Introduction
1. Superintendent’s Compendium Described
The Superintendent’s Compendium is the summary of park specific rules implemented under 36 Code of Federal Regulations (36 CFR). It serves as public notice, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on public use and resource protection regulations pertaining specifically to the administration of the park. The Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States Code and CFR Titles, which are enforced without further elaboration at the park level.
The regulations contained in 36 CFR, Parts 1-7, are the basic mechanism used by the National Park Service (NPS) to preserve and protect the natural and cultural resources of the park and to protect visitors and property within the park. Parts 1 through 6 are general regulations applicable to all areas of the National Park system, and Part 7 contains special regulations specific to individual parks. Each of these Parts has many sections and subsections articulating specific provisions. Within some of these Part 1-7 sections and subsections, the Superintendent is granted discretionary authority to develop local rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or special needs of the general public.
As an example, 36 CFR 1.5(a)
Closures and Public Use Limits provides the Superintendent certain discretion in allowing or disallowing certain activities. The authority granted by the Section, however, requires the Superintendent to comply with the Administrative Procedures Act (6 USC Section 551), which requires public notice on actions with major impact on visitor use patterns, park resources or those that are highly controversial in nature.
Another example is 36 CFR 1.6
Permits, which allows the Superintendent to require a permit for certain uses and activities in the park. This Section, however, requires that a list of activities needing a permit (and a fee schedule for the various types of permits) be maintained by the park.
A final example is 36 CFR 2.1(c) (1)
Preservation of Natural, Cultural and Archeological Resources, which provides the Superintendent the authority to designate certain fruits, nuts, berries or unoccupied seashells which may be gathered by hand for personal use or consumption. This activity can occur, however, only if a written determination shows that the allowed activity does not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.
This Compendium should be used in conjunction with Title 36 CFR, Parts 1-7, to more fully understand the regulations governing the use and enjoyment of all the areas of the national Park System.
A copy of Title 36, CFR, can be purchased from the U.S. Government Printing Office at:
www.gpo.gov
OR
Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954
The CFR is also available on the Internet at:
www.ecfr.gov.
2. Laws and Policies Allowing the Superintendent to Develop This Compendium
The National Park Service (NPS) is granted broad statutory authority under Title 54 United States Code (U.S.C.) §100101(a) (formerly 16 U.S.C. 1a-1, “Organic Act”) to “….regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.” In addition, Title 54 U.S.C. §100751(a) allows the NPS, through the Secretary of the Interior, to “prescribe such regulations as the Secretary considers necessary or proper for the use and management of System units.”
In 1970, Congress amended the NPS Organic Act to clarify its intentions as to the overall mission of the NPS. Through the General Authorities Act of 1970, Congress brought all areas administered by the NPS into one National Park System and directed the NPS to manage all areas under its administration consistent with the Organic Act of 1916.
In 1978, Congress amended the General Authorities Act of 1970 and reasserted System-wide the high standard of protection defined in the original Organic Act by stating “Congress further reaffirms, declares, and directs that the promotion and regulation of the various areas of the National Park System, as defined by Section 1 of this Title, shall be consistent with and founded in the purpose established by Section 1 of this Title, to the common benefit of all people of the United States.”
In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in the
NPS Management Policies (2006). The Superintendent is also guided by more specific policies promulgated by the Director, National Park Service, in the form of Director’s Orders. As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitor and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the Superintendent has a reasonable basis to believe a resource is or would become impaired, than that Superintendent is obliged to place limitations on public use.
3. Consistency of This Compendium with Applicable Federal Law and Requirements
The Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866. In addition, this Compendium will not have a significant economic effect on a number of small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act.
The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and as such, an Environmental Assessment will not be prepared.
4. Development of the Requirements of the Superintendent’s Compendium
As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular National Park System area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are: Is there use or activity consistent with the NPS Organic Act and NPS policy?
- Is the use or activity consistent and compatible with the park’s enabling legislation, management objectives, and corresponding management plans?
- Will the use or activity damage the park’s protected natural and cultural resources and other protected values?
- Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions and values?
- Will the use or activity conflict with or be incompatible with traditional park uses and activities?
- Will the use or activity compromise employee or public safety?
5. Applicability of the Compendium
The rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present on Federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters.
6. Enforcement of Compendium Requirements
NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.
7. Penalties for Not Adhering to the Compendium Requirements
A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Chief Ranger at the park address found below.
8. Comments on the Compendium
The Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time.
Written comments on the Compendium may be submitted to:
Superintendent
Fort Scott National Historic Site
PO Box 918
Fort Scott, KS 66701
9. Effective Date of the Superintendent Compendium
The Superintendent’s Compendium is effective on the approval date listed on the first page of this document, and remains in effect until revised for a period up to one year.
10. Additional Information
Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.
11. Availability
Copies of the Compendium are available at Fort Scott National Historic Site, Old Fort Boulevard, Fort Scott, KS 66701. It may also be found at
www.nps.gov/fosc/learn/management.
Superintendent's Compendium
In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7, authorized by Title 54 U.S.C. §100751, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Fort Scott National Historic Site. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.
Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 1.5(c), appear in this document identified by italicized print.
I. 36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES
(a)(1) The following visiting hours and public use limits are established for all or for the listed portions of the park, and the following closures are established for all or a portion of the park to all public use or to a certain use or activity:
Visiting Hours:
- The park visitor center and historic structures are open daily for public visitation from 8:30 am–4:30 pm. The buildings are closed on Thanksgiving, Christmas, and New Year’s Day.
- The park grounds, walkways and parking lot are open from ½ hour before sunrise until ½ hour after sunset. The Superintendent may make exceptions in the case of special events or permitted special park uses.
Public Use Limits:
- Open containers of food or drink, eating, drinking, gum and tobacco chewing are prohibited in rooms exhibiting or storing museum objects. An exception is allowed for rooms designated as living history zones where cooking and eating may take place as part of the park interpretive program.
- Gyroscopic stabilized mobility devices, commonly referred to as Segways, shall be considered as a motorized wheelchair when operated by person with disabilities and may be operated by disabled persons throughout Fort Scott National Historic Site. All other use of gyroscopic stabilized mobility devices is prohibited.
Closures:
- Rooms displaying or containing museum objects and other barricaded areas are closed to the visiting public. Visitors escorted by park employees are exempt.
Determination: This closure is necessary for the protection of the park’s cultural resources and museum collection. Less restrictive measures would allow potential damage to or theft of irreplaceable cultural resources.
Determination: Fort Scott National Historic Site was established to commemorate Fort Scott’s role in the opening of the West, the Civil War, and the strife in the state of Kansas that preceded it. The compact nature of the site does not provide an appropriate location for camping that would not impact the cultural landscape and the study and reflection of the historic events associated with the site. Less restrictive measures would allow potential damage to irreplaceable cultural resources and impact the desired visitor experience.
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The park is closed to recreational and sporting activities that potentially detract from the historic setting of the park, result in conflict among visitor use activities, or threaten the cultural resources. Prohibited activities include but are not limited to the following, bicycling, skating, (including in-line skating), skateboarding, ball playing, kite flying, model airplane flying, throwing objects (Frisbees, balls, etc..), sledding, and sunbathing. Prohibited activities do not include walking, hiking, strolling, or jogging. Exceptions may be allowed for recreational activities that are historic in nature and are planned as part of the park interpretive program.
Determination: Fort Scott National Historic Site was established to commemorate Fort Scott’s role in the opening of the West, the Civil War, and the strife in the state of Kansas that preceded it. The compact nature of the site does not provide an appropriate location for recreational and sporting activities that would not impact the cultural landscape and the study and reflection of the historic events associated with the site. Less restrictive measures would allow potential damage to irreplaceable cultural resources and impact the desired visitor experience.
- The park bone yard, mechanical rooms, administrative offices, maintenance shop and areas designated for storage are closed to visitor use. Persons escorted by park employees are exempt.
