Superintendent's Compendium

 

A. INTRODUCTION

1. Superintendent’s Compendium Described

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 Code 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 within the park. Parts 1 through 6 are general regulations applicable to all areas of the National Park System, and Part 7 contains special regulations specific to individual parks. Each of these Parts has many sections and subsections articulating specific provisions. Within some of these Part 1-7 sections and subsections, the Superintendent is granted discretionary authority to develop local rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or special needs of the general public.

As an example, 36 CFR 1.5(a) Closures and Public Use Limits provides the Superintendent certain discretion in allowing or disallowing certain activities. The authority granted by the Section, however, requires the Superintendent to comply with the Administrative Procedures Act (6 USC Section 551), which requires public notice on actions with major impact on visitor use patterns, park resources or those that are highly controversial in nature.

Another example is 36 CFR 1.6 Permits, which allows the Superintendent to require a permit for certain uses and activities in the park. This Section, however, requires that a list of activities needing a permit (and a fee schedule for the various types of permits) be maintained by the park.

A final example is 36 CFR 2.1(c) (1) Preservation of Natural, Cultural and Archeological Resources, which provides the Superintendent the authority to designate certain fruits, nuts, berries or unoccupied seashells which may be gathered by hand for personal use or consumption. This activity can occur, however, only if a written determination shows that the allowed activity does not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources

This Compendium should be used in conjunction with Title 36 CFR, Parts 1-7, to more fully understand the regulations governing the use and enjoyment of all the areas of the National Park System.

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 Wilson’s Creek National Battlefield. 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.

• Statutes codified in U.S. Code, in particular provisions in Titles 16 and 54.


A copy of Title 36, CFR, can be purchased from the U.S. Government Printing Office at: www.gpo.gov (U.S. Government Publishing Office)
OR
Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954

The CFR is also available on the Internet at:www.ecfr.gov.

2. Laws and Policies Allowing the Superintendent to Develop This Compendium

The National Park Service (NPS) is granted broad statutory authority under Title 54 United States Code (U.S.C.) §100101(a) (formerly 16 U.S.C. 1a-1, “Organic Act”) to “….regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.” 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.”

In 1970, Congress amended the NPS Organic Act to clarify its intentions as to the overall mission of the NPS. Through the General Authorities Act of 1970, Congress brought all areas administered by the NPS into one National Park System and directed the NPS to manage all areas under its administration consistent with the Organic Act of 1916.

In 1978, Congress amended the General Authorities Act of 1970 and reasserted System-wide the high standard of protection defined in the original Organic Act by stating “Congress further reaffirms, declares, and directs that the promotion and regulation of the various areas of the National Park System, as defined by Section 1 of this Title, shall be consistent with and founded in the purpose established by Section 1 of this Title, to the common benefit of all people of the United States.”

In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in the NPS Management Policies (2006). The Superintendent is also guided by more specific policies promulgated by the Director, National Park Service, in the form of Director’s Orders. As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitor and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the Superintendent has a reasonable basis to believe a resource is or would become impaired, than that Superintendent is obliged to place limitations on public use.

3. Consistency of This Compendium with Applicable Federal Law and Requirements

The Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866. In addition, this Compendium will not have a significant economic effect on a number of small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall Page 3 of 16 Wilson’s Creek National Battlefield Superintendent’s Compendium, ver.2024.04.01 under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act.

4. Development of the Requirements of the Superintendent’s Compendium

As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular National Park System area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are:

• Is there use or activity consistent with the NPS Organic Act and NPS policy?
• Is the use or activity consistent and compatible with the park’s enabling legislation, management objectives, and corresponding management plans?
• Will the use or activity damage the park’s protected natural and cultural resources and other protected values?
• Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions and values?
• Will the use or activity conflict with or be incompatible with traditional park uses and activities?
• Will the use or activity compromise employee or public safety?

5. Applicability of the Compendium

The rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present on Federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters.

6. Enforcement of Compendium Requirements

NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.

7. Penalties for Not Adhering to the Compendium Requirements

A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Chief Ranger at the park address found below.

8. Comments on the Compendium

The Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time.

Written comments on the Compendium may be submitted to:

Superintendent
5242 South State Highway ZZ
Republic, MO 65738

9. Effective Date of the Superintendent Compendium

The Superintendent’s Compendium is effective on the approval date listed on the first page of this document and remains in effect until revised for a period up to one year.

