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.

Nicodemus National Historic Site
304 Washington Ave.
Nicodemus, KS 67625

785- 839-4324 phone

Approved:
Cassie Branstetter April 2nd, 2025

 

In accordance with applicable law and policy, and pursuant to the delegated authorities provided in Title 36, Code of Federal Regulations, Chapter 1 (“36 CFR”), the following compendium actions apply to all lands and waters administered by the National Park Service (NPS) within the boundaries of Nicodemus National Historic Site (NICO). This document is the written compilation of designations, closures, permit requirements and other restrictions imposed under the discretionary authority of the Superintendent, as required by 36 CFR 1.7(b). Violating any provision in this Compendium may result in criminal penalties under 36 CFR 1.3.The compendium actions in this document apply in addition to all other laws that apply to lands and waters administered by the NPS within the boundaries of Nicodemus National Historic Site. These include:

• Regulations in 36 CFR and other CFR titles such as Title 43, which contains regulations that apply on public lands administered by the Department of the Interior. The current version of the CFR can be found at www.ecfr.gov. Click on “Title 36” and then “Chapter 1” to access 36 CFR.
• Statute codified in U.S. Code, in particular provisions in Titles 16 and 54.

This Compendium is organized by the sections in 36 CFR that give the Superintendent discretionary authority to take the compendium action. Written determinations that explain why each compendium action is necessary appear in this document in italicized print.

Please contact Superintendent Cassie Branstetter at Nicodemus National Historic Site if you have any questions or comments about the Superintendent’s Compendium.

NPS regulations in 36 CFR 1.4 define certain terms that are used in 36 CFR. Other sections in 36 CFR may define terms that are used in those sections. To the extent any terms defined in the CFR are used in this Compendium, those definitions apply. In addition to terms defined in the CFR, the following terms used in this Compendium are defined as follows:

Day Use Area: Any area consisting of or adjacent to paved parking lots, buildings, or toilet facilities that are open to the general public.

Uncrewed Aircraft: A device that is used or intended to be used for flight 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.

Walkway: Sidewalks, paths, trails, or hard-surfaced areas that are closed to the use of bicycles and motorized vehicles.

 

36 CFR 1.5 – CLOSURES AND PUBLIC USE LIMITS.

36 CFR 1.5(a)(1) – Visiting hours, public use limits and closures.

Visiting Hours:

• Nicodemus National Historic Site Visitor Center is open from 9:00 am to 5:00 pm Thursday through Monday. This includes the AME Church. These are the only buildings in the park open to public entrance. The Visitor Center and AME Church are closed Tuesdays and Wednesdays, Thanksgiving, Christmas, and New Year holidays. Severe weather may cause these buildings to close until such time as it is safe for visitation. The Roadside Park is open daily at all hours.

Closing the Visitor Center and AME Church in the evening, on Tuesdays and Wednesdays, and on Thanksgiving, Christmas and New Year holidays is necessary because the NPS does not have sufficient staff to manage visitors in the buildings during those times.

Public Use Limits:

• The following is prohibited in all buildings:
  • Entering closed areas of historical buildings without the accompaniment of a staff member or officially designated Volunteer.
  • Carrying or consuming food or beverages, or using any tobacco product, in historically refurbished rooms. Exceptions may be granted by the Superintendent for special events in rooms that contain reproduction furnishings.

Restrictions are necessary to prevent unacceptable impacts to park resources and values and to protect and preserve historic structures and furnishings.

Closures:

• The St. Francis Hotel, First Baptist Church and District No. 1 School are closed to entry.

These buildings are closed for reasons of public safety and respect of private owners’ rights.

• All roadways, trails, and other two-tracks, regardless of former use, that are gated and/or marked “Authorized Vehicles Only” are closed to the operation of all motor vehicles, except during administrative use.

These roads are closed to unauthorized motor vehicles to protect cultural and natural landscapes. It is also necessary to protect unsuspecting motorists from the hazards of irregular width, no signage and gravel/dirt surfaces which may be damage by an excessive amount of vehicle traffic.

