Superintendent's Compendium

 

National Park Service
U.S. Department of the Interior
Superintendent’s Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.

Minuteman Missile National Historic Site
24545 Cottonwood Road
Philip, SD 57567
605.433.5552 phone [phone] fax

Approved:
Abigail Aldrich September 27, 2024

 

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 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 2.1(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: www.gpo.gov

OR

Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954

The CFR is also available on the Internet at: www.ecfr.gov.

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 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, 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 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 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?

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 Chief 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:
Superintendent Abigail Aldrich
24545 Cottonwood Road
Philip, SD 57567

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.

11. Availability

Copies of the Compendium are available at the visitor center, located at 24545 Cottonwood Road, Philip, SD 57567. It may also be found at: https://www.nps.gov/mimi/learn/management/superintendents_compendium.htm.

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 Minuteman Missile National Historic Site. 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.

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:

Visiting Hours:

Visitor Center

• Open 8:00 am to 4:00 pm, Mountain Time, Tuesday through Saturday to the public, weather permitting.
• Closed Federal Holidays from late November through February: Thanksgiving Day, Christmas Day, and New Year’s Day.
• The parking area gates will open no earlier than one hour before normal operating hours, and close no later than one hour after normal operating hours.
• In event of winter weather conditions, this parking facility is cleared first. Severe winter storms may cause this facility to close until such time as it can be made safe.

Determination: Closing the visitor center on Sundays, Mondays, and some federal holidays is necessary because the NPS does not have sufficient staff to manage visitors and facility operations during those times..

Delta-01

• Open 9:00 a.m. to 3:00 p.m., Mountain Time, weather permitting.
• During business hours, the interior of the Delta-01 compound is open only for guided tours led by staff or volunteers.
• During business hours, the public parking lot and restrooms are open for visitor access and use.
• Guided tours of the interior of the Delta-01 compound are available on a seasonally scheduled basis. Additional tours may be added to the schedule as visitor demand and staffing dictate. Tickets are required for these tours and are made available to purchase through Black Hills Central Reservations at least one day in advance (See §2.23 for additional information on the fee and reservation system).
• Delta-01 will be open Tuesday through Saturday to the public.
• Closed Federal Holidays from late November through February: Thanksgiving Day, Christmas Day, and New Year’s Day.
• In event of winter weather conditions, this parking facility is cleared second. Severe winter storms may cause this facility to close until such time as it can be made safe.
• The Delta-01 parking area is closed and winterized during the winter operations period to reduce wear and workload during a period of reduced visitation and severe weather. This closure period can extend from the first of November to the middle of May annually.
• During the closure period the historic driveway and parking area outside the gate are available for visitor use.

Determination: The Delta-01 facility is open to the public only through guided tours. The maximum tour size of six persons per tour plus park ranger escort is established in order to increase visitor safety and provide maximum protection for park resources. The Delta-01 Tour reservation system is a function of the amenity fee program proposed and approved in 2014; this system provides fair and equitable access to the fragile resources of Delta- 01 and allows the park to efficiently manage visitor use within the capacity of the resource. All visitors are free to use the public parking and walk to the Delta-01 gate during normal operating hours.

Delta-09

• Open 9:00 a.m. to 3:00 p.m., Mountain Time, weather permitting.
• During business hours, the silo pedestrian gate accessing the interior of the fence, parking lot, and restrooms are open for visitor access and use.
• Delta-09 will be open Tuesday through Saturday to the public.
• Closed Federal Holidays from late November through February: Thanksgiving Day, Christmas Day, and New Year’s Day.
• In the event of winter weather conditions, this parking facility is cleared last. Severe winter storms may cause this facility to close until such time as it can be made safe.

Public Use Limits:

Vehicle Loading and Unloading:

Loading and unloading zones are available at all three public parking areas. Parking in these designated areas is limited to ten minutes or less. Visitor Center: lane in front of the flagpole. Delta-01 & Delta-09: adjacent the comfort stations at each location.

Public Tours:

While participating in a public tour of Delta-01, the following are required:

• All tours are ranger-guided and accompanied by at least one NPS employee or volunteer at all times.

