Superintendent's Compendium

United States Department of the Interior

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 Code of Federal Regulations (CFR) and other United States Code Titles, which are enforced without further elaboration at the park level.

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

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

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

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

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

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:
eCFR :: 36 CFR Chapter I -- National Park Service, Department of the Interior

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.) §100101(a) (formerly 16 U.S.C.1a-1, “Organic Act”). §100101(a) states: “The Secretary, acting through the Director of the National Park Service, shall promote and regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wildlife in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. In addition, 54 U.S.C. §100751(a) allows the NPS, through the Secretary of the Interior, “to make such regulations as the Secretary considers necessary or proper for the use and management of System units.”

In 1970, Congress amended the NPS Organic Act to clarify its intentions as to the overall mission of the NPS. Through the General Authorities Act of 1970, Congress brought all areas administered by the NPS into one National Park System and directed the NPS to manage all areas under its administration consistent with the Organic Act of 1916. In 1978, Congress amended the General Authorities Act of 1970 and reasserted System-wide the high standard of protection defined in the original Organic Act by stating “Congress further reaffirms, declares, and directs that the promotion and regulation of the various areas of the National Park System, as defined by Section 1 of this Title, shall be consistent with and founded in the purpose established by Section 1 of this Title, to the common benefit of all people of the United States.”

§100101 Section (b)(1)(A) defines the National Park System as”.…the National Park Service, which began with the establishment of Yellowstone National Park in 1872, has since grown to include superlative natural, historic, and recreation areas in every major region of the United States and its territories and possessions.”

In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in the NPS Management Policies (2006). The Superintendent is also guided by more specific policies promulgated by the Director, National Park Service, in the form of Director’s Orders. As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitor and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. When conflict arises between use and resource protection and there is a reasonable basis to believe a resource is or would become impaired, the 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 Title 54 United States Code and 36 CFR?
• Does the use adhere to 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 commissioned park rangers (law enforcement) 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 Office of the Chief Park Ranger at Badlands National Park (please see 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.

Written comments on the compendium may be submitted to:

Superintendent, Badlands National Park
25216 Ben Reifel Rd.
Interior, SD 57750

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

The compendium is available at: Superintendent's Compendium - Badlands National Park (U.S. National Park Service) (nps.gov)

A copy of the Badlands National Park Superintendent’s Compendium can be obtained by writing to the address below or calling 605-433-5281 (Office of the Superintendent).

Badlands National Park
25216 Ben Reifel Rd.
Interior, SD 57750

B. SUPERINTENDENT’S COMPENDIUM

In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (“36 CFR”), Chapter 1, Parts 1-7, authorized by Title 54 U.S.C, §100751 the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Badlands National Park. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.

Part 1 - General Provisions

36 CFR §1.5 - Closures and Public Use Limits

1.5 (a) (1)

The Conata Picnic Area is restricted to day-use only and shall be closed between the hours of 10:00 p.m. and 6:00 a.m. The Deer Haven Trailhead (located at the Conata Picnic Area) is open to overnight parking for those individuals who have hiked into the Sage Creek Wilderness.

Determination: To protect the public’s interest and property, this area is being restricted to day-use only; however, the trailhead area is not included within this restriction for visitors who have embarked into the Sage Creek Wilderness.

Park campgrounds, sections of campgrounds, or any park operated site or facility may be closed when there is limited staffing, low visitation, and lack of funds, recovery, or weather. In addition, areas may be temporarily closed for a variety of reasons including site restoration; protection of at risk endangered or threatened animal or plant species, protection of fragile cultural, history or paleontological sites.

Determination: The Superintendent has authority to close any facility or park operated site for a range of reasons including health and life safety. Closures will be announced to the public and signs will be posted reporting the closure. Closures may include sensitive cultural, historic, or paleontological sites for protection and the development of resource management plans for long term management and protection.

Unattended parking is not allowed within the park between the hours of 10 p.m. and 6 a.m. except in designated campground grounds, or for visitors engaged in backcountry camping.

Determination: This is necessary to prevent unauthorized camping in areas not designated for camping, group gatherings in undeveloped areas, sanitation problems, vandalism and theft, and to reduce the visual impact of camping activities on day users.

§ 1.5(a), 4.10(a)

Segways and non-street legal motorized scooters, as defined under 36 C.F.R. § 1.4, are motor vehicles. Badlands National Park is closed to the use of segways and motorized scooters from areas within the park including park roads, trails and sidewalks.