10. Additional Information

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 term used in this Compendium is defined as follows:

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. Picnicking: A social activity involving an informal outdoor meal.

Picnicking is defined as more than the mere possession or consumption of food. It may include such activities as the spreading of blankets or ground covers, or the setting up tables and/or chairs.

11. Availability

Copies of the Compendium are available at 6424 West Farm Road 182, Republic, MO 65738. It may also be found at www.nps.gov/wicr (Wilson's Creek National Battlefield: park website).

 

B. 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 Wilson’s Creek National Battlefield. 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.

I. 36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES

(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:

• The Wilson’s Creek National Battlefield Visitor Center is open seven days a week from 9:00 AM to 5:00 PM.
• The park grounds are open from ½ hour before sunrise until ½ hour after sunset. The Superintendent may make exceptions in the case of special events or permitted special park uses.
• The Tour Road is open to non-vehicular traffic only from ½ hour before sunrise to 8:00 AM.

The Superintendent or their designee reserves the right to temporarily close the park or park areas without notice for instances of emergency such as inclement weather, natural disasters, or other incidents of public safety.

These visiting hours are necessary for public safety and to protect the park’s cultural, historical, and natural resources from damage, vandalism, and destruction during times when there may be limited personnel on duty.

Public Use Limits

Equestrian parking in designated areas only.

To protect the natural and cultural resources found in the battlefield, equestrian users may only ride on designated trails which begin at the two designated parking areas.

• Designated equestrian parking areas are restricted to equestrian users only.

This limit is necessary to avoid conflict among user groups and to allow for equitable allocation of parking areas. These parking areas occasionally reach maximum capacity, and the inclusion of non-equestrian use would create congestion problems.

• The sole public entry point for the park is the park entrance located at 6424 West Farm Road 182, Republic, MO 65738.

The boundaries of the battlefield are generally fenced with barbed wire. Various locked gates are used by park staff in the performance of their duties. Climbing over, under, or through the barbed wire may lead to personal injury and damage to government property. Parking vehicles at locked gates and climbing over, under, or through blocks access for staff use. Additionally, entering through the park entrance aids in the communication of park programs, regulations, and safety messages to visitors.

Closures

• The park is closed on the following Federal holidays: Thanksgiving Day, Christmas Day, and New Year’s Day.
  These closures are necessary due to the limited availability of personnel to provide for public safety, resource protection, and visitor services.
• The 6.2-acre lot known as Campground Spring is closed to public access. (See Appendix A)
  This area is closed to the public to protect the safety of the public from hazards known to be present on the property and to protect government facilities and property.
• Terrell Creek Addition is closed to public access. (See Appendix A)
  This area is closed to the public to protect sensitive natural and cultural resources.
• McElhaney Farmstead is closed to public access. (See Appendix A)
  This area is an administrative use area and closed to the public to protect government facilities and property.
• Wastewater treatment plant is closed to public access. (See Appendix A)
  This area is an administrative use area and closed to the public to protect government facilities and property.
• Habitat areas of the Missouri Bladderpod (Lesquerilla filliformis) are closed to public access. (See Appendix A)
  The Missouri Bladderpod is a federally-listed, threatened plant species which occupies limestone glade areas of the park. This closure is necessary to protect this plant from visitor impacts.
• Caves in the park are closed to public access.
  Caves in the park are closed to protect federally endangered bat species that occupy the caves.
• Technical rock climbing and rappelling is prohibited.
  The above activities are closed to the public to protect natural resources and to protect the safety of the public.
• Winter recreational activities, such as snow skiing and sledding, are prohibited.
  This restriction is necessary due to the incompatibility of these activities with the memorial qualities and cultural landscape of the park.
• Picnicking is prohibited in the following areas:
  o Visitor Center lawn
  o Ray House lawn and porch
  o Cemeteries
  Picnicking at these locations is inconsistent with the memorial qualities of the battlefield.
• Recreational and sporting activities including, but not limited to: field games, ball games, throwing objects in the air (flying discs, balls, etc.), kite flying, and sunbathing are permitted only in the lawn area of the picnic area.
  Restrictions are necessary due to the incompatibility of these activities with the memorial qualities and cultural landscape of the park.
• Wilson’s Creek is closed to swimming and wading.
  Urban and rural stormwater runoff and agricultural contaminants have created a potential for hazardous water conditions. Additionally, these activities are inconsistent with the memorial qualities of the battlefield.
• The park is closed to camping, except as permitted in writing for approved living history encampments or for other groups that may camp in conjunction with a park-sponsored activity.
  There are no designated campgrounds in the park. Infrastructure does not support campgrounds. Living history groups camp in the park during interpretive events and events supporting the administration of the park to further the park mission.

