National Park Service
U.S. Department of the Interior
Tumacácori National Historical Park
1891 East Frontage Road
P.O. Box 8067Tumacácori, AZ 85640
Phone: (520) 377-5060
Superintendent’s Compendium
Approved: 12 June 2024
By: Michael F. Medrano, Superintendent
In accordance with applicable law, policy, and pursuant to the delegated authority provided in Title 36, Code of Federal Regulations (36 CFR), Chapter 1, the following compendium actions apply to all lands and waters administered by the National Park Service (NPS) within the boundaries of Tumacácori National Historical Park. 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 Tumacácori National Historical Park. These include:
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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,” then “Chapter 1” to access 36 CFR.
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 the Superintendent (contact information above) if there are any questions or comments about this Compendium.
PART 1 – GENERAL PROVISIONS
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 define in the CFR, the following terms used in this Compendium are defined as follows:
ADMINISTRATIVE ACTIVITIES: means those activities conducted under the authority of the National Park Service for the purpose of safeguarding persons or property, implementing management plans and policies developed in accordance and consistent with Title 36, Code of Federal Regulations, Chapter 1, or repairing or maintaining government facilities, (e.g., contractor, concessioner, researcher).
ELECTRONIC NICOTINE DELIVERY SYSTEM (ENDS): means a battery-powered device capable of delivering inhaled aerosolized nicotine and other additives to the user. ENDS are marketed under a variety of brand names and descriptors, including electronic cigarettes, e-cigs, hookah pens, vape pens, vaporizers and others.
FEDERALLY OWNED BUILDINGS: mean buildings administered by the National Park Service, and include, but are not limited to, visitor centers, administrative offices, maintenance facilities, and shared government quarters; buildings assigned to concessioners or other park partners; and buildings leased for commercial purposes to individuals or entities other than the National Park Service. FIRE: means any combustion of combustible materials of any type outdoors.IDLING: means the engine is running while a car, truck, bus, or any vehicle is stationary.
SERVICE ANIMAL: means any dog, or in certain reasonable instances miniature horses, individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual’s disability. This service animal definition adheres to the guidelines set forth in the current American with Disabilities Act. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the Americans with Disabilities Act.
PACK ANIMALS: means only horses, burros, mules, and llamas.
SKATEBOARD: means a board having a set of wheels mounted under it or on the side, ridden in a standing, crouching or seated position.
UNCREWED AIRCRAFT: means any device that is used or intended to be used for flight in the air 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.
36 CFR §1.5 – Visiting Hours, Public Use Limits, Closures
(a)(1) The following visiting hours and public use limits are established for all or for the listed portions of the park, and the following closures are established for all or a portion of the park to all public use or to a certain use or activity:
Visiting Hours:
Closing the park in the evening hours and listed federal holidays is necessary because the NPS does not have sufficient staff to manage visitors during those times. Leaving trails and facilities open could result in significant damage to the natural and cultural resources in the park, including historic structures, archeological sites, plants, and wildlife.
Closing Calabasas and Guevavi except under the provisions listed is necessary because the sites are detached from the main part of the park and the NPS does not have sufficient staff to regularly staff or patrol those detached units. Leaving those units open could result in significant damage to the natural and cultural resources in those units, including historic structures, archeological sites, plants, and wildlife.
Closures:
Current research indicates inhaling aerosolized vapors from an ENDS has some level of public health risk for nearby people in areas with limited ventilation, and for people with compromised health conditions.
Note: The Service is currently revising regulations to include ENDS under the definition of smoking in 36 CFR §1.4. Once promulgated, §2.21 will apply to the smoking of tobacco and the use of ENDSs.
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Uncrewed aircraft:
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Launching, landing, or operating an uncrewed aircraft from or on lands and waters administered by the National Park Service within the boundaries of Tumacácori National Historical 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 viewshed, and disturbing wildlife. This restriction is required by NPS Policy Memorandum 14-05 dated June 19, 2014.
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All Facilities located on the former Mendez Homestead (Headquarters administrative offices, maintenance shop, storage buildings, fire protection system, septic system and leach field, utility systems, access road and grounds)
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Maintenance storage (metal barn), boneyard and surrounding areas
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Former agriculture fields east and northeast of Headquarters
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Boundey House
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Residence #1
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Trailer/RV sites
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Mission Grounds Well House/pump station
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Mission Grounds administrative access road
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Mission Grounds septic system and leach field
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Interpretation and Education Offices
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Mission Grounds storage facilities
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Calabazas Unit (including ruins and all lands within unit)
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Guevavi Unit (including ruins and all lands within unit)
These restrictions are necessary to provide government efficiency, ensure accountability of government equipment, aid in the restoration of previously disturbed lands, protect sensitive cultural resources, and provide for a safe environment for government employees. Public access to the administrative areas and Calabazas and Guevavi Units may be provided at designated times by ranger-guided tours, special use permits, or upon specific authorization of the superintendent.