• Guided tour groups through the interior of the Delta One compound are limited to six persons per tour.

• Unaccompanied minors (youth 16 years of age and younger) are not allowed on tours.

Determination: The Delta-01 facility is open to the public only through guided tours.The maximum tour size of six persons per tour plus park ranger escort is established in order to increase visitor safety and provide maximum protection for park resources. The Delta-01 Tour reservation system is a function of the amenity fee program proposed and approved in 2014; this system provides fair and equitable access to the fragile resources of Delta- 01 and allows the park to efficiently manage visitor use within the capacity of the resource. All visitors are free to use the public parking and walk to the Delta-01 gate during normal operating hours. To ensure protection of park resources and visitor safety, all visitors must be accompanied by an employee or volunteer. For the safety of younger visitors, all minors must be accompanied by an adult of the same group.

While participating in a public tour the following are prohibited:

• The following items are not allowed on tours: food, candy, tobacco products, drinks, gum, tripods, hiking/walking sticks/poles, pets, strollers, backpacks, and backpack baby carriers.

• Firearms or weapons of any kind, regardless of a valid concealed carry permit

• Touching of furnishings or objects, including use of historic chairs inside the structure.

• Disposal of human waste (Urine/feces).

• Items (purses, handbags, camera bags, flashlights, etc.) larger than 10" x 6" x 5" are not allowed to be carried into the building.

Determination: Restrictions on items carried by visitors on the Delta-01 tour, as well as limits on object access or handling are measures to improve the flow of tours in the historic structure, and better protect the furnishings and objects preserved therein. Narrow hallways throughout the building call for reasonable restrictions on extra items carried. Other specified restrictions serve to protect the resources contained inside the historic structure. No restrooms or running water are available inside the historic structure. Modern seating is highly restricted inside the historic structure.

Accessibility to Delta-01:

Accessibility to the Delta-01 facility is provided through a topside-only version of the standard Delta-01 ranger guided tour or the virtual ranger guided tours provided in the visitor center of the park. The accessible topside only Delta-01 tour is for groups smaller than 6 and is provided through reservations made with the reservations contractor, these specific tours being available at 2:00 PM Wednesdays and Saturday for reservation. The use of walking aids/wheelchairs is strictly limited to the ground level “topside” portion of the building. Electric or motorized wheelchairs are prohibited, due to the risk of damage to the building and the narrow doors and hallways.

Determination: The constricted design size of the elevator, control center access tunnel and control center furnishings prohibit the use of most walking aids or wheelchairs. The Park provides an accessible modified topside tour and has developed a virtual, ranger-guided tour to provide programmatic accessibility. Other specified restrictions serve to protect the resources contained inside the historic structure. No restrooms or running water are available inside the historic structure. Modern seating is highly restricted inside the historic structure.

As a safety precaution all tour participants to the underground Launch Control Center at Delta-01 must:

• Be able to climb two fifteen-foot ladders, for a total of 30 feet, in a situation where the elevator breaks down.

• Be at least six years old and over 40 inches tall.

• All tour participants must be able to walk and stand unassisted.

Determination: These precautions are due to OSHA standards in case of an emergency evacuation or in the event of an elevator malfunction. The limit of six persons per tour is derived from the operational capacity and weight limit of the historic elevator down to the Launch Control Center as well as egress and access restrictions, originally due to the military nature of the site and structure.

Education programs are offered to bona fide educational groups through onsite, offsite, and distance learning platforms from November 1st to April 1st of each year.

Determination: Educational programs are offered by park staff during the portion of the traditional instructional year that is outside of the peak tourism season of April through October.

Visitor access at Delta-09 is limited to the above-ground portion of the fenced compound only.

• No more than 200 persons may be inside the Delta-09 fence at any time.

Determination: These restrictions are in place due to the confined nature of the underground portions of the launch facility and the open nature of the above-ground area.

The fenced in areas of Delta-01 (exit 127) is closed to the public except when accompanied by authorized personnel, usually during ranger-led tours.

