Visitor Center – Entrance Fee
Green River Campground – Camping Fee
Split Mountain Campground – Camping Fee
Lodore Campground – Camping Fee
Echo Park Campground – Camping Fee
Deerlodge Campground – Camping Fee
Rainbow Park Campground – Camping Fee
(c) The Superintendent may, when in the public interest, prescribe periods during which the collection of recreation fees shall be suspended.
Determination: Recreation and entrance fees are charged according to criteria set forth in 36 CFR Part 71.
DISORDERLY CONDUCT - 36 CFR §2.34
(a)(3) Creating or sustaining an unreasonable noise is prohibited within park housing areas between the hours of 10:00 PM and 6:00 AM.
Determination: Monument residents have a reasonable expectation for quiet during the night. Residents should be mindful of the noise generated by their activities and be considerate of neighbors.
(a)(4) Public nudity, including but not limited to boating, swimming, hiking, sunbathing or bathing in the nude, is prohibited in areas frequented by or in the presence of park visitors.
Determination: Public nudity can be considered offensive to some park visitors. Visitors participating in these activities need to use discretion and do these activities away from areas frequented by park visitors.
ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES - 36 CFR §2.35
(a)(3)(i) The possession or consumption of an alcoholic beverage and/or the possession of a bottle, can, or other receptacle containing an alcoholic beverage that is open, or that has been opened, or whose seal is broken, or the contents of which has been partially removed is prohibited in all public/administrative buildings.
The superintendent may authorize the possession and consumption of alcoholic beverages as part of a special use event.
Determination: Closing these areas to the consumption and possession of alcoholic beverages is for public safety concerns and the orderly management of the facilities.
PUBLIC ASSEMBLIES - 36 CFR §2.51
(c)(2) The following areas may be used for public demonstrations, picketing, speechmaking, marching, holding vigils or religious services and all other like forms of conduct that involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which is reasonably likely to draw a crowd of onlookers:
The information kiosk area along Harpers Corner Road between the visitor center/administrative building and the maintenance facility.
The Quarry Visitor Center parking lot.
See park maps in Appendix C, Green River Public Assembly Area and D, Headquarters Public Assembly Area.
This does not apply to casual monument use by visitors or tourists that is not reasonably likely to attract a crowd of onlookers.
Determination: This action is necessary to comply with 36 CFR 2.51 to provide a map showing locations available for public assembly activities. The areas provided should not unreasonably interfere with visitor services and should provide adequate public recognition for any public assembly activity.
MEMORIALIZATION - 36 CFR §2.62
(c) Most areas in Dinosaur National Monument, excluding archeological sites, are open to the scattering of human ashes with a permit from the Superintendent.
Determination: The resource concerns for this type of activity are minimal. Such activity can occur without causing any negative impacts to the resources of the area.
BOATING AND WATER USE ACTIVITY PERMITS - 36 CFR §3.3
A boating permit is required for all vessel use on the Green and Yampa Rivers within Dinosaur National Monument. See appendix E for specific river special park use permit terms and conditions at the monument, which apply to multi-day Green and Yampa River permit holders as well as single-day Green River permit holders from Rainbow Park to the Split Mountain river access. See appendix F for specific river “play permit” terms and conditions at the monument. A play permit is not required if launching downstream of the Split Mountain Campground as this portion of the river is not within the monument’s jurisdiction.
Determination: The permit requirement is to provide for visitor safety, wilderness and resource protection and to reduce user conflicts. A copy of the Dinosaur National Monument River Management Plan and the current “Boating in the Monument” guide are available upon request.
PERSONAL FLOTATION DEVICE (PFD) REQUIREMENT - 36 CFR §3.7
(a) On the Green and Yampa rivers within the boundaries of Dinosaur National Monument, every person on board a vessel is required to properly wear a US Coast Guard-approved PFD for whitewater activities at all times, except PFDs may be loosened or removed by persons 13 years of age or older on the Green River from the mouth of Whirlpool Canyon to the head of Split Mountain Gorge.
Determination: There are numerous rapids and natural obstacles on the Green and Yampa rivers within the monument, as well as unforeseen circumstances, which may cause a person on a vessel to end up in the river. The use of a properly fitted, US Coast Guard approved whitewater PFD reduces the possibility of drowning. The requirement is optional in only one particular section of flat water for boaters ages 13 years of age or older in accordance with Utah state boating regulations. While optional, the monument strongly encourages all boaters to wear their PFD at all times.