However, visitors with physical disabilities are permitted to use wheelchairs, motorized wheelchairs, segways and scooters within park buildings, campgrounds and picnic areas, vehicle pullouts, adjacent sidewalks and on handicap accessible boardwalk trails including the Door/Window, Fossil, Prairie Wind and a portion of the Cliff Shelf trail.

A person shall operate any mobility assistive device in a safe and responsible manner so as not to endanger self or any other park visitors.

Determination: The National Park Service (NPS) and the Superintendent of Badlands National Park are committed to making all reasonable efforts to make its programs, facilities, and services accessible to people with all disabilities.

Unmanned Aircraft

Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Badlands National Park 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 airplanes, quadcopters, drones) that are used for any purpose, including for recreation or commerce.

Determination: Until the NPS can determine whether specific uses of unmanned aircraft are appropriate and will not cause unacceptable impacts on park resources and values, Badlands National Park is closed to the use of these devices. The use of unmanned aircraft within the boundaries of Badlands National Park has the potential to harm visitors, disturb wildlife, impact view sheds, cause excessive noise, and interfere with other visitors' enjoyment of the area. This closure is being implemented as an interim measure while this new use can be properly evaluated. A less restrictive approach is not appropriate at this time due to the impacts the devices could potentially present to visitor safety, park values, and to park resources. The interim closure will safeguard these values while the NPS considers how to address this new use on a long-term basis.

Closed Circuit Television (CCTV)

In accordance with National Park Service Reference Manual 9 (RM-9) for Law Enforcement, notice is hereby given that Badlands National Park utilizes Closed Circuit Television (CCTV) security camera monitoring.

The park’s use of CCTV for law enforcement and security purposes will be initiated 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 initiated by the Division of Resource Protection to help ensure public safety and security. The goal of this program is to facilitate the detection, investigation, prevention, and deterrence of 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.

36 CFR §1.6 - Activities That Require A Permit

1.6(a)

Special events, weddings with 12 or more participants, foot races, bicycle races, public assemblies, meetings, certain commercial photography, sale or distribution of printed matter and any other activities of organized groups require a written permit from the Superintendent. The permit must be approved prior to the event.

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

• §2.1 Preservation of natural, cultural, archeological or paleontological resources
• §2.5(a) Specimen collection
• §2.10 Camping
• §2.12 Audio Disturbances:
  • (a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas
  • (a)(4) Operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51
• §2.17 Aircraft and Air Delivery
  • (a)(3) Delivery or retrieval of a person or object by parachute, helicopter or other airborne means.
  • (c)(1) Removal of a downed aircraft

• §2.37 Soliciting (Pursuant to the terms and conditions of a permit Issued under §2.50, §2.51 or §2.52)

• §2.38 Explosives:
  • (a) Use, possess, store, transport explosives, blasting agents
  • (b)Use or possess fireworks
• §2.50(a) Conduct a sports event, pageant, regatta, public spectator Attraction, (i.e. weddings, sunrise services)
• §2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views (First Amendment)
• §2.52(c) Distribution or Sale of printed matter that is not solely commercial advertising
• §2.60(b) Livestock use restricted in the North Unit without a permit.
• §2.61(a) Residing on federal lands
• §4.11(a) Exceeding of established vehicle load, weight, and size limits
• §5.1 Advertisements - (Display, posting, or distribution)
• §5.3 Engaging in or solicting any business (Requires a permit, contract or other written agreement with the United States)
• §5.5 Commercial Photography/Filming

Determination: Permit systems authorized and issued pursuant to specific regulations in this chapter, except §1.5, need not be supported by a written determination unless required by the specific authorizing regulation {48 FR 30262}.