(a)(2) The following restrictions and/or conditions are in effect for the specific uses or activities noted:

• Launching, landing, or operating an uncrewed aircraft from or on lands and waters administered by the National Park Service within the boundaries of Wilson’s Creek National Battlefield 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. In addition, the use of uncrewed aircraft is inconsistent with the memorial qualities of the battlefield. This restriction is required by NPS Policy Memorandum 14-05 dated June 19, 2014.

• Other Power-Driven Mobility Device (OPDMD):

o OPDMD is a mobility device powered by electricity or batteries, whether or not designed to be used primarily by individuals with mobility disabilities.
o Credible assurance of an individual’s disability may be required for OPDMD use in the form of a State issued disability parking placard/card or State or Federally issued proof of disability. Individuals may also issue a verbal statement that he/she is disabled and that the OPDMD is being utilized because of the disability.

o Using an OPDMD by persons without mobility impairments is prohibited.

o Use OPDMDs, as outlined herein, is permitted under the following conditions:
o No person under 16 years of age may operate OPDMD without adult supervision.
o Maximum speed cannot exceed 5 mph.
o Every OPDMD, shall be equipped with the following safety mechanisms:
o A system that enables the operator to bring the device to a controlled stop.
o A person riding any mobility assisted device upon and along a sidewalk, while crossing a roadway in a crosswalk or on any other surface shall have all the rights and duties applicable to a pedestrian under the same circumstances, except that the mobility assistive device operator must always yield to pedestrians.
OPDMDs provide a reasonable alternative to people who would otherwise be unable to visit the park or find it difficult to visit due to their mobility limitations. PDMDs are permitted where pedestrian access is allowed. The determinations are to enhance visitor safety.

• Food and Beverages:
o Open containers of food or drink shall not be permitted in the Ray House, library, curatorial areas, and public portions of the Visitor Center (except at special events in which food and beverage are part of the event).

Consumption is prohibited to protect the historic objects housed in these facilities.

• Retrieval of wounded wildlife from adjacent property:

o Hunter must notify Park Dispatch at 1-888-692-1162.
o Prior to removal and transportation, authorization to do so shall be obtained from the park Superintendent, Chief Ranger, or Law Enforcement Park Ranger.
o Animals may only be pursued until dusk of the day following the day during which the animal was wounded.
o Except for roadways open to the public, animals may only be pursued on foot.

The park does not wish to impede those hunting legally in jurisdictions outside the park, nor the transportation of legally taken game. However, the retrieval and transportation of game through the park, an area closed to hunting, may elicit visitor complaints and could cause confusion with the park's hunting regulations. Animals which have not been located within the authorized time-frame have a high probability of survival and continued pursuit may cause permanent injury to those that survive wounds. 36 CFR 4.10(b) prohibits the use of off-road vehicles, including UTVs and ATVs in most national park units, including Wilson’s Creek National Battlefield.

 

II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT

For permit information contact:

Chief Ranger’s Office
Wilson’s Creek National Battlefield
5242 South State Highway ZZ
Republic, MO 65738
Phone: [phone]

(f) The following is a compilation of those activities for which a permit from the superintendent is required:

§1.5(a)(2) The following activities related to a specific use or activity:

• Launching or landing uncrewed aircraft
• The exclusive use of the Multipurpose Room in the Visitor Center

§1.5(d) The following activities related to Public Use Limits:

• Reservation of the picnic pavilion area
• Pedestrian groups or bicycle groups of over 15 persons using the Tour Road
• Any activity occurring outside of established visiting hours

§2.4(d) Carry or possess a weapon, trap, or net (excluding firearms in compliance with applicable Missouri state and Federal firearms laws)
§2.5(a) Specimen collection for research purposes (plant, fish, wildlife, rocks or minerals)
§2.6 Gathering of plants or plant parts by federally recognized Indian tribes
§2.10(a) Camping
§2.12 Audio Disturbances:

• (a)(2) Operating a chain saw in developed areas
• (a)(3) Operation of any type of portable motor or engine, or device powered by a
portable motor or engine in non-developed areas
• (a)(4) Operation of a public address system in connection with a public gathering or
special event for which a permit has been issued pursuant to §2.50 or §2.51

§2.17 Aircraft & Air Delivery:

• (a)(3) Delivery or retrieval of a person or object by parachute, helicopter or other
airborne means, except in emergencies involving public safety or serious property
loss.
• (c)(1) Removal of a downed aircraft
§2.37 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)

§2.38 Explosives:

• (a) Use, possess, store, transport explosives, blasting agents
• (b) Use or possess fireworks

§2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events

§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of views for groups of 25 or more persons.

