Record of Determination for the Temporary Closure of Certain Park Roads North of Rock Creek and Potomac Parkway for the 2024/2025 Implementation of the Rock Creek Park White-tailed Deer Management Plan

Under the existing Rock Creek Park Superintendent's Compendium, unless otherwise designated, areas administered by Rock Creek Park are closed to all public use from sunset to sunrise, except for vehicular travel on park roads. During the 2024/2025 implementation of the park's approved White-tailed Deer Management Plan Environmental Impact Statement and Record of Decision, Rock Creek Park will temporarily close the park roads noted below to public access and travel under 36 CFR l.5(a)(1) during the time periods detailed below and from November 1, 2024 through March 31, 2025. When implementation occurs, the closures will be designated by posted signage, roadway gates, and law enforcement officer and/or employee direction. Violation of the closure is prohibited.

The temporary closures are for public safety when, as part of the Deer Management Plan, deer reduction actions will occur after dark when the park is normally closed. Other safety measures will also be in place to protect park visitors and neighbors. These include the use of highly trained biologists from the U.S. Department of Agriculture, who will work under the direction of National Park Service resource management specialists and in coordination with the U.S. Park Police and local law enforcement. Implementing the plan is a critical step toward ensuring the forest is able to support native plants and animals in a sustainable manner for this and future generations.

Temporary road closures from 5:00 p.m. to 4:00 a.m. include:

• Ross Drive;
• Horse Stable Road NW;
• Ridge Road NW, from Grant Road NW to Broad Branch Road NW; and
• Glover Road NW, south of the Rock Creek Park Horse Center.

Temporary road closures from 6:45 p.m. to 4:00 a.m. include:

• Wise Road NW;
• Grant Road NW;
• Joyce Road NW;
• Morrow Drive NW;
• West Beach Drive NW at Parkside Drive NW;
• Beach Drive between Joyce Road NW and Picnic Grove 10; and
• Stage Road NW.

The following roads are currently closed to motor vehicles. These areas may also close to pedestrians, bicyclists and non-motorized recreation from 6:45 p.m. to 4 a.m.:

• Bingham Drive NW;
• Beach Drive from Broad Branch Road NW to Joyce Road NW;
• Beach Drive from Picnic Grove 10 to Wise Road NW;
• Beach Drive from West Beach Drive NW to the Maryland Boundary;
• Sherrill Drive NW.

The temporary closure is not of a nature, magnitude or duration that will result in a "significant alteration in the public use pattern." Other roads will still remain open for vehicle travel. Under the Rock Creek Park Superintendent's Compendium, unless otherwise designated, park land is already closed to all public access from sunset to sunrise, except for vehicular traffic on park roads. Because deer management operations will use park roads, some park roads will need to be closed to help ensure public safety. Although there has been some public controversy regarding deer reduction actions themselves, there is no controversy as to the need for these road closures and other such measures to protect park visitors and neighbors, so these are not closures of a "highly controversial nature." These road closures are also similar to the park's Records of Determination from previous annual implementations of the park's White-tailed Deer Management Plan.

Accordingly, the National Park Service determines publication as rulemaking in the Federal Register is unwarranted under 36 CFR 1.5(b). This determination is consistent with hundreds of earlier partial or temporary closures, the legal opinion of the Office of the Solicitor, and judicial adjudications that have upheld other National Park Service closures and public use limitations to include Spiegel v. Babbitt, 855 F. Supp. 402 (D.D.C.1994) affd in part w/o op. 56 F. 3d 1531 (D.C. Cir. 1995), reportedinfull, 1995 US App. Lexis 15200 (D.C. Cir. May 31, 1995); ANSWER Coalition v. Norton, No. 02-1715 (D.D.C. August 22, 2002), plaintiffs emergency motion for appeal for injunction pending appealed denied Mahoney v. Norton, No. 02-5275 (D.C. Cir. September 9, 2002) (per curium); Picciottov United States, No. 99-2113 (D.D.C. August 6, 2000); Picciottov. Lujan, No. 90-1261 (D.D.C. May 30, 1990); and Picciottov. Hodel, No. 87-3290 (D.D.C. December 7, 1987).

Pursuant to 36 CFR 1.5(c), 1.7, notice of this temporary closure will be made through media advisories, officer and employee directions, roadway gates, and the posting of signs at conspicuous locations in the affected park road areas. Finally, pursuant to 36 CFR 1.5(c), this determination is available to the public upon request.

Brian Joyner
Superintendent, Rock Creek Park