GENERAL REGULATIONS

Part 2 - Resource Protection, Public Use and Recreation

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

36 CFR §2.2 - Wildlife Protection

36 CFR § 2.4 - Weapons, Traps, and Nets

36 CFR §2.10 - Camping and Food Storage

The Superintendent has established the following conditions with regards to overnight camping within Badlands National Park:

• Camping at Cedar Pass Campground is through reservation; Sage Creek is primitive camping with no permit process in designated areas.
• Camping in Cedar Pass and Sage Creek Campgrounds must be within a designated campsite. Campsites are to be occupied by no more than 6 persons, 2 tents, and 2 vehicles. Quiet hours are from 10 p.m. to 6 a.m. and generator use at Cedar Pass campground is restricted to the hours of 8 a.m. to 8 p.m.
• Generators are prohibited in Sage Creek Campground.
• Campers in Cedar Pass and Sage Creek Campgrounds must possess a park entrance pass. Campers arriving after park entrance stations have closed for the day must have purchased a digital entrance pass or purchase a pass from a fee station the following day.
• Motor homes, pull behind trailers, and other recreational vehicles used for camping are limited to an overall length of 19’ or less to be used in the Sage Creek Campground.
• Camping fees at Cedar Pass Campground are to be paid prior to occupying the site. Sites for which required fees are not paid or the registration receipt is not displayed at the campsite will be considered unoccupied and available for use by other campers. Checkout time for campers is noon.
• Camping stays are limited to 14 days in any 30-day period within the park, said period to commence the date any site is occupied. All camping equipment, including vehicles, must be removed from the park at the end of the 14-day period.

No permits are required for overnight stay in the backcountry. Non-motorized camping is authorized and must occur at least one-half (1/2) mile from a road or trail and campers cannot be visible from the any road, trail, visitor facility, or overlook.

Camping is prohibited in parking lots, scenic overlooks, road shoulders, picnic areas and all areas of the park located within the Pine Ridge Indian Reservation.

All human and pet food must be stored in a closed hard-sided container or enclosed vehicle when not in use. Food scraps, cooking utensils, and garbage must be stored or disposed of in such a manner as to be inaccessible to wildlife.

36 CFR §2.11 - Picknicking

Picnicking by park visitors is prohibited within the government housing and the park headquarters area; employees and housing residents excluded.

Determination: The residential and headquarters areas are reserved for the use of employees and for official NPS functions.

36 CFR §2.12 - Audio Disturbances

Operation of electrical generators is prohibited during the hours of 8 p.m. to 8 a.m. in developed or established campgrounds or in any location within ¼ mile of the nearest adjacent visitor. Generators must be adequately muffled and not create excessive noise. Generators are prohibited in Sage Creek Campground.

Determination: Campers often use electrical generators to provide electricity for use at campsites that do not have electrical power supplied. By their nature, the engines on such generators produce a noise level that may be intrusive to other visitors camping in adjacent or nearby sites. When properly muffled, the generators do not produce an unreasonable noise during normal waking hours; however, they do produce noise that may keep others awake during a timeframe when quiet hours are to be observed. Although the use of generators during this period could conceivably be addressed under §2.10(b)(4) or §2.12(a)(1), the intent here is to further address a common noise problem at sites to eliminate grounds for contention over interpretation of the provision of either section. The use of generators next to the Sage Creek Wilderness impacts the natural soundscape of the wilderness area affecting wildlife and providing a nuisance to visitors who are there to enjoy the natural quiet.

Diesel trucks and buses must stop their engines when parked in areas adjacent to park visitor centers.

Determination: The idling of bus or diesel engines adds unnecessary exhaust fumes to the air, interferes with interpretive programs and diminishes the enjoyment by visitors of the peace and tranquility of the park.

36 CFR §2.13 - Fires

Ground fires are prohibited in Badlands National Park.

Determination: Ground fires create unsightly scars and can become a hazard if buried while still hot. Fire scars negatively impact visitor experience. Because the park contains the largest mixed grass prairie ecosystem in the National Park Service, accidental wildland fires are a constant threat to park resources and facilities.

Only propane grill fires will be allowed. Charcoal fires are discouraged, but may be used within the Cedar Pass and Sage Creek Campgrounds and designated picnic areas under the following conditions:

• Users must provide a suitable charcoal burner such as a grill or hibachi.
• Any charcoal and/or ash remaining in the burner shall be completely extinguished and cold before being properly disposed of in a metal waste receptacle.
• Charcoal fires may not be built on the ground or in a pit.

Determination: Charcoal fires may be used in Cedar Pass and Sage Creek Campgrounds as well as designated picnic areas with the use of a burner to hold the fire (example include a grill or hibachi). Remaining coals must be completely extinguished prior to disposal in metal trash receptacles. Charcoal fires may not be built on the ground or in pits, nor may remaining charcoal or ashes be deposited on the ground.

