Superintendent's Compendium

Washita Battlefield National Historic Site

NPS Photo

Signed May 23, 2022 by Superintendent Kevin Young, and will remain in effect until amended or rescinded.

1. INTRODUCTION

The Superintendent’s Compendium is the summary of park specific rules implemented under 36 Code of Federal Regulations (36 CFR). It serves as public notice, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on public use and resource protection regulations pertaining specifically to the administration of the park. The Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States Codes and CFR Titles, which are enforced without further elaboration at the park level.

The regulations contained in 36 CFR, Parts 1-7, are the basic mechanism used by the National Park Service (NPS) to preserve and protect the natural and cultural resources of the park and to protect visitors and property with the park.

In addition, Title 54 U.S.C. §100751(a) allows the NPS, through the Secretary of the Interior, to “prescribe such regulations as the Secretary considers necessary or proper for the use and management of System units.”

2. SUPERINTENDENT’S COMPENDIUM

In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7, authorized by Title 54 U.S.C. §100751, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Washita Battlefield National Historic Site. 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 1.5(c), appear in this document identified by italicized print.

36 CFR § 1.5 Closures and Public Use Limits

1. The following schedule of visiting hours has been established for the areas and periods indicated:

1. Administration Offices are open from 8:00 a.m. to 4:30 p.m., Monday through Friday.

2. The park visitor center is open from 8:00 a.m. to 4:30 pm, daily except Thanksgiving Day, Christmas Day, December 25, and New Years Day, January 1.

3. The park grounds are open from 30 minutes prior to sunrise to 30 minutes after after sunset.

2. The possession or use of fireworks, firecrackers or other explosive devices is prohibited within the boundaries of the park. No permits for the use or possession of fireworks, firecrackers or other explosive devices of any kind will be issued by the Superintendent.

3. Audio Disturbances
   In order to prevent audio amplification systems from interfering with visitor use activities and park neighbors, the park has established an audio disturbance guideline to govern the volume of audio systems used in the park.

The following are prohibited:

• Operating equipment, including an audio device such as a radio, sound system or musical instrument, in a manner that exceeds a noise level of 60 decibels measured on the A-weighted scale at 50 feet

• Or, if below that level, audio amplification that interferes with visitor use activities such as interpretive talks, the audio component of park exhibits, or that makes noise which is unreasonably disruptive, considering the nature and purpose of the actor’s conduct, location, time of day, purpose for which the area was established, impact on park users, and other factors that would govern the conduct of a reasonably prudent person under the circumstances.

• Operating a public address system, except in connection with a public gathering or special event for which a permit has been issued.

4. Activities such as speeches, formal ceremonies or other activities that may disrupt the private reflections of other visitors are prohibited. See the following Permits section for information on Special Use Permits issued by the Superintendent.

5. Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Washita Battlefield National Historic Site is prohibited except as approved in writing by the Superintendent.

The term "unmanned aircraft" means a 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, drones) that are used for any purpose, including for recreation or commerce.

36 CFR § 1.6 Permits

(a) When authorized by regulations set forth in this chapter, the Superintendent may issue a permit to authorize an otherwise prohibited or restricted activity or impose a public use limit. The activity authorized by a permit shall be consistent with applicable legislation, federal regulations and administrative policies, and based upon a determination that public health and safety, environmental or scenic values, natural or cultural resource, scientific research, implementation of management responsibilities, proper allocation and use of facilities, or the avoidance of conflict among visitor use activities will not be adversely impacted.

(f) A compilation of those activities requiring a permit shall be maintained by the Superintendent and available to the public upon request.

Special Use Permits issued by the office of the Superintendent are required for, but not limited to:

1. Special Events.
2. Public assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of views.
3. Sale or distribution of printed matter.
4. Commercial uses.
5. Scattering of human ashes.
6. Residing on Federal Lands.
7. Aircraft landing and delivery.
8. Public address system or use of audio device.
9. Research specimen collection.
10. Filming; see below.

The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:

• Outdoor filming activities involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras.
  Generally, permits are not required for:
  •Visitors using cameras and/or recording devices for their own personal use.
  • Sound technicians, and film or video news crews at breaking news events.
  • NPS filming or photography, Department of the Interior Audiovisual Center filming or filming/photography done pursuant to a cooperative agreement or contract.

The organizer of any other type of filming activity must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit if necessary to:

• maintain public health and safety;

• protect environmental or scenic values;

• protect natural or cultural resources;

• allow for equitable allocation and use of facilities; or

• avoid conflict among visitor use activities.

If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. The Superintendent will provide the basis for denial in writing upon request. The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10 day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit. The following are prohibited:

1. Engaging in a filming activity without providing advance notice to the Superintendent when required.

2. Engaging in a filming activity without a permit if the Superintendent has notified the organizer in writing that a permit is required.

3. Violating a term and condition of a permit issued under this action.

Violating a term or condition of a permit issued under to this action may also result in the suspension and revocation of the permit by the Superintendent.Special Use Permit Applications require at least 10 business days for a Record of Decision. Applications that may need the park to consult with the Cheyenne and Arapaho Tribes will require, at minimum, 30 business days.

36 CFR § 2.1 Preservation of natural, cultural, and archaeological resources

(c)(1) The Superintendent may designate certain fruits, berries, nuts, or unoccupied seashells which may be gathered by hand for personal use or consumption upon a written determination that the gathering or consumption will not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.

1. Except for management purposes, walking off designated trails, walking on identified mounds and other archaeological resources is prohibited.

