Record of Determination for Temporary Closure of Gravelly Point, Roaches Run, Dangerfield Island, the Mount Vernon Trail, and Jones Point Park for DCA recovery operations

GWMP
Closure Order # 25-002

Pursuant to 36 CFR 1.5, the National Park Service is imposing a temporary closure to the George Washington Memorial Parkway in the areas of Gravelly Point, Roaches Run, Daingerfield Island, the Mount Vernon Trail (Humpback Bridge to 4 Mile Run), and Jones Point Park. These closures were implemented on an emergency basis following the incident described below. As of February 11, 2025 closures have been lifted at all areas except for Gravelly Point and the portion of the Mount Vernon Trail which crosses through Gravelly Point. The closure of Gravelly Point will extend through 11:59 p.m. on February 14, 2025. If circumstances permit, the closure at Gravelly Point may be lifted sooner upon further notice, should the Incident Command no longer need an area. Unauthorized entry or activity is prohibited in this area while it is closed.

Because of a mid-air crash that happened on January 29, 2025, at DCA between an airplane and helicopter, recovery activities are required to retrieve vehicle wreckage and responding professionals will occupy these areas. Safety and security require restriction of all access to the areas being utilized to respond to the incident, so the public will not be permitted in these areas. Persons are to immediately remove themselves and any personal property from these closed areas. Violation is prohibited.

This temporary closure is not of a nature, magnitude, and duration that will result in a significant alteration in the public use pattern, insofar as nearby park areas that are not necessary for the incident response will remain open to the public. In addition, consistent with public safety, any park areas subject to this decision that are not yet needed for recovery and related activities will remain open until such time as closure is necessary. Fences and/or signage, traffic cones and other barriers will mark closed areas, and they will also be noticed via website (nps.gov/gwmp) and media advisories.

Given the safety and security protections necessary in the closed areas for the retrieval of people and wreckage from the plane and helicopter crash from the Potomac River make using these areas immediately adjacent to the crash location necessary for incident response, less restrictive measures will not suffice. This closure will not adversely affect the park’s natural, aesthetic, or cultural values, because it is temporary and necessary to respond to this unforeseen incident. The closure does not require significant modification to the park’s resource management objectives, and is not of a highly controversial nature because emergency incident response can only take place from park areas adjacent to the crash area, and the response is necessary for public safety.

Accordingly, the National Park Service has determined that publication of this temporary restriction as rulemaking in the Federal Register is not required under 36 CFR 1.5(b). This determination is consistent with hundreds of earlier partial or temporary closures, the legal opinion of the Office of the Solicitor, and judicial adjudications that have upheld other NPS closures and public use limitations. Spiegel v. Babbitt, 855 F. Supp. 402 (D.D.C. 1994) affd in part w/o op. 56 F. 3d 1531 (D.C. Cir. 1995), reported in full, 1995 US App. Lexis 15200 (D.C. Cir. May 31, 1995); ANSWER Coalition v. Norton, No. 05-0071, (D.D.C. January 18, 2005), Mahoney v. Norton, No. 02-1715 (D.D.C. August 22, 2002), plaintiff’s emergency motion for appeal for injunction pending appealed denied Mahoney v. Norton, No. 02-5275 (D.C. Cir. September 9, 2002) (per curium); Picciotto v. United States, No. 99-2113 (D.D.C. August 6, 1999); Picciotto v. Lujan, No. 90-1261 (D.D.C. May 30, 1990) Picciotto v. Hodel, No. 87-3290 (D.D.C. December 7, 1987).

Nothing in this order is intended to prevent the National Park Service, its employees, volunteers, partners, contractors, subcontractors or designees from access and fulfilling their administrative duties and responsibilities.

This order is in effect from January 31, 2025, and will end at 11:59 p.m. on February 14, 2025. Pursuant to 36 CFR Section 1.7, notice of this temporary closure will be made through public advisories, fencing, and posting of signs at conspicuous locations in the affected park area. Finally, pursuant to 36 CFR 1.5, this determination is available to the public upon request.

Approval: Jennifer Madello, Superintendent
Date: February 11, 2025