A. 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 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 preserve and protect the natural and cultural resources of the park, manage visitor use, provide for visitor safety, and protect 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 prohibiting 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. A copy of Title 36, CFR, can be purchased from the U.S. Government Printing Office at: Superintendent of Documents P.O. Box 371954 Pittsburgh, PA 15250-7954 The CFR is also available online at: https://www.law.cornell.edu/cfr/text/36/chapter-I The National Park Service (NPS) is granted broad statutory authority under 54 United States Code (U.S.C.) Section 1 et.seq. (Organic Act of 1954, as amended) to “…regulate the use of the Federal areas known as national parks, monuments, and reservations…by such means and measures as conform tothe fundamental purposes of the said parks…which purpose is to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment for future generations” (54 U.S.C. Section 1). In addition, the NPS Organic Act allows the NPS, through the Secretary of the Interior, to “make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National park Service” (54 U.S.C. Section 3).
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 (54 U.S.C. Sections 1a1-1a8), 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 1954. 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.” 54 U.S.C. Section 1c defines the national park system as “…any areas of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument,historic, parkway, recreational, or other purposes.” 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 NPS 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 visitors 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, then that Superintendent is obliged to place limitations on public use. The 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, nor impose significant cost on local, state or tribal government or private organization, and therefore does not fall under requirements of the Regulatory Flexibility Act or the Unfunded Mandates Reform Act.
The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 554 DM 6 and as such, an Environmental Assessment will not be prepared. As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular park or specific park area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are:
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.
NPS Law Enforcement Park Rangers and United States Park Police enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.
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 staff at the park address below.
The Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time.
The Superintendent’s Compendium is effective on the approval date listed on the first page of this document and remains in effect until revised.
Some terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.
Copies of the Compendium are available at:
Abraham Lincoln Birthplace National Historical Park 2995 Lincoln Farm Road Hodgenville, KY 42748 It may also be found at https://www.nps.gov/abli/learn/management/lawsandpolicies.htm B. SUPERINTENDENT’S COMPENDIUM (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.
* The park Superintendent may change visiting hours and/or close the park and/or facilities due to emergencies, such as severe weather, on an as-needed basis. Any change in visiting hours or use limits will be posted on the park website at http://www.nps.gov/abli, on social media applications (such as Facebook, Twitter and Instagram), and may be posted on the park bulletin boards. Birthplace UnitVisitor Center and Memorial Building The Visitor Center is open Sunday through Saturday from 9:00 AM to 5:00 PM daily, except for the following federal holidays:
Main Parking AreaThe main entrance and parking area at the Birthplace unit is open daily from 9:00 AM to 5:00 PM, except on the previously identified federal holidays.*Limited parking after 5:00 PM is permitted outside the gate on the shoulder of the entrance road. Entry to park grounds (exterior access only) is permitted until sunset. Picnic Area Trails and Parking LotThe Birthplace unit includes a picnic area on the north side of US 31, across from the main entrance. The picnic area and associated trails and parking lot are open daily from sunrise to sunset, except on the previously identified federal holidays.*Use of the pavilion for groups larger than 25 people requires a permit. (See “Special Use Permits”)*Use of the pavilion for groups smaller than 25 people is on a “first-come, firs-served” basis.
Boyhood Home UnitKnob Creek Tavern Visitor Center and Facilities The Boyhood Home unit visitor center and facilities are open from 10:00 AM to 4:00 PM from Sunday through Monday, and from Thursday through Saturday, during the months of March to November, except on previously identified federal holidays.*Visitor center hours may be extended or reduced at the discretion of the Superintendent, and/or upon Executive Order or direction from the Agency.*The Knob Creek Visitor Center and facilities are operated seasonally due to the need to provide for the safety of visitors and staff during winter months. Knob Creek Tavern Parking Area The Tavern parking area is open from sunrise to sunset, except on previously identified federal holidays. Boardwalk Memorial Trail
Parking Area Time Limits
Picnic Area Limits
(a)(1) Entering any area of the park which has been posted or signed as closed, or which has been designated as closed by the Superintendent, is prohibited.
* Closures may be necessary for a variety of reasons including site restoration, protection of sensitive or threatened species and protection of visitor safety. (a)(1) Entry into all areas of the Abraham Lincoln Birthplace National Historical Park prohibited from sunset to sunrise every day. All vehicles must be removed from the gated Birthplace and Visitor Center by designated closing time. All vehicles must be removed from the picnic area parking lot prior to sunset. Exceptions will be made in case of after-hours programs led by National Park Service staff. Closures listed in this compendium are established to protect the health and safety of park visitors and staff, integrity of park operations, implementation of management responsibilities and the fragile nature of protected resources. The following list of closures and/or associated actions represent the minimum restrictions necessary to achieve such protection.