• Two areas have been designated for public assemblies or meetings. The first is the paved patio area located between the visitor center and library wing. The second area is the Visitor Center lawn bounded by the Visitor Center north walkway to the first pavement marker, to the landscaping rocks, to the parking area.

NOTE: See Appendix B for map of designated First Amendment Activity locations.

§2.52(c) Sale or distribution of printed matter that is not solely commercial advertising
§2.60(b) Livestock use and agricultural use
§2.61(a) Residing on federal lands
§2.62 Memorialization:

• (a) Erection of monuments (Requires approval from the Director of the NPS)
• (b) Scattering ashes from human cremation

§3.3 Use of a motorized vessel

This restriction is necessary due to the incompatibility of this activity with the memorial qualities and cultural landscape of the park. Additionally, due to horse fords across Wilson’s Creek, motorized vessels create a public safety concern.

§5.1 Advertisements - (Display, posting or distribution.)
§5.3 Engaging in or soliciting any business (Requires a permit, contract or other written
agreement with the United States, or must be pursuant to special regulations).
§5.5 Commercial Filming, Still Photography and Audio Recording

(a) All commercial filming requires a permit.
(b) Still photography activities are subject to the provisions of 43 CFR Part 5, subpart A. A permit is not required for still photography unless:

• The activity takes place at locations where or when members of the public are generally not allowed; or
• The activity uses model(s), set(s), or prop(s); or
• The park would incur additional administrative costs to provide management and/or oversight.

(c) Audio recording does not require a permit unless:

• The activity takes place at locations where or when members of the public are generally not allowed; or
• The equipment used requires mechanical transport; or
• The equipment requires an external power source other than a battery pack; or
• The park would incur additional administrative costs to provide management
and/oversight.

§5.6(c) Use of commercial vehicles on the Tour Road

(The superintendent shall issue a permit to access private lands within or adjacent to the park when access is otherwise not available)

§5.7 Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc.

III. GENERAL REGULATIONS

36 CFR §2.1 - PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES

(c)(1), (c)(2) The following fruits, nuts, berries or unoccupied seashells may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, collection sites and/or use or consumption restrictions:

• Mushrooms and berries may be collected. The limit is one gallon per person per day.
• Walnuts and apples may be collected. The limit is five gallons per person per day.

Collecting walnuts and apples will have no direct and immediate impact on the treesthat produced the walnuts and apples. There is a sufficient volume of walnuts and apples to allow for the designated harvest amounts without creating any adverse impacts to the propagation of the species or to wildlife that consume walnuts or apples for subsistence. The species of edible berries in the park, including mulberries and blackberries, are widespread in the summer months. These berries are found along several hiking trails and can provide energy and sustenance to hikers. Edible mushrooms are a sustainable and renewable natural resource and are available in the park in abundant supply.

36 CFR §2.2 - WILDLIFE PROTECTION

(d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:

• Transporting lawfully taken wildlife through the park is prohibited on the Tour Road.
Exceptions are made for instances of retrieving lawfully wounded wildlife from
adjacent properties as outlined in Section I.
• Transporting lawfully taken wildlife is permitted on Highway ZZ, Farm Road 182, and other public thoroughfares.

(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:

• All lands within the boundaries of the park.

36 CFR §2.10 – CAMPING AND FOOD STORAGE

(a) The sites and areas listed below have been designated for park volunteer camping activities as noted. A permit system has been established for camping activities, and conditions for camping and camping activities are in effect as noted:

• The park is closed to camping except under conditions as identified in “closures” above.

(d) Conditions for the storage of food are in effect, as noted, for the following areas:

• Storage of food should be inside motor vehicle or in sealable containers.

36 CFR §2.11 – PICNICKING

Certain areas have been closed to picnicking and are listed in section 1.5(a)(1) “Closures”.

