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 Grand Portage National Monument. 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 2.1I (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 understand the regulations governing the use and enjoyment more fully 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
2. Laws and Policies Allowing the Superintendent to Develop This Compendium
The National Park Service (NPS) is granted broad statutory authority under 16 United States Code (U.S.C.) Section 1 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” (16 U.S.C. Section 1). 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” (16 U.S.C. Section 3).
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 (16 U.S.C. Sections 1a1-1a8), 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.”
16 U.S.C. Section 1c 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, then 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 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 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 Lead Park 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:
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.
Copies of the compendium are available at:
Grand Portage National Monument
B. 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 16 United States Code, Section 3, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Grand Portage National Monument. 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.
TREATY RIGHTS (Treaty of LaPointe, signed September 13, 1854 and ratified January 10, 1855)
Nothing in this Compendium of its implementation is intended to modify, abrogate, or otherwise adversely affect tribal reserved or treaty-guaranteed rights applicable within Grand Portage National Monument. These rights may include hunting, trapping, fishing, and the gathering of plants.
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:
The summer season hours for the Historic Site (Great Hall, Kitchen, and Canoe Warehouse) are 9:30 a.m. to 5:30 p.m., every day of the week. The Historic Site is closed for the winter season, starting Tuesday after Indigenous People’s Day and reopening to the public Memorial Day weekend.
The Heritage Center is open 9:30 a.m. to 5:30 p.m. each day of the week in the summer season. Winter hours for the Heritage Center are different than the summer season. See the park's webpage for operating hours.
Public Use Limits:
Overnight docking at the monument’s dock is allowed only by permit, except during storm conditions, which prohibits safe anchorage or navigation. However, as per the enabling legislation of the Monument (P.L.85-910, Section 8), recognized members of the Minnesota Chippewa Tribe may use the dock without permit.
Determination: The restriction of use of the dock as moorage is necessary to ensure safe use of the dock by visitors and maintain the historic character of the dock so visitors can view the historic area from the dock.
Fort Charlotte camping limits are 9 persons or less per group and a maximum stay of 2 consecutive days. Camping at Fort Charlotte requires a permit.
Camping along Lake Superior shoreline and outside the stockade is authorized only during park sponsored events, including but not limited to Rendezvous Days, service projects and other events authorized by the superintendent. Rendezvous event campers must be registered for the event.
Determination: Limiting group size protects adverse impacts to natural and cultural resources at Fort Charlotte. There are no regularly designated camp sites along the Lake Superior shoreline because of the open areas are used for other purposes (picnicking), fragile resources, and to maintain the historic character of the area.
Picnicking is prohibited the following areas:
Within the historic palisade walls
Within the historic buildings and Heritage Center
Where the activity would interfere with normal agency functions, contribute, or cause a safety hazard, or it interfere with visitor activities. (e.g. tailgate picnicking in parking areas)
Determination: Areas may be temporarily closed for a variety of reasons including site restoration, protection of endangered or threatened animal and plant species, and protection of fragile cultural and/or historic sites. Maintenance compounds and other work areas are restricted from public access to protect government property from theft and vandalism and to prevent safety issues related to the operation of heavy machinery and power equipment.
(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions noted:
COVID-19 Pandemic Requirements:
When the COVID-19 Hospitalization Level is LOW or MEDIUM in the county or all the counties where the park is located based on data provided by the Centers for Disease Control and Prevention (CDC), individuals are not required to wear masks.
When the COVID-19 Hospitalization Level is HIGH in the county or all the counties where the park is located based on data provided by the CDC, all individuals over the age of two must wear masks, regardless of vaccination status, in all common areas and shared workspaces in buildings owned, leased, or otherwise controlled by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants.
When the COVID-19 Hospitalization Level is HIGH in one or more, but not all, of the counties where the park is located based on data provided by the CDC, the superintendent will determine whether individuals are required to wear masks. The requirement, if any, will apply to all facilities within the park.
Masks must cover the nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face. Masks not designed to be protective, masks with ventilation valves, and face shields do not meet the requirement.
Regardless of the COVID-19 Hospitalization Level, individuals may wear masks if they choose to do so. Where a state, local, tribal, or territorial government where the park is located imposes more protective mask-wearing requirements than those indicated by the COVID-19 Hospitalization Level, individuals must follow those more protective requirements within the park. More protective state, local, tribal, or territorial mask-wearing requirements are hereby adopted as federal requirements in all units of the National Park System located within that state, locality, area subject to a federally recognized Indian tribe’s regulatory jurisdiction, or territory, regardless of a particular park’s jurisdictional status.
Additionally, all individuals must wear masks in or on public transportation conveyances and transportation hubs/facilities, to the extent required by current orders or directives issued by the CDC, the Transportation Security Administration (TSA), or other federal agencies with jurisdiction over those conveyances or areas. As of March 4, 2022, CDC and TSA orders or directives require all individuals regardless of vaccination status to wear masks in indoor areas of all forms of public transportation conveyances, including busses, trains, and boats/ferries, and in the indoor premises of transportation hubs/facilities. Individuals are not required to wear masks while outdoors on conveyances or while outdoors on the premises of transportation hubs/facilities.
The number of visitors in the following indoor locations may not exceed the maximum occupancy identified for each location when the Centers for Disease Control Covid data tracker shows a community level for Cook County, MN as HIGH.
Passenger Carrying Buses:
Determination: The idling of bus engines adds unnecessary exhaust fumes to the air and diminishes the enjoyment by visitors of the peace and tranquility of the park. Due to the nature of the service provided by the shuttle busses, they are excluded from the requirement.
Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Grand Portage National Monument 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: Until the NPS can determine whether specific uses of unmanned aircraft are appropriate and will not cause unacceptable impacts on park resources and values, Grand Portage National Monument is closed to the use of these devices. The use of unmanned aircraft within the boundaries of Grand Portage National Monument has the potential to harm visitors, disturb wildlife, impact view sheds, 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.
See the following sections under General Regulations for conditions and/or restrictions
§2.1 Preservation of Natural, Cultural and Archeological Resources
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 activity related to Public Use Limits:
Docking a vessel overnight
§2.5(a) Specimen collection (Take plant, fish, wildlife, rocks or minerals)
§2.10(a) The following camping activities:
Overnight camping at Fort Charlotte - Camping Permits are available for free through the website.
§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)
§2.50(a) Conduct a sport event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar event.
§2.51 Public assembly, gatherings, demonstrations, and other public expressions of views.Groups of 25 persons or less do not need a permit for first amendment activities in the assembly location. (See map attached for assembly location)
§2.52 Sale or distribution of printed matter.
§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:
Commercial filming and still photography activities are subject to the provisions of 43 CFR Part 5. All commercial filming requires a permit. Still photography does not require a permit unless:
Audio recording does not require a permit unless:
III. General Regulations
36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
(a)(4) Dead wood and driftwood found on the ground may be collected for use as fuel for campfires within the park in the following areas:
Near the Lake Superior shoreline where campfires are permitted for special events.
(a)(5) The following conditions are in effect for walking, climbing, entering, ascending or traversing the listed archeological or cultural resource, monuments or statues:
36 CFR §2.3 – FISHING
(a) All Grand Portage Band of Lake Superior Chippewa fishing laws and/or regulations apply
Last updated: July 20, 2023