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 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

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

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.

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

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.

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 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:

• Is the use or activity consistent with the NPS Title 54 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 and United States Park Police 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 staff at the park address 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.

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.

10. Additional Information

Some terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.

11. Availability

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

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

(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.

VISITING HOURS

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:

• New Year’s Day
• Thanksgiving Day
• Christmas Day

*Visitor center hours may be extended or reduced at the discretion of the Superintendent, and/or upon Executive Order or direction from the Agency.

• Restroom facilities at the Birthplace unit are attached to the Visitor Center. As with all facilities, the restrooms are subject to the above visiting hours.

The Memorial Building is open Sunday through Saturday from 9:00 AM to 4:30 PM daily, except for the previously identified 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.

• Restroom facilities at the Birthplace unit are attached to the Visitor Center. As with all facilities, the restrooms are subject to the above visiting hours.

*The Picnic Area restroom facilities will close at the same time as the Visitor Center. No exceptions will be made for after operating-hour permitted events.

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.

PUBLIC USE LIMITS

Boardwalk Memorial Trail

• Due to varying weather impacts, the boardwalk to the Memorial Trail may be closed. There may be times when the boardwalk cannot be maintained or treated. As such, the entrance and exit will be clearly marked with appropriate barriers and signage and visitors will be prohibited from entering/using the boardwalk.

*This action is to provide for public safety and protection of park facilities and resources.

Parking Area Time Limits

• Overnight parking is not permitted. Vehicles parked overnight and left unattended may be towed at the owner’s expense.

*This action is to provide for safety of staff and visitors, daily closing of the park and grounds as listed, and protection of park facilities and resources.

Picnic Area Limits

• The picnic area at the Birthplace unit, including its pavilion and facilities, are part of the national park. The area is directly across US 31 from the main entrance and adjacent to private property and a campground. As such, approved uses for this area do not include activities that result in loud noise, impacts to traffic, or other users or the visitor experience.
  • Groups of 25 or more will be required to apply for a permit. (See Special Use Permits)
  • Sound systems for music and voice amplification devices are prohibited.

*This action is to provide for safety of staff and visitors, daily closing of the park and grounds as listed, and protection of park facilities and resources.

CLOSURES

(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.

• The Superintendent or acting designee may close all or portions of the park during periods of inclement weather, based on forecasts of inclement weather, or due to other hazardous conditions. Closures will be identified by posting signs, maps, media notifications, and/or barriers and gates as appropriate.

• Areas of new construction, reconstruction or rehabilitation may be closed to visitors for safety and to avoid unreasonable conflict with authorized work. Roads and other facilities may be closed during periods of inclement weather or hazardous conditions to ensure public safety.

• The Sinking Spring and associated cave, the area beyond the fenced viewing area, is off limits to the public at all times.

• The interiors of the Symbolic Birth Cabin and the Knob Creek Farm Cabin are only open to the public during scheduled tours and at times when a park staff member or volunteer are present.

• Both the Birthplace and Boyhood Home units will be closed on New Year’s Day, Thanksgiving Day and Christmas Day. (*This includes all facilities and grounds.)

The following areas are closed to all public use, entry and access at all times:

• All archaeological sites will be marked as a restricted area and closed to entry.

• All waters are closed to swimming or wading.

• All park wetlands are closed to public use.

• All or portions of the park or any building may be closed when necessary to protect the public from unsafe conditions or to protect park resources from irreversible damage.

• Maintenance areas, to include buildings, and equipment and material storage areas, and service/access roads not having dual designation as park trail routes are closed to public use.

• Areas leading to and containing residential quarters are closed to public entry.

* These closures are in effect to protect cultural and natural resources of the park, especially the Sinking Spring, Memorial Building and Symbolic Cabin, Knob Creek Tavern, Knob Creek Cabin and the portion of Knob Creek that traverses through the park. Furthermore, National Park Service units are designed to provide for visitor experiences in which natural and cultural resources are protected in such a manner as to provide for their enjoyment by current and future generations. Additional closures and/or limits may be established to protect resources.