36 CFR §2.14 - Sanitation and Refuse

2.14(a)(2)

The use of government refuse receptacles, garbage cans and dumpsters for the disposal of household, commercial, or industrial refuse, brought as such from private or municipal property is prohibited. Park residents may utilize government receptacles when occupying park residences.

Determination: This provision is enacted to prevent an undo fiscal burden from being placed on the park and to ensure compliance with health and sanitation regulations.

2.14 (b)

In backcountry areas, human waste must be buried in a shallow hole, 100 feet or more from camps or water sources and immediately covered. All food waste, food containers, and disposable items packed into the backcountry must be packed out. Burial of these items is prohibited.

Determination: Human waste is a threat to public health. Proper disposal of such waste is required to speed the decomposition process and reduce health hazards and visual pollution.

36 CFR §2.15 - Pets

2.15 (a) (1)

Pets are permitted in Badlands National Park with some restrictions. Pets cannot be left unattended. While visiting the park, pets must be kept on a leash of which must be no more than six feet in length. Pets are only allowed in developed areas, such as campgrounds and picnic areas, and other areas open to motor vehicles, such as gravel and paved roadways, roadway corridors, and parking lots. Pet etiquette dictates always cleaning up animal waste and disposing of it in trash receptacles.

Pets are prohibited from hiking trails, public buildings (visitor centers), and backcountry areas, including the Sage Creek Wilderness and areas with prairie dog colonies. Leaving your animal unattended or tied to a fixed object is prohibited, as well as a danger to your pet.

Keep in mind that summer temperatures can be extreme, often reaching over 100 degrees Fahrenheit. Even on an 86-degree day, the temperature inside a motor vehicle can quickly reach 134 to 154 degrees.

If your pet needs more room to walk, consider visiting the trails managed by US Forest Service, Buffalo Gap National Grassland, located adjacent to Badlands National Park, where pets are permitted (with some exceptions). For more information contact the Buffalo Gap Visitor Center, Wall, SD (605) 279-2125.

Service AnimalsService animals are an exception to most pet restrictions and are allowed on trails and in public buildings. Service animals must be kept on a leash during the visit and due to potentially infectious wildlife diseases, are not allowed in areas with prairie dog colonies.
NPS policy defines a service animal as a dog that has been individually trained to work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The tasks performed by the animal must be directly related to the person’s disability.

Determination: The Superintendent has established conditions for the keeping of pets by residents of Badlands National Park. Appendix B, adopted herein, is to protect government property, visitors, residents, pets, and park resources. Pets will not be permitted in portions of Badlands National Park where prairie dog colonies exist, on nature trails, or in areas where vehicles are prohibited. Pets must be on a leash during the visit. Pets which are allowed to run loose, have the potential to escape and could adversely affect native wildlife or become established as feral animals. For the purposes of this determination, service animals are not considered pets and may be utilized on nature trails, but not within the prairie dog colonies due to potential infectious wildlife diseases, which is also the reason for prohibiting pets off established roadways and road corridors. Areas such as Cliff Shelf and Door and Window are highly congested areas during the summer months. Some dogs and strangers do not mix well; thus, it would be inviting dog bites.

2.15 (a) (5)

Pet excrement shall be removed by the pet owner/handler from all public use areas.

2.15(e)

Park Residents are allowed to keep pets under the conditions established in Badlands Office Order #008, incorporated herein as Appendix B. Noisy pets are not allowed in the park. Pet owners are responsible for removing the pets from the park if complaints are made and upheld.

36 CFR §2.16 - Horses and Pack Animals

For the purposes of this regulation, pack animals are considered to be horses and mules.

With the exception of the following areas, the entire park is open for recreational use of horses and pack animals. Areas closed to said recreation include –

• Cedar Pass developed area (all areas east of Highway 240; north of the campground and west of the employee housing area - including the Ben Reifel Visitor Center, Cedar Pass Lodge, and Cedar Pass Campground)
• Sage Creek Campground (excluding horse group area)
• Pinnacles ranger station and service buildings, residence, and fee management offices
• The White River Visitor Center compound (including the ranger station and housing area).
• All established park trails and overlooks.
• Other areas designated by the Superintendent.

