2021 Minute Man NHP Superintendent's Compendium

Updated March 12, 2021

Minute Man NHP Superintendent’s Compendium

Introduction

Visiting Hours, Public Use Permits, Closures and Area Designations (36 CFR §1.5)

Activities That Require a Permit (36 CFR §1.6)

Resource Protection, Public Use, and Recreation (36 CFR, Part 2)

Boating and Water Use Activities (36 CFR, Part 3)

Vehicles and Traffic Safety (36 CFR, Part 4)

Appendix A: Demonstration (First Amendment) Sites

Appendix B: Speed Limits

National Park Service Minute Man 174 Liberty St. U.S. Department of the Interior National Historical Park Concord, MA 01742

Superintendent’s Compendium Type text here 978-369-6993 phone Of Designations, Closures, Permit 978-318-7810 fax Requirements and Other Restrictions Imposed Under Discretionary Authority.

Updated/Approved:

Date: 06/02/2021 ______BJ Dunn, Date Superintendent

A. INTRODUCTION

1. Superintendent’s Compendium Described

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

The regulations contained in 36 CFR, Parts 1-7, are the basic mechanism used by the National Park Service (NPS) to preserve and protect the natural and cultural resources of the park and to protect visitors and property within the park. Parts 1 through 6 are general regulations applicable to all areas of the National Park system, and Part 7 contains special regulations specific to individual parks. Each of these Parts has many sections and subsections articulating specific provisions. Within some of these Part 1-7 sections and subsections, the Superintendent is granted discretionary authority to develop local rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or special needs of the general public.

As an example, 36 CFR 1.5(a) Closures and Public Use Limits provides the Superintendent certain discretion in allowing or disallowing certain activities. The authority granted by the Section, however, requires the Superintendent to comply with the Administrative Procedures Act (6 USC Section 551), which requires public notice on actions with major impact on visitor use patterns, park resources or those that are highly controversial in nature. 2

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 on the Internet at:

http://www.access.gpo.gov/nara/cfr/waisidx_05/36cfrv1_05.html

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

The National Park Service (NPS) is granted broad statutory authority under 16 United States Code (U.S.C.) Section 1 et.seq. (Organic Act of 1916, as amended) to “…regulate the use of the Federal areas known as national parks, monuments, and reservations…by such means and measures as conform to the 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” (16 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” (16 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 (16 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 1916.

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

16 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 the Management Policies, 3

the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitor and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the Superintendent has a reasonable basis to believe a resource is or would become impaired, than that Superintendent is obliged to place limitations on public use.

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

The Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866. In addition, this Compendium will not have a significant economic effect on a number of small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall under the requirements of either 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 the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 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 National Park System area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are:

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

5. Applicability of the Compendium

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

6. Enforcement of Compendium Requirements

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

7. Penalties for Not Adhering to the Compendium Requirements

A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this 4

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

8. Comments on the Compendium

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

9. Effective Date of the Superintendent Compendium

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

10. Additional Information

Some of the 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 174 Liberty St. Concord, Ma. . It may also be found at https://www.nps.gov/mima/index.htm

In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7, authorized by Title 16 United States Code, Section 3, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Minute Man NHP. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.

Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 1.5(c), appear in this document identified by italicized print.

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

(a)(1) The following visiting hours and public use limits are established for Minute Man National Historical Park.

Visiting Hours:

Visiting hours for the Park, including all lands, trails facilities, and parking lots, are sunrise to sunset. This includes all areas administered by the Park including the North Bridge area and North Bridge Parking lot, the Wayside House area, and associated parking lot, and the areas and parking lots associated with the Battle Road unit which runs along both side of a stretch of Rt. 2A in Lexington and Lincoln, and along both sides of a stretch of Lexington Rd. in Concord,. Signs signify the Park entrances but are not exact boundary markers.

Determinations: The park trails, grounds and parking lots are closed at sunset in order to protect historic structures, livestock, cultural resources, and natural resources when made more vulnerable by the cover of darkness.

Please Note: The grounds and lots are “closed” even when the gates are not physically closed. Signs in the lots indicate the closed condition and visitors are expected to keep out of the lots and off the grounds and out of the parking lots after sunset.

Closures:

Areas and Structures:

• Visitor Centers are closed on Thanksgiving Day, Christmas Day, and New Year’s Day and may be closed at other times. The Schedule for the visitor centers will be posted in the “Minute Man Messenger” and on the park web site.