Bicycles, E-Bikes, Skateboards and Motorized Recreational Vehicles and Pedestrians

• All park trails, and maintenance and fire access roads are closed to bicycles and E-bikes.

• All areas of the park are closed to skateboards.

• All park roads, parking lots, trails and maintenance and fire access roads are closed to recreational vehicles, often referred to as UTVs, ATVs, four-wheelers, dirt bikes, etc.

• The Sinking Spring is closed to all pedestrians beyond the fenced viewing area.

• Leaving an established, marked trail to shortcut between portions of the same trail or an adjacent trail is prohibited. ("Shortcutting" on trails causes damage to the cultural, historical and natural resources of the park.)

*The design of foot trails is for that specific designed use. Bicycle traffic on foot trails poses a serious threat to the intended users and trail integrity. The use of other previously mentioned forms of transportation in these areas also poses a serious risk to users, intended users, and resource integrity. The prohibitions in this paragraph do not apply to park personnel acting within the scope of approved management activities.

Camping

• Camping is only allowed by permit and with an approved permit between the park and a cooperating organization with volunteer service to the park.

*The park does not have purpose-built camping areas. The limitation to cooperating groups allows camping in furtherance of park management objectives. This closure is in effect to maintain the historical significance and protect natural and cultural resources.

Fishing and Boating

• Except by written authorization from the superintendent, all fishing and boating within the park are prohibited. This includes but is not limited to:
  • Sinking Spring
  • Knob Creek

*Fishing and boating closures are in effect to maintain the historical significance of the park, protect cultural and natural resources and to provide for public safety.

Geocaching

• Geocaching is prohibited within the park.

*This closure is in effect in order to maintain the historical significance of the park, protect the cultural and natural resources and to provide for public safety

Horse and Pack Animals

• The following areas are closed to horse and pack animals:
  • All areas within the Birthplace unit
  • All areas within the Boyhood Home unit

*This closure is in effect in order to maintain the historical significance of the park, protect the cultural and natural resources and to provide for public safety, to include riders, motorists and pedestrians.

Hunting

• Hunting, in any form, is prohibited with the park. This includes all units and all property within the federal boundary of the park.

* Hunting is incompatible with the historic mission of the park and poses a safety hazard to visitors and staff.

• The open display and/or use of radio telemetry equipment (aka, GPS devices and radio collars), used to track wildlife and hunting dogs, is prohibited in the Park, and may only be used with the permission of the Superintendent, and may only be used to expedite the retrieval of a dog that is believed to be running loose in the park. Persons seeking permission to display or use radio telemetry equipment in the Park shall, on a daily basis, provide their name, telephone number and vehicle description as well as a description of the dog(s) being sought, and the area in which the search is to be conducted. Permission to use this equipment to retrieve a loose dog does not exempt a person from any other regulation or law. (Persons with a valid Research Permit are exempted from this requirement.)

*Radio telemetry is an efficient method of catching a dog that has entered the park. However, radio telemetry can also be used to track wildlife or to facilitate a hunt by tracking dogs in pursuit of wildlife. This restriction is intended to address the specific use of GPS technology as a means of hunting, which is prohibited within the boundaries of the park.

Pets

• Possession of pets is prohibited inside government buildings.

*This closure is in effect in order to maintain facilities and provide for the safety of all staff and visitors to government facilities.*Service animals are not pets, therefore, this closure does not apply to service animals.

Picnicking

• Picnicking is only allowed within designated areas of the park.
• The following areas are closed to picnicking:
  • All areas of the Birthplace unit west of US 31, with the exception of the areas around private quarters occupied by staff. (Only employees living in quarters and their private guests may picnic in areas around private quarters.)
  • All areas outside of the designated picnic space at the Boyhood Home unit (identified as the improved area with picnic tables

Picnicking is defined as any excursion or outing in which participants bring food and set up property for the purpose of cooking, preparing or serving a meal in the open air. This property could include, but is not limited to chairs, tables, canopies, serve ware, plates, utensils or cooking devices. Solely use of coolers, beverage containers or mere presence of food or eating in of itself does not constitute picnicking for the purpose of this closure.
*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

• As protected by 36 CFR 2.1(a), collecting archeological, paleontological, or other historic resources from within the park, or possessing artifacts or items discovered and collected from within the park, are prohibited activities.
  • This includes all historical/archaeological artifacts and all paleontological resources including but not limited to: arrowheads, nails, fossilized seashells, shark teeth, etc.