• Only certified weed-free hay or processed horse feed products may be brought into the park.
• Horses and pack animals are not allowed to run loose, be loose-herded, or trailed.
• The tying of horses and pack animals to any living or dead feature that causes damage to the feature, vegetation, or soil is prohibited.
• Picketed horses and pack animals shall not be kept within one hundred (100) feet of trails, campsites, or water sources.
• Picket pins may be made from dead and downed wood or packed in. Picket-pin sites shall be moved frequently to prevent over-grazing or other damage to vegetation, and the pins shall be pulled from the ground before leaving the campsite.
• Horse and pack animal manure in meadows or other grazing areas shall be scattered and shall be completely removed from within the camp core.
• If a horse or pack animal is lost or dies within park boundaries, the loss shall be reported as soon as possible to a park ranger.
• Stock will be allowed to graze forage, so long as the animals are at least one-half mile from roads, campgrounds, and designated trails.

Determination: Horse use is a traditional and appropriate use within Badlands National Park; however, it is the intent of the NPS to apply only those conditions required to protect visitors and park resources. Allowing horses to run loose has the potential for other visitors to be injured or for the stock to escape. The feeding of processed feed and certified weed-free hay and/or grazing one-half mile from public use areas are practiced to prevent non-native species into the prairie ecosystem. These conditions do not apply to persons who have valid Bureau of Indian Affairs (BIA) or tribal leases to graze stock in the Stronghold District of Badlands National Park and who are actively and legally exercising those leases.

36 CFR §2.17 - Aircraft and Air Delivery

2.17(c)(1)

Arrangements for the removal of downed aircraft will be made pursuant with the recommendations of the National Traffic Safety Board or the Federal Aviation Administration investigators or designated personnel.

36 CFR §2.18 - Snowmobiles

2.18(a)

There are no designated routes for snowmobiling within Badlands National Park.

Determination: Badlands National Park normally does not get enough snow to allow for safe snowmobiling. The park also does not allow off-road travel.

36 CFR §2.20 - Skating, Skateboards, and Similar Devices

2.20

Skateboarding, or the use of similar devices, is prohibited except in the government housing area by park employees, or their families. The use of skateboards on park mobility ramps, over stairs, or at government offices is strictly prohibited.

Determination: The residential area for park employees provides the principle areas for play and activity by children and residents. Skating and using skateboards are activities one can expect children and adults to enjoy. These areas do not have any conflicting uses involving visitor recreation and are areas in which traffic hazards are minimized.

36 CFR §2.21 - Smoking

2.21(a)

36 CFR §2.23 - Recreation Fees

Recreation fees, and/or permits, in accordance with 36 CFR parts 71, are established for the following entrance fee areas, and or for the use of the following specialized sites or facilities:

• See Appendix D for a list of recreational and entrance fees
• The payment of entrance fees will be waived on “Fee Free Days.” During Calendar Year 2025, the following days are Fee Free: January 20, 2025 (Martin Luther King Jr. Day); April 19, 2025 (First Day of National Park Week); June 19, 2025 (Juneteenth) July 16, 2025 (Bureau of Land Management’s birthday) August 4, 2025 (Great American Outdoors Day); September 27, 2025 (National Public Lands Day); October 12, 2025 (first Sunday of National Wildlife Refuge Week) November 11, 2025 (Veteran’s Day).

36 CFR §2.35 - Alcoholic Beverages and Controlled Substances

2.35(a)(3)(i)

The area known as the South Unit of Badlands National Park, which is located within the Pine Ridge Indian Reservation, is closed to the possession or consumption of alcoholic beverages. Tribal law closes the Pine Ridge Indian Reservation to alcohol use and possession. This restriction provides consistency with tribal law.

Determination: The purpose of the closure is to maintain consistency with Oglala Sioux Tribal Law (§88.1) which bans possession and/or consumption of alcoholic beverages on the Pine Ridge Indian Reservation.

36 CFR §2.38 - Explosives

2.38

The possession of and/or use of fireworks, firecrackers or black powder or explosives in the park is prohibited except under terms of a written permit from the superintendent.

Determination: This regulation is enacted to ensure the protection of park resources, reduce the threat and danger of wildland fires, and to increase visitor safety.

36 CFR §2.50(a) - Special Events and Filming

2.50(a)

Permits for special events will only be issued pursuant to standards established in Directors Order and Reference Manual 53 (Special Park Uses) and 36 CFR. All permit requests must be submitted to the Superintendent at least 30 days prior to the planned event. See BADL Office Order #44 Filming and Photography Permits for details.