• Parking lots, trails, grounds, areas on the grounds, and buildings, may be temporarily closed as a result of: o Public Safety conditions (usually associated with snow and ice) o Resource Protection conditions o Special Events o Construction or maintenance activities

• Parking lots are closed to public use after sunset and before sunrise. Lots may be physically closed off at night or during snow, or weather conditions, or projects, or events. Lot closures will be indicated by gates, chains hanging across entrances, cones, signs, or other physical means.

• Agricultural areas, including fields, associated dirt roads, structures, and animal enclosures are closed to visitor access except as part of an organized park program or as part of program presented by another permitted or cooperating organization. Taking of flowers, vegetables, and other crops is not permitted. A Special Use Permit or official agreement is required to conduct programs in the Park.

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

Definition: The term “unmanned aircraft” means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links.) This term includes all types of devices that meet this definition (e.g. model 6

airplanes, quadcopters, drones) that are used for any purpose, including for recreation or commerce.

• Fishing in the park is regulated by the laws of Massachusetts. Fishing from the banks of the river in proximity to the North Bridge is not allowed as indicated by the graphic found on page 15 of this document. Fishing in the Concord River from a boat is governed by the laws of the State of Massachusetts.

(a)(2) The following sections have been designated for a specific use or activity, and/or conditions are in effect for the specific uses or activities noted:

Face Covering/Mask Use for Public Health During COVID Pandemic: All individuals over the age of two who are not yet fully vaccinated must wear masks, except when actively eating or drinking, in the following locations:

• All common areas and shared workspaces in buildings owned, rented or leased by the National Park Service, including, but not limited to, park visitor centers, restrooms, administrative offices, museums, gift shops, and interpretive buildings.

• The following outdoor areas, when others are present, where the superintendent has determined that physical distancing (staying at least six feet apart) cannot reasonably be maintained:

o Parking Lots (paved or unpaved) o Developed areas around visitor centers and historic structures (including access sidewalks and trails) o North Bridge (between monuments) o Boardwalks o During outdoor ranger led programs o During group events or activities in developed areas to include volunteer projects

• On all trails IF approaching or passing by another person AND 6 feet or more of physical distancing cannot be maintained between you and another party (excepting members of your own party). Includes but not limited to the following:

o Battle Road Trail o All North Bridge trails o Vernal Pool Trail o Fiske Hill Loop Trail o Smith Trail

Determination: On January 20, 2021, the President signed Executive Order 13991, Protecting the Federal Workforce and Requiring Mask-Wearing (E.O. 13991). E.O. 13991 directs federal agencies to: … immediately take action, as appropriate and consistent with applicable law, to require compliance with [Centers for Disease Control and Prevention] guidelines with respect to wearing masks, maintaining physical distance, and other public health measures by: on duty or on-site Federal employees; on-site Federal contractors; and all persons in Federal buildings or on Federal lands. On March 19, 2021, the Deputy Director of the National Park Service issued a memorandum which implemented the above requirements based on a May 13, 2021, the Centers for Disease Control and Prevention (CDC) issued Interim

Public Health Recommendations for Fully Vaccinated People. The Department of the Interior’s current COVID-19 policy incorporates CDC guidance.

Bicycles (traditional and E-Bike):

• Bicycle use is encouraged in the park and may be used in many areas with the following exceptions and conditions: o Bicyclists must walk bikes across boardwalks o Bicyclists must walk bikes on the North Bridge o Bicyclists must walk bikes between Monument St. and the Minute Man Statue o Bicyclists must yield right of way to pedestrians o Bicyclists should signal when overtaking and passing. o Bicyclists must walk bikes on the Vernal Pool trail. o Bicyclists must walk bikes on the Fisk Hill loop trail o Operation of bicycles must comply with Massachusetts law. o Bicycles may not be ridden in fields, on lawns, or in undeveloped areas. o No riding off trail. E-Bikes: o Class 1, 2, & 3 e-bikes are allowed on the Battle Road Trail & North Bridge Trail o Speed Limit 10 mph o Class 2 e-bikes must utilize pedaling. Using Class 2 e-bike without pedaling is prohibited.

Also refer to §4.30 Bicycles

Launching Boats: • Boats (including canoes and kayaks) may NOT be launched (i.e. carried from a vehicle down to the river) into the Concord River within the park boundary except from the boat house adjacent to the Manse with the permission of the Director of the Manse. (Note: The Manse is owned and operated separately from the Minute Man National Historical Park). • Small boats may pull up on the shore of the river so that passengers may disembark and visit the Park except at any time or location where there is not a sign on the shore prohibiting that activity. (Example: a project to restore vegetation to the riverbank might require the area not be trampled thus canoes and kayaks would not be allowed to be dragged on to the shore in that location.

