Superintendent's Compendium

Introduction to the Superintendent's Compendium

a) Superintendent Compendium Described

The Superintendent’s Compendium does not repeat regulations found in Title 36 Code of Federal Regulations (36 CFR), United States Code and other CFR Titles, which are enforced without further elaboration at the park level. The Superintendent’s Compendium is the summary of park specific rules implemented under 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 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.

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 or found on the Internet.

b) Laws and Policies Allowing the Superintendent to Develop This Compendium

The National Park Service (NPS) is granted broad statutory authority under 54 United States Code (U.S.C.) Section 100101 et.seq. (Omnibus Public Land Management Act of 2009, previously Organic Act of 1916, as amended) 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.” [54 U.S.C. Section 100101(a)].

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 (16 U.S.C. Sections 1a1-1a8), 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.”

54 U.S.C. Section 100501 defines the National Park System as “… any area of land and water administered by the Secretary, acting through the Director, for park, monument, historic, parkway, recreational, or other purposes.”

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, then that Superintendent is obliged to place limitations on public use.

c) 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 the Regulatory Flexibility Act or 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 5 Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and as such, an Environmental Assessment will not be prepared.

d) 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 injure 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?

e) 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.

The rules contained in this Compendium shall not be construed to prohibit administrative activities conducted by the National Park Service, or its agents, in accordance with approved general management and resource management plans, or in emergency operations involving threats to life, property, or park resources.

f) Enforcement of Compendium Requirements

NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.

g) 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. In addition, to any fines or imprisonment an individual may be subject to a period of probation not to exceed five years in length (18 USC 3561).

h) 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
Mojave National Preserve
2701 Barstow Road
Barstow, CA 92311

i) Effective Date of the Superintendent Compendium

The Superintendent’s Compendium is effective on the approval date listed on the first page of the document.

j) Additional Information

Some of the terms used in this Compendium may have specific meaning defined in 36 CFR § 1.4 Definitions.

k) Availability

Copies of the Compendium are available at:
Superintendent
Mojave National Preserve
2701 Barstow Road,
Barstow, CA 92311

 

Superintendent's Compendium

National Park Service
U.S. Department of the Interior
Mojave National Preserve
Castle Mountains National Monument
2701 Barstow Road
Barstow, CA. 92311
[phone] (main)
760-252-6174 (fax)
Superintendent’s Compendium of Designations, Closures, Permit Requirements, and Other Restrictions Imposed Under Discretionary Authority.
Approved:
Debra Hughson, Superintendent
DEBRA HUGHSON
Digitally signed by DEBRA
HUGHSON
Date: 2023.10.17 07:46:23 -07'00'

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 Mojave National Preserve and Castle Mountains National Monument. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7 The Superintendents Compendium must be read in conjunction with Title 36 CFR Chapter 1, Chapters 1-7. It cannot be read as a stand-alone document. Title 36 CFR can be located at https://www.ecfr.gov/current/title-36/chapter-I
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.
For specific definitions see 36 CFR 1.4.

36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIESACTIVITIES THAT REQUIRE A PERMIT
(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:
• Visiting hours for certain facilities and roads have been established for Mojave National Preserve. All current visiting hours are posted on the park's website Mojave National Preserve (U.S. National Park Service) (nps.gov)

Public Use Limits:

• Public use limits have been established for camping, climbing, and hiking in non-developed areas.
• Rock climbing is allowed inside the Preserve with the following restrictions:
  • Bolt drills or devices may not be used for placing or replacing bolts except when authorized by the Superintendent.
  • Chipping of rock faces, gluing of holds onto rock, or intentional removal of vegetation is prohibited.
  • Technical climbing is prohibited within 500 feet of the Hole-in-the Wall visitor center as well as any cultural resources including historic, or prehistoric pictograph, and petroglyph sites.
  • Existing bolts and other fixed anchors deemed unsafe by climbers may be replaced on a piece-by-piece basis with approval from the Park Superintendent.
  • Leaving fixed ropes, webbing, etc. for the purpose of ascending and descending (rappelling) rock walls is prohibited.

Justification: These conditions are necessary to protect cultural and natural resources, and recreational experiences from visual or physical impacts.

• Geocaching and similar recreational activities (e.g., letterboxing) are not authorized in the preserve.