Determination: These regulations are enacted to ensure the protection of park resources, prevent interference with park programs or activities and reduce conflicts with other visitors.

36 CFR §2.51 - Public Assemblies and Meetings

2.51

Public assemblies, meetings, gatherings, demonstrations and other public expressions of views will be allowed if a permit has been issued in accordance with 36 CFR 2.51 and at locations designated to balance the legitimate needs of persons to express their views and the needs of Park visitors to enjoy the Park and its resources. Demonstrations and the sale of printed matter by 25 or fewer persons may be conducted without a permit (Boardley v. DOI, 2010). Written applications for permits must be submitted to the Superintendent at least 14 days prior to the date desired for the event. The activity must not conflict with any scheduled NPS function or program.

Permits for public assemblies, meetings, gatherings, demonstrations and other public expressions of views may be requested for all areas of Badlands National Park with the exception of the following:

• All roadways,
• Inside all buildings, and along walkways to public buildings
• Areas closed to the general public,
• Administrative areas including the park headquarters and the Cedar Pass Campground.

• Grass walkway between the Cedar Pass Lodge and the Ben Reifel Visitor Center
• Grass island between the Ben Reifel Visitor Center and Hwy 240

Determination: The areas provided should not unreasonably interfere with visitor service and should provide substantial public recognition for any public assembly activity.

36 CFR §2.52 - Sale or Distribution of Printed Matter

A permit must be obtained from the Superintendent for the sale or distribution of any printed material. The sale of printed matter by 25 or fewer persons may be conducted without a permit (Boardley v. DOI, 2010). Location of such sale or distribution will be limited to those areas allowed by the superintendent.

Determination: Permits of this type are necessary to control the sale or distribution of printed mater since such activity may conflict with the overall safety and enjoyment of the park by visitors.

36 CFR §2.60 - Livestock and Agriculture

Incidental grazing by pack stock is permitted throughout the park. The herding, driving, allowing on, pasturing, or grazing of livestock of any kind in the park is prohibited (The South Unit of the park is situated on Federal Indian Trust Land co-managed by the NPS and the Oglala Sioux Tribe. Grazing of cattle is authorized by designated grazing leases in the South Unit and managed by the OST Tribe and the Bureau of Indian Affairs). Under special conditions, a permit may be issued by the Superintendent if said activity is authorized by Federal statutory law, required under a reservation of use, or designated as an integral part of a park recreational activity or required to maintain a historic scene.

Determination: These regulations are enacted to ensure the protection of park resources, prevent interference with park programs or activities and reduce conflicts with other visitors.

36 CFR §2.62 - Memorialization

2.62(b)

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 processed by pulverization after cremation.
• Total group size conducting the memorialization / scattering of ashes is limited to 25 people or less.
• The scattering of remains by persons on the ground is to be performed at least 100 feet from any trail, road, overlook, developed facility, or body of water.
• Permits are required for ceremonies or assemblies that might conflict with normal park operations or result in impact to park resources.
• The scattering of remains from the air is to be performed at a minimum altitude of 2,000 feet above ground level. Remains cannot be scattered over developed areas, or park facilities.
• No markers or memorials are permitted.
• Containers shall be removed from the area.
• Except for authorization to disperse human remains by scattering, nothing in this permit shall be construed as authorizing an entry or activity otherwise prohibited or restricted by law or regulation.

Determination: Scattering of cremated human remains is a reasonable accommodation to visitors and does not result in negative resource impact.

Part 3 - Boating and Water Use Activities

This section is not applicible

Part 4 - Vehicle and Traffic Safety

36 CFR §4.11 - Load, Weight, and Size Limits

The operation of any tractor/trailer within the park is strictly prohibited. Tractor/trailer operators wishing to visit the park may leave their trailer outside the park and bring the tractor portion through the park for a recreational visit. This section does not apply to tractor/trailers making deliveries to the park or the surrounding communities and farms, or agricultural transportation vehicles or farming implements needing to travel across the park in support of local businesses, ranches and farms. See Appendix G for additional information.

Determination: This provision is enacted for the safety of visitors and the protection of the road surface.

