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 persons entering, using, visiting or otherwise within: (1) The boundaries of federally owned lands and waters administered by Harpers Ferry National Historical Park; (2) The boundaries of lands and waters administered by Harpers Ferry National Historical Park for public-use purposes pursuant to the terms of a written instrument. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7. IntroductionA. What is the Compendium?
B. What laws and policies allow the Superintendent to develop this Compendium? C. Does this compendium comply with applicable Federal law and requirements? D. How are the requirements of the Superintendent’s Compendium developed? E. Where does the Compendium Apply? F. Who enforces this Compendium? G. Is there a penalty for not adhering to the requirements found in this Compendium? A. What is the Superintendent’s Compendium?The Harpers Ferry National Historical Park Superintendent’s Compendium summarizes park specific rules implemented under the Park Superintendent’s discretionary authority. It is public notice that gives the public a chance to comment, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on those public use and resource protection regulations regarding the specific administration of the park. It does not contain those regulations found in Title 36 Code of Federal Regulations (C.F.R.) and other United States Codes (U.S.C.) and C.F.R. Titles, which are enforced without further elaboration at the park level. B. What laws and policies allow the Superintendent to develop this Compendium?54 U.S.C. Subtitle I, Division A, Ch. 1001, § 100101(a) (National Park Service Organic Act of 1916, as amended) grants the NPS broad statutory authority in 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 wildlife in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wildlife in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.” C. Does this Compendium comply with applicable Federal law and requirements?The Superintendent’s Compendium is not considered a significant rule requiring an Office of Management and Budget review under Executive Order 12866. This Compendium complies with Title 54 United States Code and Title 36 Code of Federal Regulations, Chapter 1, Parts 1-7. D. How are the requirements of the Superintendent’s Compendium developed?As outlined above, the NPS has broad authority to determine what uses and activities are appropriate in any particular National Park System area.
E. Where does this Compendium apply?This Compendium’s regulations apply to all persons in federally owned lands and waters boundaries that the NPS administers as part of Harpers Ferry National Historical Park. F. Who enforces the requirements of this Compendium?Only NPS Law Enforcement Park Rangers or a cross designated Law Enforcement Officer can enforce United States Code, C.F.R. Titles, and this Superintendent’s Compendium requirements. However, many federal laws and regulations have similar statutes state and local law. Many Compendium requirements complement existing state and local law and regulations that are also in effect in the park and enforced by state and local law enforcement officers. G. Is there a penalty for not adhering to the requirements found in this Compendium?A person who violates any regulations in Title 36 C.F.R. Parts 1-7 or 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 will be adjudged to pay all court costs associated with any court proceedings. 36 C.F.R. Part 1–General Provisions§ 1.5 (a)(1) – Closures and Public Use LimitsThe following closures and restrictions are established for all or portion(s) of the park to all public use or to a certain use or activity:
To prevent the degradation of the values and purposes for which the park was established, the following park areas are closed to the possession of all watercraft (boats, canoes, kayaks, etc.) to include inflatable devices (inner-tubes, air mattresses, etc.).
Determination of Closure/ Limitations: This closure for the possession of all forms of watercraft is necessary for the protection of scenic values, the protection of natural and cultural resources, the implementation of management responsibilities, the equitable allocation and use of facilities, and to avoid a conflict among visitor use activities. This use of watercraft is not consistent or compatible with the park’s enabling legislation, management objectives, and corresponding management plans. This closure is not of a nature, magnitude and duration that will result in a “significant alteration in the public use pattern” because recreational river users are provided ample areas for boating and river recreational access outside the park. To enhance both the historic and natural landscapes and to reduce the adverse impact to historic resources, picnicking is permitted only in the following areas:
a) Visitor Center Picnic Area
b) River Access – picnicking at River access is allowed in the same defined area for watercraft. This area is extending 50 yards on either side of the trail leading from the parking lot to the river shore. For the purposes of this section picnicking is defined as more than the mere possession or consumption of food at these locations. It may include such activities as the spreading of blankets or ground covers, setting up tables and/or chairs. The cooking of food on portable grills open fires or other cooking devices, storage of food in coolers or other containers, or other similar social activities is prohibited.