VESSEL OPERATIONS - 36 CFR §3.8
(a)(2) The following areas are designated vessel launch and recovery sites: Cross Mountain parking lot, Deerlodge boat ramp, Lodore boat ramp, Echo Park boat ramp, Rainbow Park boat ramp, Split Mt. boat ramp, Placer Point day use area, and Cub Creek Road pullout near the main boundary.
The Echo Park boat ramp is for administrative/emergency vessel launching and recovery only, as well as for play permit access to Steamboat Rock for hikers and rock climbers. Authorization to launch or take out at the Echo Park boat ramp may be granted for non-emergency use on a case by case basis.
While a permit is not required for launching vessels at the Placer Point day-use area along the Cub Creek Road, the launching or recovery of large rafts and motorized vessels are prohibited as the site lacks an adequate boat ramp capable of handling larger, heavier craft.
Launch and recovery sites are designated on river permits. Only those sites identified on the permit may be used.
The Superintendent or designee may temporarily allow the launching and recovery of vessels at other locations upon request.
Determination: Launching and recovering vessels outside of designated areas can lead to unauthorized boating activities, bank erosion, impact to sensitive plants, parking issues and user conflicts. The Superintendent may approve requests to launch and recover vessels outside these designated areas on a case-by-case basis.
VEHICLES AND TRAFFIC SAFETY - 36 CFR §4.10
(a) Electronic Personal Assistive Mobility Device (EPAMD), motorized scooters and similar devices, as defined under 36 CFR 1.4 are motor vehicles. The monument has imposed a restriction on the use of EPAMDs, motorized scooters and similar devices from all park areas including roads, sidewalks and trails.
However, any visitor or employee with a disability is permitted to use EPAMDs, motorized scooters, motorized wheelchairs or similar devices in park buildings and developed areas, such as campgrounds and parking lots, when the sole purpose for use of such devices is mobility assistance. For safety reasons, EPAMDs, motorized scooters and similar devices may not be used on any park road or trail.
Individuals with disabilities who operate one of the above described devices must operate the device in a safe and responsible manner so as not to endanger oneself or other park visitors. The maximum speed for such devices is 8 mph. The operator of an assistive mobility device will have the same rights applicable to a pedestrian under the same circumstances, except the operator must yield to other pedestrians.
Wheelchairs (either manual or motorized) are not considered motor vehicles or mechanized vehicles and are allowed on park trails, although this is not recommended.
Determination: The monument wishes to provide as much access as possible to visitors with disabilities while maintaining an environment that is safe for all visitors and protects monument resources.
SPEED LIMITS - 36 CFR §4.21
(b) The Superintendent has established the following speed limits:
Cub Creek Road (Access road to Josie Morris’ cabin) – 15 mph
Quarry Exhibit Hall Access Road – 15 mph
Green River Campground Access Road – 25 mph
Deerlodge Road – 45 mph
Lodore Access Road – 25 mph
Island and Rainbow Park Roads – 25 mph
Harpers Corner Road from Hwy 40 to the park residential access road – 25 mph
Harpers Corner Road at Plug Hat day-use area – 25 mph
Harpers Corner Road in the Harper’s Corner Trailhead and parking area – 15 mph
Cub Creek Road approaching the fee entrance station from either direction – 15 mph
Determination: 36 CFR 4.21(a) establishes a 45 mph speed limit for monument roads outside of certain areas listed in 36 CFR 4.21(a)(1) and (a)(2) unless the Superintendent determines that the speed is “unreasonable, unsafe or inconsistent with the purposes for which the park area was established” as stated in 36 CFR 4.21(b). The Superintendent has determined that the speed limits listed above are reasonable, safe and consistent with park purposes. Many are based on the recommendations from Utah and Colorado Department of Transportation road engineers.
BICYCLES - 36 CFR §4.30
(a) Bicycle use, including use of e-bikes, within Dinosaur National Monument is permitted only on routes open to public motor vehicle use. They are prohibited on administrative roads and all trails. Monument staff are authorized to use bicycles on administrative roads approved by the Superintendent.
Determination: Bicycle use is permitted on all roads open to public motor vehicle use. They are not permitted on trails or roads closed to the public. Much of the Monument is recommended wilderness where wheeled vehicles are prohibited.
HITCHHIKING - 36 CFR §4.31
For the purpose of hiking a pack trail or traveling cross-country, hitchhiking is permitted to obtain transportation back to one’s vehicle or from one’s vehicle to a trail entry point. Hitchhiking is also permitted to obtain assistance for a disabled vehicle. It shall not be permitted where it creates a traffic hazard.
Determination: Some monument trails do not loop back to their beginning point, but come out a significant distance from the original entry point. Soliciting a ride for a short distance has been an accepted practice for many years without any complaints or history of problems.