Determination: These closures are necessary for the maintenance of public safety, security of governmental functions, and protection of government property. Less restrictive measures would expose the public to potential safety hazards and allow potential damage to and theft of government property and information.
- Climbing on trees, historic structures (including but not limited to fences, walls and railings), wagons, artillery pieces, and interpretive props is prohibited.
Determination: These restrictions are necessary for the maintenance of public safety and protection of natural and cultural resources. Less restrictive measures would allow potential damage to irreplaceable natural and cultural resources or expose the public to potential safety hazards.
- The site’s service road is closed to the public.
Determination: The service road is a dead end road and is closed for public safety, security of government property, and protection of the park resources. Less restrictive measures would expose the public to safety hazards and allow potential damage to and theft of government property.
- Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Fort Scott National Historic Site is prohibited except as approved in writing by the superintendent.
Definition: The term “unmanned aircraft” means 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, drones) that are used for any purpose, including for recreation or commerce.
Determination: The Superintendent has determined that unmanaged or unrestricted recreational use of UAs within Fort Scott National Historic Site will conflict with, or impact, a variety of park uses including visitor experience. This prohibition is necessary to protect the historic structures and natural resources at the site and to maintain the safety of park visitors as well as prevent conflicts with scheduled park activities and public enjoyment of the site. Less restrictive measures would expose the public to potential safety hazards, possible damage to historic structures, and diminish visitor enjoyment.
(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:
Picnic Area:
- Picnicking is specifically allowed in the park’s designated picnic area. This is located in the southeast area of the park, adjacent to the Bus and RV parking lot. Picnic tables are available for use.
Horse Use Areas:
- Horse and pack animals are allowed on the grounds, and in the stables, as part of park sponsored interpretive activities.
First Amendment Areas:
- Certain areas within the park have been designated for the exercising of First Amendment rights. They are as outlined on the linked map: the north half of the Bus parking lot from the north edge of the brick path through the prairie, to the north curb of the parking lot. Additionally, the grassy area from the south side of HS-7 (Museum/Infantry Barracks) and HS-10 (Stables) south to the curb along Old Fort Boulevard, west to the boundary and east onto the bricks ending on a line from southeast corner of HS-7 (Museum/Infantry Barracks) to the curb. Also the grassy area south of HS-9 (Guardhouse) from the bricks on the west to the park boundary on the east and south. A Special Use Permit must be obtained in advance of the activity for groups over 25 people.
Determination: Fort Scott National Historic Site was established to commemorate Fort Scott’s role in the opening of the West, the Civil War, and the strife in the state of Kansas that preceded it. First amendment activities within the parade ground core have the potential to interfere with visitors’ ability to study and reflect upon the historic events associated with the site. Less restrictive measures would negatively impact visitor understanding and appreciation of the site and detract from the commemorative nature of the site as well as impede pedestrian circulation into the park.
The following restrictions and/or conditions are in effect for the specific uses or activities noted:
Unmanned Aircraft:
- Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Fort Scott National Historic Site is prohibited except as approved in writing by the Superintendent.
Definition: Unmanned Aircraft (UA) - The term "unmanned aircraft" means 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.
Determination: The Superintendent has determined that unmanaged or unrestricted recreational use of UAs within Fort Scott National Historic Site will conflict with, or impact, a variety of park uses including visitor experience. This prohibition is necessary to protect the historic structures and natural resources at the site and to maintain the safety of park visitors as well as prevent conflicts with scheduled park activities and public enjoyment of the site. Less restrictive measures would expose the public to potential safety hazards, possible damage to historic structures, and diminish visitor enjoyment.
