The compendium actions in this document apply in addition to all other laws that apply to lands and waters administered by the NPS within the boundaries of Fort Donelson National Battlefield. These include: - Regulations in 36 CFR and other CFR titles such as Title 43, which contains regulations that apply on public lands administered by the Department of the Interior. The current version of the CFR can be found at www.ecfr.gov. Click on “Title 36” and then “Chapter 1” to access 36 CFR.
- Statutes codified in U.S. Code, in particular provisions of Titles 16 and 54. This Compendium is organized by the sections in 36 CFR that give the Superintendent discretionary authority take the compendium action. Written determinations that explain why each compendium action is necessary appear in this document in italicized print.
This Compendium is reviewed annually and revised as necessary. The park welcomes comments about its programs or activities. Please contact fodo_superintendent@nps.gov if you have any questions or comments about the Superintendent’s Compendium.\ NPS regulations in 36 CFR 1.4 define certain terms that are used in 36 CFR. Other sections in 36 CFR may define terms that are used in those sections. To the extent any terms defined in the CFR are used in this Compendium, those definitions apply. In addition to terms defined in the CFR, the following terms used in this Compendium are defined as follows: Day Use Area: any area consisting of or adjacent to paved parking lots, buildings, or toilet facilities that are open to the general public. Uncrewed Aircraft: A device that is used or intended to be used for flight 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 recreation or commerce. Walkway: Sidewalks, paths, trails, or hard-surfaced areas that are closed to the use of bicycles and motorized vehicles. E-Bike: Refers to a two, or three-wheeled cycle, with fully operable pedals and an electric motor of less than 750 watts (1 hp.). 36 CFR 1.5 - CLOSURES AND PUBLIC USE LIMITS36 CFR 1.5(a)(1) Visiting hours, public use limits, and closures.Visiting Hours - Fort Donelson Visitor Center - 8:30 a.m. to 4:00 p.m. Extended Visitor Center hours may be coordinated with the Cooperating Association (Eastern National) and the building will be posted as such during this time. 36 CFR 1.5(a)(2) - Designated areas, Conditions, or Restrictions on a use or activity.Conditions or Restrictions on a Use or Activity- Parking at the Buckner’s Final Defense tour stop will be limited to 30 minutes to allow all those following the park tour route an opportunity to safely park and visit the interpretive markers. Determination: Use of this small 3-space parking lot is often filled with persons using the “rope swing area,” located on adjacent Corps of Engineers property. Excessive, long-term use of these limited spaces for this non-park activity create traffic problems on the main tour road and prevents park visitors from visiting the tour stop. - Launching, landing, or operating an uncrewed aircraft (drone or similar) from or on lands and waters administered by the National Park Service within the boundaries of Fort Donelson National Battlefield is prohibited except as approved in writing by the Superintendent. Determination: Operation of uncrewed aircraft has significant potential to create unreasonable noise and other intrusions that would adversely affect the experiences of visitors and the solemnity of the park. Careless operation of unmanned aircraft could result in collisions with resources, possibly causing damage. - Any and all types of recreational games and activities (i.e., football, baseball, frisbees, kite flying, pocket motorcycles, field games, flying model airplanes or operation of other radio-controlled models, rocket launching, throwing objects through the air, except in those areas authorized by permit through the Superintendent or designee. Determination: Ample opportunities exist outside the park for these activities. These types of activities are inconsistent with the preservation and protection of resource values and interfere with the peace and tranquility of the landscape and are inconsistent with the reason the park was created. - Walking, jogging, or standing on park roads, whether one-way or two-way, in a manner that interferes with traffic. Determination: This activity causes an unsafe condition for park visitors. - Picnicking is allowed in the following designated areas: Picnic Area near Cumberland River at Fort Donelson and the Pavilion Area next to the Fort Donelson Visitor Center.