APPENDIX A – HAYSTACK ROCK CLOSURE MAP
APPENDIX B – DINOSAUR ATV AND OHV MEMO
United States Department of the Interior
NATIONAL PARK SERVICE
Dinosaur National Monument
4545 Highway 40
Dinosaur, CO 81610
October 6, 2008
Memorandum
To: File
From: Superintendent, Dinosaur National Monument /s/ Mary Risser
Subject: Determination regarding the use of all-terrain vehicles and similar vehicles on Dinosaur National Monument roads
For many years, the use of motor vehicles “off-road” within national parks has been prohibited by 36 CFR 4.10. 36 CFR 4.10(a) prohibits motor vehicle use except on park roads, in parking areas, and on routes and designated areas. 36 CFR 4.10(b) requires that route and area designations be made only by special regulation and that they be made only in national recreation areas, national seashores, national lakeshores and national preserves. This precludes making such designations within national parks and monuments.
In Utah, all-terrain vehicles (ATV), off-road vehicles (OHV), and similar vehicle use on roads within NPS areas has been prohibited by action of 36 CFR 4.2, which assimilates Utah law related to motor vehicles. Utah law had generally prohibited the use of ATV, OHV, and similar vehicles on roads.
Thus, such vehicles were prohibited both off-road and on-road within national parks in Utah.
During the 2008 General Session of the Utah legislature, however, S.B. 181 was passed. The new law became effective on October 1, 2008. The bill alters the previous state law regarding the operation of ATV, OHV, and similar vehicles on roads, so that those vehicles could operate on many roads in Utah, including within NPS areas. In effect, this alteration of state law could terminate the longstanding closure of park roads to ATVs and introduce a new use into the parks and monuments. NPS Management Policies require that park superintendents monitor new or changing patterns of use and assess their potential impacts on park resources. A new park use may not be allowed until the superintendent has made a determination that it will be appropriate and not cause unacceptable impacts. ATV, OHV, and similar vehicle use on roads is a potential new use within Dinosaur National Monument and must be evaluated and determined to be appropriate prior to being allowed.
The NPS Management Policies 2006 contain a discussion of applicable laws:
“The 1916 Organic Act directs the Service to conserve park resources “unimpaired” for the enjoyment of future generations. The 1970 National Park System General Authorities Act, as amended in 1978, prohibits the Service from allowing any activities that would cause derogation of the values and purposes for which the parks have been established. Taken together, these two laws establish for NPS managers a strict mandate to protect park resources and values; a responsibility to actively manage all park uses; and when necessary, an obligation to regulate their amount, kind, time and place in such a way that future generations can enjoy, learn, and be inspired by park resources and values and appreciate their national significance in as good or better condition than the generation that preceded them.” (Management Policies 2006, 8.1)
“The fundamental purpose of the national park system, established by the Organic Act and reaffirmed by the General Authorities Act, as amended, begins with a mandate to conserve park resources and values. This mandate is independent of the separate prohibition on impairment and applies all the time with respect to all park resources and values, even when there is not risk that any park resources or values may be impaired. NPS managers must always seek ways to avoid, or to minimize to the greatest extent practicable, adverse impacts on park resources and values.” (Management Policies 2006, 1.4.3)
“Congress, recognizing that the enjoyment by future generations of the national parks can be ensured only if the superb quality of park resources and values is left unimpaired, has provided that when there is a conflict between conserving resources and values and providing for enjoyment of them, conservation is to be predominant.” (Management Policies 2006, 1.4.3)
The Management Policies, reflecting applicable laws, go on to discuss what constitutes appropriate park use.
“Appropriate forms of visitor enjoyment emphasize appropriate recreation consistent with the protection of the park.” (Management Policies 2006, 8.1.1)
“However, many forms of recreation enjoyed by the public do not require a national park setting and are more appropriate to other venues. The Service will therefore:
Provide opportunities for forms of enjoyment that are uniquely suited and appropriate to the superlative natural and cultural resources found in the parks;
Defer to local, state, tribal, and other federal agencies; private industry; and nongovernmental organizations to meet the broader spectrum of recreational needs and demands.
To provide for enjoyment of the parks, the National Park Service will encourage visitor activities that:
Are appropriate to the purpose for which the park was established; and
Are inspirational, educational, or healthful, and otherwise appropriate to the park environment; and
Will foster an understanding of and appreciation for park resources and values, or will promote enjoyment through a direct association with, interaction with, or relation to park resources; and
Can be sustained without causing unacceptable impacts to park resources or values.” (Management Policies 2006, 8.1.2)
In addition to the laws applicable to NPS areas nationwide, the following specific legislation is applicable to Dinosaur National Monument. Dinosaur was established by Presidential Proclamation 1313 on October 4, 1915 (39 Stat. 1752), to preserve an “extraordinary deposit of Dinosaurian and other gigantic reptilian remains of the Juratrias period, which are of great scientific interest and value.” In 1938, the monument was enlarged by Presidential Proclamation 2290 (53 Stat. 2454) to include the “various objects of historic and scientific interest” in the river corridors and adjacent viewsheds for the major canyons of the Green and Yampa rivers.