The prohibition on launching boats is to preserve the limited parking space in the North Bridge lot and to prevent conflicts and injuries resulting from boaters carrying their boats and equipment through areas often crowded with visitors. There is a popular boat launch available just upstream at Lowell Rd.

Camping:

• No group or personal camping is permitted within the park boundary except by Permit. Permits for camping are very infrequently granted as there is no developed campground in Minute Man NHP. Camping is only occasionally permitted when associated with a program or activity being provided for the public in cooperation with the Park. Conditions and prohibitions associated with the activity will be listed in the Special Use Permit.

Docking or Mooring Areas:

• Except where posted otherwise, boaters may temporarily pull their boats up onto the Concord River shoreline in order to visit the North Bridge area.

ENDS (Electronic Nicotine Delivery Systems):

• The use of ENDS is not permitted in any location where Smoking is not permitted. For more information see 36 CFR §2.21 – SMOKING

Fires: • Fires are not permitted except under the conditions of a Special Use Permit. Cooking on a grill of any kind, accept inside a trailer or RV, is not permitted accept under the conditions indicated in a Special Use Permit or other official agreement.

Grill use may be allowed under conditions specified in a Special Use Permit issued by the Superintendent.

This condition is established in order to prevent wild land and structural fires.

Hiking or Walking: • Hiking or walking in the park is encouraged on developed and designated trails which include the Battle Road trail, the Vernal Pool trail, the Fisk Hill trail, the historic road trace between Monument street and Liberty St. the trail between the Smith house and the Hartwell site, and the other walk ways that run between the parking lots and structures. • Dwellings, farm buildings, and areas that are in active agricultural use are not open to biking, hiking or walking accept by invitation, Special Use Permit, or during an official program. • Keep 100 yards away from occupied dwellings (or closer if a public path passes more closely than 100 yards). Respect the privacy of residents within the park.

Horses: • Horses may not be ridden on the Battle Road trail or other areas owned or administered by the Park. • Special Use Permits are occasionally issued to allow a horse to be ridden in the park. Such permits are issued in conjunction with the presentation of an event and not for recreational purposes. • Patrols by law Enforcement officers or for the purposes of Interpretation will occur occasionally. • Horses may be ridden on public roads running through the park under conditions established by State Law.

There is no designated area for the riding of horses in Minute Man NHP. This condition is established in order to prevent conflicts between horse riders and others and to protect park resources and trails which are not suitable for horses.

Idling of motor vehicle engines: • Engines must be shut down when vehicles are not underway. • Emergency / Law Enforcement vehicles are exempt when in-service.

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

Personal Watercraft Use: • In accordance with the Policy of the National Park Service, the use of Personal Watercraft (PWC) is prohibited in the park (The boundary of the park on the river is defined by the section of river between the bridge that carries Monument St. to the Bridge that carries Lowell Road.). Personal Watercraft (PWC) are defined in 36 CFR § 1.4(a). This regulation applies to “Jet Skis.”

Personal Watercraft (PWC) are prohibited in units of the National Park Service except where designated by special regulation. Accordingly: Jet Ski use on the Concord River between the bridge over Monument Street and the Bridge over Lowell Road is Prohibited.

Parking lot use • Parking lots are provided for visitors to park their vehicles while visiting Minute Man NHP with the intent to use the developed park trails; explore a Visitor, Center, contact station, or structure; or view a monument or area of cultural landscape; for employees or park volunteers; and for busses and other public conveyances in use bringing visitors to the park. Use of the Minute Man NHP parking lots for construction vehicles and to temporarily keep construction equipment is permitted when such vehicles and equipment is associated with work being done on behalf of Minute Man NHP via contract or other agreement with Minute Man NHP. Parking lots are open to use by emergency vehicles. Parking lots are closed to use by all others accept by permit.

This condition is established to protect the availability of parking space for visitors. The parking lots are not provided as a place to leave a vehicle for a period of time while the occupants are doing something other than visiting the park as this limits the availability of parking for visitors.

Picnicking: • Picnicking is allowed in the park at the picnic area provided in the Hartwell Tavern area and at tables on the grounds of the Minute Man Visitor Center and at the North Bridge Parking lot. • Picnicking is also permitted on most other public areas in the park provided that the activity does not interfere with park operations (such as Ranger Presentations or Maintenance operations) or block a path or route of travel. • Picnicking is not permitted on the Structure of the North Bridge or on the grounds of the Hartwell Tavern. • Use of Grills is not permitted except by permit. Permits for grill use are rarely granted and usually only when the grilling is associated with a Park sponsored event.