Justification: Geocaching and similar recreational activities (e.g., letterboxing) are treasure hunt games that involve hiding a container and navigating to that container using a GPS device. The container is typically filled with trinkets or other small items of value that the treasure hunter swaps out for a trinket of his/her own. Geocaching is in violation of the abandoned property regulations found in 36 CFR § 2.22.

Camping length of stay restrictions.
Mid Hills and Hole-in-the-Wall campgrounds:

• Limited to a maximum of 14 consecutive days per stay and 30 total days per year
• Site limits are a maximum of 8 people per site with one camping unit (i.e., trailer, motor home converted van, etc.) and one vehicle; or eight people per site with two vehicles.

Backcountry and dispersed camping (not in a designated campground):

• Limited to previously disturbed areas and to a maximum of 14 consecutive days per stay and 30 total days per year.

Justification: Length-of-stay restrictions allow more of the public to utilize a limited number of available campsites. Additionally, in a fragile ecosystem, it allows areas that have been impacted by camping activities to recover.

Closures:

• The following National Park Service buildings and facilities are closed to the public without permission from the Superintendent or their designee:
  • All park residential areas
  • All park administrative offices, ranger stations, and other work areas
  • Maintenance yards and associated buildings
  • Water treatment facilities
  • Sewage treatment facilities
  • Any other service and administrative roads, designated by signs and/or locked gates.

Justification: Residences are rented and occupied by National Park Service employees. Allowing visitor entry or use to these buildings would significantly disturb the privacy and disrupt the residential life of the occupants. The other buildings, facilities, and locations are administrative sites used by the National Park Service in the management and administration of the park. Visitor entry or use of these sites without permission would interfere with the protection of government property, create potentially hazardous conditions for visitors, and interfere with park operations. Because these sites may be in remote areas and/or staffed intermittently, it is not practical to expect park staff to provide for security and safety, and less restrictive measures will not suffice.

Weapons:

• The discharging of weapons is prohibited within one half mile of structures and facilities in the Preserve. This includes but is not limited to: Hole-in-the-Wall Campground, Hole-in-the-Wall Fire Center, Rock House, Mid Hills Campground, Fort Piute, Kelso Dunes, Kelso Depot, Kelso Schoolhouse, Desert Studies Center, lvanpah Desert Tortoise Research Facility, and all employee housing areas.
• The discharging of weapons is prohibited in the Sweeney Granite Mountains Desert Research Center.

Justification: The restriction is necessary to protect visitors that may be involved in recreational activities, and neighbors/employees who live within the Preserve

• All areas of the park are closed to the use of varmint calls, audio attractants, or other artificial or natural means of attracting or disturbing wildlife (including rattling antlers, and verbal bugling imitations) except as otherwise authorized as part of an approved research or resource management activity.

Justification: This restriction is established to protect wildlife from harassment and is the minimum restriction necessary to achieve such protection.

Wilderness:

• Federally designated Wilderness, including trails, is closed to the possession or use of any machine, conveyance, device, or vehicle activated and propelled by a motor, engine, or other non-living power source. The use or possession of these, and other forms of mechanical transport in Wilderness is prohibited. This includes, but is not limited to, cars, motorized bikes, trucks, motorcycles, chain saws, power drills, power saws, generators, and compressors. National Park Wilderness, including trails, is closed to the possession or use of any contrivance for moving people or material in or over land, water, snow or air that has moving parts, that provides a mechanical advantage to the user, and is powered by a living or non-living power source to preserve wilderness character. This prohibition includes, but is not limited to, non- motorized wheeled vehicles, conveyances and devices, such as bicycles, e-bicycles, Segways™ and other Electric Personal Assistance Mobility Devices (EPAMD), carts, game carriers, wheelbarrows, wagons, strollers, hang gliders and paragliders. Wheelchairs as defined in Title V Section 507(c) of the Americans with Disabilities Act (ADA) may be used by persons with disabilities.

Justification: The Wilderness Act of 1964 prohibits these uses in designated wilderness. Allowing such use would place the park in violation of the Wilderness Act. The Wilderness Act Of 1964 (justice.gov)

Unmanned aerial system (UAS):

• Launching, landing, or operating an UAS from or on lands and waters administered by the National Park Service within the boundaries of Mojave National Preserve and Castle Mountains National Monument is prohibited, except as approved in writing by the Superintendent pursuant to 36 CFR § 1.5(a)(1); 36 CFR § 1.5(f).

