Superintendent Compendium

Waco Mammoth National Monument 2024 Superintendent’s Compendium


In accordance with applicable law and policy, and pursuant to the delegated authorities provided in Title 36, Code of Federal Regulations, Chapter 1 (“36 CFR”), the following compendium actions apply to all lands and waters administered by the National Park Service (NPS) within the boundaries of Waco Mammoth National Monument. 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 1.79b). 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 Waco Mammoth National Monument. 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
  • Statues codified in U.S. Code, in particular provisions in Titles 16 and 54.

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 Brian Perry if you have any questions or comments about the Superintendent’s Compendium.

Recommended by Chief Ranger Brian Perry and approved by Acting Superintendent Christine Jacobs on June 10, 2024.

 
 

Section 1.4 – Definitions

Waco Mammoth National Monument – The National Park Service legislative boundary area encompassing the five (5) acre parcel of land which surrounds the building commonly referred to as the Waco Mammoth “Dig Shelter”.

Electronic Personal Assistive Mobility Device (EPAMD) – Also known as a Segway, is a device that has two non-tandem wheels, is self-balancing, and is designed to transport only one person with an electric propulsion system that limits the maximum speed of the device to 12-1/2 miles an hour. It is defined as a motor vehicle in 36 CFR 1.4.

Service Animals – are defined in 28 CFR 36.104 as, “any guide dog, signal dog or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.”

Unmanned aircraft – is defined as 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, and drones) that are used for any purpose, including for recreation or commerce.

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Section 1.5 – Visiting Hours, Public Use Limits, Closures and Area Designations for Specific Use or Activities

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:

  • Park buildings are open year-round except for Thanksgiving Day, Christmas Day and New Year’s Day.
  • Welcome Center (City of Waco) is open 9:00 am-5:00 pm daily.
  • The Dig Shelter is open for guided tours 9:00 am-5:00 pm daily (last tour begins at 4:30 pm).
  • Guided tours of the Dig Shelter begin at the Welcome Center. Tours are conducted every 30 minutes, no reservation needed. Tours last from 45 minutes to one hour.

Closures and Public Use Limits:

A. Closures

The following roads are closed year-round to public motor vehicles, bicycles, pedestrians and/or any other methods of transportation during the periods indicated for the purpose of traffic control and resource protection (exceptions include NPS-authorized personnel/vehicles, and authorized Special Use Permit-holders):

  • The service roadway to administrative areas/offices.
  • Administrative areas/offices
  • The adjacent ravines/natural areas not serviced or delineated by walkways or trails located in and around the dig shelter are closed to the public. (Exception: Authorized NPS, Volunteers, and maintenance crews)

B. Public Use Limits

(a)(5) The following conditions are in effect for walking, climbing, entering, ascending or traversing the listed archeological or cultural resource, monuments or statues:

  • Visitors on guided tours of the interior of the Waco Mammoth Dig Shelter and adjacent areas are limited to pathways delineated by ropes, signs, stanchions, and other access control devices.
  • Visitors are restricted from entering vegetative areas adjacent to established walkways and natural areas in and around the Waco Mammoth Dig Shelter, trails, and public use areas unless accompanied by NPS or City of Waco staff.

Determination: Visiting hours, closures and public use limits are intended to safely manage visitor use of lands and associated resources entrusted to the staff and management of the national monument. The use limits have been in-place since site designation. There have been few public comments on operating hours or visitor limits. The restrictions have served to safeguard irreplaceable resources and do not constitute an unreasonable limitation on the public.

C. Unmanned Aircraft
Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Waco Mammoth National Monument is prohibited except as approved in writing by the Superintendent. (DOI Policy Memorandum 14-05)

Determination: The compendium closures required by the Director of the National Park Service are implemented and deemed necessary to maintain public health and safety in units of the national park system and to protect park resources and values including, but not limited to, the protection of wildlife mating, breeding, nesting, and feeding activities, natural character, scenic values, and soundscapes, and until the NPS can determine whether specific uses of unmanned aircraft on lands and waters administered by the NPS are appropriate and will not cause unacceptable impacts on these park resources and values. NPS Management Policies 2006, states that a new form of park use may be allowed within a park only after a determination has been made in the professional judgment of the superintendent that it will not result in unacceptable impacts on park resources and values.