Bicycles, E-Bikes, Skateboards and Motorized Recreational Vehicles and Pedestrians
Camping
Fishing and Boating
Geocaching
Horse and Pack Animals
Hunting
Pets
Picnicking
*The closure is in effect to maintain the historical significance of the park, protect natural and cultural resources and provide for public safety. Possession and Collection
Smoking
Sports and Recreation
Stacking Rocks or Similar Activities
Swimming, Wading, Bathing and Sunbathing
Unmanned Aircraft
Use of Generators
Winter activities
Wildlife
Administrative/Management Facilities
The park Visitor Center also contains the official government headquarters for the national park. The side of the facility serving this function is a non-public administrative area used for official business.
Maintenance Facilities The Park Maintenance Facilities are strictly for government use.
Parking Areas Parking areas within the park are strictly for safely parking vehicles and allowing drivers and passengers to safely exit their vehicles to enter the park grounds, trails, facilities, etc.
(a)(2) The following restrictions and/or conditions are in effect for the specific uses or activities noted:Off-Trail Activities Involving 25 or More Persons
Coordinated Running Events and Races or Similar Activities
Certain activities require permits issued by the Superintendent to ensure such activities are conducted in compliance with applicable regulations. The following activities require special permits. An application for a permit should be submitted to the Superintendent or his/her designee during normal business hours.
Except as otherwise provided, application for a permit request shall be made in writing to the Superintendent at least 21 days in advance of the proposed event. Special Use permit applications can be obtained by writing, calling or picking up in person at the park visitor center during normal operating hours, and they are available on the park website. The following is a compilation of those activities for which a permit from the Superintendent is required.
HAM Radios
All requests to operate ham radios outside of vehicles in designated use areas require a special use permit to be submitted. * The use of ham radios may interfere with daily park operations and the visitor experience. The park must have the ability to evaluate potential conflict with park programming, events, and impacts on visitors, and have the ability to identify appropriate spaces for consideration. This will be accomplished via the special use permit process.
**Personal interpretive services feature contact with park visitors. Guided tours are a personal interpretive service. All interpretive and educational services, including personal services and partnerships that work to support the delivery of interpretive and educational programs, are based on and coordinated with the park’s comprehensive interpretive plan. ***Guided tours in which participants pay and meet at the park, or in which participants are transported to the park, are considered business services and require an approved agreement with the National Park Service or a Commercial Use Authorization. §2.12(a) – Audio Disturbances (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 §2.37 – Non-Commercial Soliciting
(a) Taking plants, fish, wildlife, rocks, or minerals except in accordance with other regulations of this chapter or pursuant to the terms and conditions of a specimen collection permit, is prohibited. * Pursuant to the authority found in 36 CFR 2.5, the Superintendent may issue permits for the collection of plants, fish, wildlife, rocks and minerals for research purposes according to general and park-specific conditions established by the National Park Service for scientific research and coIIecting permits. These conditions are found online at http://irma.nps.gov/rprs and are subject to revision. The guidelines found at that web site are hereby adopted and made a part of these orders. §2.50 Special Events (a) Conduct a sports event, pageant, public spectator attraction, entertainment, ceremony or similar event.*The operation of temporary food and/or beverage sales during special events requires a commercial use permit and food permit.*Non-profit organizations do not have to obtain a commercial use authorization for temporary food/beverage sales as long as they state in writing that it will not derive any taxable income from the activities it performs in the park and must show proof of non-profit status. Non-profit organizations are required to obtain special use permits per the special use permit guidance. §2.51 – Demonstrations (b) Permits and the small group permit exception. Demonstrations are allowed within park areas designated as available under paragraph (c)(2) of this section, when the Superintendent has issued a permit for the activity, except that:
(b) Permits and the small group permit exception. The sale or distribution of printed matter, and the free distribution of other message-bearing items without asking for or demanding payment or donation, is allowed within park areas if it occurs in an area designated as available under § 2.51(c)(2) and when the Superintendent has issued a permit for the activity, except that:
(b) Scattering of human ashes from cremation. §5.5 – Commercial filming, still photography, and audio recording. (a) Commercial filming and still photography activities are subject to provisions of 43 CFR part 5, subpart A. Failure to comply with any provision of 43 CFR part 5 is a violation of this section. (b) Audio recording does not require a permit unless:
(a) All commercial filming requires a permit. (b) Still photography does not require a permit unless:
This section lists the modifications and limitations to the general Park regulations that have been made under the Superintendent’s discretionary authority. This section only lists the modifications made specific to Abraham Lincoln Birthplace National Historical Park and does not list all the regulatory requirements for visitors, which is contained in the Title 36 Code of Federal Regulations, Chapter I. (a)(4) All areas of the park are closed to wood gathering.
(a)(5) Walking on, climbing, entering, ascending, descending, or traversing an archeological or cultural resource, monument, or statute is prohibited. Under, §2.1(a) collecting natural materials from the park is generally prohibited. However, pursuant to §2.1(c), the following fruits, nuts, or berries may be gathered by hand for personal use or consumption, in accordance within permitted areas, noted size, quantity, collection sites and/or possession and consumption restrictions:
(b) Hunting and Trapping are prohibited within the park boundary.
(a) Fishing is not allowed within the boundaries of the park.