II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT
The following is a compilation of those activities for which a permit from the superintendent is required:
§1.5(d) The following activities related to Public Use Limits:
§2.4(d) Carry or possess a weapon, trap, or net (excluding legal firearms)
§2.5(a) Specimen collection (Take plant, fish, wildlife, rocks or minerals)
§2.12 Audio Disturbances:
- (a)(2) Operating a chain saw in developed areas
- (a)(4) Operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51
§2.17 Aircraft & Air Delivery:
-
(a)(3) Delivery or retrieval of a person or object by parachute, helicopter or other airborne means
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(c)(1) Removal of a downed aircraft
§2.37 Soliciting or demanding gifts, money goods or services (Pursuant to the terms and conditions of a permit issued under §2.50, §2.51 or §2.52)
§2.38 Explosives:
- (a) Use, possess, store, transport explosives, blasting agents
§2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events
§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views. See First Amendment Activities section
§2.52(c) Sale or distribution of printer matter that is not solely commercial advertising. See First Amendment Activities section.
§2.60(b) Livestock use
- Horse and pack animals are allowed on the grounds, and in the stables, as part of park sponsored interpretive activities.
§2.62 Memorialization:
- (a) Erection of monuments (Requires approval from Regional Director)
- (b) Scattering ashes from human cremation
§5.3 Engaging in or soliciting any business (Requires a permit, contract or other written agreement with the United States, or must be pursuant to special regulations).
§5.5 Commercial filming, still photography, and audio recording:
(a) Commercial filming and still photography activities are subject to the provisions of 43 CFR Part 5.
a. "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.
b. Non-commercial filming may require a permit if a permit is necessary to manage the activity to protect park resources and values while minimizing conflict between user groups or to ensure public safety. Examples of non-commercial filming include, but are not limited to, filming for tourism bureaus, convention and visitor bureaus, and student filming. In most cases, a permit is not necessary for visitors engaging in casual, non-commercial filming.
c. Still photography activities are subject to the provisions of 43 CFR Part 5. Still photography does not require a permit unless:
- It uses a model, set, or prop
- It takes place where members of the public are not allowed
- The park would incur costs to provide onsite management to protect resources or minimize visitor use conflicts
(b) Audio recording does not require a permit unless:
- It takes place at locations where or when members of the public are generally not allowed
- The equipment requires mechanical transport
- It requires an external power source
- The activity requires monitoring
- The activity impacts resources
III. General Regulations
36 CFR §2.1 - PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
(a)(5) The following conditions are in effect for walking, climbing, entering, ascending or traversing the listed archeological or cultural resource, monuments or statues:
- Individuals may enter and traverse all historic buildings and all archeological features/cultural resources with the exceptions of the latrine (HS-22) and any exposed or uncovered archeological feature. Climbing on any historic structure or archeological feature including walls is prohibited unless it is done in the conduct of official government business such as with research studies or maintenance and preservation work.
(c)(1), (c)(2) The following fruits, nuts, berries or unoccupied seashells may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, collection sites and/or use or consumption restrictions:
- Edible mushrooms, fruits, nuts, and berries may be gathered by hand for personal use and consumption. The allowable limit is one quart per person, per day for berries, fruits, and mushrooms and one bushel per person, per day for nuts. The commercial use of gathered items is prohibited. The use of bush rakes or other harvesting devices is not allowed. Disturbing or damaging the park’s natural or cultural resources to obtain these edibles is prohibited (including climbing trees, pulling vines, and breaking branches).
Determination: Historically visitors have enjoyed collecting fruits, berries, and nuts for personal consumption within Fort Scott NHS. These native natural resources are renewable. The collecting of plant fruits is not of a nature, magnitude and duration that will result in a significant alteration in the public use pattern because they are a sustainable and renewable natural resource. As such this does not affect the park’s natural aesthetic or cultural values or require significant modification to the resource management objectives.
36 CFR §2.4 – WEAPONS, TRAPS, AND NETS
(a)(2)(i) Weapons (excluding legal firearms), traps, or nets may only be carried, possessed or used at the following designated times and locations:
- Current Volunteers-in-Parks are permitted to carry, transport, and use appropriate historic firearms or traps in accordance with their volunteer agreement. Additionally, a person may possess, carry, and transport concealed, loaded, and operable firearms within Fort Scott National Historic Site in accordance with the laws of the state of Kansas, except as otherwise prohibited by applicable Federal law. This authority does not extend to Federal facilities within the park (18 U.S.C. 930(a)). Federal facilities include: the Visitor Center (HS-8), the Maintenance Shop (HS-10), the Administration Office (HS-1), and the Ranger Offices
36 CFR §2.11 – PICNICKING
Conditions for Picnicking:
- Picnicking is specifically allowed in the park’s designated picnic area. This is located in the southeast area of the park, adjacent to the Bus and RV parking lot. Picnic tables are available for use.
