National Park Service
U.S. Department of the Interior
Superintendent's Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Delegated Authority
Applied in addition to the provisions of Title 36 Code of Federal Regulations, Chapter 1, Parts 1-7, authorized by Title 16 United States Code, Section 3. Reference NPS Management Policies 2006.
Hopewell Culture National Historical Park
16062 State Route 104
Chillicothe, Ohio 45601
High Bank Works
Hopeton Earthworks
Hopewell Mound Group
Mound City Group
Seip Earthworks
Title 54, United States Code, §100101(a) authorizes the National Park Service to regulate the National Park System. Title 36, Code of Federal Regulations, §1.5 empowers park superintendents to establish park-specific regulations.
Under these authorities, Hopewell Culture National Historical Park establishes the following regulations to properly manage, protect and govern the park’s use.
The written determinations that 36 CFR §1.5(c) requires for the Superintendent’s discretionary authority appear in this document in italicized print.
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 CFT, 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
2. Laws and Policies Allowing the Superintendent to Develop this Compendium
The National Park Service (NPS) is granted broad statutory authority under Title 54 United States Code (U.S.C.) §100101(a) (formerly 16 U.S.C. 1a-1, “Organic Act”) 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 wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.” In addition, title 54 U.S.C. §100751(a) allows the NPS, through the Secretary of the Interior, to “prescribe such regulations as the Secretary considers necessary or proper for the use and management of System units.”
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, 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.”
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 visitors 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?
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.
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 Park Ranger, Law Enforcement Specialist at the park address found below.
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:
B. HOPEWELL CULTURE NATIONAL HISTORICAL PARK 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 Hopewell Culture National Historical Park. 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.
PART 1 - GENERAL PROVISIONS
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 aII public use or to a certain use or activity:
Visiting Hours:
Visitor use of the park is limited to daylight hours, defined as one half hour before sunrise to one half hour after sunset. Visitation in other than daylight hours is incompatible with the educational and scientific purposes for which the park was established. The Superintendent makes exceptions for evening programs, approved Special Use Permits, or approval on an individual basis. Emergency closures will be posted and/or announced through the media.
Reason for Determination: The park was established to "permanently preserve and protect" objects "of great historic and scientific interest" and to interpret the pre-Columbian American Indian Hopewell culture to the public. There are no overnight camping facilities in the park, and except for scheduled evening interpretive programs, there is no valid scientific or educational reason to allow visitor use after dark. In addition, there are no park employees on-site after dark and the sites are vulnerable to looting or vandalism if the park emained open to the public. Visiting is therefore limited to daylight hours.
Closures:
The Mound City Visitor Center, located at 16062 State Route 104 is closed on Thanksgiving Day, Christmas Day, and New Year’s Day.
The Superintendent reserves the right to close the park or portions thereof for resource management purposes, non-public meetings, tribal government to government meetings and consultations, public holidays, national security or emergency situations.
High Banks Works is closed to visitor use except by permit issued by the Superintendent. Permits may be issued for educational and scientific purposes only. Reason for determination: High Bank Works has intact and sensitive above-ground and buried archeological resources with exceptional potential for scientific research; limited access by permit affords the highest level of resource protection while facilitating educational and scientific purposes.
(a)(2) The following area have been designated for a specific use or activity, under the conditions and/or restrictions as noted:
Recreational Activities
Recreational activities such as kite flying, frisbee throwing, ball playing, etc. are restricted to the mowed turf area between State Route 104 and the visitor center at Mound City Group. Activities are further restricted, at the discretion of the Superintendent, to those that are low impact and do not result in damage to turf or other resources or cause undue interference with other visitors to the park.
Restrictions on Specified Uses: Hopewell Mound Group, Mound City Group, Seip Earthworks, Hopeton Earthworks, High Bank Works, and Spruce Hill Earthworks were ceremonial and burial areas for pre-Columbian American Indian cultures of the region. Respect for the pre-Columbian builders of the sites and appropriate interpretation and protection of the surviving features requires decorum from visitors. There is no valid educationaI reason to allow sport-like recreational activities in these areas.