Determination of Closure/ Limitations: This limitation is needed to enhance both the historic and natural landscapes of the park and to reduce the adverse impact to historic resources. The "Goodloe E. Byron Memorial Pedestrian Walkway" is closed to fishing activity. All persons fishing in the park must have a valid state fishing license.
Determination of Closure/ Limitations: The walkway is only wide enough to support pedestrian traffic crossing the Potomac River Bridge. Allowing fishing activities on the bridge would not allow for safe passage of pedestrians along this narrow walkway. The downhill portion of Shoreline Drive is closed to the use of bicycles.
Determination of Closure/ Limitations: This closure to the use of bicycles on the downhill portion of Shoreline Drive is necessary for the maintenance of public safety, implementation of management responsibilities, the safe and equitable allocation and use of facilities, and to avoid conflict among visitor use activities. Less restrictive measures will not suffice because of the potential threat to visitor safety which has been measured by previous accidents including a fatality. This is a narrow and steep road with no safety provisions for downhill bike travel. The lack of road shoulders and poor visibility present a safety hazard for downhill bike travel. “Administrative Use Only” Road* on Virginius Island is closed to the use of bicycles. “Administrative Use Only” Road* (Military Road) on Maryland Heights is closed to the use of bicycles. Determination of Closure/Limitations: The administrative road on Virginius Island is a culturally sensitive area and allowing bikes on this road may affect these cultural resources. The Maryland Heights Military Road is also a culturally sensitive area. The use of the road by bicycles may compromise visitor safety due to rocky and washed-out trail conditions on this administrative road. “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.). E-bikes are allowed in Harpers Ferry National Historical Park where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited. Except where the use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited. 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 Harpers Ferry National Historical Park 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. Private and commercial buses are prohibited from loading or unloading passengers in Lower Town without permission from the Superintendent.
Determination of Closure/Limitations: The Park operates a shuttle bus system to transport visitors to the Lower Town. Private and commercial buses that load or unload in the Lower Town may present a hazard to regular street traffic or the park shuttle buses utilizing the Shuttle Bus transportation system. Two underground caves in the park, one known as “John Brown’s Cave” and the other known as “Harpers Ferry Caverns” are closed to all public access.
Determination of Closure/Limitations: This is necessary for public safety, to protect natural resources and to reduce the likelihood of people carrying the causal fungal agent of white-nosed syndrome, Geomyces destructans, to bat populations. Less restrictive measures will not suffice because of the potential threat to irreplaceable natural resources. One cave entrance is right along a busy CSX Rail system line and people wanting to use the cave must trespass on CSX land to gain entry to the cave. The unimproved cave conditions for both caverns create a potential safety threat to users and rescuers and an unacceptable financial burden to the Government for the cost of rescues. Users damage fragile cave formations once in the cave. On occasion some users are unprepared for cave conditions and become lost and/or injured. To provide for public safety and to protect park resources, Jefferson Rock and the small, rectangular area of land around it (its supporting rock outcrop) is closed to climbing, standing or sitting. The area of closure is identified by two descriptive signs at the entrance of the Jefferson Rock area as accessed from two points along the Appalachian Trail.