Determination: Under 36 CFR 1.5 (1) & (2), the Superintendent has limited access to these historic sites. The sites are enclosed by a chain link fence with barbed wire on top. Historically only those escorted by authorized United States Air Force personnel were allowed inside the fenced areas. Delta-01 represents one of the best examples of the technology and mission critical elements of the missile component of the nuclear deterrent that served to safeguard America during the period between 1962 and 1993.

The historic compounds, fenced in areas, and public parking lots of Delta-01 and Delta-09 are closed to camping.

Determination: The sites are small, less than 20 acres in size. The sites have no proper area for waste disposal. Historically, public camping near the missile sites was not allowed for security reasons. There may be camping sites available in nearby Badlands National Park and Buffalo Gap National Grasslands. Please contact those sites directly for availability.

The Visitor Center and Administrative complex (exit 131) is closed to overnight parking and camping.

Determination: Overnight use and camping is prohibited in the park. There is no valid reason for a vehicle to remain in the park overnight unless the National Park Service has been previously advised and authorized its presence. In case of an emergency, call 911.

The Maintenance building located in the northern portion of the Visitor Center and Administrative complex (exit 131) is closed to visitor use.

Determination: To protect visitors from possible injury, the maintenance building area is restricted to employees and authorized contractors only.

The historic driveways and grassy areas adjacent at both Delta-01 and Delta-09 are closed to parking. Accessible parking at Delta-01 is located at the exterior lot adjacent the entry gate. The historic area, including the driveway west of the county road is closed to visitor parking.

At both Delta-01 and Delta-09, all public vehicles, including large vehicles, buses, and RVs should park in the public parking areas (east of the Delta-01 compound and north of Delta-09). No parking is allowed on the driveway ramp shoulders, the adjacent county road, or the adjacent prairie at either location. Visitor parking should not block vehicle or pedestrian traffic at either location at any time.

Determination: The historic resources preserved at Delta-01 and Delta-09, by the nature of their original design and use, do not contain public parking. To limit damage to the cultural and natural landscape immediately adjacent both locations, this provision limits public parking to the parking areas constructed in 2018.

Unmanned Aircraft

• Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Insert Park Name 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, and drones) that are used for any purpose, including for recreation or commerce.

Determination: The Superintendent has determined that unmanaged or unrestricted recreational use of UAs within Minuteman Missile National Historic Site will conflict with, or impact, a variety of park uses including the visitor experience, native wildlife, and scenic viewsheds.

Conditions or restrictions on a use or activity:

Filming

Effective October 28 and following a decision by the U.S. Court of Appeals for the District of Columbia on October 21, 2022, the NPS functionally reinstated previous laws and regulations related to commercial filming in national parks. The NPS has rescinded the interim guidance that was in place during litigation and has returned to longstanding laws and regulations governing commercial filming in parks. This means that all commercial filming that occurs within a unit of the National Park System requires a permit.

A permit is required for any motion picture or television filming which involves the use of professional casts, settings, or crews, by any person other than bona fide newsreel or news television personnel.Determination: These regulations are enacted to ensure the protection of park resources, prevent interference with park programs or activities and reduce conflicts with other visitorsThe following are prohibited:

1. Engaging in a filming activity without providing advance notice to the Superintendent when required.

2. Engaging in a filming activity without a permit if the Superintendent has notified the organizer in writing that a permit is required.

3. Violating a term and condition of a permit issued under this action.

Violating a term or condition of a permit issued under to this action may also result in the suspension and revocation of the permit by the Superintendent.

II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT

36 CFR 1.6(f) – Activities that require a permit.The following activities are prohibited without a permit. Criteria for approving or denying permits are established by applicable law (statutes and regulations) and policy. Permitted activities are subject to applicable terms and conditions.