This is a “Carry in, Carry out, Park. There are no trash receptacles available. Visitors are asked to “Carry Out” their trash.

Skiing and Snow Shoeing: • Skiers and those using snowshoes are welcome to use the Battle Road trail when conditions are suitable. • The trail is not groomed for skiing. • Skiers are encouraged to create a track and other users are encouraged to stay out of that track it but it must be understood by skiers that the ski track will be damaged by foot prints and snow shoes. • Skiers and Snowshoers must keep a respectful distance (100 yards) from dwellings, and well away from structures, and equipment they encounter (100 feet)

Sports Activities (other): • There are no playing fields or sports facilities within the Park. Recreational sports and the use of sporting equipment as organized (i.e. competitive type sports) activities require a permit. The use of sporting equipment for recreation must be conducted in such a way as to not spoil the contemplative, and educational, setting or cause a hazard to visitors. • The use of balls, Frisbees, etc. and other sporting/recreational equipment is prohibited within view of the North Bridge and within view of the Hartwell tavern as well as any place immediately adjacent to, or on, the Battle Road trail or any other path. (This prohibition does not apply to the riding of bicycles which is encouraged in the Battle Road trail).

Snowmobiles: • No snowmobile use is permitted within the park boundary.

Swimming: • No swimming from the Concord River shoreline within the park boundary. • Swimming from a canoe/boat is allowed in the Concord River within the park.

The “no swimming” from shoreline condition is established to protect the commemorative atmosphere of the grounds surrounding the physical location where individuals lost their lives during the conflict between British Troops and Colonial Minutemen on April 19, 1775.

Unmanned Aircraft: • Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundary of Minute Man National Historical Park is prohibited except as approved in writing by the superintendent.

Definition of Unmanned aircraft: The term “unmanned aircraft” means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g. model airplanes, quadcopters, drones) that are used for any purpose, including for recreation or commerce.

This condition is established to protect public health and safety, to protect environmental and scenic values, cultural landscape, and the visitor experience and is in compliance with the National Park Policy prohibiting a new park use until a determination has been made that it will not result in unacceptable impacts on park resources and values.

Wakeless Areas: • “No wake” from boats on the Concord River within the park boundary.

Water Skiing/Towing Areas: • No water skiing or towing on the Concord River within the park boundary.

This condition is established to protect the lives of skiers, boaters & visitors in the North Bridge area. These restrictions are necessary to achieve such protection.

Filming Activities:

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

• Outdoor filming activities [outside of areas managed as wilderness] involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras.

• Refer to Section “I.” of this document for information regarding visiting hours, public use limits, and closures.

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

• maintain public health and safety;

• protect environmental or scenic values;

• protect natural or cultural resources;

• allow for equitable allocation and use of facilities; or

• avoid conflict among visitor use activities.

If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. The Superintendent will provide the basis for denial in writing upon request.

The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10-day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit.

The following are prohibited:

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

2. Engaging in a filming activity without a permit if [the activity takes place in areas managed as wilderness or if] the Superintendent has notified the organizer in writing that a permit is required.

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

Violating a term or condition of a permit issued under to this action may also result in the suspension and revocation of the permit by the Superintendent.

National Park Service requirements on filming are based on the above language and park specific visiting hours, public use limits, closures, and related written determinations located in section “I.” of this document, “36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES.”

CCTV Policy Statement

In accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Minute Man NHP 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 the detection, investigation, prevention, and deterrence of terrorist attack and crime; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals. (RM-9, 26.1)

This policy does not restrict the official use of CCTV in 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.

II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT: ( Also see the pages at the rear of the compendium that further address special use permits; Page 24 through page 31). The Special Use Permit Application is available as Appendix A to this document. (f) 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”: • Reservation of an approved area for a special event use

• §2.5(a) Specimen collection (Taking of plant, fish, wildlife, artifacts, rocks or minerals)

• §2.37 Soliciting or demanding gifts, money, goods or services (Pursuant to the terms and conditions of a permit issued under §2.50, §2.51 or §2.52)

• §2.50(a) Conducting a sports event, a ceremony, pageant, regatta, or public spectator attraction, providing entertainment for the public, playing musical instruments, or singing, such that the activity is audible beyond the immediate area of the musician (IE. Playing an acoustic guitar away from the public would be fine so long as it was not in an area that experiences high levels of pedestrian traffic.)

Note: The requirements for traditional wedding ceremonies are such that Minute Man NHP does not issue permits for Weddings. To learn about the small group exception for smaller, less formal ceremonies, please see page #25

• §2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views: Note: Gathering for the purpose of expressing views and making statements such as is protected under the First Amendment does not require a permit as long as the activity takes place in one of the designated “First Amendment” areas indicated in this document and the involved group is less than 25 people. Groups larger than 25 people need a permit. Printed matter used as part of a “First Amendment” activity may be allowed in the “First Amendment” area without a permit.