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.

Justification: This restriction is to protect the public from hazards and preserve the park's natural, aesthetic, and scenic values. The use of unmanned aircraft devices, such as Unmanned Aircraft Systems, (UAS) or drones, has the potential to interfere with public safety by posing an in-flight hazard to other legal aircraft use in the park. The use of these devices also has the potential to disrupt wildlife by interrupting migration, nesting, mating, and hunting activities to include, but not limited to protected species such as the desert tortoise, bighorn sheep, and golden eagles, as well as native birds and mammals. This restriction is in accordance with NPS Management Policy 8.2 which prohibits recreational uses that conflict with the scenic, natural, and historic values the park was designated to protect, and the associated activities in which individuals seek solitude and tranquility with an expectation of privacy. About half of Mojave National Preserve is designated wilderness, which mandates that the areas should provide “outstanding opportunities for solitude or a primitive and unconfined type of recreation.” Launching and landing of UASs in the preserve heightens risk of adverse impacts to wilderness character and values.

Filming:

• The organizer of any other type of filming activity must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit if necessary to: maintain public health and safety; protect environmental or scenic values; protect natural or cultural resources; allow for equitable allocation and use of facilities; or avoid conflict among visitor use activities.
• If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. The Superintendent will provide the basis for denial in writing upon request.

The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10-day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit.

The following are prohibited:

• Engaging in a filming activity without providing advance notice to the Superintendent when required.
• Engaging in a filming activity without a permit if the activity takes place in wilderness area or if the Superintendent has notified the organizer in writing that a permit is required.
• 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. See 36 CFR 1.6

Justification: On January 22, 2021, the United States District Court for the District of Columbia issued its decision in Price v. Barr, No. 19-3672, (D.D.C. Jan. 22, 2021). The court held that the requirements in 54 U.S.C. § 100905, 43 C.F.R. Part 5, and 36 C.F.R. § 5.5 that those engaged in “commercial filming” must obtain permits and pay fees are unconstitutional under the First Amendment. The court entered a permanent injunction preventing the National Park Service (NPS) from implementing and enforcing those permit and fee require.

In its decision in Price vs. Barr, the court acknowledged that the NPS has a substantial government interest in protecting park resources but determined that the permit requirement was not related closely enough to achieving this interest. The court objected to the fact that all commercial filming activities must obtain a permit no matter the potential for resource impacts. According to the court, this was an overly broad burden on First Amendment speech. The court suggested that a permit requirement more closely tailored to the threat posed by high- impact filming may be acceptable. The court also held that the NPS did not have a sufficient interest to support charging location fees for commercial filming.

• For questions relating to this matter, please contact the Special Park Uses coordinator at e-mail us. Note that fees are required for most other permit activities.

Passenger-Carrying Vans and Buses:

• Engines must be shut down when not underway or loading/unloading passengers.

Justification: The idling of bus engines adds unnecessary exhaust fumes to the air and diminishes the enjoyment by visitors of the peace and tranquility of the park.

36 CFR §1.6 - ACTIVITIES THAT REQUIRE A PERMIT
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 except for firearms allowed under Section 512 of Public Law 111-24.
• §2.5(a) Specimen collection of plant, fish, wildlife, rocks, minerals, or fossils of any natural or cultural materials.
• §2.12 Audio disturbances:
  • §2.12(a)(2) Operating a power saw in developed areas.
  • §212(a)(3) Operation of any type of portable motor or engine or device powered by a portable motor or engine in non-developed areas.
  • §212(a)(4) Operation of 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(a)(3) Delivery or retrieval of a person or object by parachute, helicopter, or other airborne means.
• §2.17(c)(1) Removal of a downed aircraft and all component parts.
• §2:51(a) Permitted public assemblies, meetings, gatherings, sale, demonstrations, parades, and other public expressions of views require a permit when the activity involves more than 25 persons or is requested for a location outside the identified designated areas. Smaller groups may still apply for a permit in order to guarantee their use of a particular area. The following locations are designated for First Amendment activities:
  • Kelso Depot Visitor Center, at least 50 feet away from the SW side of the visitor center building.
  • Hole-in-the-Wall Visitor Center, at east end of the visitor center parking lot.
  • Barstow Headquarters, at least 50 feet away from the building in the SW corner of the parking lot.
  • Groups of 25 or less meeting all the conditions listed in the Interim rule to 36 CFR 2.52 published in the Federal Register/ Vol. 75, No. 201 on Tuesday, October 19, 2010 are not required to have a permit for activities listed in §2.51(a) and §2.52(a)
• §2.60(b) Livestock use
  • Domestic sheep and goats are prohibited.
• § 5.6(c) The Superintendent can issue a permit to access private land within or adjacent to the park when access is otherwise not available. -Authorization can be secured by calling or emailing the Preserve’s special park uses coordinator: e-mail us