Remoted-Controlled Vehicles

• The park is closed to the use of motorized, radio-controlled vehicle models.

*Such activities are considered inappropriate in historical interpretive areas and could constitute a danger to safety.

Smoking

• Smoking, including the carrying of lighted cigarettes, cigars and pipes is prohibited inside all park buildings, within 50 feet of buildings, and on trails and sidewalks.
• Electronic nicotine delivery systems, such as an electronic cigarette and vape inhaler, and any other device used to simulate smoking by inhaling vapor, is prohibited inside all park buildings, within 50 feet of buildings, and on trails and sidewalks.

*Second-hand smoke has negative consequences to the health of other visitors and staff.**Smoke inhalation can ruin the visitor experience for non-smokers.

Sports and Recreation

• Trail running/hiking are permitted on trails constructed of natural material within Abraham Lincoln Birthplace NHP. Running on accessible boardwalk and paved areas surrounding the visitor centers is prohibited without an approved permit signed by the Superintendent.

* Areas surrounding the visitor centers are heavily populated by visitors of all ages, sizes, abilities and experiences. Running in these areas poses a safety risk for visitors and may negatively impact the visitor experience in an area of primary historical importance in preserving the integrity of the sites and in interpreting the historical significance of each site of the roles they played in the early development of Abraham Lincoln.

• Areas within Birthplace unit located west of US 31, with exception of private quarters area, are closed to playing of sports/organized sports or conducting similar activities/recreational activities. These activities include, but are not limited to baseball, football, basketball, soccer, golf, ball playing, frisbee throwing, kite flying, tree climbing, sunbathing, etc.)
  • Only staff living in quarters and guests may conduct these activities in quarters areas.

• The playing of sports or organized sports or conducting similar activities or recreational activities is prohibited at the Knob Creek unit.

*These are areas within the park of primary historical importance in preserving the integrity of the sites and in interpreting the historical significance of each site for the roles they played in the early development of Abraham Lincoln. Those recreational uses not permitted in historical interpretation areas conflict with the legislative purpose of the park, detract from the historic scene and contribute to destruction of the historic fabric of the park.

Stacking Rocks or Similar Activities

• Stacking rocks for any purpose or using rocks to create any sort of structure is prohibited.

*The use of rocks to construct cairns, chairs, benches and other rock structures alters the landscape from its natural condition and in many cases detracts from the park’s  scenic beauty. Disturbing rocks from their natural state can also alter or destroy habitat for a wide range of plant and animal species.

Swimming, Wading, Bathing and Sunbathing

• Swimming, wading, bathing and sunbathing are prohibited in all areas of the park.

*This closure is in effect to maintain the park’s historical significance, protect cultural and natural resources, and provide for public safety, and designated pursuant to 36 CFR § 3.16.

Unmanned Aircraft

• Launching, landing, or operating unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of the park is prohibited except as approved in writing by the Superintendent.

Definition: The term "unmanned aircraft" means a device used/intended to be used for flight in the air without possibility of direct human intervention from within or on the device, and the associated operational elements and components 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, quad copters, drones) that are used for any purpose, including for recreation or commerce.*The use of unmanned aircraft has the potential to cause unacceptable impacts such as harming visitors, causing excessive noise, impacting viewsheds and disturbing wildlife. Allowing the unrestricted use of unmanned aircraft before could result in unacceptable impacts to park resources, park values and visitor safety.

Use of Generators

• The use of generators within the park is prohibited unless authorized by the Superintendent. Their use will only be authorized for purposes that benefit the park and its visitors.