• §2.52(c) The sale or distribution of printed matter that is not solely commercial advertising (Note: Commercial advertising is prohibited without a Commercial Use Authorization)

• §2.60(b) Livestock use

• §2.61(a) Residing on federal lands

• §2.62 Memorialization: . (a) Erection of monuments (Requires approval from Regional Director) . (b) Scattering ashes from human cremation

• §5.1 Advertisements - (Display, posting or distribution.)

• §5.3 Engaging in or soliciting any business (This activity requires a permit, contract or other written agreement [i.e. Commercial Use Authorization] with the United States or must be pursuant to special regulations). See also: Appendix D: Commercial Use Authorizations

• §5.5 The decision to require a permit for still photography activities in the park is based on the activity itself as opposed to the eventual use of the image. Generally, permits are not required for still photography activities unless:

. The activity takes place at location(s) where or when members of the public are generally no allowed; or . The activity uses model(s), set(s), prop(s) that are not part of a location’s natural or cultural resources or administrative facilities; or . The park would incur additional administrative costs to monitor the activity; or . The park needs to provide management and oversight of the activity.

If none of these conditions exist, then a permit is not required. If one of the above conditions does exist, the same considerations which apply to building interiors for commercial filming will apply for still photography. Still photography permits are subject to cost recovery and location fees.

Wedding photos taken by either commercial or non-commercial photographers require a permit.

Note: There is a separate permit application for still photography which can be obtained by contacting the Chief Ranger at (978) 318-7828. The National Park Service may charge a location fee for use of the Park still photography.

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

• §5.10(a) Operation of eating, drinking, or lodging establishments in park areas.

For more information on permit requirements please go to LINK PAGE or contact Minute Man National Historical Park’s Chief Ranger at 978-318-7828. More information about Special Use Permits and Commercial Use Authorizations can be found at: https://www.nps.gov/aboutus/doingbusinesswithus.htm 14

GENERAL REGULATIONS

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

(b) Hiking or pedestrian traffic is restricted to the areas listed in Section 1.5 of this document.

(c)(1), (c)(2) The following fruits, nuts, and berries may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, collection sites and/or use or consumption restrictions: • Fruits, nuts, berries, and edible greens (that are not produced by active agriculture) are allowed to be picked. • Only as much as can be carried in one’s hand may be taken on any one visit. • No Mushrooms.

36 CFR §2.2 - WILDLIFE PROTECTION

(d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures: • In accordance with state law and procedure. NOTE: NO HUNTING IS ALLOWED WITHIN THE BOUNDARIES OF MINUTE MAN NHP NOTE: ALL FIREARMS MUST BE CARRIED OR STORED IN COMPLAINCE WITH MASSACHUSETTS STATE LAW. EXEMPTIONS FOR HUNTING DO NOT APPLY AS HUNTING IS NOT PERMITTED. PARKING WITHIN THE BOUNDARY OF MINUTE MAN NHP IN ORDER TO HUNT IN AN AREA OUTSIDE THE PARK MAY RESULT IN A CHARGE OF “ILLEGAL TAKING OF WILDLIFE” AND/OR A WEAPONS VIOLATION. (e) The entire park is closed to the viewing of wildlife with the use of an artificial light: • No viewing of wildlife with the use of an artificial light within the park boundary

36 CFR §2.3 – FISHING

(a) Fishing in designated areas For visitor safety, fishing is allowed from the banks of the Concord River within the park but not in areas that are near the heavily trafficked North Bridge and adjacent areas. Refer to the graphic on the following page to find suggested areas for fishing the Concord River from the banks in Minute Man NHP. Fishing in the Concord River from a boat is regulated by Massachusetts law in is not regulated by this Compendium. Fishing at all locations in Minute Man NHP is regulated by Massachusetts state law.

36 CFR §2.3 – FISHING: Locations Indicated. There shall be NO fishing from the North Bridge There shall be NO fishing from the shore in the park as indicated by the red line on the graphic below. Fishing from a boat in the Concord River is not restricted by this compendium and must conform to all applicable law and regulation. The area suggested for fishing is indicated by the green line on the graphic below.

36 CFR §2.4 – WEAPONS, TRAPS, AND NETS

(2)(ii) Discharging weapons in Minute Man NHP is not allowed. The possession of Firearms is regulated under Massachusetts State law. Firearms are not permitted in Federal Facilities. Possession or use of trap or net is prohibited. Possession of other weapons (“edged” for example) is regulated under Massachusetts State Law.

