National Park Service
U.S. Department of the Interior
Superintendent’s Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.
Fort Smith National Historic Site
301 Parker Ave
Fort Smith, AR 72901 479.783.3961 phone 479.783.5307 fax
Approved: 3/13/2024 Lisa Conard Frost, Superintendent
INTRODUCTION
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.
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.
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.
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?
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.
Enforcement of Compendium Requirements
NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.
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.
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 Smith National Historic Site
301 Parker Avenue
Fort Smith, AR 72901
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.
Additional Information
Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.
Availability
Copies of the Compendium are available at 301 Parker Avenue, Fort Smith, AR 72901.
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 Smith 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
Park Grounds are closed daily, 30 minutes after official sunset to 30 minutes before official sunrise, Central Standard Time, unless under an approved Special Use Permit.
The Visitor Center, Commissary and Gallows are open daily from 9:00 a.m. – 5:00 p.m.
The Visitor Center will close in observation of the following federal holidays: Thanksgiving, Christmas, and New Years’ Day.
The visitor center will remain closed to allow employees to observe these holidays.
Public Use Limits
Commercial Filming
All commercial filming activities taking place within a unit of the National Park System require a permit.
"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.
Non-Commercial Filming
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.
Still Photography
Still photographers, including commercial or professional photography require a permit only when:
The activity uses models, sets, or props that are not a part of the location’s natural or cultural resources or administrative facilities.
The activity takes place at location(s) when and/or where members of the public are generally not allowed (in a closed area).
The park would incur additional administrative costs to monitor the activity.
Audio Recordings
Audio recording does not require a permit unless: (1) It takes place at location(s) where or when members of the public are generally not allowed; (2) It uses equipment that requires mechanical transport; (3) It uses equipment that requires an external power source other than a battery pack; or (4) The agency would incur additional administrative costs to provide management and oversight of the permitted activity to: (i) Avoid unacceptable impacts and impairment to resources or values; or (ii) Minimize health or safety risks to the visiting public.
Closures
Due to the COVID-19 Pandemic and related public health risks, the park's historic Frisco Station and the area surrounding the Frisco Station will be closed until further notice.
The entire park, including parking lots, grounds, and historic structures, is closed to camping, including day camping, unless authorized by the Superintendent for educational or living history events.
The park allows camping to participants involved with living history demonstrations as well as special events which do not interfere with protection of the park
(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted
Prohibited Food and Drinks
Food and Drinks (except water) are prohibited in the theatre, museum, exhibit areas, and merchandise area of the Visitor Center.
Food and Drinks (except water) are prohibited in all areas of the Commissary
Food and Drinks (except water) are prohibited in all areas of the Gallows.
This restriction is in place to prevent the possibility of damage to historic objects, museum exhibits and merchandise.
Overnight parking of vehicles during closed hours is prohibited.
This restriction is in place for securing of premises and to ensure public safety.
The following restrictions and/or conditions are in effect for the specific uses or activities noted:
Idling of Vehicles Prohibited
Commercial vehicles must not idle their engines in the parked position longer than 15 minutes.
The idling of vehicle engines adds unnecessary exhaust fumes to the air and diminishes visitor enjoyment of the peace and tranquility of the park.
Prohibited Recreational and Sporting Activities
Recreational and sporting activities prohibited include, but are not limited to the following: bicycling, racing, roller-skating, skating, skateboarding, motorized scooters, pocket motorcycles, rock climbing, kite flying, model airplane flying, model rocket launching, Frisbee, Frisbee golf, football, baseball, and soccer. Climbing on the Gallows and Fort Gates is prohibited.
Due to the significant historical events which took place at the Fort, it has been determined that recreational activities are inconsistent with the purpose for which it was established and managed. The restrictions are in place to allow visitors to reflect on the historical scene and natural beauty of the park without the intrusion of recreational activities.
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 Smith 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.
