Pursuant to 36 CFR Section 1.5, the National Park Service is imposing a temporary closure to the Netherlands Carillon and its grounds including the plaza and floral library. The dates of the closure are October 1, 2019 until further notice. It is expected that construction will be complete by March 1, 2021. Unauthorized entry or activity is prohibited in this area while it is closed. Due to this closure, beginning October 1, 2019, permit applications for physical presence in the area will be denied for any event or activity. Because the construction and associated activities do not reasonably permit multiple occupancy, the public will not be permitted in the closed areas of the Netherlands and its grounds. In the event that additional closures are necessary, persons are to immediately remove themselves and any personal property from these additional closed areas.
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 these construction activities are necessary for the repair of the Netherlands Carillon. Consistent with NPS regulations, persons wishing to demonstrate may continue to use the remaining open park areas. Indeed, consistent with public safety, park areas subject to this decision, but not yet needed for construction 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.
Given the safety and security protections necessary in the closed areas for such construction and associated activities, less restrictive measures will not suffice. The closures will not adversely affect the park’s natural, aesthetic, or cultural values. The closures do not require significant modification to the resource management objectives, and are not of a highly controversial nature since this is similar to closures that occurred in the past.
Accordingly, pursuant to 36 CFR Section 1.5(b), publication as rulemaking in the Federal Register is unwarranted. This is consistent with hundreds of past partial and temporary park closures, the legal opinion of the Office of the Solicitor, and case law.
Pursuant to 36 CFR Section 1.7, notice of this temporary closure will be made through media advisories, fencing and posting of signs at conspicuous locations in the affected park area. Finally, pursuant to 36 CFR Section (1.5), this determination is available to the public upon request.
Approval: Charles Cuvelier, Superintendent
Date: September 28, 2019