36 CFR §2.10 – CAMPING and FOOD STORAGE

(a) There are NO designated camping areas within Minute Man NHP. Camping is occasionally allowed by Special Use Permit when the camping helps to facilitate a Park Event.

36 CFR §2.11 – PICNICKING

Conditions and restrictions for picnicking are listed under (a)(2) on a previous page.

36 CFR §2.12 – AUDIO DISTURBANCES

(a)(2) Operating a power saw in developed areas is prohibited, except pursuant to the terms and conditions of a permit.

(a)(3) Operating any type of portable motor or engine, or device powered by a portable motor or engine in non- developed areas is prohibited, except pursuant to the terms and conditions of a permit.

(a)(4) Operating a public address system is prohibited, except in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51.

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: • There are NO designated areas for open wood fires, charcoal type fires • There are NO designated areas for gas or propane grill use o Special Use Permits may authorize the use of fires or grills for special events under conditions stated in the permit.

36 CFR §2.14 – SANITATION and REFUSE

Minute Man NHP follows the national “Leave No Trace” program’s “Carry In and Carry Out trash” policy. Trash cans are not provided. Park visitors must remove all trash, including pet waste, from the park.

36 CFR §2.15 – PETS

(a)(1) The following structures and/or areas are closed to the possession of pets: • No pets are allowed in Federal Facilities accept “service” animals assisting a person with a disability or a dog used for Law Enforcement when conducting a Law Enforcement duty (example: bomb dog looking for explosives).

(a)(5) Pet excrement must be disposed of in accordance with the following conditions: • Pet excrement must be picked up by the pet owner and removed from the park. • Pet excrement must be disposed in a proper manner outside the park. • There are no receptacles for pet excrement within Minute Man NHP.

36 CFR §2.16 – HORSES and PACK ANIMALS

(b) The use of horses or pack animals is allowed on the following trails, routes or areas: • Horses for law enforcement purposes are allowed on the park trails and lands • Horses for interpretive purposes are allowed on the park trails and lands (only by Special Use Permit or as part of a NPS sponsored program). • Recreational use of horses is not allowed • Pack animals and other livestock (oxen, cows, etc.) are allowed in the park only by permit or as part of a Park Program.

(g) Other conditions concerning the use of horses or pack animals: Horse riding within the park is not allowed unless by permit. Such permits are granted only in conjunction with a park event, or in order to facilitate the park meeting mission goals. Horseback riding is not permitted for recreation purposes.

36 CFR §2.17 – AIRCRAFT

(c)(1) The removal of a downed aircraft, components, or parts thereof is subject to procedures established by the Superintendent through written authorization.

36 CFR §2.18 – SNOWMOBILES

36 CFR §2.19 – WINTER ACTIVITIES

(a) The Battle Road Trail may be used for skiing and snowshoe use.

(b) The towing of persons on skis, sled or other similar device by motor vehicle or snowmobile is not allowed.

36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICES

The use of roller skates skateboards, roller skis, coasting vehicles, or similar devices are allowed only in the following areas: On public or private ways in accordance with State Law.

36 CFR §2.21 – SMOKING

(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted: • Inside all government buildings • In the close proximity/ within fifty feet, of buildings.

36 CFR §2.22 – PROPERTY

(a)(2) Property may be left unattended for periods longer than 24 hours in the following areas and under the following conditions: . Vehicles and other property may be left unattended for periods longer than 24 hours in parking areas or other locations when a permit has been granted for that activity. • The park’s Law Enforcement can be reached at 508-254-7491

In all other situations where property is left unattended for longer than 24 hours that property may be considered abandoned and will be removed.

Geocaching is not currently allowed at Minute Man NHP. Anyone wishing to make a case to allow geocaching is invited to present their case to the Chief Ranger and Superintendent for future consideration.

36 CFR §2.23 – RECREATION FEES

(b) Recreation fees, and/or a permit, in accordance with 36 CFR part 71, are established for the following entrance fee areas, and/or for the use of the following specialized sites, facilities, equipment or services, or for participation in the following group activity, recreation events or specialized recreation uses:

Interpretive Fee Areas:

The Wayside House interpretive tour

36 CFR §2.35 –ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES

(a)(3)(i) The following public use areas, portions of public use areas, and/or public facilities within the park are closed to consumption of alcoholic beverages, and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed:

• All areas of Minute Man NMP, are closed to the consumption of alcoholic beverages or the possession of an open container of an alcoholic beverage, with the following exceptions:

• Park Residences

• Park buildings under lease or rental agreements

• By permit only (permits issued by the Chief Ranger’s Office)

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 be possessed and/or used in the following areas, under the conditions noted:

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. See park webpage for more information. 19

36 CFR §2.51 -- DEMONSTRATIONS

(b) Demonstrations of more than 25 people are allowed within park areas designated as available under paragraph (c)(2) when the superintendent has issued a permit for the activity.