The Superintendent has determined that unmanaged or unrestricted recreational use of UAs within Fort Smith National Historic Site will conflict with, or impact, a variety of park uses including visitor experience Site has the potential to harm visitors, disturb wildlife, impact viewsheds, cause excessive noise, and interfere with other visitors' enjoyment of the area. This closure is being implemented as an interim measure while this new use can be properly evaluated. A less restrictive approach is not appropriate at this time due to the impacts the devices could potentially present to visitor safety, park values, and to park resources. The interim closure will safeguard these values while the NPS considers how to address this new use on a long-term basis.
II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT
(f) The following is a compilation of those activities for which a permit from the superintendent is required:
§2.4(d) Carrying or possessing a weapon, trap, or net (excluding legal firearms)
§2.5(a) Specimen collection (Taking plants, fish, wildlife, rocks or minerals)
§2.10(a) Camping activities, including day camping, unless authorized by the Superintendent for educational or living history events.
§2.12 Audio Disturbances:
(a)(2) Operating a chain saw in developed areas
(a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-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
§2.23(b) The following special recreation activities (per 36 CFR Part 71):
§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
(b) Use or possess fireworks
§2.50(a) Conducting 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
First Amendment Activity location is the parking lot of the Frisco Train Station (see map below)
The designated area for small groups of 25 persons or less, which does not require a permit, is the concrete pad of the former Officers' Quarters (see map below)
§2.52(c) Sale or distribution of printed matter that is not solely commercial advertising
§2.60(b) Livestock use
§2.62 Memorialization:
(a) Erection of monuments (Requires approval from Regional Director)
(b) Scattering ashes from human cremation
§5.1 Advertisements - (Display, posting or distribution.)
§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 Photography/Filming:
Determination: Filming activities that involve more than five people and hand carried equipment need to be evaluated to determine if the proposed activity may cause issues with public safety, environment or scenic values, damage to natural or cultural resources, conflict with other visitors and equitable use and access to park areas.
(a) Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising.
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 to this action may also result in the suspension and revocation of the permit by the Superintendent.
To maintain public health and safety, protect scenic values, and historic and cultural resources, filming is not permitted at locations where or at times when members of the public are generally not allowed.
§5.7 Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc.
§6.9(a) Operation of a solid waste disposal site
Permits will be specific in nature to the activity being permitted. In those cases where permit use is frequent a specific permit form has been designed, i.e. photography/filming permit. In most other cases, a special use permit or letter of authorization will be prepared laying out the specific conditions under which the permitted activity is authorized. In all cases, a permit or letter of authorization must be presented to entrance station, in the permittee's possession at all times, and exhibited to any authorized person upon request.
36 CFR §2.1 - PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
(a)(4) Dead wood on the ground may be collected for use as fuel for campfires within the park for living history demonstrations only.
Collecting only dead and down wood is specified so that living materials are not unnecessarily destroyed.
(b) Hiking or pedestrian traffic is restricted to the trail or walkway as listed in Section 1.5 of this document.
(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:
Blackberries
Wild Grapes (Vitis spp.)
Paw Paws (Asimina triloba)
Gooseberries/Currants (Ribes spp.)
Black raspberries (Rubus occidentalis)
Poke Weed (Phytolacca americana)
Persimmon (Diospyros virginiana)
Mushrooms (only edible species)
Acorns (Quercus)
American hazelnut (Corylus americana)
Black walnut (Juglans nigra)
Buckeyes (Aesculus)
Hickories (Carya sp.)
Pecans (Carya illinoinensis)
Apples
Pears
Red Mulberries (Morus rubra L.)
(c)(2)(i) The amount of fruits, berries, nuts and fruiting bodies of mushrooms, which are authorized for collection, shall not exceed 1 pound per person per day for each species, except for apples and pears. The amount of apples and pears, shall not exceed 3 pounds or 10 per person per day for each species. The unrestricted collection of native fruits, berries, nuts and fruiting bodies could adversely impact plant propagation and/or wildlife food sources.