*The noise created by generators negatively affects the enjoyment of other park visitors and disturbs wildlife.

Winter activities

• Sledding, skating, skiing, cross-country skiing and/or snowshoeing are prohibited.

*The closure for winter activities is in effect to maintain the historical significance the park, protect natural and cultural resources and provide for public safety.

Wildlife

• Willfully approaching within 50 yards of bear, deer or turkey, or within any distance resulting in their disturbance or displacement is prohibited. Touching, feeding or attracting of wildlife is prohibited.

*Wild animals have behavior that is often unpredictable. Engaging in any activity which places a person in close proximity to wild animals, and/or willfully approaching wildlife, creates unsafe conditions for wildlife and humans and may place the person at risk for injury or death. Wildlife may interpret this human behavior as threatening or aggressive, which in turn jeopardizes the well-being of the animal. *This restriction does not apply to inadvertent or casual encounters with wildlife in developed areas where normal foot or motor vehicle traffic is routine or essential, or in areas where there is no reasonable alternative travel route. The prohibitions in this paragraph do not apply to park personnel acting within the scope of approved management activities.

Areas Designated for a Specific Use or Activity

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.

• Access is limited to staff, volunteers, contractors, and visitors with official business. Park visitors and guests may request assistance at the main desk within the Visitor Center.

* It is critical to provide for safety and security of employees and government facilities. Access to park headquarters will be maintained via locked doors and an alarm system.

Maintenance Facilities
The Park Maintenance Facilities are strictly for government use.

• Maintenance facilities, associated shops, buildings and areas, and related roads are closed to the public except by special permission from the superintendent.

*The security of maintenance facilities, areas and roads are paramount to park safety, maintenance, protection and preservation. Activities associated with park operations require training and safe action that would be impaired by allowing the public to enter. Keeping these areas closed does not result in any adverse impact on visitor 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.

• Drivers of commercial passenger carrying motor vehicles (ex. buses) are prohibited from idling their engines. Engines must be shut down when not underway.

*The idling of bus engines adds unnecessary exhaust fumes to the air and diminishes the enjoyment by visitors of the peace and tranquility of the park.

• Operators of any motor vehicle are prohibited from idling their engines for more than five minutes in all areas of the park. Engines must be shut down when not underway.

*This restriction was based on the determination that emissions from idling engines negatively impact the health of visitors, staff and neighbors. Additionally, the noise and fumes from idling engines negatively impact the visitor experience at the park.

(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

• Any activity in which members of a group of 25 or more persons depart from an established road, trail or parking area must be conducted pursuant to a permit issued by the Superintendent.

*The use of off-trail areas by large groups results in significant impacts to park resources. The requirement of a permit allows staff to work with the group to mitigate those impacts.

Coordinated Running Events and Races or Similar Activities

• A special use permit must be requested for conducting activities such as group runs, races, walks, hikes, etc. within the park.
• A special use permit may be issued for an event upon review and coordination with the sponsoring group if approved by the superintendent.
• May only take place within the existing road and trail network of the park.

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

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.

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

• All events not sponsored by the National Park Service

HAM Radios

• Ham radio activities cannot impede visitor safety, access, or enjoyment of any parking lot, trail, or other part of the park. All equipment and activities for operating ham radios must be self-contained (in vehicle or hand-held). Attaching equipment to any structures, rocks, trees, or other natural or historic resources within the Park, in any location, is never allowed.

• Transmissions from vehicles are limited to the picnic area parking lot. No transmissions from vehicles are allowed in the main parking lot at either unit.

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.

Guided tours

• Guided tours performed by staff, registered and approved park volunteers, official park partners, Friends groups, and cooperating associations, in conjunction with park-sponsored interpretation programs, educational programs and/or living history demonstrations for interpretive program purposes are permitted and occur as part of regular and reoccurring park operations.

*Guided tours conducted by all other groups require a permit issued by the superintendent.

**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

• 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.