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Section 1.6 – Activities that Require a Permit

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

Carry or possess certain weapons, traps or nets

2.4

Specimen collection

2.5

Audio devices

2.12

Aircraft and air delivery

2.17

Explosives

2.38

Special events

2.50

Demonstrations and designated available park areas

2.51

Sale or distribution of printed matter

2.52

Livestock use and agriculture

2.60

Scattering of human ashes

2.62

Advertising

5.1

Business operations

5.3

Audio Recording

5.5

Construction of buildings or other facilities

5.7

43 C.F.R. 5.2


Permits will be specific in nature to the activity being permitted. For those activities that frequently require a permit, a specific permit form has been designed, such as commercial filming and still photography permit, etc. In most other cases, a special use permit or letter of authorization that is signed by the Superintendent and identifies the specific conditions under which the permitted activity is authorized will be prepared. In all cases, a permit or letter of authorization must be always in the permittee’s possession and exhibited to any authorized person upon request.

Determination: Permit systems authorized and issued pursuant to specific regulations in this chapter, except 1.5, need not be supported by a written determination unless required by the specific authorizing regulation.

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Section 2.10 - Camping and Food Storage

Overnight camping is prohibited, except for individuals participating in the Volunteer-in-Parks program or exercising a Special Use Permit (SUP).

Determination: The Park has no designated camping areas, In as much there are inadequate facilities for such activities. Except where permitted by written authorization by the superintendent.

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Section 2.13 – Fires

Campfires and grill fires are prohibited in the park. Bonfires of any type are prohibited.

Determination: The use of fires in the Park is regulated to protect structures, natural resources and the public. During extreme weather conditions, open fires may be restricted to prevent the accidental ignition of wildfires. Section 2.13(b) does not apply to planned ignitions by park management or wildfires determined by the Superintendent to be allowed to burn for resource benefit.

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Section 2.15 - Pets

(a)(1) With the exception of specially trained service animals meeting requirements listed under the Americans with Disabilities Act (ADA),

  • Pets are prohibited in the Welcome Center.
  • Pets are prohibited in the interior of Waco Mammoth Dig Shelter.
  • Pets are not allowed within any park structure except for assistance animals. This prohibition shall not apply to any guide/ service dogs accompanying visually impaired persons or hearing ear dogs accompanying hearing-impaired persons, or any other disabled visitors requiring service animals.

(a)(3) There are no designated areas where pets may be left unattended and tied to an object. The owners or responsible persons of pets running-at-large will be charged for kennel or boarding costs, in addition to veterinarian, transportation, and other fees and fines.

(a)(4) With the exception of specially trained service animals meeting ADA requirements, pets may not be taken more than 30 feet from developed areas, such as parking lots, designated paths, public areas, and 30 feet from the centerline of any road.

(a)(5) Pet excrement shall be properly disposed of by their owners.

Determination: These regulations are not intended to restrict pets from the Park but rather to enhance the natural experience of all visitors. Pets are natural predators and their scent alone may scare wild animals into hiding places, and cause Park wildlife to run. Pet excrement contributes to sanitation problems in visitor use areas and may contribute to transmission of wildlife diseases. During warm temperatures, pets have been left unattended and tied to objects in the Park and visitor center parking areas. Unattended pets have barked at and bitten other park visitors and are frequently public safety hazards. We recommend that a member of the group stay with the pet while the rest of the group tours the Waco Mammoth Dig Shelter and associated exhibits. Keeping a pet in an unattended vehicle during high temperatures can result in the death of the animal. Specially trained service animals fall under provisions of the Americans with Disabilities Act (ADA) and are permitted to accompany people with disabilities in all areas where members of the public are allowed to go. Additionally, prohibitions on pets in the above-named areas serve to avert health risks and prevent inappropriate contact between the pets and people, and pets and wildlife. Pets can be threatening and even the best-behaved domestic animal can be unpredictable, therefore allowing pets on tours is maintained to protect resources and safeguard the public.

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Section 2.2 - Wildlife Protection

(a)(2) The following areas are closed to the viewing of wildlife with the use of an artificial light:

  • All areas of the park.
  • Exception: Wildlife counts (White Tailed Deer, animals as designated) for resource management.