The General Management Plan for Dinosaur National Monument states that “The protection and preservation of the natural environment to ensure ecosystem integrity while providing for visitor enjoyments would be the principal consideration. Biological, geological, and other natural processes would be permitted to continue with a minimum of human disturbance.”
The affected environment section of many of the monument’s planning documents include discussions of the resources that the National Park Service is mandated to protect and that would be threatened by off-road use by these vehicles.
The adverse impacts of motor vehicle use off of roads have long been a grave concern in NPS areas. As a result, motor vehicle use off of roads is prohibited in national parks and monuments nationwide to protect the natural and cultural resources, and the scenic, scientific, and archeological features of national parks. This is because motor vehicles travelling off of roads disturb the soil and damage vegetation, which leads to soil erosion. They also damage archeological resources by crushing those resources or as a result of soil erosion induced by such travel. They damage and destroy vegetation, which can adversely affect wildlife habitat, and adversely affect the scenic quality of the natural landscape. Research has shown that, once such damage has occurred, it is very difficult or impossible to repair.
The addition of off-road vehicle traffic on park roads will inevitably result in injury and damage to park resources. These specialized vehicles are designed, produced and marketed for the purpose of off-road travel, and they are uniquely capable of easily leaving the road and travelling cross-country. No reasonable level of law enforcement presence would be sufficient to prevent ATV and OHV use off roads. Park rangers will not have the ability to pursue and apprehend vehicle users off-road without adding to the damage they cause to park resources.
Visitor education and civic engagement could reduce the potential for off-road use of these specialized motor vehicles, but could not preclude it. The potential for substantial damage is great, even from a small number of off-road incidents, and is an unacceptable risk.
Fencing park roads could physically prevent off-road vehicle use. However, in addition to being unrealistic due to expense, fencing roads would be contrary to NPS Policies, as it would have unacceptable impacts on natural and cultural resources, on scenery, and on visitor enjoyment. NPS Park Road Standards state that “A park road should be fundamentally designed to maintain an overall continuing sense of intimacy with the countryside or area through which it passes.” NPS Management Policies (2006) address the integration of facilities into the park environment at 9.1.1.2: “Development will not compete with or dominate park features or interfere with natural processes, such as the seasonal migration of wildlife or hydrologic activity associated with wetlands.” Fencing park roads would be inconsistent with NPS purposes and policies; therefore it is not an acceptable alternative.
The use of ATV, OHV, and similar vehicles does not require a park setting. Public lands are currently open to their use on and off roads, so the opportunity for this recreational use is available in other venues. There has been virtually no public demand for their use within the parks and monuments.
Determination: The use on park roads of off highway vehicles (OHVs), all-terrain vehicles (ATVs), and other motorized conveyances manufactured for recreational non-highway, off road, or all terrain travel poses a significant risk to park resources and values which cannot be appropriately mitigated, and which cannot be sustained without causing unacceptable impacts. The use of such vehicles is, therefore, not consistent with the protection of the parks and monuments.
A clear purpose of such vehicles is to travel off-road. Their capability to readily do so, the resource damage caused by off-road travel, and the lack of effective mitigation measures make their use inappropriate in these national parks and monuments. Prevention of resource damage by off-road vehicle travel is essential, because once resources have been damaged it is difficult, if not impossible, to provide effective restoration.
Title 36 CFR 1.5 provides for the closure of park areas to specific uses or activities when the superintendent determines that a closure is necessary for park purposes. In cases where the closure does not alter the public use pattern of the park area, does not adversely affect park resources, and is not highly controversial, the superintendent may establish the closure through writing a determination and notifying the public.
In emergency situations, even in cases where the closure would alter the public use pattern of the park area, would adversely affect park resources, or would be highly controversial, the closure may be implemented if necessary for park purposes without prior publication as a rulemaking and without preparation of a written determination prior to the action.
OHVs, ATVs, and similar vehicles have long been prohibited within Dinosaur National Monument by assimilation of state law. Maintaining that prohibition by application of 36 CFR 1.5 would not constitute an alteration of a public use pattern of the monument. Maintaining the current prohibition would not adversely affect park or monument resources. It would not be controversial, since it would not be a change and because the public understands the current restriction. On the other hand, terminating the prohibition would be controversial, would constitute an alteration of a public use pattern, and would adversely affect park resources.