§5.7 Constructing or attempting to construct a building, or other structure, boat dock, road, trail, path, or other way, telephone line, telegraph line, power line, or any other private or public utility, upon across, over, though, or under any park areas, except in accordance with the provisions of a valid permit, contract, or other written agreement with the United States, is prohibited

§5.10(a) Operation of eating, drinking, or lodging establishments on private lands

§6.9(a) Operation of a solid waste disposal site

36 C.F.R. Part 9, Subpart A regarding operations on patented and unpatented mining claims and millsites, including access and use of roads.

“No operations shall be conducted within any unit until a plan of operations has been submitted by the operator to the Superintendent and approved by the Regional Director. All operations within any unit shall be conducted in accordance with an approved plan of operations” (36 C.F.R. § 9.9)

The authority for NPS to require a Plan of Operations derives from the General Mining Law of 1872 (R.S. 2319; 30 U.S.C. 21 et seq.); the National Park Service Organic Act of August 25, 1916 (39 Stat. 535, as amended (16 U.S.C. 1 et seq.); and the Mining in the Parks Act of September 28, 1976; 90 Stat. 1342 (16 U.S.C. 1901 et seq.)). The NPS promulgated the regulations at 36 C.F.R. Part 9, Subpart A, in accordance with these laws. The regulations clearly require operators to submit to the NPS a proposed plan of operations describing their intended operations, including all access to and from any claims or millsites.

PART 2 – RESOURCE PROTECTION, PUBLIC USE, AND RECREATION
36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES

(a)(4) Dead wood on the ground may not be collected for use as fuel for campfires within the park.

• Using or possessing any wood or kindling of any kind gathered from within the preserve is prohibited.

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

• Technical climbing within 500 feet of any known archeological site is prohibited.

36 CFR §2.2 - WILDLIFE PROTECTION

(d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:

• In accordance with applicable state and federal laws for the taking of wildlife.
• Wildlife that is transported shall be completely covered or otherwise kept out of view. Persons transporting legally taken game must possess a valid state hunting license.
• Park law enforcement staff is authorized to check wildlife so transported for adherence to these conditions and state regulations that apply.

Justification: Since hunting is allowed in the preserve, the Superintendent has determined it is reasonable to transport legally taken wildlife in the park.

(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:

• All areas of the Preserve are closed except when utilized while hunting under the following conditions: (Title 14 CA Code of Regulation §264 – Use of Lights While Hunting)
• Only 9-volt lights or smaller, held by hand, or worn on the head are permitted.
• Persons using such lights must be on foot.
• Lights may not be used in or from a vehicle and may not be attached or powered from a source other than self-contained batteries.

Justification: The use of artificial light to view wildlife disturbs the animals in their natural habitat and may be indicative of illegal hunting activities known as “spotlighting”. This regulation does not pertain to using a light at night for navigational or utilitarian purposes (i.e., pitching a tent, preparing food). This regulation pertains specifically to shining the light on or at wildlife.

36 CFR §2.4 - WEAPONS, TRAPS AND NETS

In accordance with §2.4(a) (1-2) weapons, traps, or nets may be carried, possessed or used at the following designated times and locations where the taking of wildlife is authorized by law.

• Target shooting is prohibited within the preserve
• Legal hunting weapons as defined per California Department of Fish and Wildlife regulations may be carried in the preserve during state designated hunting seasons and with possession of a valid hunting license. Outside of hunting season, weapons are prohibited except in accordance with California state laws.
• Hunting within 200 yards of any natural or artificial water source for a period of more than thirty minutes.
• The collection of amphibians and reptiles will not be permitted without a valid research permit issued by the Superintendent.