Determination: The viewing of wildlife at night with the use of artificial lights temporarily blinds animals, which causes them to become unnatural prey for natural predators and poachers. Intentional disturbing of wildlife may adversely affect wildlife behavior (i.e., breeding and mating rituals, feeding habits, travel patterns/routes) possibly causing stressful and/or disruptive conditions for wildlife. Waco Mammoth National Monument is mandated to protect and preserve healthy and natural wildlife populations. Intentional disturbance by humans directly conflicts with this mandate and is unnatural. Disturbing wildlife can cause wildlife to leave foraging and mating areas and attract them to roads where they are more likely to become injured or killed. They may also become unnatural prey if artificially attracted out of cover.

(d) Wildlife taken lawfully outside the legislative jurisdiction of the Park may be transported through the Park under the following conditions:

  • Persons transporting will have in their possession a valid State hunting license.
  • Animal carcasses will display a valid State game tag that is properly completed.
  • Animal carcasses will be subject to inspection at any time by an authorized person.

Determination: The park does not wish to impede those hunting legally nor impede the transportation of legally taken game. The transportation of game through the Park, which is closed to hunting, however, has elicited visitor complaints and could cause confusion with the Park’s hunting regulation. Law enforcement park rangers are authorized to check hunters transporting game to ensure wildlife was not taken illegally within Park boundaries.

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Section 2.21 - Smoking

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

  • Waco Mammoth Dig Shelter and the Welcome Center.
  • All public use and administrative buildings and facilities, as well as within 25 feet of a public building entrance, (exception of designated exterior smoking areas)
  • Any NPS-operated vehicles, including rented or leased vehicles.
(a) For purposes of this prohibition the definition of smoking shall extend to all forms of smoking to include electronic cigarettes, electronic nicotine delivery systems (ENDS), and Vapes or Vapor Cigarettes.

Under this policy, the use of e-cigarettes and other Electronic Nicotine Delivery Systems (ENDS) will be subject to the same restrictions as tobacco smoking. All provisions of Director's Order #50 will apply to ENDS. ENDS use will not be allowed within all facilities and vehicles that are Government owned or leased, and within concessions facilities.

Determination: Executive Order 13058, August 9, 1997, and Ch.11 of the DOI DM 11, June 29, 2009 establishes a smoke-free environment for Federal employees and members of the visiting public using federal facilities.

These closures were implemented in order to reduce the risk of fire in and around the Waco Mammoth Dig Shelter, to protect resources and museum collections on display and to reduce conflicts among visitor use activities in public areas.
 

Section 2.35 - Alcoholic Beverages and Controlled Substances

(a)(3)(i) The possession or consumption of an alcoholic beverage and/or the possession of a bottle, can, or other receptacle containing an alcoholic beverage that is open, or that has been opened, or whose seal is broken, or the contents of which has been partially removed is prohibited in all public/administrative buildings.

The superintendent may authorize the possession and consumption of alcoholic beverages as part of a special use event.

Determination: Closing these areas to the consumption and possession of alcoholic beverages is for public safety concerns and the orderly management of the facilities.

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Section 2.51 - Demonstrations and Designated Park Areas

(c) (1) The following areas are designated as appropriate for the issuance of a park permit allowing public assemblies of more than 25 people. Maps of these sites are available through the Chief Park Ranger or Superintendent’s Office.

  • Waco National Monument Parking lot adjacent to the service roadway entrance.
    (see attached Appendix A, area notated in blue)

This does not apply to casual park use by visitors or tourists that is not reasonably likely to attract a crowd of onlookers.

A permit is not required for a demonstration in the designated location if it involves 25 persons or fewer and does not involve the use of stages, platforms, or structures.

Determination: The designated location is in a prominent location that will allow individuals and groups to conduct demonstrations in a manner that will allow for effective communication of speech and other protected activities. At the same time, the designated location leaves ample space for visitors to traverse the park environs safely and for the NPS to conduct administrative activities such as interpretive events.

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Section 2.62 – Memorialization

(c) In accordance with 36 CFR 2.62 Memorialization which states “The scattering of human ashes from cremation is prohibited, except pursuant to the terms and conditions of a permit, or designated areas according to the conditions which may be established by the Superintendent.”

