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 36 CFR §1.5, appear in this document identified by italicized print. 36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES(a) The following visiting hours, public use limits, and closures are established:Visitation Hours: The park is open daily from sunrise to sunset, except:
Determination (36 CFR §1.5 (c)): Visiting hours are established to maximize the public benefit achievable with anticipated funding and staffing levels. Days and hours established also take into consideration staff and visitor safety. Restricting night access to the park reduces the possibility of vandalism and theft. Current visiting hours continue established pattern. Seasonal use hours established for the Big Hole National Battlefield lower access road are necessary to protect wildlife and prevent park use as a base of operation by hunters and to prevent confusion regarding the park’s hunting prohibitions. Public Use Limits: A Special Use Permit is required for all non-National Park Service events involving groups of more than 25 people at any of the park sites. Determination (36 CFR §1.5 (c)): Groups of excessive size will not leave enough parking spaces, picnic tables, or enough capacity in the grounds or visitor center for other visitors. Excessively large groups have the potential to disrupt the reflective nature of the visitor experience and diminish visitor understanding and appreciation. Review required for decision regarding a Special Use Permit application can consider seasonal, time of week, and time of day visitation patterns to avoid exceeding park’s infrastructure and personnel capacity. Filming, still photography, and audio recording activity may require a permit, consistent with 54 U.S.C. 100905.
Closures:
36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMITPermits are required for the following (36 CFR §1.6 (a-h)):
36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES(a-b): 43 CFR §7.4 prohibits excavation, removal, damage, altering, or defacing any archeological resources on federal lands, including Indian trust except when such activity is pursuant to permit. The prohibition (36 CFR §2.1 (a)) against possession or modifying of wildlife or fish parts, plants or plant parts, paleontological specimens, cultural or archeological resources, or mineral resources does not apply to interpretive and other activities undertaken by National Park Service personnel or others authorized to act on behalf of National Park Service. There are no areas within the park where visitors may collect dead wood for use except under permit issued in accordance with 36 CFR §2.6 or treaty right. Walking on, climbing, entering, ascending, descending, or traversing an archeological or cultural resource, monument, or statue, including Heart of the Monster, is prohibited, however walking on, climbing, or traversing the unadorned portions of the rock outcropping at Buffalo Eddy is allowed in order to access petroglyphs. Hiking or pedestrian traffic throughout the park is restricted to gravel, compacted surface, paved, or clearly mown trails and areas of mown grass (unless accompanied by National Park Service personnel or upon the rock outcropping at Buffalo Eddy). Non-NPS metal detecting, digging, and climbing of trees is prohibited.(c):The following fruits, nuts, berries may be gathered by hand for personal use or consumption:
36 CFR §2.2 - WILDLIFE PROTECTION(d, f-g): Wildlife lawfully taken outside park boundaries may be transported in or on vehicles and through park sites on publicly accessible vehicular roads under the following conditions:
(e): With the exception of National Park Service conducted or sponsored programs, all park sites are closed to the viewing of wildlife with the use of an artificial light. Determination: The National Park Service does not wish to impede those hunting legally nor impede the transportation of legally taken game. The transportation of game through the park, which is closed to hunting, however, could cause confusion with the park’s hunting regulation. 36 CFR §2.3 – FISHING(a, g): Fishing shall be in accordance with the non-conflicting laws and regulations of the state within whose exterior boundaries a park site is located.(d, g): Fishing within the park from gravel, compacted surface, paved or clearly mown trails and areas of mown grass is allowed except when:
36 CFR §2.38 – EXPLOSIVES(b): Fireworks are prohibited.Determination: Fireworks are prohibited to ensure visitor safety and reduce wildfire risk. 36 CFR §2.4 – WEAPONS, TRAPS AND NETS(e): The Superintendent may issue a permit to possess a weapon, trap or net when necessary to support research activities conducted in accordance with 36 CFR §2.5; for employees, agents, or cooperating officials in the performance of their official duties; or to provide access to lands or waters contiguous to park when other means of access are impracticable or impossible.Determination: None of the provisions in this section or any regulation in this chapter may prohibit an individual from possessing a firearm, including an assembled or functional firearm, in any National Park unit if the individual is not otherwise prohibited by law from possessing the firearm; and the possession of the firearm is in compliance with the law of the state in which the National Park unit is located. However, firearms are prohibited within federal facilities, including leased offices in Chinook, Montana, except as otherwise permitted under 18 USC §930. 36 CFR §2.6 – GATHERING OF PLANTS OR PLANT PARTS BY FEDERALLY RECOGNIZED INDIAN TRIBESThe Superintendent may enter into an agreement with Indian Tribes to authorize the traditional gathering and removal of plants or plant parts for traditional purposes.Determination: This provision for traditional gathering rule supports continuation of cultural traditions of American Indians while supporting the park mission and recognizing tribal sovereignty and the government-to-government relationship between the United States and the tribes. 36 CFR §2.10 – CAMPING AND FOOD STORAGE(a): Camping is not allowed at federally owned park sites administered by the National Park Service except as expressly permitted as part of an event under Special Use Permit.Determination: The prohibition against camping is necessary for the maintenance of public health and safety, there are no facilities onsite to support such use. Prohibiting overnight access to the park reduces vandalism and theft. 36 CFR §2.11 – PICNICKINGPicnicking is allowed during daylight hours in designated picnic areas at Spalding, Heart of the Monster, Canoe Camp, Big Hole National Battlefield, and Bear Paw Battlefield and is prohibited in all other federally owned park sites administered by the National Park Service. All picnic tables are available on a first come-first served basis. No picnic table or picnic area reservations are allowed. These are listed in 36 CFR §1.5, above.36 CFR 2.13 – FIRES(a-d): The lighting of open fires (like campfires) is prohibited at all federally owned park sites administered by the National Park Service. However, charcoal grilling in provided stations (or gas grilling otherwise) is allowed at Spalding, Canoe Camp, Big Hole National Battlefield, and Bear Paw Battlefield picnic areas. Such grilling may be prohibited as posted during periods of high fire danger.Determination: The prohibitions within this section serve the purpose of protecting park natural, historic, and archaeological resources from the detrimental effects of fire. In addition, restricting fire to where charcoal burning containers are provided prevents fire from impacting visits and limits fire debris to a small area. Sparks from fire can start uncontrolled grassland fires, and so are forbidden elsewhere except under those conditions established by the Superintendent under Special Use Permit. 36 CFR §2.14 – SANITATION AND REFUSE(a-b): Other than that associated with National Park Service operations, the use of government refuse receptacles or facilities is allowed only for refuse created during visits to the park such as from picnicking at the park or disposal of vehicle litterbags. Disposal of human body waste may only occur in fixtures provided for that purpose in the public restrooms. Disposing of fish remains in the specific section of park waters from which they were legally taken is allowed. Residents of park housing at Big Hole National Battlefield may dispose of household refuse in the government refuse receptacles provided. See Section 36 CFR §2.15 for information regarding pet waste.Determination: The above statement neither increases nor decreases that already allowed by law, it merely documents that there are no additional uses permitted. Disposal of fish remains from other waters or alternative locations within a watershed contributes to spread of exotic pests. 36 CFR §2.15 – PETS[2](a)(1), (e): Pets are prohibited in all federal facilities; on trails at Big Hole National Battlefield; at the White Bird and Bear Paw battlefield sites; and within the Spalding, Bredell, and Old Chief Joseph cemeteries. Pets may be kept by residents of Big Hole National Battlefield employee housing under the conditions specified in the Housing Plan.(a)(2-5): Where not outright prohibited, pets must be restrained on a leash not exceeding six (6) feet in length and are permitted only in developed areas or on surfaced or mown trails open to the general public. Pets may not be left tied to any object. Pet owners must remove and properly dispose of all solid pet excrement. Government refuse receptacles located out-of-doors may be used for this purpose. Determination: Prohibition of pets in cemeteries, other areas where sensitive subsurface features are known, or natural areas providing wildlife habitat is in keeping with agency-wide approach. Leash requirement provides for the protection of the pet as well as other park visitors, while preventing pets from disturbing or harassing native wildlife. Pet excrement poses a public health hazard in high use areas. All other regulations in this section are in effect to protect unattended pets from exposure to high temperatures and dehydration. 