• Launching or landing uncrewed aircraft. 36 CFR 1.5.
• Specimen collection for research purposes. 36 CFR 2.5
• Gathering of plants or plant parts by Federally recognized Indian tribes. 36 CFR 2.6
• Camping in day use areas. 36 CFR 2.6
• Operating a power saw in developed areas and a motor or engine in undeveloped areas. 36 CFR 2.12.
• Operating a public address system 36 CFR 2.12.
• Delivery or retrieval of a person or object by parachute, helicopter or other airborne means. 36 CFR 2.17.
• Soliciting or demanding gifts, money, goods or services. 36 CFR 2.37.
• Using, possessing, storing, or transporting explosives; using or possessing fireworks or firecrackers. 36 CFR 2.38.
• Conducting a special event. 36 CFR 2.50.
• Conducting a demonstration by groups of more than 25 people. 36 CFR 2.51.
• Selling or distributing printed matter and other message-bearing items by groups of more than 25 people. 36 CFR 2.52.
• Running-at-large, herding, driving across, allowing on, pasturing, or grazing of livestock or using the park for agriculture. 36 CFR 2.60.
• Residing on federal lands. 36 CFR 2.61.
• Scattering of human ashes from cremation. 36 CFR 2.62.
• Towing a person using a parasail, hang-glider, or other airborne device 36 CFR 3.12.
• Operating a submersible. 36 CFR 5.3.
• Displaying, posting, or distributing commercial notices or advertisements. 36 CFR 5.1.
• Engaging in or soliciting any business. 36 CFR 5.5.
• Some audio recording (if conditions are met). 36 CFR 5.5.
• Using commercial vehicles on NPS-administered roads. 36 CFR 5.6.
• Constructing or attempting to construct any building, structure, road, trail, path, or utility. 36 CFR 5.7.
• Rights-of-way. 36 CFR part 14.
• Examining ruins, excavating archeological sites, and gathering of objects of antiquity. 43 CFR part 3.
• Commercial filming. 43 CFR 5.2.
• Some still photography (if conditions are met). 43 CFR 5.2.
• Excavating or removing archeological resources. 43 CFR part 7.
• Collecting paleontological resources. 43 CFR part 49.

III. GENERAL REGULATIONS

36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES

2.1 (a)(5) The following conditions are in effect for walking, climbing, entering, ascending or traversing the listed archeological or cultural resource, monuments or statues:

• Visitors on guided tours of Delta-01 are limited to pathways delineated by ropes, signs, stanchions, floor coloring, and other access control devices.

• Visitors are restricted from entering normally closed rooms within the interior of Delta-01 without a special use permit and/or unless accompanied by an NPS official.

• Visitors are restricted from entering the interior of Delta-09 (either the soft support building or the equipment bays) without a special use permit and/or unless accompanied by an NPS official.

Determination: Park management has endeavored to make historic resources open and available to public access. Barriers are placed throughout Delta-01 to protect the historic resources contained within the building and better regulate visitor access and tour flow. The confined spaces inside the Delta-09 launch facility are closed to the public except through access granted by special use permit.

36 CFR §2.4 – WEAPONS, TRAPS, AND NETS

(h) Notwithstanding any other provision in this Chapter, a person may possess, carry, and transport concealed, loaded, and operable firearms within a national park area in accordance with the laws of the state in which the national park area, or that portion thereof, is located. The exception being, firearms are NOT allowed within Federal facilities(structures).

• No firearms are allowed in federal facilities. Federal facilities within the park include the Administrative and public portions of the Visitor Center and headquarters complex, the historic structures at Delta-01, and the public facilities at Delta-01 and Delta-09 (18 U.S.C. 930(a)).

Determination: Park regulation cannot be less restrictive than United States Code.

36 CFR §2.14 - SANITATION AND REFUSE

2.14 (a) (2) The use of government refuse receptacles, garbage cans and dumpsters for the disposal of household, commercial, or industrial refuse, brought as such from private or municipal property is prohibited.

Determination: This provision is enacted to prevent an undue fiscal burden from being placed on the park and to ensure compliance with health and sanitation regulations.

36 CFR §2.15- PETS

2.15 (a) (1) Pets are permitted in Minuteman Missile National Historic Site with some restrictions. Pets cannot be left unattended. While visiting the park, pets must be kept on a leash no more than six feet in length at all times. Pets are only allowed in developed areas at designated exercise areas

Designated Pet Exercise Areas

Pet etiquette dictates always cleaning up animal waste and disposing of it in trash receptacles. The following locations are designated to serve as pet exercise areas:

• Delta-01 – The interior of the fenced public parking area, centered on the pet waste receptacle.