§2.5 Research Specimen Collection
(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:

1. Demonstrations involving 25 persons or fewer may be held without a permit within designated park areas, provided that:
   1. None of the reasons for denying a permit that are set out in paragraph (f) of this section are present.
   2. The group is not merely an extension of another group already availing itself of the small group permit exception under this provision.
   3. They will not unreasonably interfere with other permitted demonstrations and special events, or park program activities; and
   4. Hand-carried signs may be used, but stages, platforms or structures may not.

§2.52 – Sale or distribution of printed matter and other message-bearing items

(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:

1. Sale or distribution activity by 25 persons or fewer may be conducted without a permit within designated park areas, provided that:
   1. None of the reasons for denying a permit that are set out in paragraph (f) of this section are present. – (f). If a permit is denied, the superintendent will inform the applicant in writing of the denial and the reasons for it.
   2. The group is not merely an extension of another group already availing itself of the small group permit exception under this provision.
   3. The sale or distribution will not unreasonably interfere with other permitted demonstrations and special events, or park program activities; and
   4. Hand-carried signs may be used, but stages, platforms, or structures may not be.

§2.62 – Memorialization
(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:

1. It takes place at location(s) where/when public are generally not allowed;
2. It uses equipment that requires mechanical transport;
3. It uses equipment that requires external power source other than a battery pack;
4. The agency would incur additional administrative costs to provide management and oversight of the permitted activity to:
   1. Avoid unacceptable impacts and impairment to resources or values;
   2. Minimize health or safety risks to the visiting public.
   3. Cost recovery charges associated with processing the permit request and monitoring the permitted activity will be collected.
   4. The location fee schedule for still photography conducted under a permit issued under 43 CFR part 5 applies to audio recording permits issued under this part.

§5.7 – Construction of Buildings or Other Facilities

• Constructing or attempting to construct a building, or other structure, boat dock, road, trail, path, or other way, telephone line, telegraph line, power line, or any other private or public utility, upon, across, over, through or under any park areas, except in accordance with the provisions of a valid permit, contract, or other written agreement with the United States, is prohibited.

43 CFR § 5.2 – When do I need a permit for commercial filming or still photography?
(a)     All commercial filming requires a permit.
(b)     Still photography does not require a permit unless: 

1. It uses a model, set, or prop as defined in § 5.12; or
2. The agency determines a permit is necessary because:
   1. It takes place at location where/when public is not allowed
   2. The agency would incur costs for providing on-site management and oversight to protect agency resources or minimize visitor use conflicts.

(c)     Visitors do not require a permit for filming or still photography activities unless filming is commercial filming as defined in § 5.12 or the still photography activity involves one of the criteria listed in § 5.2 (b).

III. GENERAL REGULATIONS

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.

 

36 CFR § 2.1 – Preservation of Natural, Cultural, and Archeological Resources

(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:

• (c)(1)  The following fruits (including the fruiting bodies of certain mushrooms), berries and nuts may be gathered by hand for personal consumption or use. Quantity is limited to one quart per person, per visit.
  • Blackberries,
  • Blueberries,
  • Strawberries,
  • Grapes,
  • Cherries,
  • Pokeberries,
  • Pawpaws,
  • Mushrooms (Only Edible Species),
  • Walnuts,
  • Hickory Nuts,
  • Hazel Nuts,  
  • Beech Nuts And 
  • Acorns

*Collecting fruits, nuts, and berries from plants that produce on a perennial basis is consistent with the protection of the park's natural resources. It has been determined that the gathering and/or consumption of the above in the quantities described below will not adversely affect park wildlife, the reproductive potential of individual plant species, or otherwise adversely affect park resources.

• Collecting and/or gathering activities may only take place in areas permitted for public entry. Areas such as park headquarters, maintenance, private quarters, etc. and any other area identified as restricted to authorized personnel only, are prohibited from these activities.

* Conducting these types of activities in the above locations identified as restricted would present significant safety and/or privacy risks.

36 CFR §2.2 – Wildlife Protectio

(b)  Hunting and Trapping are prohibited within the park boundary.