Determination: Due to the historic nature of the battlefield and in accordance with NPS Management Policies, it has been determined that picnicking activities in additional areas would be inconsistent with the purpose for which these areas were established and are to be managed. - The park is closed to camping. Determination: Opportunities exist outside the park for camping. There are no designated campgrounds in the park. Infrastructure does not support campgrounds. Camping is permitted only under certain circumstance by the Superintendent or designee. - The collecting of wood is prohibited without a permit. Determination: This activity is prohibited because fires and/or camping are not permitted within the park without a permit. This activity also poses the risk of causing resource damage and visitor injury. Collecting of wood is permitted only under certain circumstance by the Superintendent or designee. - The off-road operation of any motorized equipment or vehicle is not permitted throughout the park. All park trails and grounds are closed to off-road bicycling, equestrian use, and motorized recreation. Determination: Parking or driving off designated roadways or parking facilities can create opportunities for erosion and otherwise damage park resources. Soils throughout most of the park are highly erodible. The indicated uses could result in erosion that would damage natural or cultural resources. Closures
- Lake Barkley Maintenance Area
Determination: Only Park employees are permitted in this area. - Resource monitoring plots and survey sites Determination: Adversely effects the data that is being recorded. - All current and future designated American Bald Eagle nesting sites within Fort Donelson National Battlefield are closed to visitors within the physical barrier limits set by the Superintendent. Determination: Bald Eagles are protected under the Bald and Golden Eagle Protection Act 16 U.S.C. 668-668d and violations of closure, taking, or disturbance will be enforced under the maximum penalty under the definitions of the Act referenced in 50 CFR 22.6. A violation of the Act can result in a fine of $100,000 ($200,000 for organizations), imprisonment for one year, or both, for a first offense. Penalties increase substantially for additional offenses, and a second violation of this Act is a felony. - Gravel road, known as Old Eddyville Road, is closed to public vehicle access. Determination: Only Park employees are permitted in this area. -Gravel road, known as Bone Yard Road, is closed to public vehicle access. Determination: Only Park employees are permitted in this area. The Superintendent may close any portion of the park to public access during prescribed fires, periods of ice, snow, or any other potentially hazardous conditions or emergencies. Roadways may be closed with gates, barricades, or other traffic control devices. Driving around or past these devices are prohibited.
The following activities, but not limited to the following, are prohibited at Fort Donelson National Battlefield where use and activity may detract from the historic setting of the park: - The National Cemetery, as fully contained by the stone wall, is closed to pets unless accompanied by an individual requiring assistance as determined by applicable laws and policies. (ADA) - Launching or operating vessels upon or within the water areas of Fort Donelson National Battlefield is prohibited. Determination: All access to water areas occurs on lands within jurisdiction of the U.S. Army Corps of Engineers or Tennessee Valley Authority. - Swimming, tubing, bathing, diving, and wading within the waters of Fort Donelson National Battlefield is prohibited. Determination: All access to water areas occurs on lands within jurisdiction of the U.S. Army Corps of Engineers or Tennessee Valley Authority. - Segway use is only allowed where motorized wheelchair use is allowed, when operated by persons with disabilities (handicapped persons with substantial mobility impairments as defined in 43 CFR Part 17, Subpart E). Determination: The closures are necessary for public safety and to protect the park’s cultural, historical, and natural resources from damage, vandalism, and destruction during times when there are no personnel on duty. - Food and beverages are prohibited in the Visitor Center lobby, theatre, and museum. Determination: The Visitor Center contains historic artifacts and paintings and it has been determined that damage from spilled food and beverages pose an unacceptable risk to the resources and visitor satisfaction with the facility. - Pets are prohibited within federal buildings unless accompanying persons with disabilities (as defined in 43 CFR Part 17, Subpart E). Determination: Since the Dover Hotel may be used as temporary housing for volunteers, employees, or researchers and in order to protect employees who may have allergies or related medical conditions triggered by exposure to pets and to protect furnishings it has been determined necessary to close this area to pets. 36 CFR 1.5(a)(3) The Superintendent reserves the right to temporarily close or change hours for all areas of the park without notice.