2. Reasonable quantities (less than one gallon) of cherries and plums may be gathered for personal use or consumption. Limited consumption of these resources does not adversely affect the reproduction of plants or wildlife's food source.

36 CFR 2.2 Wildlife Protection

(e) The Superintendent may designate all or portions of a park area as closed to the viewing of wildlife with an artificial light. Use of an artificial light for purposes of viewing wildlife in closed areas is prohibited.

1. The park is closed to the use of an artificial light for purposes of viewing wildlife. This restriction does not apply to authorized Federal, State, or local agency employees engaged in official duties.

36 CFR § 2.11 Picnicking

Picnicking is not allowed, except in designated areas closed in accordance with § 1.5. The Superintendent may establish conditions for picnicking, otherwise picnicking in violation of established conditions is prohibited.

1. Picnicking is prohibited in all areas of the park.

2. Consumption of food or beverages or carrying open containers of food or beverages is prohibited within all buildings, unless authorized by the Superintendent.

36 CFR § 2.15 Pets

§ 1.4 Definitions: Pet means a dog, cat or any animal that has been domesticated.

All park buildings are closed to pets, except:

• The provisions of this section shall not apply to service animals (dogs) which have been trained to assist impaired or handicapped persons, or, to dogs used by authorized federal, state, and local law enforcement officers in performance of their official duties,

• Pets must be restrained on a leash which shall not exceed six feet in length, or otherwise physically confined at all times.

• Leaving a pet unattended and/or tied to an object is prohibited.

• Any person having possession, custody or control of any dog or other animal that defecates in any area of the park shall be required to immediately remove and properly dispose of the feces in an appropriate refuse container.

36 CFR § 2.16 Horses and Pack Animals

The following are prohibited:

(b) The use of horses or pack animals outside of trails, routes or areas designated for their use.

1. Horses or pack animals are prohibited on the park grounds, except within the parking areas.

2. This restriction is intended to reduce possible conflicts between users, protect the natural and cultural resources, and to address public health concerns. This restriction does not apply to horses used by authorized Federal, State, and local officials in the performance of their duties.

36 CFR § 2.21 Smoking

Smoking (including vaping and e-cigarettes) is prohibited at the Overlook and Trails and within the interiors of all park buildings and within 25’ of formal entrance areas as defined as entrance steps or entry foyers of all park buildings. This designation is based on Executive Order 13058, published in the August 13, 1997 Federal Register. It is also designed to protect park resources and reduce the risk of fire. Smoking may be prohibited within all park boundaries during high fire danger.

36 CFR § 2.35 Alcoholic Beverages and Controlled Substances

The possession or consumption of a bottle, can, or other receptacle containing an alcoholic beverage which has been opened, a seal broken, or the contents of which have been partially removed, within the boundaries of the park is prohibited except under the conditions of a special use permit issued by the office of the Superintendent. This restriction is intended to reduce any possible conflict between users and to remain true to the purpose of the park.

36 CFR §2.50 Special Events

Sports events (which include walking and running events), pageants, regattas, public spectator attractions, entertainments, ceremonies, and similar events are allowed: Provided, however, there is a meaningful association between the park area and the events, and the observance contributes to visitor understanding of the significance of the park area, and a permit therefore has been issued by the Superintendent. A permit shall be denied if such activities would:

(1) Cause injury or damage to park resources; or

(2) Unreasonably impair the atmosphere of peace and tranquility maintained in wilderness, natural, historic or commemorative zones; or

(3) Unreasonably interfere with interpretive, visitor service, or other program activities, or with the administrative activities of the National Park Service; or

(4) Substantially impair the operation of public use facilities or services of National Park Service concessionaires or contractors; or

(5) Present a clear and present danger to the public health and safety.

(6) Result in significant conflict with other existing uses.

The park is closed to certain recreational activities, whether organized or unorganized, whose occurrence would result in the creation of a hazardous condition and/or derogation of the values or purposes for which the park was established or, which interfere with the use of park resources by other visitors are prohibited.

36 CFR § 2.51 Public Assemblies and Meetings

Public assemblies and meetings are allowed by permit only in designated areas. These areas are designated on the attached map (Exhibit 1).

36 CFR § 2.52 Sale or Distribution of Printed Matter

Sale or distribution of printed materials is allowed by permit only in the two areas designated within the fenced Overlook area. These areas are designated on the attached map (Exhibit 1).

36 CFR §2.62 – Memorialization

The scattering of human ashes from cremation is prohibited, except pursuant to the terms and conditions of a permit.

Items used for religious observances may be hung from the following areas:

• The split rail fence at the Overlook site

• The Black Kettle tree

36 CFR §4.30 Bicycles

The use of bicycles or electric bicycles (e-bikes) are prohibited on park property except in parking areas.

 

The park overlook showing First Amendment Activity locations.

EXHIBIT 1

Designation of Areas Available for First Amendment Activities

The exercise of first amendment activities by any individual, group, or organization within the area administered by the National Park Service shall be in compliance with the provisions of 36 CFR §§ 2.51 and/or 2.52. Such activities shall also be subject to and in compliance with other laws and regulations applicable to the area administered by the National Park Service. In accord with and consistent with 36 CFR §§ 2.51 and 2.52, the Superintendent will issue permits for the exercise of first amendment activities in the following designated areas:

• In the North Grass Area and the East Grass Area around the parking areas within the fencing. The Overlook area is fenced and readily recognizable.

The parking areas are public access areas and their entrances, visitors, and/or park employees must not be obstructed in any way and public access and egress from the park must not be compromised.

Due to the solemn nature and purpose of the park, sound amplification is prohibited without a permit.