This restriction is necessary to prevent a safety hazard and to designate areas where their use causes minimum user conflict. The impact of horses and pack animals on natural and cultural resources is also a consideration in determining where they can be used.
36 CFR §1.5 – Activities Designated for Specific Use or Activity
(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:
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Camping is prohibited on all park lands, except when associated with a park hosted or permitted special event, or when specifically authorized by the superintendent.
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Please refer to §2.10 of this compendium for other specific camping area regulations
This restriction is necessary because the NPS does not have designated camping facilities within the park, is closed during overnight hours, and lacks sufficient staff to manage such use. Occasionally camping is allowed when it is associated with a park hosted or permitted special event, or upon specific authorization of the superintendent. Limiting camping is necessary for the maintenance of public health and safety, protection of the environmental and scenic values, protection of cultural and natural resources, and for the avoidance of conflict among visitor use activities.
The idling of engines adds unnecessary exhaust fumes to the air and noise pollution which diminishes the enjoyment by visitor, disrupts the peace and tranquility of the park, and may lead to increased health risks for visitors and employees.
36 CFR §1.6 – Activities that Require a Permit
36 CFR §1.6(f) The following is a compilation of those activities for which a permit from the superintendent is required:
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Launching or landing uncrewed aircraft. 36 CFR §1.5
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Commercial activities 36 CFR §1.5
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Gathering of plant or plant parts by Federally recognized tribes 36 CFR §2.6
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Carry, possess, or use a weapon (excluding firearms), trap, or net. 36 CFR §2.4(d)
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Specimen collection (take plant, fish, wildlife, rocks, or minerals). 36 CFR §2.5(a)
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Camping in day-use areas. 36 CFR §2.6
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Operation of any type of portable motor or engine, or device powered by a portable motor or engine, except upon a roadway or parking area. 36 CFR §2.12(a)(3)
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Operation of a public address system, except in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51. 36 CFR §2.12(a)(4)
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Delivery or retrieval of a person or object by parachute, helicopter, or other airborne means. 36 CFR §2.17(a)(3)
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Removal of downed aircraft. 36 CFR §2.17(c)(1)
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Geocaching 36 CFR §2.22
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Soliciting or demanding gifts, money, goods, or services (pursuant to the terms and conditions of a permit issued under §2.50, §2.51 or §2.52). 36 CFR §2.37
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Use, possess, store, transport explosives, blasting agents. 36 CFR §2.38(a)
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Using or possessing fireworks and firecrackers. 36 CFR §2.38(b)
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Special events, weddings, organized running events, and any other activities of organized groups that require park oversight or are not part of the normal visitor experience. 36 CFR §2.50(a)
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Public assemblies, meetings, gatherings, demonstrations, and other public expressions of view will be permitted if a permit has been issued in accordance with 36 CFR §2.51 at locations designed to balance the legitimate need of persons to express their views while allowing for the needs of park visitors to enjoy the park and its resources. 36 CFR §2.51(a)
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Sale or distribution of printed matter that is not solely commercial advertising. 36 CFR §2.52(c)
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Running at-large, herding, driving across, allowing on pasturing, or grazing of livestock or using the park for agriculture. 36 CFR §2.60(b)
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Residing on federal lands. 36 CFR §2.61(a)
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Scattering ashes from human cremation. 36 CFR §2.62(b)
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Exceeding established vehicle load, weight, and size limits. 36 CFR §4.11(a)
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Displaying, posting, or distributing commercial notices or advertisements. 36 CFR §5.1
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Engaging in or soliciting any business. 36 CFR §5.3
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Using commercial vehicles on NPS-administered roads. 36 CFR §5.6(c)
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Constructing or attempting to construct any building, facility, trail, road, path, or utility. 36 CFR §5.7
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Rights-of-way. 36 CFR part 14
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Examining ruins, excavating archeological sites, and gathering of objects of antiquity. 43 CFR part 3.
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Commercial filming. 43 CFR §5.2
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Some still photography (conditions listed in §5.2(b)(1) or §5.2 (b)(2)). 43 CFR §5.2
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Excavating or removing archeological resources 43 CFR part 7.
For more information on permit requirements and to obtain appropriate applications, please contact the park’s Chief of Interpretation and Education at (520) 377-5063 or visit www.nps.gov/tuma.
PART 2 – GENERAL REGULATIONS
36 CFR §2.1 – Preservation of Natural, Cultural and Archeological Resources
(c)(1), (c)(2) Collection of a small amount of native fruit is permitted for personal use and/or consumption. The following species are classified as native fruits for the purposes of collecting:
The removal of native fruits in limited quantities does not have an adverse impact on park resources. Commercial harvesting of fruits would deny visitors the opportunity to experience the park in its natural state and could lead to resource degradation.