36 CFR SECTION 1.6 - ACTIVITIES THAT REQUIRE A PERMIT36 CFR 1.6(f) - Activities that require a permit. The following activities are prohibited without a permit. Criteria for approving or denying permits are established by the applicable law (statutes and regulations) and policy. Permitted activities are subject to applicable terms and conditions. Information and applications to request a permit can be obtained at Fort Donelson National Battlefield and submitted to the Superintendent via email to fodo_superintendent@nps.gov (f) The following activities require permits: - Launching or landing uncrewed aircraft. 36 CFR 1.5 - Possession of historic or replica weapons. 36 CFR 2.4 - Specimen collection for research purposes. 36 CFR 2.5 - Operating a public address system. 26 CFR 2.12 - Operating a power saw. 36 CFR 2.12 - Delivery or retrieval of a person or object by parachute, helicopter, or other airborne means. 36 CFR 2.17 - Soliciting or demanding gifts, money, goods, or services. 36 CFR 2.37 - Using, possessing, storing, or transporting explosives or blasting agents; using or possessing fireworks or firecrackers. 36 CFR 2.38 - Conducting a special event. 26 CFR 2.50 - Conducting a public assembly or demonstration by groups more than 25 people. 36 CFR 2.52 - Selling or distributing printed matter and other message bearing items individually or by groups of more than 25 people. 36 CFR 2.52 - Running-at-large, herding, driving across, allowing on, pasturing or grazing of livestock, or using the park for agriculture. 36 CFR 2.60 - Residing on federal lands. 36 CFR 2.61 - Scattering of human ashes from cremation. 36 CFR 2.62 - Operating a vehicle exceeding load, weight, or size. 36 CFR 4.10 - Displaying, posting or distributing commercial notices or advertisements. 36 CFR 5.1 - Engaging in or soliciting any business. 36 CFR 5.3 - Commercial filming. 43 CFR 5.2 - Some still photography (if conditions are met). 43 CFR 5.2 - Using commercial vehicles on NPS-administered roads. 36 CFR 5.6 - Constructing or attempting to construct any building, structure, road, trail, path, or utility. 36 CFR 5.7 - Rights-of-way. 36 CFR part 14 - Examining ruins, excavated archaeological sites, and gathering of objects of antiquity. 43 CFR part 3 -Excavating or removing archaeological resources. 43 CFR part 7 - Collecting paleontological resources. 43 CFR part 49 - Burial in the national cemetery - Disinterment of remains from the National Cemetery - Memorialization 36 CFR PART 2 - RESOURCE PROTECTION, PUBLIC USE, AND RECREATIONSECTION 2.1 - PRESERVATION OF NATURAL, CULTURAL AND ARCHAEOLOGICAL RESOURCES(a) Except otherwise provided the following is prohibited:(4) Unauthorized collection of wood other than that provided for use in designated camping areas is prohibited. The park may provide firewood for use of those camping under a special use permit or an approved volunteer agreement. (5) The Dover Hotel (Surrender House) may be entered and traversed by the public only at such times when the structure is open to the public. No person shall smoke, eat, drink, or chew gum within the historic structure. No pets are allowed inside this building except service animals. The handling of any museum object and/or artifact is prohibited unless that object or artifact is signed for handling. The upstairs area including the second-floor balcony is closed to the public. (b) The superintendent may restrict hiking or pedestrian use to a designated trail or walkway system pursuant to 36 CFR 1.5 and 1.7. Leaving a trail or walkway to shortcut between portions of the same trail or walkway, or to shortcut to an adjacent trail or walkway in violation of designated restrictions is prohibited. On park roads, whether one-way or two-way, joggers and walkers will walk in a safe manner along the left side of the road, either in single file or two abreast. (c) (1) The following designated fruits, berries, and nuts may be gathered for personal use or consumption:
A. Native fruits and berries: all species (not listed as nationally or state threatened or endangered species) B. Mushrooms: all edible mushrooms (not listed as nationally or state threatened or endangered species) (2) The superintendent may:
(2)
(i) Itmes listed on (c)(1) may be gathered in quantities not greater than (1) one gallon per person per week.