- No cooking devices including portable stoves or grills are allowed
- No portable furniture or tables are permitted unless they are used as part of an authorized interpretive program or under a Special Use Permit. Picnic tables and benches for seating are provided in designated locations within the park
- Picnicking is not allowed within historic structures with the exception of the Grand Hall when arrangements are made in advance
36 CFR 2.13 – FIRES
(a)(1) The lighting or maintaining of fires is generally prohibited, except as provided for in the following designated areas and/or receptacles, and under the conditions noted:
Designated Areas:
- Fires are prohibited unless authorized as part of an approved interpretive activity and are restricted to designated fire receptacles.
Receptacles Allowed:
- Functioning and approved fireplaces, woodstoves, and bake house oven
- Designated outdoor fire pits
36 CFR §2.15 – PETS
(a)(1) The following structures and/or areas are closed to the possession of pets:
- Properly restrained pets are permitted in all areas of Fort Scott National Historic Site with the exception of public buildings. This restriction does not apply to service animals accompanying sensory impaired persons
(a)(5) Pet excrement must be disposed of in accordance with the following conditions:
- Pet excrement must be removed from the park grounds by the person responsible for the pet
36 CFR §2.16 – HORSES and PACK ANIMALS
(a) The following animals are designated as pack animals for purposes of transporting equipment:
- Horses, mules, oxen, burros
(b) The use of horses or pack animals is allowed on the following trails, routes or areas:
- Horses and pack animals are allowed on the grounds and in the stables as part of a supervised interpretive activity.
36 CFR §2.21 – SMOKING
(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:
- Smoking (including Electronic Nicotine Delivery Systems per Policy Memorandum 15-03) is prohibited in all buildings, on the second story porches of the buildings, and within 25 feet of all entrance doors. Additionally, smoking is prohibited within 15 feet of the tallgrass prairie, within 25 feet of the park above ground fuel tanks or portable fuel tanks, within any Government vehicle or within 25 feet of any Government vehicle while fueling, and anywhere in the park during posted fire bans.
Determination: Smoking is prohibited in these areas to protect park resources and reduce the risk of fire.
36 CFR §2.23 – RECREATION FEES
(b) Recreation fees, and/or a permit, in accordance with 36 CFR part 71, are established for the following entrance fee areas, and/or for the use of the following specialized sites, facilities, equipment or services, or for participation in the following group activity, recreation events or specialized recreation uses:
Entrance Fee Areas:
- No entrance fee is currently charged
Special Use Permit Fee (Such as but not limited to, group activities, recreation events, or other special uses):
- Permit fees are not currently charged unless the permitted activity would require extensive NPS staff oversight and involvement.
36 CFR §2.38 – EXPLOSIVES
(a) Use of black powder
- The use of black powder for appropriate historical firing demonstrations is permitted by the Superintendent when such activities are under the supervision of a National Park Service certified Black Powder Safety Officer.
36 CFR §2.62 – MEMORIALIZATION
(b) A permit is required for the scattering of ashes from cremated human remains. The remains to be scattered must have been cremated and pulverized.
- The scattering of remains by persons on the ground is to be performed at least 100 yards from any trail, road, developed facility, or body of water.
36 CFR §4.30 – BICYCLES and E-BIKES
(a) Park Roads
- An e-bike is a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.) that provides propulsion assistance.
- E-bikes are allowed in Fort Scott National Historic Site where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited.
- Bicycle use is allowed in the RV/Bus parking lot and the road leading to the lot. “Use of a bicycle” means riding. Bicycles may be walked through the Park grounds but must be dismounted and attended by the owner.