The permittee is not allowed to spread ashes into the Brazos River or any waterways in Waco Mammoth National Monument.

Scattering remains from a structure (bridge, pier, dock, building) is prohibited.The remains container must be removed, and no memorial (marker, cross, monument orstone) may be placed at the site. Areas where remains are scattered are not treatedby NPS as sacred or as cemeteries.

NPS does not keep records of dates, locations or individuals whose remains were scattered.

The remains must not be distinguishable to the public. No large or recognizable particles may be scattered, and the remains must be broadly scattered to blend into surroundings quickly.

All park uses, operations and programs will be continued without regard to the presence of the scattering.

(c) Most areas in Waco Mammoth National Monument, excluding waterways, are open to the scattering of human ashes with a permit from the Superintendent.

Determination: The resource concerns for this type of activity are minimal. Such activity can occur without causing any negative impacts to the resources of the area.

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Section 3.21 – Swimming and Bathing

(a)(1) The following areas are closed to swimming and bathing:

  • Any waterways, ponds, or ravines located within the 5-acre legislative boundary of Waco Mammoth· National Monument.

Determination: The Park does not maintain public swimming facilities and is only used as a natural resource aspect. The waterways and ravines likely contain in situ fossil remains which could be damaged by these activities.

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Section 4.10 - Vehicles and Traffic Safety

(a) Travel off-road by the public is prohibited.

Electronic Personal Assistive Mobility Device (EPAMD), motorized scooters and similar devices, as defined under 36 CFR 1.4 are motor vehicles.


Any visitor or employee with a disability is permitted to use EPAMDs, motorized scooters, motorized wheelchairs or similar devices in park buildings and developed areas, to include parking lots, when the sole purpose for use of such devices is mobility assistance.

Individuals with disabilities who operate one of the above described devices must operate the device in a safe and responsible manner so as not to endanger one’s self or other park visitors. The maximum speed for such devices is 8 mph. The operator of an assistive mobility device will have the same rights applicable to a pedestrian under the same circumstances, except the operator must yield to other pedestrians.

Wheelchairs (either manual or motorized) are not considered motor vehicles or mechanized vehicles and are allowed in all park areas, although this is not recommended.

Determination: The Park wishes to provide as much access as possible to visitors with disabilities while maintaining an environment that is safe for all visitors and protects park resources.

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Section 4.21 - Speed Limits

(b) The Superintendent has established the following speed limits:

  • Entrance Road -25 mph
  • Waco Mammoth National Monument Parking Area -15 mph

Determination: 36 CFR 4.21(a) establishes a 45 mph speed limit for park roads outside of certain areas listed in 36 CFR 4.21(a)(1) and (a)(2) unless the Superintendent determines that the speed is “unreasonable, unsafe or inconsistent with the purposes for which the park area was established” as stated in 36 CFR 4.21(b). The Superintendent has determined that the speed limits listed above are reasonable, safe and consistent with park purposes. Many are based on the recommendations from Department of Transportation road engineers.

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Section 4.30 – Bicycles

(a) Bicycle and/or “E-bike” use within Waco Mammoth National Monument is permitted only on routes and areas open to public motor vehicles and pedestrian traffic. They are prohibited on administrative roads. Exceptions include the Service road to the NPS administrative offices (see Section 1.5 Closures and Public Use Limits). Park staff is authorized to use bicycles on administrative roads approved by the Superintendent.

(b) “The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.).

E-bikes are allowed in Waco Mammoth National Monument where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited. Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited.

A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(2)-(5).

Except as specified in this Compendium, the use of an e-bike within Waco Mammoth National Monument is governed by State law, which is adopted and made a part of this Compendium. Any violation of State law adopted by this paragraph is prohibited.”

Determination: Bicycle use is permitted on all roads open to public motor vehicles and trails. They are not permitted on trails and roads closed to the public. Travel offroad and in wildlife areas could negatively affect the natural landscape and bring undue stress to the wildlife contained therein. Additionally, the use offtrail or offroad could damage existing in situ paleontological resources.

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Map of Waco Mammoth National Monument showing structures and Public Assembly Area
Assembly Area shown in Blue

Appendix A – Waco Mammoth National Monument Assembly Area
















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Last updated: June 11, 2024

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