The following restrictions and/or conditions are in effect for the specific uses or activities noted:
UNMANNED AIRCRAFT (UAS / DRONES)
Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Hopewell Culture National Historical Park is prohibited except as approved in writing by the Superintendent.
Definition: Unmanned Aircraft (UA) - 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.
The Superintendent has determined that unmanaged or unrestricted recreational use of UA’s within Hopewell Culture National Historical Park will conflict with, or impact, a variety of park uses including visitor experience, health and safety as well as conflicting with, or impacting park resources and values.
36 CFR §1.6 - ACTIVITIES THAT REQUIRE A PERMIT
(f) The following is a compilation of those activities for which a permit from the Superintendent is required:
§2.4(d) Carry or possess a weapon, trap, or net (excluding legal firearms)
§2.5(a) Specimen collection (Taking of plants, fish, wildlife, rocks or minerals)
§2.12 Audio Disturbances:
(a)(2) Operation of a power saw in developed areas
(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
§2.17 Aircraft and air delivery:
(a)(3) Delivery or retrieval of a person or object by parachute, helicopter, or other airborne means
(c)(1) Removal of a downed aircraft
§2.37 Solicitation 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)
§2.38 Explosives:
(a) Use, possess, store, transport explosives, and/or blasting agents
(b) Use or possess fireworks
§2.50 Sports events, pageants, regattas, public spectator attractions, entertainments, ceremonies, and similar event
§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades, and other public expression of views.
(a) Demonstrations includes picketing, speechmaking, marching, holding vigils or religious services and all other like forms of conduct that involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which is reasonably likely to attract a crowd or onlookers.
(b) Demonstrations involving 25 persons or less do not require a permit unless:
The event presents a clear and present danger to public health and safety.
The event takes place outside a designated area
Structures, stages, platforms, sound systems are used.
The event unreasonably interferes with other permitted demonstrations and special events, or park program activities.
(c) All demonstrations will be held in designated areas. Mound City Group is the only designated area in the park for these types of activities. A map of the public assembly areas is available on the First Amendment Area page of this website.
§2.52(c) Sale or distribution of printed matter that is not solely commercial advertising
Printed matter is message-bearing material such as books, pamphlets, magazines, and leaflets, provided that it is not solely commercial advertising. Other message-bearing items include: Readable electronic media such as CDs, DVDs, and flash drives; clothing and accessories such as hats and key chains; buttons; pins; and bumper stickers.Sale or distribution of printed matter and the free distribution of other message bearing items without asking for or demanding payment or donation must take place in designated areas and the small group permit exception applies (see Demonstrations §2.51 (b) and (c)).
§2.61(a) Residing on federal lands
§4.11(a) Vehicles exceeding load, weight, and size limits (See section III, §4.10)
§5.1 Advertisements including the 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 Commercial Filming, still photography and Audio Recording:
(a) 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:
• It uses a model, set, or prop
• It takes place where members of the public are not allowed
• The park would incur costs to provide onsite management to protect resources or minimize visitor use conflicts
(b) Audio recording does not require a permit unless:
• It takes place at locations where or when members of the public are generally not allowed
• The equipment requires mechanical transport
• It requires an external power source
• The activity requires monitoring
• The activity impacts resources
§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.
Violating a term or condition of a permit issued under this action may also result in the suspension and revocation of the permit by the Superintendent.
36 CFR §2.1 - PRESERVATION OF NATURAL, CULTURAL, AND ARCHEOLOGICAL RESOURCES
(a)(5) The following conditions are in effect for walking, climbing, entering, ascending, or traversing the listed archeological or cultural resource, monuments, or statues:
The public is prohibited from walking and climbing on mounds and earthworks because of the possibility of damage from erosion. Area between the mounds and earthworks are open to foot travel.