(c)(2)(i) Persons gathering edible fruits and nuts are prohibited from climbing trees, using stools or ladders. The use of these methods is restricted to protect the vegetation from undue damage (i.e., broken branches, etc.), and allow sufficient supplies of food for wildlife species.
36 CFR §2.2 - WILDLIFE PROTECTION
The following are prohibited:
(a)(1) Hunting or taking of wildlife.
(a)(2) Feeding, touching, teasing, frightening or intentional disturbing of wildlife nesting, breeding or other activities.
(a)(3) The use of artificial light to view or hunt wildlife is prohibited.
The viewing of wildlife at night with the use of artificial lights temporarily blinds the animals, causing them to become unnaturally easy prey for predators.
36 CFR §2.5 - RESEARCH SPECIMENS
The Superintendent may issue permits for the collection of plants, fish, wildlife, rocks and minerals for research purposes according to general and park-specific conditions established by the National Park Service for scientific research and collecting permits. These conditions are found online at http://science.nature.nps.gov/research and are subject to revision. The guidelines found at that web site are hereby adopted and made a part of these orders.
Primitive camping is permitted only in correlation of a special use permit or living history demonstration approved by the superintendent.
The park allows camping to participants involved with living history demonstrations as well as special events which do not interfere with protection of the park.
Camping in any historic structure or building is permitted only in correlation of a special use permit or living history demonstration approved by the superintendent.
Historic structures are fragile and need protection from any activity that could adversely impact the structure or degrade the historic scene.
36 CFR §2.11 – PICNICKING
Picnicking shall be allowed in all areas except:
Within 100 feet of:
Structures or areas considered to be cultural or archeological resources
Research sites
When the activity would interfere with normal agency functions or visitor use activities already in progress.
Picnicking shall be conducted in accordance with all applicable regulations in regard to open fires, food storage and sanitation.
Picnicking shall be conducted in accordance with all applicable regulations in regard to the Preservation of Natural, Cultural and Archaeological Resources in such that:
No staking of sunshades or canopies in the ground or any other form of ground disturbance is allowed.
Picnicking is restricted from those areas that would adversely impact the historic scene or interfere with the operations of the park. Large groups present potential problems with litter, parking and resource damage and for that reason group events will be reviewed on a case by- case basis.
The “holding” or “reserving” of additional picnicking sites and or tables, within designated picnic areas, for other individuals, is prohibited. The use of picnic sites and tables within designated picnic areas of the park are based on a first-come, first-served basis. Individuals may not “hold” sites or tables for individuals or groups who are not on-site, when other picnickers have a desire to use the site or table.
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:
Campfires are only permitted in connection with special use permit or living history demonstration.
(c) During periods of high fire danger, the superintendent may close all or portions of a park area to the lighting or maintaining of a fire. The use of open fires in the park is regulated to protect human life, structures and natural resources. During extreme weather conditions, open-pit fires may be restricted to preclude the accidental ignition of wildfires
(a)(2) The use of government refuse receptacles or facilities for dumping household, commercial or industrial refuse, brought as such from private or municipal property is prohibited. Sanitation and refuge is regulated to protect cultural, natural and park resources and park visitors
36 CFR §2.15 – PETS
(a)(1) The following structures and/or areas are closed to the possession of pets:
All public buildings
“Pet” means dogs, cats, or any animal that has been domesticated. [36 CFR §1.4] Pets must be on a leash not to exceed 6 feet in length Pets are prohibited in such areas to prevent conflict between site users as well as preventing the possibility of damage to historic objects, museum exhibits and merchandise.
(a)(3) Pets may be left unattended and tied to an object in the following areas, under the conditions noted:
Leaving a pet unattended and tied to an object is prohibited
(a)(5) Pet excrement must be disposed of in accordance with the following conditions:
Pet excrement must be immediately collected by the pet handler and disposed of in all areas of heavy public use including but not limited to: Parking lots, exhibit areas, trails, picnic areas, and mowed areas around public use structures.
36 CFR §2.16 – HORSES and PACK ANIMALS
Horses, mules, burros, and llamas are designated as pack animals, and are prohibited in all park areas, unless authorized by the Superintendent for educational or living history events.