*It is recognized that when using animal tracking technology from park roads or any property within the legislative boundary of the park to track dogs that are pursuing wildlife outside of park boundaries, persons are clearly engaged in a hunt and are in violation of this regulation.

1. The transportation (including recovery) of lawfully taken wildlife through the park is permitted under the following conditions and procedures:
   • Lawfully taken on lands adjacent to the park when the only access to such lands is through park property.
   • Notification must be made to the Superintendent by calling the Visitor Center, and transportation must be approved prior to such transportation taking place.
   • Transportation of wildlife is prohibited in Historical Interpretation Areas, the Visitor Center and Park Headquarters.
   • Transport is limited to the nearest reasonable access to an intersecting state road or highway.

1. All areas within the park are closed to the viewing of wildlife with the use of artificial light.

36 CFR § 2.3 – Fishing

(a) Fishing is not allowed within the boundaries of the park.

36 CFR § 2.4 – Weapons, Traps, and Nets

(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:

• Other weapons, traps and nets as defined under 36 CFR 1.4 require a permit.

§ 2.11(a) – Picnicking

Picnicking is permitted in the following designated picnic areas, as identified on the accompanying map:

• The picnic area across from the main entrance on US 31.
• The picnic tables in front of the Knob Creek Tavern on the left.

*All fires must be contained within barbeque grills or portable stoves.*Parties of more than 25 people must obtain a special use permit.

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:

• Fires are allowed by public only in designated areas within BBQ grills/portable stoves.
• Public fires may only take place within BBQ grills and portable stoves in picnic areas.

*All fires shall be extinguished before departure.*The Superintendent may impose emergency fire restrictions during periods of high fire danger.

36 CFR § 2.14 – Sanitation and Refuse

(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:

• The disposal of human body waste shall be accomplished only at public restroom facilities within the park.

36 CFR §2.15 – Pets

(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:

• 20 feet from the trail edge
• On walkways and hard surfaces
•  In parking lots

*Pet excrement is malodorous, unsightly, and unsanitary. It is unreasonable for other park visitors to be exposed in close proximity to pet excrement.

36 CFR §2.16 – Horses and Pack Animals

(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.

36 CFR §2.20 – Skating, Skateboards and Similar Devices

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.

36 CFR §2.21 – Smoking

(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.

36 CFR §2.22 – Property

(a)(2)     All vehicles left for more than 24 hours will be towed at the owner’s expense.

36 CFR §2.35 –Alcoholic Beverages and Controlled Substances

(a)(3)     The consumption of alcoholic beverages is prohibited in the following areas:

• Parking areas and roads, and trails
• Memorial Building and the surrounding plaza, including steps leading to the building
• Sinking Spring, flagpole and surrounding courtyard
• Knob Creek Cabin

*Consumption of alcoholic beverages is prohibited in the listed areas area due to incompatible nature of the activity with regards to the historical and memorial purposes for which the park was legislatively intended.

(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.

36 CFR §2.37 – Noncommercial Soliciting

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.

36 CFR §2.38 – Explosives

(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.

36 CFR §2.50 – Special Events

(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.

36 CFR §2.51 – Demonstrations and Designated Available Park Areas

(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.

36 CFR §2.62 – Memorialization

(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.

36 CFR §3.16 – Swimming and Wading

All park waters are closed to swimming and wading.

36 CFR §4.10 – Travel on Park Roads and Routes

(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.

36 CFR §4.21 – Speed Limits

(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.

36 CFR § 4.30 – Bicycles

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.

36 CFR §5.1 – Advertisements

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.

36 CFR §5.6 – Commercial Vehicles

(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.

IV. CCTV POLICY STATEMENT

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.

 

Special Use Areas for 36 CFR §2.11 (Picnicking) and 36 CFR §2.51(c)(2) (Demonstrations), and Areas Designated as Off Limits to the Public

 

Special Use Areas for 36 CFR §2.11 (Picnicking) and 36 CFR §2.51(c)(2) (Demonstrations), and Areas Designated as Off Limits to the Public