36 CFR 2.13 – FIRES

(a)(1) The lighting or maintaining of fires is generally prohibited, except as provided for in the following designated areas and/or receptacles, and under the conditions noted:

Designated Areas:

• Within the provided containers in the picnic area near the Visitor Center.

• Within the provided containers behind the Headquarters building.

• Within the provided containers as part of a living history interpretive demonstration.

Receptacles Allowed:

• Fire rings and grills provided by the park.

Established Conditions for Fires:

• Must be extinguished upon termination of use.

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

• May only be used in conjunction with living history events.

(b) Fires must be extinguished according to the following conditions:

• Immediately upon termination of use. Ashes and fire remains will be cool to the touch.

36 CFR §2.15 – PETS

(a)(1) The following structures and/or areas are closed to the possession of pets:

• All buildings (unless pet is a service animal).
  
  Service animals are defined in the 2010 revision to Title II of the Americans with Disabilities Act (ADA).

(a)(5) Pet excrement must be disposed of in accordance with the following conditions:

• Immediately collected and disposed of in all areas of heavy public use, including but
  not limited to parking lots, wayside exhibit areas, trails, picnic areas, and mowed
  areas around public use structures.
  
  The accumulation of waste is not sanitary and impacts visitor use and enjoyment of
  park areas. Waste left on the surface is aesthetically unpleasant to other visitors. Pet
  waste may spread disease to other pets, visitors, and to native wildlife.

36 CFR §2.16 – HORSES AND PACK ANIMALS

(b) The use of horses or pack animals is allowed on the following trails, routes or areas:

• Ray Cornfield Trail, Wire Road, Southwest Boundary Trail, and Manley Uplands Trail

(c) Other conditions concerning the use of horses or pack animals:

• The gait of horses may not exceed a walk or trot.
• The use of horse drawn attachments are prohibited.
• Manure, straw, and hay within the trailhead and trailer parking area must be transported out of the park.

Limiting the gait of horses or pack animals to a walk or trot provides for rider safety and prevents conflicts with other user groups on the trail. Horse drawn attachments are not permitted to mitigate damage to trail surfaces as well as to ensure safety among user groups by preventing congestion on the trails. Removal of manure, straw, and hay helps to prevent exotic species of plants and insects from entering the property.

36 CFR §2.21 – SMOKING

(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:

• All buildings within the boundaries of the park.
• Within 25 feet of entrances to park structures and interior spaces.
• The front porch of the Ray House.
• Other areas as posted.
• This closure applies to e-cigarettes.

These designations are established to protect park resources, reduce the risk of fire and prevent conflicts among visitor use activities.

36 CFR §4.10 – TRAVEL ON PARK ROADS AND ROUTES
(a) Park roads, open for travel by motor vehicle are those indicated below:

• Tour Road, Highway ZZ, Farm Road 182, parking areas and access road to horse-trailer parking.
• The following roads are closed to the public:

o Visitor Center rear service area.
o Old waste water treatment plant.
o McElhaney House drive.

36 CFR §4.21 – SPEED LIMITS

(b) The following speed limits are established for the routes/roads indicated:

• 25 mph on the Tour Road (excludes parking areas). This speed limit applies to motor vehicles and bicycles using the Tour Road.

Established speed limits are based upon public safety, engineer specifications, and to prevent wildlife collisions.

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 also are allowed:
• Tour Road and parking areas.

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 at high altitudes and 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.

IV. Public Notice

Closed Circuit Television (CCTV) Monitoring Policy

In accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Wilson’s Creek National Battlefield uses Closed Circuit Television (CCTV) security camera monitoring.

The park's use of CCTV for law enforcement and security purposes 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 attack and crime; 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. (RM-9, 26.1)

This policy does not restrict the official use of CCTV in the government administrative areas, including administrative buildings, jail holding facilities (RM-9, 26.3.7), 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 (RM-9, 26.1).

Operation of CCTV cameras, maintenance of recorded images and use of recorded images will be in accordance with NPS and Department policy and applicable laws and regulations (RM-9, 26.1-26.4). No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views (RM-9, 26.4.2).

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

 

Appendix A: Wilson's Creek NB Closures

 

Appendix A: Wilson's Creek NB Closures

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Appendix B: Wilson's Creek NB First Amendment Areas

 

Appendix B - Wilson's Creek NB First Amendment Areas

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