The removal of fruit from the park’s Heritage Orchard, Courtyard Garden, and areas adjacent to the Tumacácori Visitor Center is prohibited, except when specifically authorized by the superintendent.
The fruit from these areas is intended to be used for interpretive purposes, and/or authorized community harvest events. Fruit may be made available to the public for personal consumption depending on time of year and number of fruits produced.
36 CFR §2.2 – Wildlife Protection
2.2(d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:
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Wildlife must have been lawfully taken and tagged, in compliance with State law.
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Lawfully taken wildlife and tagged wildlife may only be transported on the Tumacácori Unit’s Santa Gertrudis Lane.
Limits the illegal take of wildlife within the park boundaries and requires documented proof that wildlife was lawfully taken outside of park boundaries in compliance with State law.
2.2(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:
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All areas within the park’s boundaries are closed to the use of artificial lights (other than UV) for the purpose of viewing wildlife. The superintendent may, on a case-by-case basis, approve the use of artificial light for the purpose of filming, scientific viewing, or interpretive activities in accordance with DO/RM-53 Filming Guidelines.
An animal’s natural habits and activities can be adversely affected while being artificially illuminated. Some of these activities include feeding, resting, and mating. The proliferation of poor-quality outdoor lighting is the principal threat to the night sky. Reducing the number of multiple lighting systems will allow for activities focused on public enjoyment of dark skies.
36 CFR §2.10 – Camping and Food Storage
2.10(a) Camping is prohibited on all park lands, except when associated with a park hosted or permitted special event, or when specifically authorized by the superintendent.There are no designated camping areas within Tumacácori National Historical Park. Occasionally camping is allowed when it is associated with a park hosted or permitted special event, or when specifically authorized by the superintendent. Limiting camping is necessary for the maintenance of public health and safety, protection of the environmental and scenic values, protection of cultural and natural resources, and for the avoidance of conflict among visitor use activities.
2.10(c) Violation of Special Use Permit Camping Conditions:
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Camping is restricted to the number of nights specified on the permit.
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Within the Fiesta Grounds, the use of tent stakes is prohibited.
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Digging trenches around tents or modifying camp areas is prohibited.
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Group size is limited to the number specified on the permit.
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Do not litter – all trash must be deposited in provided receptacles.
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Do not put trash in outhouse or porta-johns.
36 CFR §2.13 – Fires
2.13(a)(1) The lighting or maintaining of fires is prohibited, except when associated with a park hosted or permitted special event, or when specifically authorized by the superintendent.
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The use of liquid petroleum or LPG fueled stoves, lanterns, or heating devices is allowed, as long as such devices meet the fire underwriter’s specifications for safety.
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When authorized, campfires are permitted in designated fire pans only.
The prohibitions within this section serve to protect the park’s natural, cultural, and archeological resources from the detrimental effects of campfires. In addition, restricting fires to receptacles (where provided) prevents fire scars and contains fire debris to a small area.
36 CFR §2.15 – Pets
2.15(a)(1) Possession of a pet in a closed area
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Pets are prohibited within the Tumacácori Mission Grounds, Tumacácori Fiesta Grounds, Calabazas Unit, and Guevavi Unit. This restriction does not apply to service animals.
2.15(a)(2) Pets must be restrained at all times.
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In areas where pets are allowed, they must be crated, caged, or restrained on a leash that does not exceed 6-feet in length.
2.15(a)(3) Pets must be attended to at all times.
2.15(a)(5) Pet excrement must be disposed of in accordance with the following conditions:
2.15(e) Pets may be kept by park residents under the following conditions:
The above prohibitions or restrictions do not apply to:
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Emergency search and rescue missions or approved training exercises
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Authorized Federal, State, and local law enforcement officers in the performance of their official duties.
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Service Animals as defined by 28 CFR Part 35, Section 34.104 and accompanying an individual with a disability as defined by 43 CFR Part 17.503. (NOTE: Crime deterrent effects of animal’s presence and/or the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of the definition of Service Animal but are considered “pets” with no access rights under federal statute.)
Excluding pets from closed areas provides protection for the park’s cultural, archeological, and ethnographic resources. 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 and may be harmful to wildlife. 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
2.16(a) The following animals are designated as pack animals for purposes of transporting equipment:
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Horses
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Burros
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Mules
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Llamas
2.16(b) The use of horses or pack animals is allowed on the following trails, routes or areas:
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Within the Tumacácori Unit, horses and pack animals are only permitted on the Anza Trail, and Anza Access Trail.
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Horses and pack animals are allowed within the park’s administrative area, Mission Grounds and Fiesta Grounds when associated with a park hosted or permitted special event, or when specifically authorized by the superintendent.