36 CFR 1.5(a)(2) – Designated areas, conditions or restrictions on a use or activity.

Conditions or Restrictions on a Use or Activity:

• Launching, landing, or operating an uncrewed aircraft from or on lands and waters administered by the NPS within the boundaries of the park is prohibited except as approved in writing by the Superintendent.

This restriction is necessary to prevent unacceptable impacts to park resources and values from the use of uncrewed aircraft. Potential impacts include harming visitors, interfering with rescue operations, causing excessive noise, impacting viewsheds, and disturbing wildlife. This restriction is required by NPS Policy Memorandum 14-05 dated June 19, 2014.

• Filming, still photography, and audio recording activity may require a permit, consistent with 54 U.S.C. 100905.
  • Filming, still photography, and audio recording activity that occurs in closed areas, requires exclusive use of a site or area, or involves a set or staging equipment other than handheld equipment (such as a tripod, monopod, and handheld lighting equipment) requires a permit, unless the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.
  • Filming, still photography, and audio recording that involves more than eight individuals requires a permit, unless the NPS has specifically notified an individual or group that a permit is not required, or if the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.
  • If a permit is required for the reasons stated above, or if the NPS otherwise determines and then notifies an individual or group that a permit is required for a filming, still photography, or audio recording activity, then engaging in that activity without a permit is prohibited. Violating a term or condition of a permit issued by the NPS for a filming, still photography, or audio recording activity is prohibited, and may result in the suspension or revocation of the permit, in addition to any penalties that may apply under 36 CFR 1.3.

Federal law at 54 U.S.C. 100905 states that permits and fees are not required for filming, still photography, or audio recording in park areas if certain requirements are met. These requirements address various topics, including, but not limited to, group size, location, equipment, potential impacts to resources and visitors, and the likelihood that the NPS will incur related administrative costs. If any of these requirements are not met, the law allows the Secretary of the Interior, acting through the NPS, to require a permit for the subject activity. Permit requirements are imposed by the superintendent under discretionary authority provided by 36 CFR 1.5(a)(2), which allows the superintendent to impose conditions or restrictions on a use or activity, consistent with applicable legislation, to implement management responsibilities. The general regulations for permits in 36 CFR 1.6 do not apply to permits issued for filming, still photography, and audio recording, which instead are governed by the statutory provisions in 54 U.S.C. 100905. The imposition of permit requirements, on a case-by-case basis, for filming, still photography, or audio recording does not require rulemaking under 36 CFR 1.5(b). Requiring a permit with reasonable terms and conditions in accordance with statutory requirements at 54 U.S.C. 100905 is not highly controversial, will not result in a significant alteration in the public use pattern of the System unit, will not adversely affect the System unit’s natural, aesthetic, scenic or cultural values, or require a long-term or significant modification in the resource management objectives of the System unit, because the permit requirement is limited in time and scope to the specific activities authorized by the permit, which contain terms and conditions that protect the values, resources, and visitors of the System unit, and implements federal law.

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. 36 CFR 2.5
• Gathering of plants or plant parts by Federally recognized Indian tribes. 36 CFR 2.6
• Camping activities. 36 CFR 2.10
• Operating a power saw in developed areas and a motor or engine in undeveloped areas. 36 CFR 2.12.
• Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas. 36 CFR 2.12.
• Operating a public address system 36 CFR 2.12.
• Fires. 36 CFR 2.13
• 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.
• Displaying, posting, or distributing commercial notices or advertisements. 36 CFR 5.1.
• Engaging in or soliciting any business. 36 CFR 5.3.
• 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.
• Some filming, still photography, and audio recording (depends upon the facts and circumstances; contact the park for more information). 36 CFR 1.5(a)(2) and 54 U.S.C. 100905.
• Excavating or removing archeological resources. 43 CFR part 7.
• Collecting paleontological resources. 43 CFR part 49.