Reason for determination: Walking on mounds and earthworks causes erosion and there is no valid interpretive or educational reason for walking on the mounds. Earthworks and mounds are therefore closed to foot travel.
(c)(1), (c)(2) The following fruits, nuts, berries, or unoccupied seashells may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, collection sites, and/or use consumption restrictions:
Blackberry
One (1) cup per visit for personal use or consumption only
Raspberry
One (1) cup per visit for personal use or consumption only
Mulberry
One (1) cup per visit for personal use or consumption only
Nuts
One (1) pint per visit for personal use or consumption only
Buckeyes
One (1) pint per visit for personal use only
Collection of Edible Mushrooms
No more than 12 mushrooms per visit for personal use or consumption may be collected. All other plant species (such as, but not limited to, conifer cones, fungi, lichens, and ferns) are closed to harvesting.
Collection for commercial purposes is prohibited.
Reason for determination: Generally, collection and removal of natural resources from any unit of the National Park System is prohibited. The resources listed have been collected for many years and there has been no observable harm to other natural resources or the abundance of listed plants.
(e) The following areas are closed to the viewing of wildlife with the use of an artifical light:
Parkwide
Reason for determination: The use of artificial lights to view wildlife creates unnecessary man-caused stress upon the animals, causing them to change their behavior patterns. The light also can disturb park neighbors, pose a hazard to vehicular traffic and can be a precursor to poaching activities.
Picnicking is permitted only in designated picnic areas. These areas are identified by the presence of picnic tables and/or trash cans.
Reason for determination: All units of the park contain sensitive archeological features. Appropriate scientific and educational activities of these features would be adversely impacted by allowing picnicking throughout the rounds. The park provides picnic tables and other facilities at designated areas to limit impacts from erosion, burrowing animals, insects, and interference with educational activities.
(a)(1) The lighting or maintaining of fires is prohibited in the park except that the Superintendent may permit the use of fires for educational or interpretive purposes.
Reason for determination: Fire is a potential hazard to park resources and facilities and to neighboring properties. No fires shall be set for the purposes of camping activities or food preparation by visitors.
(a)(1) The following structures and/or areas are closed to the possession of pets:
Pets are not allowed in buildings or structures except guide dogs accompanying visually impaired persons, hearing ear dogs accompanying hearing-impaired persons, and service animals accompanying physically disabled persons.
Reason for determination: To prevent conflicts with other visitors and staff, animals are not allowed in park buildings with the exception of service animals.
(a)(5) Pet excrement must be disposed of in accordance with the following conditions:
Pet excrement must be immediately collected by the pet handler and disposed of in the nearest trash receptacle.
If there is not a trash receptacle in the area, the excrement shall be removed from the park by the handler.
Reason for determination: Pet owners are responsible for their animals, including cleaning up after their animals. The developed units of the park are commemorative spaces which should be treated with respect and decorum.
(b) The use of horses or pack animals is prohibited in the park except on state highway right-of-way where allowed by law.
Reason for determination: Horses and other livestock cause erosion of slopes and earthworks. To protect the American Indian earthworks which are the primary resource of the park and to protect the public's investment in park trails, horses and pack animals are prohibited.
36 CFR §2.20 - SKATING, SKATEBOARDING, AND SIMILAR DEVICES
The use of roller skates, skateboards, roller skates, coasting vehicles, or similar devices are allowed only in the following areas:
The Paint Creek Recreational Trail that runs through Hopewell Mound Group is the only trail that is open for the use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices.
Reason for determination: Hopewell Mound Group, Hopeton Earthworks, High Bank Works, Mound City Group, Seip Earthworks and Spruce Hill were ceremonial and burial areas for indigenous cultures of the region. Respect for the indigenous builders of the sites and appropriate interpretation and protection of the surviving features requires decorum from visitors. There is no valid educational reason to allow sport-like recreational activities in these areas. The Paint Creek Recreational Trail at Hopwell Mound Group is exempted from this restriction since it is appropriately designed for these uses.