In accordance with the provisions of 36 CFR 1.5, and the requirements of the National Park Service Management Policies (2006) Section 1.5, it is my professional judgment that for the protection of environmental and scenic values, for the protection of natural and cultural resources, and for the implementation of management responsibilities, it is necessary to continue the current prohibition against the operation of any off highway vehicle (OHV), all-terrain vehicle (ATV) or other motorized conveyance manufactured for recreational nonhighway, off road, or all terrain travel (all-terrain type I or type II vehicles, as defined by Utah State Code Annotated 41-22-2) on park roads within Dinosaur National Monument.
Public notice of this determination will be made in accordance with the provisions of 36 CFR 1.7 (a). As required by 36 CFR 1.7 (b), this closure shall be added to the park compendium, and made available to the public upon request. A file of relevant documents considered in making this determination will also be made available to the public upon request.
This action does not preclude consideration of proposals for the use of ATV, OHV, and similar vehicles on park roads. If proposals are made to allow such vehicles on park roads, they would be considered according to the process described in the National Park Service Management Policies (2006) at 8.1.2.
APPENDIX C – QUARRY VISITOR CENTER PUBLIC ASSEMBLY AREA
APPENDIX D – MONUMENT HEADQUARTERS PUBLIC ASSEMBLY AREA
APPENDIX E – 2021 MULTI-DAY RIVER PERMIT TERMS AND CONDITIONS
Regulations & Conditions of Use:
The permittee shall exercise this privilege subject to the supervision of the superintendent or designee, and shall comply with all applicable Federal, State, county, and municipal laws, ordinance, regulations, codes, and the terms and conditions of this permit. Failure to do so may result in the immediate suspension of the permitted activity, a criminal penalty and/or have their privileges to hold a permit in the park revoked. Violations of the permit fall under 36CFR and the Superintendent's Compendium of Regulations. Maximum fine can be up to $5000 and/or up to six months in prison. The permittee is prohibited from giving false information; to do so will be considered a breach of conditions and be grounds for revocation (36 CFR 2.32(a)(3)). This permit may be revoked at the discretion of the Superintendent upon 24 hours notice if damage to resources facilities occurs or is threatened, notwithstanding any other term or condition of the permit to the contrary.
If any provision of this permit shall be found to be invalid or unenforceable, the remainder of this permit shall not be affected and the other provisions of this permit shall be valid and be enforced to the fullest extent permitted by law.
This permit is made upon the express condition that the United States, its agents and employees shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury, injuries, or death to any person or persons or property of any kind whatsoever, whether to the person or property of the Permittee, its agents or employees, or third parties, from any cause or causes whatsoever while in or upon said premises or any part thereof during the term of this permit or occasioned by any occupancy or use of said premises or any activity carried on by the Permittee in connection herewith, and the Permittee hereby covenants and agrees to indemnify, defend, save and hold harmless the United States, its agents, and employees from all liabilities, charges, expenses and costs on account of or by reason of any such injuries, deaths, liabilities, claims, suits or losses however occurring or damages growing out of the same.
The person named on the permit as in charge of the permitted activity must have full authority to make any decisions about the activity and must remain on-site at all times. He/she shall be responsible for all individuals, groups, etc. involved with the permit. All permit holders must present a valid, unaltered photo id to the ranger during the check-in inspection. The permittee must also present their permit, which they are required to have on them for the duration of the trip. If no ranger is available at check-in, the permittee must complete a trip checkout form before departing. The permit must be placed in the box on the Split Mountain boat ramp.
Permit holders must launch their trips on the date and at the location listed on their permit. Likewise, they may only take out on the date and at the location listed on their permit.
Permits are not transferable. The permittee must accompany the entire river trip. If the original permittee is disqualified from the trip or cannot go on the trip for any reason, the permit will be cancelled. Permit holders must be 18 years old or older at the time of the permit.
River trips shall include no more than 25 persons at any point on the trip. People traveling under one permit must launch, travel, camp, and take out together.
Each participant MUST have a serviceable U.S. Coast Guard approved personal flotation device (PFD). At least one extra PFD must be carried for every 10 persons on the trip (i.e. a trip with 1 to 10 participants must have at least one extra PFD, and a trip with 11-20 participants must have at least two extra PFDs). The PFDs must be maintained in good and serviceable condition in compliance with the USCG standards and must be worn and fastened properly at all times while on the river. (Except from Cove Campsite to Rainbow Park boat ramp on the Green River). All PFDs must have a USCG approved label stating the PFD is designed for whitewater rafting, canoeing, rescue, sailing, paddling, and/or kayaking.