(c)(2) The following locations are designated as available for demonstrations under the Small Group Exception: • The Public Ceremony Area by the flagpole, on the hill, west of the North Bridge • An area by Paul Revere Capture site as indicated • The outdoor amphitheater on the grounds of the Minute Man Visitor Center

The Superintendent may designate additional areas as needed. See Appendix A for maps.

36 CFR §2.62 – MEMORIALIZATION

(b) A permit is required for the scattering of ashes from cremated human remains, or in the following designated areas without a permit, in accordance with the following terms and conditions:

The scattering of human ashes from cremation, without a permit, is allowed under the following terms and conditions: . The remains to be scattered must have been cremated and pulverized. . The scattering of remains by persons on the ground is to be performed at least 100 yards from any trail, road, developed facility, or body of water. . The scattering of remains from the air is to be performed at a minimum altitude of 2000 feet above the ground. . No scattering of remains from the air is to be performed over developed areas, facilities, or bodies of water.

36 CFR §3.6 – BOATING OPERATIONS

(a)(2) Launching a vessel is prohibited from the banks of the river at Minute Man NHP (other than those that had arrived by water)

(d)(1) Vessels may not create a wake or exceed 5 mph in the following areas: • The Concord River within the park boundary which is the section of river between the Monument Street bridge and the Lowell Road Bridge.

36 CFR §3.21 – SWIMMING AND BATHING

(a)(1) The following areas are closed to swimming and bathing: • From the shoreline of the Concord River within the park boundary • NOTE: Swimming from a canoe or boat is allowed in the Concord River within the park

(a)(2) The following restrictions apply to all swimming and bathing activities: • No jumping off the North Bridge into the Concord River • No swimming from the shoreline of the Concord River • No swimming in the pond on the grounds of the Minute Man Visitor Center.

36 CFR §3.24 – PERSONAL WATERCRAFT (PWC)

• No PWC (Jet Ski) use on the Concord River within the park boundary

36 CFR §4.10 – TRAVEL ON PARK ROADS AND ROUTES

(a) Park roads, open for travel by motor vehicle are those indicated below: • All town and state roads within the park boundary • “Emergency vehicles, park vehicles, and approved contractors may, under appropriate circumstances, operate vehicles on the Battle Road, and other, trails. • “Residents Only” may use the Old Bedford Road segment in Lincoln • “Residents Only” may use Manuel Drive in Concord.

36CFR §4.21 – SPEED LIMITS

(a.1) 15 miles per hour: within parking areas, utility areas, business or residential areas, other places of public assemblage and at emergency scenes. (b). The superintendent has designated the speed limit on roads within the boundary of the park at rates consistent with what has been posted by the applicable town or State of Massachusetts authority. Speed designations by the Superintendent are indicated on several attached graphics. The speed limit for Airport Road in Lexington, which is not otherwise posted, has been designated by the Superintendent to be 20 mph. For enforcement purposes, the posted limit, if different from the limit indicated in this compendium, shall be enforced.

Graphic depictions of the speed limit designations for public roads within Minute Man NHP can be found on pages 21, 22, and 23.

36 CFR §4.30 – BICYCLES

(a) Park roads and parking areas that are closed to bicycle use are listed in section 1.5 of this document and conditions for bicycle use is also listed. The Battle Road trail is designated for bicycle use. (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 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).

Bicycles use is not allowed in undeveloped areas. (d)(3) Riding a bicycle abreast of another rider is allowed on the following routes: On the Battle Road trail as long as such activity is not obstructing traffic foot or bicycle traffic from passing and is not causing a hazard. On all State or town roads under conditions established by Massachusetts state law.

36 CFR §4.31 – HITCHHIKING

Hitchhiking is not permitted within the park boundary

Appendix A: First Amendment Areas

“First Amendment” activities:

The NPS regulations create a small group permit exception that allows groups of 25 people or less to demonstrate or sell or distribute printed matter within parks’ designated areas without a permit.

Activities under the small group permit exception may not interfere with other permitted activities or park programs. Permitted activities are given priority use of designated areas, after which the area is made available on a first-come basis. Should more than one small group seek to use a designated area without a permit, and it is determined that the area cannot reasonably accommodate multiple groups, the later-arriving group will be directed to another designated area if available.