36 CFR §2.35 - ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES
(a)(3)(i) The following public use areas, portions of public areas, and/or public facilities within the park are closed to the use or possession of alcholic beverages and controlled substances.
Alcoholic beverages are permitted only in designated picnic areas. Consumption of alcoholic beverages in other areas of the park is prohibited as it is inappropriate to the educational and interpretive activities that occur in these areas.
Reason for determination: Hopewell Mound Group, Hopeton Earthworks, High Bank Works, Mound City Group, Seip Earthworks and Spruce Hill were ceremonial and burial areas for indigenous cultures of the region. Respect for the indigenous builders of the sites and appropriate interpretation and protection of the surviving features requires decorum from visitors. There is no valid educational or visitor service purpose for the consumption of alcoholic beverages outside of designated picnic areas.
(a) The installation of a monument, memorial, tablet, structure, or other commemorative installation in a park area without the authorization of the Director is prohibited.
(b) The scattering of human ashes from cremation is prohibited.
Other memorialization options may be permitted with Superintendent's approval.
Reason for Determination: Permitting the installation of memorials or the scattering of human ashes within the National Historical Park would potentially contaminate the archeological and sacred landscape and would be contrary to the sacred nature of Hopewell Culture National Historical Park.
(b) The following speed limits are established for the routes/roads indicated:
The legal speed limit on all park roads shall be 15 miles per hour.
The park-wide speed limit on park-maintained roads is 15 miles per hour. This section of the Code of Federal Regulations provides for a specified speed limit of 15 mph for parking areas, camp grounds, and their congested areas, such as parking lots, driveways, and service roads. This entry does not apply to state, county, or township-maintained roads.
(a) Bicycles and electric bicycles are allowed on park roads and in parking areas that are open to motor vehicle use by the public; and on the Paint Creek Recreational Trail located at Hopewell Mound Group.
Reason for determination: Bicycle use may be allowed in developed areas so long as it is consistent with park values. The Paint Creek Recreational Trail, of which 1 mile of its total 32 miles lies within the boundaries of Hopewell Culture NHP, was developed to support bicycle use and riding bicycles on it is consistent with park values. No other trails in the park meet this regulatory standard. Bicycle use on natural and cultural resource areas not specifically designated for them promotes erosion and destruction of those resources.
(i) Electric Bicycles - On September 22, 2021, the Superintendent designated park roads and parking areas, and the Paint Creek Recreational Trail as open to electric bicycles using the discretionary authority given to the Superintendent under 36 CFR 4.30(i).
Except where use of motor vehicles by the public is allowed, using the electric motor exclusively to move an electric bicycle for an extended period of time without pedaling is prohibited.
A person operating or possessing an electric bicycle is subject to the following sections of this part that apply to bicycles: §§ 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(3)-(5).
Except as specified in this chapter, the use of an electric bicycle is governed by State law, which is adopted and made a part of this section. Any act in violation of State law adopted by this paragraph is prohibited.
Reason for determination: Allowing electric bicycles the Paint Creek Recreational Trail will create new opportunities for recreation and access within the park, and provide additional benefits, including greater accessibility which encourages more people to take part in healthy outdoor exercise. The NPS expects little to no negative impacts on park visitors, resources or values since the trail is designed for bicycle use. This action is covered by the categorical exclusion 3.3.D.2 in the NPS NEPA Handbook.
PUBLIC NOTICE Security Camera/CCTV Policy Statement
In accordance with National Park Service (NPS) Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Hopewell Culture National Historical Park uses Closed Circuit Television (CCTV) security camera monitoring.
The NPS’s use of CCTV is for law enforcement and security purposes and will only be used 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 activity; 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.
This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities, 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.
Operation of CCTV cameras will be in accordance with NPS and Departmental policy. No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views.
Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.