• Delta-09 – The interior of the fenced public parking area, centered on the pet waste receptacle.

• Visitor Center – The interior of the fenced public parking area, centered on the pet waste container.

Pets are prohibited from public buildings (i.e. visitor centers), and historic structures. Leaving animals unattended or tied to a fixed object is prohibited.

Service Animals

Service animals are an exception to most pet restrictions and are allowed on trails and in public buildings. Service animals must be kept on a leash at all times. Service animals are not allowed on the elevator or down in the underground control center at Delta-01, due to their inability to climb the egress ladders in the event of an emergency.

A service animal means any animal that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

A service animal must be harnessed, leashed, or tethered, unless (1) these devices interfere with the service animal’s work, or (2) the individual’s disability prevents them from using these devices. In those cases, the individual must maintain control of the animal through voice, signal, or other effective means.

Determination: Pets will not be permitted in portions of the park where vehicles are prohibited. Pets must be leashed at all times. Pets which are allowed to run loose, have the potential to escape, adversely affecting native wildlife or visitors. For the purposes of this determination, service animals are not considered pets and may be utilized in the park, but not within the underground portions of Delta-01 due to their inability to climb the emergency egress ladders.

2.15 (a) (5) Pet excrement shall be removed by the pet owner/handler from all public use areas.

Determination: Pet waste receptacles are available at all three public parking areas. It is incumbent on pet owners to be responsible for the waste their pets produce, this is not a responsibility of the park.

36 CFR §2.21 – SMOKING

(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:

Smoking and use of electronic cigarettes, personal vaporizers, or electronic nicotine delivery systems are prohibited at or inside:

• Within all government/facilities/vehicles.

• Within 25 feet of any entrance or exit primarily accessed by the visiting public.

• Within 25 feet of any entrance or exit not generally accessed by the public, where smoking would result in smoke traveling through doorways, windows, air ducts, or other openings.

• All park partner/tenant facilities located within the park.

Determination: These restrictions are intended to protect the health and safety of park visitors and employees, protect park resources, reduce the risk of fire and prevent conflicts among visitors use activities. [§2.21(a)] These restrictions are modeled on the guidelines and restrictions that the General Services Administration (GSA) has placed on all GSA-owned or administered facilities. The purpose is to provide for the protection of our employees' health while allowing accommodations and smoking areas for those employees who choose to smoke. The primary considerations for restricting smoking in visitor use areas are public and fire safety.

36 CFR §2.23 – RECREATION FEES

(b) Recreation fees, and/or a permit, in accordance with 36 CFR part 71, are established for the following entrance fee areas, and/or for the use of the following specialized sites, facilities, equipment or services, or for participation in the following group activity, recreation events, or specialized recreational uses:

Delta-01 Tour Amenity Fee (effective January 1, 2019)

Adults (17 & Older) — $12.00
Youth (6-16) — $8.00

All tours of the Delta-01 Launch Control Facility require advanced reservations and an amenity fee.Reservations must be made at least one day in advance. Reservations can be made on-line through Black Hills Central Reservations or by phone at 866-601-5129.

Determination: The authority to establish fees or require permits under this section is provided in 36 CFR 71.2. The Delta-01 tour amenity fee was proposed and approved in 2014. A fee increase was proposed, put out for public comment, and approved in 2018 to raise the fee to be more comparable with like attractions. Off-season same-day ticket sales are allowed through a 2019 agreement with Eastern National.

36 CFR §2.35 –ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES

(a)(3)(i) The following public use areas, portions of public use areas, and/or public facilities within the park are closed to consumption of alcoholic beverages, and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed:

All buildings open to the public (visitor center) and all historic areas (inside the fenced compounds of Delta One and Delta Nine. Open alcohol containers are prohibited in these areas.

Determination: Historically, consumption of alcohol and possession of open alcohol containers was not permitted by the United States Air Force. This site was created to preserve Delta-01 and Delta-09, two of the best examples of the technology and mission critical elements of the missile component of the nuclear deterrent that served to safeguard America during the period between 1962 and 1993. In addition, it has been determined that the consumption of alcohol beverages, or the possession of an open container of an alcoholic beverage, in the park is inappropriate considering:

1. the prohibited locations are primarily set aside to provide an understanding of the events associated with the park themes.