General boating, action sport, fishing, and water ski vests are prohibited. The PFDs may not have any holes, rips, tears, broken/repaired buckles, or broken/repaired zippers, and must be appropriately sized for each person.
Spare PFDs must be an appropriate size and weight for potential users, including children.
An accurate passenger list must be completed prior to launch. Changes will not be allowed at the launch site. Only one high use season multi-day trip per person is allowed.
Pets are not permitted on river trips. See section 36 CFR §2.15 - PETS of this compendium for regulations related to service animals.
Boating under the influence of alcohol or a controlled substance is prohibited. All underage drinking is prohibited.
The possession of firearms must comply with state law; however, the use of firearms is prohibited. The possession or use of other weapons, explosives, and fireworks is prohibited.
Use of generators/motors on the river is prohibited.
Removing, disturbing, or defacing natural, historic, cultural, paleontological, or archeological features is prohibited.
There is no camping, sleeping, and/or overnight parking on the launch ramps or sandbars.
Fishing is permitted, subject to all state regulations and licenses of the state in which the person is fishing.
All trips must carry the following required equipment: .1 major first aid kit; -- a minor first aid kit for each raft/dory; --a repair kit; --an air pump(s); --one rescue kit (aka sweep kit or z-drag kit); --one throwable Type IV device (throw bag) for each boat 16' or longer; --a mesh strainer for dishwater and ashes; --a kitchen floor tarp to be placed under food prep & serving areas;-- one fire pan (only required if building a fire) appropriate for the size of fire; --a fire proof tarp, blanket, or welder's cloth of sufficient size to catch coals and ashes around the fire pan; --a washable, reusable, leak-proof toilet system that allows for the carry-out and disposal of solid human body waste; -- one spare oar for each raft or dory & one spare paddle for every paddle raft. Groups using low capacity vessels (kayaks, inflatable kayaks, canoes, paddle boards) must carry spare paddles as follows: 1-5 craft require one spare paddle, 4-6 craft require 2 spare paddles, etc.; --helmets are required for all low-capacity vessels. You should carry one spare helmet for every 5 vessels; --Water-tight spray skirts and flotation for each hard-shelled kayak and/or decked canoe.
All other regulations located in the current year’s Boating in the Monument booklet must be followed.
APPENDIX F – 2021 TERMS AND CONDITIONS OF RIVER PLAY PERMITS
A permit is required for boating in Dinosaur National Monument. For permits to boat through the monument on the Green and Yampa rivers, visit recreation.gov or call the River Office at (970) 374-2468, Monday-Friday, 8:00 a.m. to 12 p.m. for details.
Play Permits are required for boating on the Green River if launching at Split Mountain Boat Ramp, boating into the monument from upriver of either Gates of Lodore or Deerlodge Park, or any bank to bank river crossing within the monument.
Play permits are free and issued by the River Office, any on-site park ranger,volunteer camp host, and either visitor center. Advanced reservations are not necessary.
One play permit will be issued each day for groups wishing to take out at Gates of Lodore orDeerlodge Park. To avoid congestion at the boat ramps, arriving after 2:00 p.m. is recommended. There are no daily limits for boating below Split Mountain Boat Ramp. Much of the land downstream of the monument boundary is private land. Boaters are responsible for knowing area rules and regulations for the take-out points outside the monument jurisdiction.
For your safety and protection of monument resources, these terms and conditions are required:
Each group must have a signed Play Permit.
Each person must wear an appropriately sized USCG approved lifejacket (PFD).
Rafts launching at Split Mountain must exit downstream of the monument boundary.
Canoes, kayaks, paddleboards, and pack rafts may launch at the Split Mountain Boat Ramp.
Play permits are not required for launching downstream of the Split Mountain Campground as this section of river is outside the monument boundary.
Recommended Equipment:
One extra PFD.
An extra paddle or oar.
Patch kit and pump for inflatable vessels.
First aid kit.
Prohibited Activities:
Violating Coast Guard or state boating regulations.
Fishing without a valid state fishing license.
Using air mattresses, inner tubes, conventional rowboats, swimming pool type rafts, or toys.
Groups larger than 25 persons.
Camping, fires, and fireworks.
Pets are not allowed on boats within the monument.
Possession of firearms is subject to state law.
Unauthorized commercial use.
Use of a boat motor inside the monument.
Disturbing or collecting any natural or historical feature or objects.
Disturbing wildlife.
Trespassing on any private lands.
Launching or recovering outside designated locations without prior approval.