In accordance with Section 512 of Public Law 111-24, persons possessing firearms within Mojave National Preserve and Castle Mountains National Monument must comply with the firearms laws of the State of California and any applicable Federal Law. Within the Preserve, the following buildings are designated as "federal facilities" and shall be signed to indicate that firearms are prohibited inside these buildings in accordance with 18 USC 930:

• All headquarters buildings, visitor centers, visitor contact stations, and comfort stations.
• All water and sewage treatment facilities.
• All backcountry cabins and fire lookouts.
• Any other building so identified by a sign on the entrance notifying that firearms are not allowed inside in accordance with 18 USC 930.

Justification: Federal facilities are buildings or parts thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing official duties. 18 USC 930 is Federal law that supersedes Section 512 of Public Law 111-24 and prohibits the possession of a firearm or other dangerous weapon in a Federal facility unless specifically authorized. All concession facilities within the park are owned by the National Park Service and various park employees routinely perform work functions within those facilities.

36 CFR §2.10 - CAMPING AND FOOD STORAGE
(a) The sites and areas listed below are designated for camping activities as noted. A reservation system is established for certain campgrounds or camping activities, and conditions for camping and camping activities are in effect as noted:

Developed campsites in Mid Hills Campground and Hole-in-the-Wall Campground and limited developed at Kelso Dunes.

• The following conditions apply to camping in developed areas:
  • Camping must be done within the design capacity of each site with a maximum of two (2) tents and six (8) people per campsite.
  • Vehicles may only be parked in designated parking spaces/sites. No more than two (2) vehicles per site. Additional vehicles must be parked in designated overflow parking areas in each campground.
  • Quiet hours at all developed camping areas are from 9 PM to 7 AM.
  • Operational hours for generators in developed campgrounds are limited to 8 AM - 7 PM.
• Camping in non-designated areas will be allowed in previously used or disturbed sites outside of "day-useonly" areas. At any location in the backcountry with the following conditions:
  • Campsites must be more than 200 yards from any natural or constructed water source.
  • For the Kelso Dunes area, camping is prohibited along the Kelso Dunes access road, the parking lot, and the area north of the road to the crest of the dunes (or a distance of one mile), Camping is permitted at the disturbed site at the end of the road and all points ¼ mile to the west of that point.
  • Camping and overnight parking is prohibited along Zzyzx Road including the visitor day use area parking lot.
  • Camping is prohibited within ½ mile of Fort Piute and the access road to the site from the boundary along Piute Creek.
  • Camping is prohibited within ½ mile of Kelso Depot.

Camping is limited to 14 consecutive days in any campground in developed areas, or camping is limited to no more than 30 cumulative days per calendar year in all areas of the park.

Justification: These conditions are established to protect the natural and cultural resources in the park, provide for the enjoyment of the public, and provide for public safety
Conditions for the storage of food are in effect, as noted, for the following areas:

• All food and food containers must be stored in a manner that prevents access to wildlife.

Justification: This is necessary to prevent food conditioning and habituation of wildlife.

36 CFR §2.13- FIRES
(a)(1) The lighting or maintaining of fires is generally prohibited except as provided for in the following designated areas or receptacles, and under the conditions noted:

• Designated Areas: Developed campgrounds and existing dispersed campsites with existing fire rings (metal or rock) or with the use of a fire pan. New fire rings may not be established.
• Receptacles Allowed: Fire pans are approved for fires in designated areas with ash removal required.
• All ashes must be removed after use.

Established Conditions for Fires:

(a)(2) The following restrictions are in effect for the use of stoves or lanterns:

• Stoves and lanterns (that are gas combustible) must be monitored when in use. Lanterns are not permitted to be hung from vegetation.

(b) Fires must be extinguished according to the following conditions:

• Fires must be fully extinguished (i.e., cool to the touch) when not in use.

Justification: These conditions prevent wildland fires. As posted during periods of potential fire danger, Mojave National Preserve and Castle Mountains National Monument may implement burning and fire restrictions or adopt those in effect on adjacent federal, state, local, and municipal lands. Park managers may also consult with non-adjacent U.S. Forest Service, state, local, and municipal land managers. These park restrictions will be posted on the park’s website and social media accounts.