Determination of Closure/Limitations: This closure to all public access at the portion of the park known as Jefferson’s Rock is necessary for the protection of natural resources, the maintenance of public safety and removes additional human-caused threats that may accelerate the rock’s eventual failure and downhill slide. Launching, landing or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Harpers Ferry National Historical Park 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 of Closure/Limitations: Use of unmanned aircraft within Harpers Ferry National Historical Park (HAFE) is not compatible with the mission of the park as detailed in the General Management Plan (2009) and Congressional Enabling Legislation (1944). Harpers Ferry National Historical Park was created to maintain and preserve the natural and cultural resources and provide for public enjoyment. The natural soundscape, viewshed, natural/cultural resources and visitor experience would be impaired by the noise and view of these modern devices. These devices would also impact the safety of our visitor population, motor vehicle traffic, and generally intrude upon visitors’ enjoyment of the park. This closure is in keeping with National Park Service Policy Memorandum 14-05 regarding unmanned aircraft, issued June 2014. Closed to Climbing are specific locations within Harpers Ferry National Historical Park In West Virginia:
Determination of Closure/Limitations: Recreational climbing activities in the Lower Town occur in an area in close proximity to a cultural landscape. The national significance of Harpers Ferry National Historical Park lies in the historic events that occurred at Harpers Ferry and in the cultural and natural resources associated with those events. Closing climbing activity in this area will help the park better interpret and explain those historical events to the public. Climbing routes in the state of Virginia within the boundaries of Harpers Ferry National Historical Park are currently closed. Determination of Closure/Limitations – for any closures in VA: Due to their locations near or within culturally sensitive areas and a lack of available legal and safe parking, these areas within the park are closed to all climbing related activities. A public closure to climbing of these areas will serve to mitigate the potential risk to the visiting population. A less restrictive method to accomplish this goal will not be effective. Annually there will be a temporary closure of certain areas of Harpers Ferry Park (HAFE) to public use on and around the cliff face of Maryland Heights, Washington County, Maryland. Portions of Maryland Heights, identified as areas closed to visitor use activities, beginning February 15th and remaining in effect until July 31st, or until further notice are considered as ideal habitat for breeding peregrines. This closure will come into effect annually if there are signs of potential nesting and pair sightings on Maryland Heights. Notice of this temporary and partial closure and public use limitation will be made through an orange fence barricade and multi-language signs posted at 25ft. intervals in the affected park areas, such as normal points of entry and reasonable intervals along the boundary of the affected park locale. Notice will also be given through park social media and the park website.
To help ensure their nesting and fledging success, a temporary closure will be in effect for areas around the Maryland Heights overlook and cliff face, focusing on The Gully, Sign Wall, ABC Ramps, Train Tunnel Wall and Confederate Walls. Union Wall overlook is the only overlook to remain opened during this temporary closure, all other overlooks will be closed. Union Wall climbing routes will remain open as well. Determination of Closure/Limitations – Park staff has observed adult peregrines near the cliff face of Maryland Heights engaging in courtship and pre-nesting behavior signaling the birds’ intentions to nest and raise chicks during the spring and early summer. To help ensure their nesting and fledging success, a temporary annual closure will be in effect for areas around the Maryland Heights overlook and cliff face, focusing on The Gully, Sign Wall, ABC Ramps, Train Tunnel Wall, and Confederate Walls. Union Wall overlook will remain open during these annual closures; all other overlooks will be closed. Union Wall climbing routes will remain open as well. Research has shown that nesting peregrine falcons are particularly vulnerable to human activities on or above cliff faces. Entering CSX railroad property from within Harpers Ferry National Historical Park is prohibited.
Determination of Closure/Limitations: The CSX rail traverses through a portion of Harpers Ferry National Historical Park. The park has within its boundaries an active train station adjacent to the CSX rail. No physical barriers exist preventing the public from entering the CSX rail from NPS property. This public closure will serve to mitigate the potential risk to the visiting public and commuter’s using the rail system. A less restrictive method to accomplish this goal will not be effective. In accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Harpers Ferry National Historical Park uses Closed Circuit Television (CCTV) security camera monitoring.
