Record of Determination for a Temporary Closure of a Portion of Fort Totten Park for Protection of Human Health and Safety

Pursuant to 36 CFR 1.5(a), Rock Creek Park, a unit of the National Park Service, is temporarily closing a portion of Fort Totten Park to protect public safety as the U.S. Army prepares to assess the area for the potential presence of WWI-era military munitions. Specifically, beginning 7:00 am Monday May 8, 2023, through 5:00 pm Monday December 11, 2023, the area of Fort Totten Park that is east of Fort Totten Drive, NE, south of Gallatin Street, NE/Metropolitan Branch Trail and north of Brookland Avenue, NE/Farragut Street, NE will be fully closed to all public use. The closed area will be accessible only to National Park Service employees, approved U.S. Army employees, and associated contractors. The temporary closure of this area is necessary to protect public safety from any harm caused by any potential military munitions present in the park. Less restrictive measures are not possible given the need to close the area to protect the public from potentially unsafe conditions.

Accordingly, the National Park Service has determined publication as rulemaking in the Federal Register is unwarranted under 36 CFR 1.5(c). The partial and temporary park closure and public use limitation is consistent with hundreds of other temporary park closures, the legal opinion of the Office of the Solicitor, and judicial adjudications. ANSWER coalition v. Norton, No. 05-0071, (D.D.C. January 18, 2005, Mahoney v. Norton, No. 02-1715 (D.D.C. August 22, 2002), plaintiffs’ emergency motion for appeal for injunction pending appeared 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. Lujan, No. 90-1261 (D.D.C. May 30, 1990); Picciotto v. Hodel, No. 87-3290 (D.D.C. December 7, 1987); Speigel v. Babbitt, 855 F Supp. 402 (D.D.C. 1994), affd in parr wlo op. 56F. 3d 1531(D.C.Cir. 1995), reported in full, 1995 US App. Lexis 15200 (D.C.Cir. May 31,1995).

Pursuant to 36 CFR 1.7, notice of this temporary and partial closure will be made through public outreach and by the posting of signs at conspicuous locations in the affected park area. Finally, pursuant to 36 CFR l.5(c), this determination is available to the public upon request.

Julia Washburn, Superintendent
Rock Creek Park