36 CFR §2.16 – HORSES AND PACK ANIMALS(a-g): The use of horses and pack animals is restricted to paved roads only, unless under approved special use permit or as part of National Park Service conducted or sponsored activity.Determination: The use of horses and pack animals is restricted to areas where they will not present a safety hazard or other user group conflicts with visitors. The impact of stock on trail surfaces is also a consideration in determining where they can be used. Trails at White Bird Battlefield, for example, are seasonally soft, resulting in erosion or damage to hiking surfaces. Associated feces can result in smells other visitors might find offensive or promote further spread of exotic species. Special Use Permits may be offered, after careful consideration, for off-road uses recognizing the cultural and historical importance of horses to Native peoples and other residents in the general park area 36 CFR §2.19 – WINTER ACTIVITIES(a): Park roads and/or parking areas open to motor vehicle traffic may be used for skiing, snowshoeing, and similar winter activities at Big Hole National Battlefield.Determination: Relatively limited wintertime traffic allows for reasonably safe use of park roads and parking areas at Big Hole National Battlefield and access to park historic zone otherwise inaccessible under winter conditions. Visitors should check with park staff prior to conducting activity in order to assure compliance and become aware of potential safety concerns. 36 CFR §2.20 – SKATING, SKATEBOARDS AND SIMILAR DEVICESThe use of rollerskates, skateboards, roller skis, coasting vehicles, or similar devices are allowed only in the residential zone of Big Hole National Battlefield.Determination: Other than the relatively protected paved areas in the residential area of Big Hole National Battlefield, outside of public access, there are no reasonably safe accommodations for skating, skateboarding, or similar recreation that would ensure visitor safety and avoid conflicting visitor uses. 36 CFR §2.21 – SMOKING(a): Except for those non-shared government quarters at Big Hole National Battlefield[3], smoking is prohibited in all government buildings and facilities, including those leased by the National Park Service in Chinook, Montana, as well as within 25 feet of a public building entrance or air intake duct. The use of electronic nicotine delivery systems is also prohibited within all government buildings and facilities as well as within 25 feet of a public building entrance. The Superintendent may post notices and further restrict areas where smoking is allowed during periods of high fire danger.Determination: Smoking is prohibited to protect public health, to protect structures and resources from fire danger or smoke, and to minimize conflicts among visitor use activities. There are no designated employee smoking areas within National Park Service facilities. The onsite use of electronic nicotine delivery systems is also regulated to serve the same purpose 36 CFR §2.35 – ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES(a)(3): Consumption of alcoholic beverages and/or possession of a bottle, can, or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal is broken, or the contents of which have been partially removed, is prohibited within all Spalding site cemeteries, Old Chief Joseph Gravesite and Cemetery, Bear Paw Battlefield, and historic areas of the White Bird Battlefield and Big Hole National Battlefield (as accessed by the lower parking area).Determination: The consumption of an alcoholic beverage or the possession of an open container of an alcoholic beverage in cemeteries or vicinity of burials is considered inappropriate and disrespectful by Native descendants of those buried and can adversely impact a reflective, contemplative visitor experience associated with the site’s purpose for establishment and leading to visitor use conflicts. 36 CFR §2.50 – SPECIAL EVENTS(a): Sports events, pageants, regattas, public spectator attractions, entertainments, ceremonies, and similar events where there is a meaningful association between the park area and the events that contributes to visitor understanding may be permitted under Special Use Permit by the Superintendent.36 CFR §2.51-52 – DEMONSTRATIONS AND SALE OR DISTRIBUTION OF PRINTED MATTER§2.51 (c), §2.52 (e)(4): Public assembly areas have been designated within the park and are delineated on maps available from the Superintendent at Nez Perce National Historical Park, 39063 US Highway 95, Spalding Idaho, 83540.The public assembly areas are available for demonstrations under 36 CFR §2.51 and sale or distribution of printed matter under 36 CFR §2.52 and are:
Determination: First Amendment activities for 14 consecutive days or less and involving 25 people or fewer do not require a Special Use Permit to demonstrate or distribute or sell printed matter under their First Amendment rights. However, First Amendment activities without a permit are restricted to the designated First Amendment sites listed above. Those sites were selected by the park for their high visibility and access to the public and for the physical nature of those sites to provide ample room for freedom of speech activities. Activities shall not cause injury or damage to park resources, unreasonably interfere with tranquility or interpretive activities, or create a clear or present danger to park visitors. 36 CFR §2.62 – MEMORIALIZATION(b): A permit is required for scattering ashes in all areas of the park. The remains to be scattered must have been cremated and pulverized. The scattering of remains by persons on the ground is to be performed at least 300 feet from any trail, road, developed area or flowing stream, river or other body of water. Scattering on the ground must result in complete dispersal of ashes so that no obvious piles remain in any one place. No containers/urns are to be left behind or buried. No scattering of remains from the air is to be performed over developed areas, facilities, or bodies of water.36 CFR §4.10 – TRAVEL ON PARK ROADS AND DESIGNATED ROUTESElectric powered mobility assistance devices (i.e. electric scooters or Segway devices) used to help visitors overcome disabilities, are permitted on all park roads, paved trails, and walkways. 36 CFR §4.11 – VEHICLE LOAD, WEIGHT AND SIZE LIMITS(a): Vehicle load, weight and size limits established by state law apply to a vehicle operated on a park road. Where vehicles, under permit, exceed established state weight and size limits, travel on park roads will require a permit issued by the superintendent and establishing conditions for the operation of such vehicle exceeding designated limits.(b): The following are prohibited: (1) Operating a vehicle that exceeds a load, weight or size limit designated by the superintendent. 36 CFR §4.21 – SPEED LIMITS(a-b): The speed limit on all park roads is 15 miles per hour.Determination: These restrictions are in place to protect the public health and safety of those on the narrow roadways, protect the scenic values, wildlife safety, protect the infrastructure of roads, and to reduce conflicts among visitor users. 36 CFR §4.30 – BICYCLESFor the purpose of applying 36 CFR §4.30 at Nez Perce National Historical Park and Big Hole National Battlefield, the following will hold true: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 at both park sites 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 at both park sites 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. (a, d): Bicycle riding is permitted only on public use roads designated for vehicular traffic and parking areas and is prohibited on all park trails, paved or unpaved. Bikes may be walked on pedestrian walkways when necessary to reach provided bike racks. Determination: The use of bicycles is restricted to areas where they will not present a safety hazard or other user group conflicts to visitors, or cause resource impacts. 36 CFR §4.31 – HITCHHIKINGHitchhiking is prohibited within the parks and on park roads.
[2] Service animals are exempt from limitations placed on pets. In compliance with Section 504 of the Rehabilitation Act of 1973, a service animal is any dog or miniature horse trained to do work or perform tasks for the benefit of an individual with a disability. Service animals are allowed wherever visitors are allowed when accompanying an individual with a disability, subject to the following requirements: 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.Should the NPS prohibit service animals in an area closed to pets because (1) allowing them would require a fundamental alteration to the nature of the goods, services, programs, or activities provided to the public in the area, or (2) the presence of a service animal would jeopardize the safe operation of its services, programs, or activities, those closures will be specifically identified in here, in the Superintendent’s Compendium. [3] The current (2019) Big Hole National Battlefield Housing Management Plan states: Seasonal employees living in government furnished housing may not smoke or vape inside government quarters; smoking is only permitted outside. Smoking or vaping is not prohibited in permanent housing units but tenants may be charged for extra cleaning, repainting, and/or carpet replacement when they vacate. |
Last updated: December 19, 2025