The park’s use of Closed-Circuit Television (CCTV) for law enforcement and security purposes 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 attack and crime; 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. (RM-9, 26.1) This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities (RM-9, 26.3.7), 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. (RM-9, 26.1). Operation of CCTV cameras, maintenance of recorded images and use of recorded images will be in accordance with NPS and Department policy and applicable laws and regulations. (RM-9, 26.1-26.4) No person will be targeted or monitored because of race, religion, gender, sex, disability, national origin, or political affiliation or views. (RM-9, 26.4.2) Both fenced areas, which encompass Harpers Ferry Caverns and the Maintenance Satellite Site on the former Jellystone property located on Schoolhouse Ridge North, are closed to public access and use. The other manmade structures associated with the original infrastructure of the Jellystone Campground are also closed.
Determination of Closure/Limitations: Due to the deteriorating infrastructure of the former Jellystone Campground, conditions in these areas are unsafe for the visiting public. Closure of these areas will serve to mitigate potential risks to visitors. A less restrictive method to accomplish this goal will not be effective. The entrance of the Harpers Ferry Caverns is cluttered with debris and conditions in the cave need to be assessed before any further management decisions can be made on the caverns. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A SPECIAL USE PERMITDETERMINATION: Title 16 United States Code § 1 directs the National Park Service to “regulate the use of Federal areas known as national parks……” Title 16 United States Code § 3 directs the Secretary of the Interior to “make and publish such rules and regulations…..necessary or proper for the use and management of the parks under jurisdiction of the National Park Service….” Title 36 Code of Federal Regulations meets these statutory requirements (in part) and identifies the activities listed below as those to be regulated by a permit issued by the superintendent.§2.4(a)(2) Carry or possess a weapon, trap, or net:
§2.5(a) Specimen collection (Take plant, fish, wildlife, rocks or minerals)
§2.10(a) Camping §2.12(a)(2) Operating a chain saw in developed areas § 2.12(a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas § 2.12 (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 § 2.13(a)(1) Lighting or Maintaining a fire §2.17(a)(3) Delivery or retrieval of a person or object by parachute, helicopter or other airborne means §2.37 Soliciting or demanding gifts, money goods or services §2.38(a) Use, possession, storage, transportation of explosives, blasting agents §2.38(b) Using or possessing 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 for demonstrations involving 26 or more people. Groups of 25 people or less can demonstrate without a permit in designated areas. §2.52(a) Sale or distribution of printed matter that is not solely commercial advertising for groups of 26 or more. Groups of 25 people or less may distribute printed materials in designated areas without a permit. §2.60(b) Livestock use §2.61(a) Residing on federal lands §2.62(b) Memorialization §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(a) Commercial filming of motion pictures or television involving the use of professional casts, sets or crews, other than bona fide newsreel or news television. §5.5(a) Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising. §5.6(c) Use of commercial vehicles on park area roads (The superintendent shall issue a permit to access private lands within or adjacent to the park when access is otherwise not available) §5.7 Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc. §6.9(a) Operation of a solid waste disposal site. General Regulations36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES(c)(1), (c)(2): Collection of Natural Products All edible nuts, berries, and mushrooms growing on park property, as well as unoccupied seashells, may be gathered by hand for personal use or consumption, not to exceed one U.S. quart per person per day. 36 CFR §2.2 - WILDLIFE PROTECTION(e) The use of artificial lighting to view wildlife is prohibited within the boundary of Harpers Ferry National Historical Park. Determination of Closure/Limitations: The superintendent may designate all or portions of the park as closed to the viewing of wildlife with an artificial light. Taking wildlife in the park with the aid of the use of artificial light is one common method encountered by park staff during past poaching violations. Limiting this activity will help protect a natural resource of the park which is susceptible to taking by illegal hunters shooting from roadways that border the park. 36 CFR §2.3 – FISHING(a) West Virginia, Maryland, and Virginia State fishing laws permit the taking of frogs and crayfish. However, the taking of frogs and crayfish is prohibited within Harpers Ferry National Historical Park.Determination of Closure/Limitations: These State laws are conflicting with Title 36 Code of Federal Regulations and are, therefore, not adopted as part of 36 CFR § 2.3(a). Frogs and Crayfish do not fall under the definition of fish in 36 CFR and would be considered wildlife. Taking of wildlife under 36 CFR 2.2 (a)(1) is prohibited. 