36 CFR §2.14 - SANITATION AND REFUSE

(a)(2) Conditions for using government refuse receptacles or other refuse facilities:
Household trash generated by authorized camping activities may be placed in receptacles designed for that purpose in developed campgrounds. In all other instances, the dumping of commercial, household, or industrial refuse, brought in from private or municipal property, in government receptacles is prohibited.
(b) Conditions for the disposal, containerization or carryout of solid human body waste have been established for the following:
Human waste, all toilet paper and hygiene products must be packed out as trash where public toilets are not available.

36 CFR §2.15 – PETS
(a)(5) Pet excrement must be disposed of in accordance with the following conditions:

• Pet excrement must be taken out or disposed of in a trash receptacle.

Where hunting is allowed, the following conditions apply for use of dogs for support of such activity in accordance with Federal and State laws:

• Dogs used in support of hunting activities (bird dogs and retrievers only) must carry identification tags or be tattooed. The identification shall comply with state and county ordinances. When not used in lawful hunting activities, bird dogs and retrievers must be on a leash.

(e) Pets may be kept by park employees under the following conditions:

• Pets may be retained by park employees residing in the park residential areas in accordance with the Housing Management Plan, Park Quarters Agreement, and Park Pet policies. Pets must always be restrained, and pet owners are subject to all applicable regulations.

Justification: These conditions protect the park's natural resources and provide for public health and safety.

36 CFR §2.16-HORSES AND PACK ANIMALS

(a) The following animals are designated as pack animals for the purposes of transporting equipment:

• Horses, mules, alpacas, camels, and llamas.

(b) The use of horses or other pack animals is allowed on the following trails, routes, or areas:

• All trails, backcountry roads, and open country-including wilderness areas in the preserve.
• Free-trailing or loose herding is prohibited in the Preserve.

Other conditions concerning the use of horses or pack animals:

• Feed must be brought into the preserve.
• Ranging or grazing without a valid permit is prohibited.
• Feed, hay, and straw must be weed free.
• Horse camps shall be at least 200 yards from a water source.
• All manure from camp and staging areas must be removed from the Preserve.
• Up to 7 animals are allowed per group; otherwise, a special-use permit is required. Contact 760-221-4740 or e-mail us.

Justification: These policies protect the parks natural resources.

CFR §2.17 - AIRCRAFT and AIR DELIVERY

(a)(1) There are no designated airstrips on preserve lands for public use.

• Private aircraft must be in accordance with all Federal Aviation Administration regulations, including a recommended minimum altitude of 2,000 feet.

(c)(1) The removal of a downed aircraft, components, or parts thereof is allowed, subject to written authorizations from the superintendent, under the following terms and conditions:

• The removal of downed aircraft, components, or parts thereof requires the approval of the Park Superintendent through a special-use permit. Contact: e-mail us or 760-221-4740.

Justification: The removal of downed aircraft requires careful planning to limit further damage to natural and cultural resources and wilderness character. Aircraft, especially military aircraft, may contain hazardous materials, including explosive devices.

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:

• The smoking of cigarettes, cigars, pipes, and the use of E-Cigarettes, Vapor Cigarettes, or similar devices is prohibited in government buildings, structures, and facilities except for some residences as noted in the Park's Housing Management Plan.
• Smoking is prohibited within a 20-foot distance of the exterior of public structures.
• Smoking is prohibited within 50 feet of aircraft or automotive refueling pumps.

Justification: This prohibition is necessary to reduce the risk of fire in historic public-use buildings, to reduce the health hazards of secondhand smoke, or other harmful substances to visitors, and to prevent conflicts between smokers and nonsmokers.

36 CFR §2.23- RECREATION FEES

Recreation fees, 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 activities, recreation events or specialized recreation uses:

Entrance Fee Areas:

• No entrance fees are collected.
• Camping fees are required at Hole-In-The-Wall and Mid-Hills campgrounds. The usual fee for camping at these grounds is $12 per diem.
• The Group and Equestrian campgrounds must be reserved; usual fee is $25 per diem.

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 NPS administrative buildings and work areas.

• The interior of all caves within the preserve.

Justification: These conditions are necessary to provide for visitor and employee safety

(a) Park roads open for travel by motor vehicle are those indicated below or as indicated in the following publication or document:

• A current AAA map of San Bernardino County; or
• A current National Geographic Trails Illustrated map; or
• A current Mojave National Preserve brochure map

No routes or areas are designated for off-road vehicle travel in the Preserve. California
"Green Sticker" and "Red Sticker" programs are not recognized in the Preserve. Off-
highway vehicles operating in Mojave National Preserve must be legal in accordance with
California Department of Motor Vehicles requirements for on-highway use.