Superintendents are directed to designate areas available for First Amendment activities using a set of regulatory criteria designed to protect park resources and values where individuals and group may express their views. Superintendents may accept applications for First Amendment activities no more than one calendar year prior to the start of the event, including set-up. Applications must be approved or denied within ten days.

See the following pages for locations of designated “First Amendment” areas. For groups larger than 25 people a permit is required. If you have any questions regarding First Amendment activities, please call the Chief Ranger (978) 318-7828.

First Amendment Areas

Minute Man National Historical Park, like other National Park units, has designated several areas within the park in order to accommodate the “small group permit exception.”

What is a “small group permit exception” for “First Amendment” activities?

Under 36 CFR 2.51(b)(1), 2.52(b)(1) groups of 25 or fewer people may demonstrate, distribute or sell printed matter, or give away noncommercial, message-bearing, non-printed matter in designated, available areas without obtaining a permit. Small groups may still apply for a permit in order to reserve their use of a particular area.

The “First Amendment Area” in the North Bridge Unit is indicated by the blue circle on the image on the following page. The circle is intended to indicate the relatively flat area on the hillside west of the North Bridge that is accessible from Liberty Street through the gate in the stone wall. That designated space encompasses the area between the stone wall to the west, the flagpole to the east, the embankment and vegetation to the north, and the slope that runs to the south (compass headings approximate). The intended area is evident upon inspection.

That designated area is the only defined “First Amendment” area in the North Bridge unit of Minute Man NHP. The lines on the graphic on the following page that circumscribe much of the remaining open space on the 23

hillside between Liberty St. and the Concord river indicate areas in which the Superintendent may define other areas for “First Amendment/Free Speech activities that may occur at the same time that a “First Amendment/Free Speech” activity is taking place in the area designated by the blue circle. Note: The area indicated by the thin lines is NOT available for use without a permit and the location and scope of the area designated by the permit, within those indicated areas, will be determined by the Superintendent as a condition of the permit. The parameters of the Superintendent’s decision-making process include public safety considerations as well as event management logistics.

First Amendment Area: North Bridge Graphic indicating location of designated area

Blue Circle indicates the area designated for “Free Speech” activities to occur without a permit under the Small Group Exception. Please Note: The area indicated by the blue circle is also known as the Hillside Ceremony Area and is used for other activities by permit. If the area is being used by permit or by the National Park Service for an NPS sponsored activity, the area is not, simultaneously, available for use as a “Small Group Permit Exception” area. In case such a conflict should occur, there are other designated “First Amendment/Free Speech areas elsewhere in the park that may be used under the Small Group exception. The areas circumscribed by the thin blue lines approximately indicate areas in which 24

the Superintendent may define additional First Amendment Areas if the Hillside Ceremony area is occupied by another group.

First Amendment Area: Paul Revere Capture Site

Monument Parking Lot

The Paul Revere Capture Site is located along Rt. 2A in Lincoln Massachusetts. The map above shows the parking lot and the Monument. The area designated for First Amendment Activities is marked in Blue. Individuals or groups using this area must keep a distance of at least 20 feet from the Monument, the path, and the parking lot and must stay behind the stone wall that separates the Paul Revere Capture Site from the highway (Rt. 2A).

First Amendment Area: Minute Man Visitor Center

The Minute Man Visitor Center is located along Rt. 2A in Lexington Massachusetts. There is a small amphitheater on the grounds consisting of several rows of benches. The area immediately in front of those benches is designated as a First Amendment Area. That area is marked in Blue above. That area is also used as a presentation space for NPS activities and occasionally as part of an area used by a Special Park Use Permit. If that area is being occupied by the NPS for an NPS activity, or otherwise occupied by a permitted activity, that space is not, simultaneously available to be used for a First Amendment activity under the “Small Group Exception.” In that case there are other designated First Amendment areas in the park that are available for use. People using this area must keep back twenty feet from the pedestrian walkway. The Superintendent may more specifically define the limits of this area if needed for public safety.

Appendix B: Speed Limits

Speed Limits in Minute Man NHP North Bridge Unit

The Superintendent has designated the speed limits on roads within the park as indicated. The designations do not conflict with posted limits. In any instance where a speed limit has been officially and legally posted by another jurisdiction in such a manner that conflicts with the designation in the compendium, the posted speed limit supersedes the designation for the purposes of speed enforcement by NPS officers.

Speed Limits in Minute Man NHP Battle Road Unit: West

Speed Limits in Minute Man NHP Battle Road Unit: East

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