 

36 CFR 2.2 - WILDLIFE PROTECTION

36 CFR 2.2(d) Areas are closed to the viewing of wildlife with the use of an artificial light:

• All Property within Nicodemus National Historic Site

36 CFR 2.4 – Possession of Weapons

• 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, except as otherwise prohibited by applicable Federal law with the exception being: This authority does not extend to Federal facilities within the park (18 USC 930(a)). Federal facilities include all NPS owned and leased structures/buildings within Nicodemus National Historic Site.

36 CFR 2.10 – CAMPING AND FOOD STORAGE.

36 CFR 2.10(a) – Permits, designated sites or areas, and conditions for camping.

• Camping is prohibited except for park sponsored living history demonstrations.

To protect the natural and cultural resources of the park, camping is generally prohibited.

36 CFR 2.11 – PICNICKING.

• Visitors may use the Roadside Park for picnicking.
  • Conditions for Picnicking:
    • The “holding” or “reserving” of additional picnicking sites and or tables, within designated picnic areas, for other individuals, is prohibited.
    • Fires must be contained to grilles.
    • Visitors will deposit all trash in designated refuse containers.

The Roadside Park is a public use area and is intended as a first come first served use for schools, visitors, etc… For these reasons, the reserving or holding of tables has the potential to create user conflicts and is prohibited.

36 CFR 2.13 – FIRES

• The use of campfires is only authorized for park sponsored living history demonstrations when conditions warrant, or by permit on rare occasions, in designated areas.
• All active fire use will be under a continuous fire watch to ensure surveillance for the purpose of identifying and controlling fire hazards, activating an alarm and notification in the event of an escaped fire.
• Metal rings are the only receptacle allowed for the use of fire in designated areas.

36 CFR 2.13(a)(2) The following restrictions are in effect for the use of stoves, or lanterns:

• The use of stoves in buildings, other than existing stoves, is prohibited.
• Existing stove use is restricted to park sponsored living history demonstrations.
• Lantern use is restricted to battery powered light only during living history demonstrations.

Campfires and/or the general use of fire is prohibited with the exception of the rare permitted occasion and park sponsored living history demonstrations or events because it has the potential to escape and damage natural and cultural resources and pose risks to adjoining property.

36 CFR 2.15 – PETS

• Pets are not allowed inside of the Visitor Center or AME Church. This section does not apply to certified service animals.
• Pets must be leashed at all times. This section does not apply to harnessed service dogs accompanying impaired persons.
• Pets may not be tied to natural or manmade features such as trees, fences, posts, or other historic objects.
• Pets must not be left unattended except in parked vehicles and only then if properly provided for according to prevailing weather conditions. Patrols may be conducted to assure pets are not at risk and owners contacted if concerns arise.
• In all areas of the park, pet excrement must be immediately collected and disposed of.

Pets must be leashed to protect all users and resources. For the safety of pets, they must not be left unattended or alone inside a vehicle due to fluctuating/extreme weather conditions. Tying pets to natural or manmade features has the potential to damage them.

36 CFR 2.21 – SMOKING

• The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:
  • All areas of government buildings and historical structures.
  • Except during periods of posted restriction due to extreme fire danger, smoking outdoors is permitted 100 feet from any building with persons required to dispose of all ash and smoldering debris in fireproof containers. Resulting trash and other debris must be disposed of properly.
  • In periods of posted high fire danger, smoking is only allowed in closed private vehicles.
  • All smoking material must be totally extinguished and disposed of in the vehicle before opening the vehicle doors or windows.

For the safety of visitors and staff, smoking is prohibited to prevent secondhand smoke within nonsmoker user groups as well as the perception of second hand smoke, and to preserve and protect the cultural and natural resources of the park during times of high fire danger.

36 CFR 2.22 – PROPERTY

36 CFR 2.22(A)(2)

• Property may not be left unattended for longer than 24 hours except by permission/permit by the Superintendent.