2.16(g) Other conditions concerning the use of horses or pack animals:
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Securing horses or pack animals to any picnic table, Ramada, grill, sign, or any picnic facility is prohibited.
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Securing horses or pack animals to trees or bushes is not allowed when there is a hitch rail available.
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Grazing is prohibited.
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The use of weed-free feed is recommended to prevent the introduction and spread of exotic plant species.
The use of horses and pack animals is restricted to areas where they will not present a safety hazard or create a visitor conflict. The impact of stock on trail surfaces is also a consideration in determining where they can be used.
36 CFR §2.20 – Skating, Skateboards, and Similar Devices
There are no areas within Tumacácori National Historical Park where skateboards, skates, roller blades and/or similar devices may be safely operated without creating a safety hazard or interfering with other visitor uses or vehicle traffic.
36 CFR §2.21 – Smoking
2.21(a) Smoking or utilizing Electronic Nicotine Delivery Systems is prohibited inside all park buildings, within 25 feet of a building entrance, and on the paved trails between buildings in the Mission Grounds. Smoking is prohibited in the areas listed above to protect park resources, reduce the risk of fire, or prevent conflicts among visitor use activities. Smoking within any public building or structure poses a health and fire risk.
36 CFR §2.22 – Property
2.22(a)(2) Property may be left unattended for periods longer than 24 hours in the following areas and under the following conditions:
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Vehicles may be left unattended overnight in designated parking areas only when associated with a park hosted or permitted special event, or when specifically authorized by the superintendent.
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All vehicles and or property left in the park for more than 24 hours are subject to impound (excluding those vehicles permitted above).
36 CFR §2.23 – Recreation Fees
2.23(b) Recreation fees, and/or a permit, in accordance with 36 CFR Part 71, are established for the following entrance fees areas, and/or for the use of the following specialized sites, facilities, equipment or services, or for the participation in the following group activities, recreation events or specialized recreation uses:
Entrance Fees:
Tumacácori Unit:
Special Program Fees:
Calabazas and Guevavi Tours:
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The Calabazas and Guevavi Units are only open at designated times, usually January through March, and only by ranger guided tours. Participants for these tours must make reservations in advance on Recreation.gov. Tickets are $25 per person and includes entrance to the Tumacácori Unit.
36 CFR §2.35 – Alcoholic Beverages
2.35(a)(3)(i) The following public use areas, portions of public use areas, and/or public facilities within the park are closed to consumption of alcoholic beverages, and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed:
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All park areas, except the picnic areas located in the Visitor Center parking lot and picnic tables east of the Visitor Center or when associated with a park hosted or permitted special event, or when specifically authorized by the superintendent.
To protect the visitor experience, historic nature, and furnishings of park facilities, the Superintendent has determined that the consumption and possession of alcohol shall be prohibited except for the locations specified above or on specific occasions and under the terms and conditions of a permit.
36 CFR §2.51 – Public Assemblies, Meetings
2.51(a) The following locations have been designated by the superintendent as designated public assembly areas:
Tumacácori Unit: The island west of the visitor center and visitor center parking area, east of the masonry wall, and from the north to south ends of the masonry wall.
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Areas other than those designated above may be approved by the superintendent, on a case-by-case basis in accordance with the considerations described in 36 CFR §2.51(d), (e), and (f).
36 CFR §2.62 – Memorialization
2.62(b) A permit is required for the scattering of ashes from cremated human remains, in accordance with the following terms and conditions:
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The remains to be scattered must have been cremated and pulverized, in compliance with State law.
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The scattering of remains by persons on the ground is to be performed only in areas approved in advance by the park superintendent.
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No scattering of remains from the air is to be performed over developed areas, facilities, or bodies of water.
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The scattering of cremated human remains must not conflict with other statutes such as the National Historic Preservation Act (54 U.S.C 100101) and/or the Native American Graves Protection and Repatriation Act (25 U.S.C. Chapter 32).
Due to limited surface area in the park and the prevalence of existing natural, cultural, and ethnographic resources, scattering of properly cremated ashes will require thorough analysis to minimize resource impacts.
36 CFR §3.16 – Swimming and Wading
3.16 The following areas are closed to swimming and/or wading:
The Santa Cruz River is contaminated by varying levels of E. coli and heavy metals and may pose a public health risk to people swimming or wading in the river. Bathing in the Courtyard Garden fountain is not compatible with normal visitor use activities and may also pose a public health risk.
36 CFR §4.30 – Bicycles
4.30(a) Bicycle use is permitted only on Park roads and in parking areas that are otherwise open for use by the general public.
4.30(i) Class 1 and Class 2 electric bicycles are allowed on park roads and parking areas where traditional bicycles are also allowed.
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, especially on terrain with changing elevations.
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.