36 CFR §2.15 – PETS(a)(1) Structures or areas closed to the possession of pets by the Superintendent:Possessing a pet(s) is prohibited in all structures within the park. Pets are also not permitted within the park buses. This section does not apply to service dogs accompanying visually impaired persons, service dogs accompanying hearing impaired persons, service dogs accompanying some visitor with a disability or dogs used by authorized Federal, State and local law enforcement officers in the performance of their official duties. (a)(3) Pets may be left tied to an object under the following conditions:
(a)(5) Pet excrement must be bagged and deposited in a trash receptacle. Determination of Limitations: The requirement that pet excrement must be bagged and deposited in a trash receptacle is for the maintenance of public health and safety. Less restrictive measures will not suffice because of the potential sanitary and health threat to the public. (e) Pets may be kept by park residents under the following conditions:
Determination of Limitations: Government employees assigned to park housing in which pets are permitted must meet conditions that protect park resources and Government property. These conditions should not be overly burdensome to the employee as a tenant, and they should be identified in the park’s Housing Management Plan. 36 CFR §2.21 – Smoking/Electronic Nicotine Delivery Systems (ENDS)(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking/ENDS:Smoking and using Electronic Nicotine Delivery Systems (ENDS) is prohibited within all structures located in Harpers Ferry National Historical Park. Smoking/ENDS is also prohibited:
Determination of Closure/Limitations: Prohibiting smoking within and near structures protects employees, visitors, and the structures themselves from potential fire and smoke hazards. Prohibiting smoking within Government vehicles protects employees, visitors, and the vehicles themselves from potential fire and smoke hazards. Prohibiting smoking near fuel and fuel containers protects employees, visitors, and Government property from potential fire and smoke hazards. 36 CFR §2.22 – PROPERTY(a)(2) Unattended Motor Vehicles Locations and/or conditions where leaving property unattended longer than 24 hours is permitted: 1. Motor vehicles may be left parked in legal parking spaces in the Visitor Center parking area longer than 24 hours when advance notice is given by the vehicle owner to the Superintendent or the Chief Ranger and is approved. During the approval process a removal date will always be established, generally not to exceed 30 days from the first 24-hour period. Determination of Closure/Limitations: The Visitor Center lot has enough room in the back lot bay to accommodate the small number of visitors who will plan trips lasting for more than 24 hours and it may be unreasonable for them to be required to remove their parked vehicle. Some park users such as Appalachian Trail hikers may choose to start a multi-day trip from the park and have no way to remove their vehicle after 24 hours. 36 CFR §2.35 – ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES(a)(3)(i) Possession and Consumption of Alcoholic Beverages
36 CFR §2.51 – PUBLIC ASSEMBLIES, MEETINGS(c) Designated free speech areas are determined using the regulatory criteria found in 36 CFR §2.51(c) (1)(i), (1)(ii), (1)(iii), (1)(iv), (1)(v), (1)(vi). Lower Town- along the earthen berm that parallels Potomac Street running South East to North West. The area includes the grassy portion of the berm from the John Brown obelisk, on the south eastern end, and terminates at the north western end where the grass joins the pavement of the train station parking lot. This is a continuous space 400’ long and 40’ wide. The CSX parking lot and gravel trail are to remain open for use and are not included in this free speech area.
(c)(2) Maps of location designations are available at Grandview School, the Visitor Center and the Information center in lower town. 36 CFR §2.52 – SALE OR DISTRIBUTION OF PRINTED MATTER(C) The sale or distribution of printed matter is allowed within the park areas designated as available under §2.51 (c)(1).
36 CFR §2.62 – MEMORIALIZATION
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Last updated: August 5, 2024