36 CFR 2.31 – TRESPASSING, TAMPERING AND VANDALISM

• The following portions of the historic site are prohibited from trespass, except with express invitation or consent of the person(s) having lawful control of the property or real property.
  • St. Francis Hotel, District No. 1 School.

This is because these structures are privately owned and the NPS strives to protect the rights of private property owners.

36 CFR 2.35 – ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES.

36 CFR 2.35(a)(3) – Closures to alcohol.

• Illegal possession, sale, or use of controlled substances anywhere on the park is prohibited.
• Use of alcoholic beverages, except in conjunction with approved special events or written permission from the Superintendent, is prohibited.

The park is listed in the national Register of Historic Places as a historic property. Efforts are made to interpret the buildings in a historically accurate manner. For these reasons, and to comply with Federal and State Laws, prevent user conflict and to protect historic objects and structures, the Superintendent has determined that proposed consumption and possession of alcohol within the historic site will be reviewed by the Superintendent through the Special Park Uses process.

36 CFR 2.51 – DEMONSTRATIONS AND DESIGNATED AVAILABLE PARK AREAS

36 CFR 2.51(c)(2) – Designated location.

• The following location in the park is designated as a demonstration location. To the left of the Visitor Center walkway, near the shade tree and park benches. A permit is not required for a demonstration in the designated location if it involves 25 persons or fewer and does not involve structures. Demonstration locations are depicted in Attachment A, “Nicodemus NHS Demonstration Location.”

The designated location is in a prominent location near the entrance to the visitor center and will allow individuals and groups to conduct demonstrations in a manner that will allow for effective communication of speech and other protected activities. At the same time, the designated location leaves ample space for visitors to enter and leave the park safely and for the NPS to conduct administrative activities such as interpretive events.

36 CFR 2.52 – SALE OF PRINTED MATTER AND THE DISTRIBUTION OF PRINTED MATTER AND OTHER MESSAGE-BEARING ITEMS.

• The location identified for Demonstration area is designated as available for the sale or distribution of printed matter, and the free distribution of other message-bearing items. A permit is not required for these activities in the designated location if they involve 25 persons or fewer and do not involve structures.

The designated location is in a prominent location near the entrance to the visitor center and will allow individuals and groups to conduct demonstrations in a manner that will allow for effective communication of speech and other protected activities. At the same time, the designated location leaves ample space for visitors to enter and leave the park safely and for the NPS to conduct administrative activities such as interpretive events.

36 CFR 4.30 – BICYCLES.

36 CFR 4.30(i) – Electric bicycles.

• Class 1 and Class 2 electric bicycles are allowed in the following locations where traditional bicycles are also allowed:
  • Park roads and parking areas and the administrative use road going to the NPS property near the water tower.
  • Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited.
  • Except as specified in this Compendium, the use of an e-bike within Nicodemus 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.

Allowing electric bicycles on roads and parking areas will not create new, adverse impacts to resources or visitors because those locations are already used by motor vehicles and traditional bicycles. Electric bicycles provide a recreational opportunity for visitors who want to ride a bicycle but might not otherwise because of physical fitness, age, or convenience. Class 3 electric bicycles, which allow the motor to assist pedaling up to 28 mph, would create unacceptable risks to visitor safety on roads and parking areas in the park due to potential conflicts with heavier and faster motor vehicles, and with other electric bicycles and traditional bicycles, which travel at slower speeds. Accidents that occur at higher speeds increase the risk of serious injury or death.

 

IV. Public Notice

CCTV Use

In accordance with National Park Service (NPS) Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Nicodemus National Historic Site may use Closed Circuit Television (CCTV) security camera monitoring.

The NPS’s use of CCTV for law enforcement and security purposes and will only be to visually monitor public park areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use – which will have adequate privacy and First Amendment safeguards – will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist activity; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals.

This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities, revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters, etc.). This policy does not restrict the use of an Audio/Visual Recording Device (AVRD) in patrol vehicles or officer-worn recording devices used by commissioned rangers.

Operation of CCTV cameras will be in accordance with NPS and Department policy. No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views.

Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.