Superintendent's Compendium

 

A. 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:
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 54 United States Code (U.S.C.) Section 100101, and Section 100301 et.seq. (Organic Act of 1916, as amended) to “…regulate the use of the Federal areas known as national parks, monuments, and reservations…by such means and measures as conform to the fundamental purposes of the said parks…which purpose is to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment for future generations” (54 USC §100101(a)). In addition, the NPS Organic Act allows the NPS, through the Secretary of the Interior, to “make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National Park Service” (54 U.S.C. §10751).

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 (54 U.S.C. §100101(b)), 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 §100101(b) of this Title, shall be consistent with and founded in the purpose established by §100101(b) of this Title, to the common benefit of all people of the United States.”

54 U.S.C. §100102 defines the National Park System as”…any areas of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes.”

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 the 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 and United States Park Police 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.

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

A PDF is available here. Copies of the Compendium are also available at Building 210, New York Avenue, Staten Island NY 10305.

2024 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 United States Code, Section 100101, 100751, 100752, 100753, 102102, and 103104 (e.g. previously 16 USC Section 3) the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Gateway National Recreation Area (GNRA). 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.

 

Section 1.5 Visiting Hours, Public Use Limits, Closures and Area Designations for Specific Use or Activities


36 CFR § 1.5 - Closures and Public use Limits

Parkwide
The superintendent may temporarily close all or portions of the park during or as a result of emergency situations or hazardous conditions, which includes inclement weather. Closures will be identified by posted signs, maps, media notifications and by barriers and/or gates as appropriate. All permanent closures will be in accordance with the rulemaking procedures in the Federal Register.

Justification: Park roads and facilities may be closed during periods of inclement weather or other hazardous conditions in order to provide for visitor safety. Areas of new construction, reconstruction or rehabilitation may be closed to visitors for safety reasons and to avoid conflicts with authorized work.

Jacob Riis Park Bay 1, Bay 3 west, Bay 4, and Bay 5 east beaches are closed to access and swimming. Justification: Significant erosion has created extremely unsafe conditions, exposing deteriorating wooden groins, rockwork, and other structures. During high tide the erosion has also caused a significant reduction in beach area.

Standard Regulations

36 CFR § 1.5 - Closures and Public use Limits
In accordance with § 1.5(a)(1), the following closures have been established for the park:(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

In accordance with § 1.5(a)(1), the following visiting hours have been established for the Park:

 

Public Use Limits - Illumination:

The following public use limits for Illumination have been established for the Park: Illumination of or projections on NPS structures by third parties at Gateway is prohibited, except for limited circumstances under a special event permit issued at the discretion of the Superintendent where there is a meaningful association between the structure and the proposed event, and the event supports the NPS mission and interpretive themes and does not result in impairment of park resources or the visitor experience. The NPS does not consider the fabric of building and monuments themselves available for private speech but reserves the structures and monuments themselves for communicating messages related to the Park’s value, and interpretive themes.

Justification: Current projection technology allows lights and images to be projected from open areas of System units onto resources in open or closed areas. These projections across and onto open and closed areas may impact resources, the visitor experience and NPS operations. Although lighting and projecting images are not intended to permanently change the appearance of a physical resource, such as a facility or monument, authorizing the lighting or projection of images related to causes, issues, people, organizations, or viewpoints often results in unintended consequences. In order to promote public trust in the NPS’s ability to manage activities that occur within System units for the protection of resources, the NPS will not be responsible for deciding which causes, issues, people, organizations or viewpoints are worthy of recognition through lighting or projecting images onto such resources, including facilities and monuments.

 

Public use limits-Capacity:

In accordance with § 1.5(a)(1), the following public use limits (parkwide capacity) have been established for the Park:

Parkwide Capacity limits for all public structures are set by code and posted, where applicable.

Justification: Limiting the number of people in buildings is required by life safety codes.

 

Closures and Restrictions

In accordance with § 1.5(a)(1), the following closures have been established for the Park:

  • Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Gateway National Recreation Area is prohibited except as approved in writing by the regional aviation manager, ADVRP or in limited instances, the park 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.

NYC Administrative Code § 10-126 Aviation in and over the city-
Take offs and landings. It shall be unlawful for any person to pilot, steer, direct, fly or manage an aircraft in or through the air, whether controlled from the ground or otherwise, an aircraft to take off or land, except in an emergency, at any place within the limits of the city other than places of landing designated by the department of transportation or the port of New York authority.

 

 

1.5 (a)(2) Areas designated for specific uses and/or activities



 

1.5 (a)(2) Areas designated for specific uses and/or activities

Note: Area designations and activity conditions or restrictions will be addressed under the section of 36 CFR that codifies that particular activity. For example, 36 CFR § 2.11 applies to picnicking and under that authority the superintendent may restrict picnicking and establish conditions for picnicking in areas where picnicking is allowed. Those area designations and activity conditions or restrictions not codified in a particular section of 36 CFR will be addressed in this section.

 

Activities that Require a Permit

In accordance with 36 CFR §1.6(f), the following is a compilation of those activities for which a permit from the superintendent is required:

 

 

Part 2 Resource Protection, Public Use, and Recreation

 

Part 3 - Boating and Water Use Activities

 

 

Part 4 Vehicles and Traffic Safety

 

Last updated: November 21, 2024

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