2. these areas are maintained for all visitors to enjoy, appreciate and understand the park’s historic resources.

3. the purpose for which the park was established suggests a certain reverence for the historic role of the site. Alcoholic beverages detract from that reverence.

36 CFR §2.51 (a) (2) FIRST AMENDMENT RIGHTS DEMONSTRATIONS, PUBLIC ASSEMBLIES

Public assemblies, meetings, gatherings, demonstrations and other public expressions of views will be allowed if a permit has been issued in accordance with 36 CFR 2.51 and at locations designated to balance the legitimate needs of persons to express their views and the needs of Park visitors to enjoy the Park and its resources.

The following locations are available for public assemblies:

• Delta-01 – The grassy area immediately southeast of the sidewalk at the passenger unloading section of the parking lot (avoiding the septic system access), not to exceed a dimension of fifty feet by fifty feet.
• Delta-09 – The grassy area south of the parking lot, between the parking lot and the south fence of the property line fence, not to exceed a dimension of fifty feet by fifty feet.
• Visitor Center – An area north of the south entry road to the parking lots and visitor center complex, offset at least five feet from the road and ten feet from the park entrance sign, extending no further than thirty feet to the north.

These areas may be used for public demonstrations; provided that groups of more than 26 people obtain a permit from the Superintendent under 36 CFR 1.6 (Permits) (reference Appendix A).

Demonstrations and the sale of printed matter by 25 or fewer persons may be conducted without a permit (Boardley v. DOI, 2010). Written applications for permits must be submitted to the Superintendent at least 72 hours prior to the date desired for the event. The activity must not conflict with any scheduled NPS function or program.

Determination to provide a location for First Amendment rights demonstrations: This action is necessary to comply with 36 CFR 2.51 (e) to provide maps showing the locations available for public assembly and designating an area for the purpose of First Amendment rights demonstrations.

The areas provided should not unreasonably interfere with visitor service, but should provide substantial public recognition for any public assembly activity (reference Appendix A for maps of assembly areas).

36 CFR §2.52 SALE OR DISTRIBUTION OF PRINTED MATTER

A permit must be obtained from the Superintendent for the sale or distribution of any printed material. The sale of printed matter by 25 or fewer persons may be conducted without a permit (Boardley v. DOI, 2010). Location of such sale or distribution will be limited to those areas allowed by the superintendent.

Determination: Permits of this type are necessary to control the sale or distribution of printed matter since such activity may conflict with the overall safety and enjoyment of the Park by the majority of its visitors.

36 CFR §4.30 BICYCLES

(f) At the visitor center, bicycles are not to be parked under the porch or on the bas relief sculpture. A bicycle rack is located near the RV parking area for bicycles.

Determination: In order to prevent accidents involving bicycles or visitors and to reduce the likelihood of damage to the sculpture, bicycles should be parked at the available rack.

E-bikes

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 Minuteman Missile National Historic Site where traditional bicycles are allowed. E- bikes are prohibited where traditional bicycles are prohibited. Except where 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 Minuteman Missile National Historic Site 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.

36 CFR §5.5 (b) STILL PHOTOGRAPHY

Price v. Barr decision had no impact on how the National Park Service regulates still photography.

A permit is only required for still photography when the action involves photographing any vehicle, other articles of commerce, or models for the purpose of commercial advertising, access to areas not normally open to visitors, or limiting visitor access to an area while the photography is taking place.

All permit requests must be submitted to the Superintendent at least 72 hours prior to the planned event.

Determination: These regulations are enacted to ensure the protection of park resources, prevent interference with park programs or activities and reduce conflicts with other visitors.

Appendix A: First Amendment Assembly Areas

 

Visitor Center and Administrative Complex (Exit 131)
First amendment assembly area denoted in blue

 

Delta One Launch Control Facility (Exit 127)
First amendment assembly area denoted in blue

 

Delta Nine Launch Facility (Exit 116)
First amendment assembly area denoted in blue