Record of Determination for the Temporary Closure of the Frederick Douglass National Historic Site

Pursuant to 36 CFR § 1.5(a)(I) the National Capital Parks-East is temporarily closing the Frederick Douglass National Historic Site. The Frederick Douglass National Historic Site grounds will remain closed to complete heating, ventilation, and air conditioning (HVAC) installation, and visitor center improvements. These closures will remain in effect until March 2023.

Pursuant to 36 CFR § l .5(a)(1), the National Park Service issued a public use limitation for all permitted events and demonstrations covered by the regulations at 36 CFR 7.96 for the Interior Region 1 - National Capital Area (NCA), which includes National Capital Parks-East. The National Park Service will continue issuing permits for demonstrations, photography, and special events within the National Capital Parks-East.

The temporary closures are not of a nature, magnitude or duration that will result in a "significant alteration in the public use pattern." The closures will not adversely affect the park's natural aesthetic or cultural values, nor require significant modification to the resource management objection, nor is it of a highly controversial nature.

Accordingly, the National Park Service determines publication as rulemaking in the Federal Register is unwarranted under 36 CFR § 1.5(c). This is consistent with hundreds of earlier partial and temporary park closures or public use limitations, the legal opinion of the Office of the Solicitor, and judicial adjudications. Mahoney v. Norton, No. 02-1715 (D.D.C. August 29, 2002), plaintiff’s emergency motion for injunction pending appeal denied Mahoney v. Norton, No. 02-5275 (D.C. Cir. September 9, 2002) (per curiam); Picciotto v. United States, No. 99-2113 (D.D.C. August 6, 1999); Picciotto v. United States, No. 94-1935(D.D.C. September 9, 1994); Picciotto v. Lujan, No. 90-1261 (D.D.C. May 30, 1990); Picciotto v. Hodel, No. 87-3290 (D.D.C. January 26, 1988); Spiegel v. Babbitt, 855 F. Supp. 402 (D.D.C.1994), aff'd in part w/o op. 56 F.3d 1531 (D.C. Cir. 1995), reported in full, 1995 US App. Lexis 15200 (D.C. Cir. May 31, 1995). Pursuant to 36 C.F.R. § 1.7, notice of this public use limitation will be made through media advisories, maps, and by posting at conspicuous locations in the affected park areas. Finally, pursuant to 36 C.F.R. § 1.5(c), this determination is available to the public upon request.

Tara Morrison
Superintendent
July 11, 2022