APPENDIX G – FOSSIL DISCOVERY TRAIL OFF TRAIL HIKING CLOSURE MAP
APPENDIX H – COMMERCIAL FILMING AND STILL PHOTOGRAPHY REGULATIONS
Subpart A - Areas Administered by the National Park Service, the Bureau of Land Management, and the U.S. Fish and Wildlife Service
§5.1 What does this subpart cover?
This subpart covers commercial filming and still photography activities on lands and waters administered by the National Park Service, the Bureau of Land Management, and the U.S. Fish and Wildlife Service.
§5.2 When do I need a permit for commercial filming or still photography?
(a) Still photography does not require a permit unless:
(1) It uses a model, set, or prop as defined in §5.12; or
(2) The agency determines a permit is necessary because:
(i) It takes place at a location where or when members of the public are not allowed; or
(ii) The agency would incur costs for providing on-site management and oversight to protect agency resources or minimize visitor use conflicts.
§5.3 How do I apply for a permit?
For information on application procedures and to obtain a permit application, contact the site manager at the location at which you seek to conduct commercial filming or still photography activities.
§5.4 When is a permit required for news-gathering activities?
(a) Permit requirements. News-gathering activities involving filming, videography, or still photography do not require a permit unless:
(1) We determine a permit is necessary to protect natural and cultural resources, to avoid visitor use conflicts, to ensure public safety or authorize entrance into a closed area; and
(2) Obtaining a permit will not interfere with the ability to gather the news.
(b)Terms and conditions. All permits issued under this section will include only terms and conditions necessary to maintain order, ensure the safety of the public and the media, and protect natural and cultural resources.
(c) Exemptions. A permit issued for news-gathering activities is not subject to location fees or cost recovery charges.
§5.5 When will an agency deny a permit for commercial filming or still photography?
We will deny a permit authorizing commercial filming or still photography if we determine that it is likely that the activity would:
(a) Cause resource damage;
(b) Unreasonably disrupt or conflict with the public's use and enjoyment of the site;
(c) Pose health or safety risks to the public;
(d) Result in unacceptable impacts or impairment to National Park Service resources or values;
(e) Be inappropriate or incompatible with the purpose of the Fish and Wildlife Service refuge;
(f) Cause unnecessary or undue degradation of Bureau of Land Management lands; or
(g) Violate the Wilderness Act (16 U.S.C. 1131-1136) or any other applicable Federal, State, or local law or regulation.
§5.6 What type of permit conditions may the agency impose?
(a) We may impose permit conditions including, but not limited to, conditions intended to:
(1) Protect the site's values, purposes, and resources, and public health and safety; and
(2) Prevent unreasonable disruption of the public's use and enjoyment.
(b) We may revoke your permit if you violate a permit condition.
§5.7 What are my liability and bonding requirements as a permit holder?
(a) Liability. In accepting a permit, you agree to be fully liable for any damage or injury incurred in connection with the permitted activity, and to indemnify and hold harmless the United States of America as a result of your actions. We may require you to obtain property damage, personal injury, commercial liability or public liability insurance in an amount sufficient to protect the United States from liability or other claims arising from activities under the permit. The insurance policy must name the United States of America as an additional insured.
(b) Bond. You are responsible for all response, repair and restoration if your activity causes damage to an area. We may also require you to provide a bond or other security sufficient to secure any obligations you may have under the permit and applicable laws and regulations, including the cost of repair, reclamation, or restoration of the area. The amount of the bond or security must be in an amount sufficient to provide full payment for the costs of response and restoration, reclamation, or rehabilitation of the lands in the event that you fail to adequately repair, reclaim, or restore the area as directed by the agency. If the amount of the bond or other security is inadequate to cover cost of the repair, reclamation, or restoration of the damaged lands or resources you will also be responsible for the additional amount.
§5.8 What expenses will I incur?
There will be no fees associated with filming. For still photography, you must pay a location fee and reimburse Dinosaur National Monument for expenses that are incurred as a result of administering the permit, as required in this section.
(a) Location fee.
Still photography permits require a reasonable location fee that provides a fair return to the United States.
The location fee charged is in lieu of any entrance or other special use fees. However, the location fee is in addition to any cost recovery amount assessed in paragraph (b) of this section and represents a fee for the use of Federal lands and facilities and does not include any cost recovery.
The monument will assess location fees in accordance with a fee schedule, which will be published in the Federal Register and also make available on the internet and at agency field offices. The location fee does not include any cost recovery.
(b) Cost recovery: You must reimburse the monument for actual costs incurred in processing your request and administering your permit. The monument will base cost recovery charges upon our direct and indirect expenses including, but not limited to, administrative costs for application processing, preproduction meetings and other activities, on-site monitoring of permitted activities, and any site restoration.