(a)(1)(i) & (ii) Visitors may possess and carry firearms within Abraham Lincoln Birthplace NHP in compliance with Federal, State, and local laws. (54 U.S.C §104906) * Federal law prohibits firearms in certain park facilities and buildings. These places are marked with signs at public entrances. (18 U.S.C § 930) (a)(2)(i) Weapons, traps, or nets other than firearms may only be carried, possessed or used at the following designated times and locations:
Picnicking is permitted in the following designated picnic areas, as identified on the accompanying map:
(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:
(a)(2) The use of government refuse receptacles or facilities for dumping household, commercial or industrial refuse, brought as such from private or municipal property is prohibited.(b) Conditions for the disposal, containerization, or carryout of human body waste have been established as follows:
(a)(1) Pets (other than officially designated and recognized service animals) are prohibited in all public buildings.
*In order to protect the health and safety of visitors pets are excluded from public use buildings. (a)(5) Pet excrement must be picked up and disposed of in trash receptacles when it occurs within the following conditions:
(a) There are no trails, routes or areas designated for horses or pack animals. Horses and pack animals are prohibited within the boundary of the park, except as permitted by a Special Use Permit approved by the Superintendent.
* Horses may only be used within the boundaries of the Park under a Special Use Permit or as part of a Park-sponsored living history, reenactment or special event/program. ** Trails are constructed for pedestrian use only. Horses and pack animals are not compatible with these areas or use. Prohibiting contributes to visitor safety and resource protection. Using roller skates, skateboards, roller skis, coasting vehicles or similar devices is prohibited in the park.* These types of activities present a danger to users and other visitors, including vehicular traffic.
(a)(1) Smoking is prohibited in all park buildings.Smoking is prohibited within 50 feet of any building entrance, monument, or exhibit.*Smoking is prohibited in these areas to provide for public health and safety and for the protection of park resources.
(a)(2) All vehicles left for more than 24 hours will be towed at the owner’s expense.
(a)(3) The consumption of alcoholic beverages is prohibited in the following areas:
(b)(2/3) The possession and/or distribution of controlled substances within the park is prohibited unless made by a practitioner or obtained by the possessor directly pursuant to a valid prescription or order from a practitioner, in accordance with applicable law. (c) Presence in the park when under the influence of alcohol or a controlled substance to a degree that may endanger oneself or another person, or damage property or park resources is prohibited. Soliciting or demanding gifts, money, goods or services is prohibited except pursuant to the terms and conditions or a permit that has been issued under §2.50, §2.51, or §2.52. (a) Using, possessing, storing, or transporting explosives, blasting agents or explosive materials is prohibited, except pursuant to the terms and conditions of a permit.
(b) Fireworks and firecrackers may only be possessed and/or used under a permit issued by the Superintendent. (a) Sports events, pageants, regattas, public spectator attractions, entertainments, ceremonies, and similar events are allowed, provided 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 therefor has been issued by the Superintendent. (c)(2) Designated Available Park Areas
All public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views will be limited to established demonstration areas (see accompanying map).*This area is large enough to accommodate multiple use including public assemblies. This location meets the requirements outlined in 36 CFR section 2.51 (e) 1-5 as to not damage the resource, interfere or impair any government or public activity or endanger any persons. (a) The installation of a monument, memorial, tablet, structure, or other commemorative installation in a park area without the authorization of the Director is prohibited.
(b) The scattering of human ashes from cremation is prohibited. All park waters are closed to swimming and wading.
(a) Operating a motor vehicle is prohibited except on park roads, in parking areas and on routes and areas designated for off-road motor vehicle use.*Roads that have been “closed” to the public are signed to indicate “Authorized Vehicles Only” or “Residents Only”, etc.
(b) A maximum speed limit of 15 miles per hour is established within all public roads and parking lots within the park.
* High visitation within developed areas of the park necessitates reduced speed limits. E-Bikes
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 hp). E-bikes are allowed in the park where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited. (For example, E-Bikes are prohibited from being used on trails.) Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited. Persons with disabilities using an e-bike as an Other Power-Driven Mobility Device may use it without regard to pedaling and class restrictions. When safe and prudent to do so a person with a disability may operate an e-bike throughout the Park except in buildings. Individuals operating in areas otherwise closed to e-bikes may be challenged by Park staff but can assert their permission through a state-issued disabled placard or their personal assertion. 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, the use of E-bikes within the park 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. (d)(3) Riding a bicycle abreast of another rider is prohibited on all roads in the park. Commercial notices or advertisements shall not be displayed, posted, or distributed on federally owned or controlled lands within a park area unless prior written permission has been given by the Superintendent.
(b) & (c) Using commercial vehicles on government roads within park areas when such use is in no way connected with the operation of the park is generally prohibited and requires permission or a permit from the Superintendent.
In accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Abraham Lincoln Birthplace National Historical Park uses Closed Circuit Television (CCTV) security camera monitoring.
The park’s use of Closed Circuit Television (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 detection, investigation, prevention, and deterrence of terrorist attacks and crimes; 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 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. |
Last updated: July 26, 2024