(c)(1) Track-laying motor vehicles or other motor vehicles equipped with a similar traction device may not be operated in the Preserve.

Justification: The NPS has a duty to protect the natural and cultural resources and values of the Preserve. Types of vehicles not permitted in the Preserve are ones which can have the potential to cause the damage to resources.

Commercial Vehicles:
Drivers of commercial, diesel-fueled motor vehicles carrying passengers are prohibited from idling their engines in the parking areas of developed sites. The noise and fumes caused by these engines severely impacts the natural experience sought by many visitors.

Justification: Diesel fumes are toxic, and the noise associated with idling passenger vehicles and buses adversely impacts the visitor experience and disturbs wildlife.

Off-Highway Vehicles (OHVs) and All-Terrain Vehicles (ATVs)
The operation of Off Highway Vehicles (OHVs) is prohibited within Mojave National Preserve and Castle Mountains National Monument, including on or along paved roadways. This prohibition applies to vehicles that meet the definition of off-road motor vehicles that are licensed for on-road or highway use by other state governments. "Off-road motor vehicle" is defined by Executive Order Number 11644 (37 Federal Register 2887). Off-Highway motor vehicles may be allowed for administrative purposes, such as fire control, search and rescue, law enforcement, emergency medical services, resource management activities, and maintenance when approved by the Superintendent.

Justification: The Superintendent has determined that the use of off-highway motor vehicles within the park is inconsistent with the mission of the park and other visitor pursuits and is further prohibited to protect the fragile resources of the park and ensure visitor safety.

Road Closures:
Park roads and buildings are subject to temporary closure at any time for visitor safety. Environmental road closures are established and identified on the park's website. During snow, monsoon sediment and debris clearing operations or when otherwise posted, park roads are closed to all use, including hiking, and bicycling (including e-Biking). These closures are established to protect visitors and equipment operators and are the minimum restrictions necessary to achieve such protection. Mojave National Preserve (U.S. National Park Service) (nps.gov)

Justification: Environmental Road closures are due to hazards such as snow or rain. Storms, floods, snow drifts, repairs or construction activities, or other unforeseen events, may require temporary closure of park roads or facilities to protect public and employee safety. Road and facility closures will be posted on the park's Twitter, Instagram, or Facebook sites as well as the preserve’s webpage. Mojave National Preserve (U.S. National Park Service) (nps.gov)

36 CFR §4.11-VEHICLE LOAD, WEIGHT and SIZE LIMITS
The Preserve has no load, weight, or size limits that are more restrictive than the State or County laws.

36 CFR §4.21 - SPEED LIMITS
(b) The following speed limits are established for the routes/roads indicated:

The posted speed limit in Kelso is 25 miles per hour (MPH).

The speed limit on Kelbaker Road from north of the Kelso-Cima Road junction to just south of the Kelso Depot railroad crossing is 25 mph.

The speed limit for Hole-in-the-Wall and Mid Hills campgrounds is 15 MPH.

The speed limit for Wildhorse Canyon Road, Zzyzx Road, and Kelso Dunes [access] Road is 25 MPH

The maximum park speed limit on paved roads is 55 mph. Other speed limits are as stated in 36 CFR 4.21(a) or as posted.

All non-paved roads or routes in the preserve are 35 MPH unless otherwise posted.

Justification: The Superintendent may designate and post reduced speed limits in accordance with changing road conditions such as debris, infrastructure failure or other health and safety reason.

36 CFR §4.30 – BICYCLES

• Bicycle and e-bike use are permitted on park roads and parking areas.

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 Mojave National Preserve and Castle Mountains National Monument 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 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 §4.31 – HITCHHIKING

Hitchhiking or soliciting transportation shall be permitted within Mojave National Preserve and Castle Mountains National Monument under the terms and conditions noted:

• Hitchhiking, or the soliciting of transportation, is allowed anywhere in the park if the person is not on a paved road shoulder, and if visitor safety and traffic flow are not adversely affected.

Justification: Hitchhiking can provide a means for hikers to return to their vehicles or to/from trailheads. This often includes people from foreign countries who are traveling without a personal vehicle.

– END –