§5.9 How long will it take to process my request?
(a) Still photography: The monument will process applications for still photography permits in a timely manner. Processing times will vary depending on the complexity of the proposed activity. A preapplication meeting with agency personnel is encouraged and may assist us in processing your request for a permit more quickly. For information on application procedures contact the appropriate agency field office.
(b) Filming: Dinosaur National Monument will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10-day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit.
§5.10 Can I appeal a decision not to issue a permit?
Yes. If your request for a permit is denied, the site manager issuing the denial will inform you of how and where to appeal.
§5.11 Information collection
The information collection requirements contained in this subpart have been approved by the Office of Management and Budget (OMB) under 44 U.S.C. 3501 et seq., and assigned the following OMB clearance numbers: 1024-0026 for the National Park Service, 1004-0009 for the Bureau of Land Management and 1018-0102 for the Fish and Wildlife Service. This information is being collected to provide land managers data necessary to issue permits for commercial filming or still photography permits on Federal lands. This information will be used to grant administrative benefits. The obligation to respond is required in order to obtain a benefit. You may send comments on this information collection requirement to the Departmental Information Collection Clearance Officer, U.S. Department of the Interior, 1849 C Street NW., MS3530, Washington, DC 20240.
§5.12 How are terms defined in this subpart?
The following definitions apply to this subpart:
Agency, we, our, or us means the National Park Service, the Bureau of Land Management, and the U.S. Fish and Wildlife Service, as appropriate. Commercial filming means the film, electronic, magnetic, digital, or other recording of a moving image by a person, business, or other entity for a market audience with the intent of generating income. Examples include, but are not limited to, feature film, videography, television broadcast, or documentary, or other similar projects. Commercial filming activities may include the advertisement of a product or service, or the use of actors, models, sets, or props. Cost recovery means the money that an agency collects as reimbursement for actual costs it incurred to permit a particular activity, including but not limited to, accepting and processing a permit application and monitoring the permitted commercial filming or still photography activity. Location fee means a land or facility use fee similar to rent that provides a fair return to the United States for the use of Federal lands or facilities when used for:
Commercial filming activities or similar projects; and
Still photography activities where a permit is required.
Modelmeans a person or object that serves as the subject for commercial filming or still photography for the purpose of promoting the sale or use of a product or service. Models include, but are not limited to, individuals, animals, or inanimate objects, such as vehicles, boats, articles of clothing, and food and beverage products, placed on agency lands so that they may be filmed or photographed to promote the sale or use of a product or service. For the purposes of this part, portrait subjects such as wedding parties and high school graduates are not considered models, if the image will not be used to promote or sell a product or service.
News means information that is about current events or that would be of current interest to the public, gathered by news-media entities for dissemination to the public. Examples of news-media entities include, but are not limited to, television or radio stations broadcasting to the general public and publishers of periodicals (but only if such entities qualify as disseminators of “news”) who make their products available for purchase by or subscription by or free distribution to the general public.
As methods of news delivery evolve (for example, the adoption of the electronic dissemination of newspapers through telecommunications services), these alternative media will be considered to be news-media entities.
A freelance journalist is regarded as working for a news-media entity if the journalist can demonstrate a solid basis for expecting publication through that entity, even if the journalist is not actually employed by the entity. A contract would present a solid basis for such an expectation; we may also consider the past publication record of the requester in making such a determination.
News-gathering activities means filming, videography, and still photography activities carried out by a representative of the news media.
Permitmeans a written authorization to engage in uses or activities that are otherwise prohibited or restricted. Representative of the news media means any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. Resource damage means harm to the land or its natural or cultural resources that cannot reasonably be mitigated or reclaimed. Sets and props means items constructed or placed on agency lands to facilitate commercial filming or still photography including, but not limited to, backdrops, generators, microphones, stages, lighting banks, camera tracks, vehicles specifically designed to accommodate camera or recording equipment, rope and pulley systems, and rigging for climbers and structures. Sets and props also include trained animals and inanimate objects, such as camping equipment, campfires, wagons, and so forth, when used to stage a specific scene. The use of a camera on a tripod, without the use of any other equipment, is not considered a prop. Still photography means the capturing of a still image on film or in a digital format. Videography means the process of capturing moving images on electronic media, e.g., video tape, hard disk or solid state storage.
This Guidance is intended to improve the internal management of the Department. This Guidance and any resulting report or recommendations are not intended to, and do not, create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person. To the extent there is any inconsistency between the provisions of this Guidance and any Federal laws or regulations, the laws or regulations will control.