SECTION 2.2 - WILDLIFE PROTECTION36 CFR 2.2(a)(1) The unauthorized taking of wildlife by any means within the park’s boundaries is prohibited.36 CFR 2.2(d) The transportation of legally taken wildlife that occurs outside of park land but may require the transport of that legally taken wildlife across park land by traveling on park roads commonly open and used for local across-park commuter travel is permitted. Determination: Federal and state law enforcement officers possess authority to stop, detain, and investigate any incident of wildlife transport on park roads that may be encountered to ensure the safety of park wildlife and confirm the animals being transported were legally taken off park lands. 36 CFR 2.2(e) All areas within park boundaries are closed to the use of artificial light for the purposes of viewing wildlife. Determination: After hours use of artificial light and nighttime activity create a number of impacts that would be inconsistent with the protection of park wildlife. The Superintendent may authorize the use of artificial light for scientific and resource purposes. SECTION 2.3 - FISHINGAlthough most shoreline areas of the Fort Donelson Unit fall under the authority of the U.S. Army Corps of Engineers, and of the Tennessee Valley Authority at the Fort Heiman Unit, fishing is permitted in the Cumberland and Tennessee Rivers, by boat and from the park shoreline, in accordance with the laws and regulations of the states of Tennessee and Kentucky. Anglers must possess appropriate fishing license or possess physical documentation of exemption from license requirements.SECTION 2.10 - CAMPING AND STORAGE2.10 (a):A. Overnight Camping is prohibited without a permit
Determination: Opportunities exist outside the park for camping. There are no designated campgrounds in the park. Infrastructure does not support campgrounds. Camping is permitted only under certain circumstance by the Superintendent or designee. SECTION 2.11 - PICNICKINGPicknicking is permitted in the following areas:Established Picnic Area near Cumberland River at Fort Donelson
The Pavilion Area next to the Fort Donelson Visitor Center. Determination: Opportunities exist outside the park for this activity. There are no designated picnic areas except those listed above. Providing this opportunity would be inconsistent with the preservation and protection of resource values in area other than those designated sites listed above. SECTION 2.12 - AUDIO DISTURBANCESAll devices or voice activation will be at the lowest audible level possible when in the National Cemetery.Determination: Limitations on audio disturbances within the park are necessary to ensure a positive visitor experience for all. SECTION 2.13 - FIRES(a)(1): Lighting and/or maintaining a fire is permitted only under the following conditions: At the designated organized education group campground in government metal fire rings or privately owned fire grills. At the Cumberland River picnic area in privately owned fire grills. Campfires for living history programs will be made on the surface of the ground.
Fires are prohibited except for the following activities and locations authorized by the Superintendent:
For cooking and heating at Living History events. For cooking and heating at designated education group camping area. For Prescribed Burns under an approved fire plan.
(b) Fires will be completely extinguished before leaving the site.
(c) During periods of high or extreme fire danger or strong winds all fires will be prohibited. This designation will be made by the Superintendent or his/her designee. Determination: Limitations on the use of fire are necessary to prevent adverse impacts to resources, as well as to prevent fire from escaping to adjoining lands and residential areas. SECTION 2.14 - SANITATION AND REFUSE(a) The following are prohibited:Collecting and removing aluminum cans or other refuse from refuse receptacles for commercial use.
Determination: Limitations on sanitation and refuse within the park are necessary to ensure a positive visitor experience for all. SECTION 2.14 - SANITATION AND REFUSE(a) The following are prohibited:Collecting and removing aluminum cans or other refuse from refuse receptacles for commercial use.
Determination: Limitations on sanitation and refuse within the park are necessary to ensure a positive visitor experience for all. SECTION 2.15 - PETS36 CFR 2.15(a) Allowing a pet to threaten visitors by barking, growling, lunging, or other noise or action is prohibited. Pets are not allowed inside park facilities or inside the National Cemetery. All pets must be on a leash no longer than 6 feet in length.36CFR 2.15(b) 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. 1. A service animal means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.
2. Any animal other than an individually trained dog or miniature horse is not considered a service animal and is subject to the park pet policies. Determination: Limitations on pets within the park are necessary to ensure a positive visitor experience for all, as well as to prevent possible resource damage or visitor injury that could be created by uncontrolled pets. SECTION 2.16 - HORSES
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Last updated: October 31, 2024