The restriction of horses and pack animals is in place to prevent cultural and natural resource damage and to decrease the spread of invasive species.
Coggins test
Pursuant to Arkansas state law, all equine must have a Coggins test completed annually. Any equine brought to be ridden on any park trail shall be accompanied by either the original or a copy of an official negative test for equine infectious anemia (EIA) (aka “Coggins test”) administered within the previous 12 months. Proof of such test must be provided upon request. Arkansas state law requires this test. They also impose liability for noncompliance.
36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICES
The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are prohibited in the park boundaries.
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 is prohibited in all buildings and within 25 feet of the entrance to all public buildings Item
Smoking is prohibited to prevent second hand smoke within nonsmoker user groups
[§2.21(a)] Electronic cigarettes or other Electronic Nicotine Delivery Systems are included in the above restrictions.
36 CFR §2.38 – EXPLOSIVES
(b) Fireworks and firecrackers may be possessed and/or used in the following areas, under the conditions noted:
Using or possessing fireworks, sparklers, firecrackers, or alike, or other explosives or incendiaries is prohibited, unless by permit from the Superintendent or designee item.
(a)The term “demonstrations” includes 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 attract a crowd or onlookers. This term does not include casual park use by visitors or tourists that is not reasonably likely to attract a crowd or onlookers.
The Office of the Superintendent should be contacted for appropriate information and/or permitting requirements if demonstrations are to be conducted on park property.
The area/location where these types of activities can occur are described on a map available at the Office of the Superintendent and is accordingly identified as:
The Frisco Station parking area (see map below)
36 CFR §2.51 – SALE OR DISTRIBUTION OF PRINTED MATTER
(a): The sale or distribution of printed matter, that is not solely commercial advertising, is allowed by a permit issued by the Superintendent or his/her designated representative. The permit must be in the possession of anyone selling or distributing printed matter within the site.
The area/location where these types of activities can occur are described on a map available at the Office of the Superintendent and is accordingly identified as:
The Frisco Station parking area (see map below)
36 CFR §2.62 – MEMORIALIZATION
(b) A permit is required for the scattering of ashes from cremated human remains, or in the following designated areas without a permit, in accordance with the following terms and conditions:
The scattering of human ashes from cremation, without a permit, is allowed under the following terms and conditions:
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.
The scattering of remains from the air is to be performed at a minimum altitude of 2000 feet above the ground.
No scattering of remains from the air is to be performed over developed areas, facilities, or bodies of water.
36 CFR §4.30 – BICYCLES
The following additional routes, in developed areas or special use zones, have been designated for bicycle use:
Parking areas
E-bikes are allowed in Fort Smith National Historic Site where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited. Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited.
The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.).
A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(2)-(5).
Except as specified in this Compendium, the use of an e-bike within Fort Smith National Historic Sites is governed by State law, which is adopted and made a part of this Compendium. Any violation of State law adopted by this paragraph is prohibited.
In accordance with National Park Service (NPS) Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Fort Smith National Historic Site uses Closed Circuit Television (CCTV) security camera monitoring.
The NPS’s use of CCTV for law enforcement and security purposes and will only be to visually monitor public park areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use – which will have adequate privacy and First Amendment safeguards – will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist activity; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals.
This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities, revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters, etc.). This policy does not restrict the use of an Audio/Visual Recording Device (AVRD) in patrol vehicles or officer-worn recording devices used by commissioned rangers.
Operation of CCTV cameras will be in accordance with NPS and Department policy. No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views.
Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.
First Amendment Activity Locations
On the map below, locations marked with red stars are the designated First Amendment activity locations.
The Frisco Station parking lot (top right) is designated for groups of more than 25 persons which are required to obtain a permit. Find more information about permits.
The Former Officers' Quarters (center) is designated for groups of 25 people or less which are, in most cases, not required to obtain a permit.
Locations marked with red stars are the designated First Amendment activity locations.