36 CFR §4.13 - Obstructing Traffic

4.13(a)

Slow-moving vehicles, i.e. vehicles traveling at speeds below the posted speed limit, or any vehicle that is followed by four or more vehicles, shall turn off the main roadway at the next safe turnout, allowing the following vehicles behind to safely pass and proceed at or near the posted speed limit.

Determination: The purpose of this regulation is to provide the traveling public with a reasonable expectation for safety without creating undue delays in traffic.

36 CFR §4.21 - Speed Limits

1. The Superintendent may designate a different speed limit upon any park road when a speed limit set forth in paragraph (a) of this section is determined to be unreasonable, unsafe, or inconsistent with the purposes for which the park area was established. Speed limits shall be posted by using standard traffic control devices.
   
   Due to steep grades, narrow lane widths, minimal unimproved shoulders, extensive curving, and traffic density, the speed limits set forth in §4.21(a) have been determined to be unreasonable and unsafe for the purposes for which the park area was established. Therefore, the Superintendent has designated the adoption of speed limits established on park roadways by the South Dakota Department of Transportation using the industry standards of: 1) 85th percentile speed study results for highway speed limits, and 2) ball bank testing for speed advisories on curves.

   A. Badlands Loop Road (Highway 240) is 45 mph except in the following areas:

1. The following areas on Highway 240 are posted 25 mph -

• Pinnacles Entrance Station
• Big Badlands Overlook
• Cedar Pass Visitor Center
• Northeast Entrance Station

1. 2. The following areas on Highway 240 are posted 35 mph -

• From Doors and Windows to the bottom of Cedar Pass Hill
• From Conata Road to just prior to the Pinnacles Entrance Station

B. All of the following roads or routes are posted 35 mph

• Conata Road
• Bigfoot Road
• Old Interior Road
• Cedar Pass Service Road
• Sage Creek Rim Road
• Sheep Mountain Table Road
• Old Northeast Road
• Highway 377

C. Other areas:

• Government residential area (10 mph)

36 CFR §4.30 - Bicycles

36 CFR §4.31 - Hitchhiking

Hitchhiking, or the soliciting of transportation, is permitted within the park provided that the person does not stand in a roadway and that the hitchhiking/solicitation do not adversely affect visitor safety or the normal flow of traffic.

Determination: Hitchhiking is commonly engaged in by persons who have been hiking and need transportation back to their starting point, or by persons who are traveling without a personal vehicle, or whose vehicle is inoperative.

Part 5 - Commercial and Private Operations

36 CFR §5.5 - Commercial Photography

Effective October 28 and following a decision by the U.S. Court of Appeals for the District of Columbia on October 21, 2022, the NPS functionally reinstated previous laws and regulations related to commercial filming in national parks. The NPS has rescinded the interim guidance that was in place during litigation and has returned to longstanding laws and regulations governing commercial filming in parks.

This means that all commercial filming that occurs within a unit of the National Park System requires a permit. All permit requests must be submitted to the Superintendent at least 30 days prior to the planned event.

Determination: These regulations are enacted to ensure the protection of park resources, prevent interference with park programs or activities and reduce conflicts with other visitors.

36 CFR §5.13 (a) - Nuisances (Excessive Idling)

Allowing commercial vehicles to idle their engines while legally parked off the primary roadways is prohibited, except when loading or unloading passengers or performing an engine warm-up. Loading or unloading passengers or engine warm-up idling is limited to a period not to exceed 10 minutes.

Determination: The purpose of the restriction is to reduce noise and air pollution and to reduce fuel consumption.

Apendix A
Badlands National Park Pet Policy

Order No: BADL‑08
Subject: Pet Policy
Date: March 21, 2011

1. Purpose: Establish a fair and responsible pet policy for Badlands National Park.
2. References: 36 CFR, BADL Quarters Management Plan
3. Policy:

a. Paragraph (e) of Section 2.15 of 36 CFR addresses pets kept by residents of park areas. Pets are not allowed to roam freely at any time. This section is enclosed for your information.

b. Only two traditionally domestic animals (i.e., dogs or cats) shall be owned or kept in any housing unit. Snakes, other reptiles, fish and rodents not native to the park may be kept as pet(s), but must be in terrariums or otherwise continually confined.

c. Pets shall be cared for in accordance with all applicable Federal, State and county laws.

d. No enclosure or other structure may be installed for the keeping of pets without the approval of the Superintendent.

e. The raising of pets as a business shall not be permitted.

f. Owners of pets shall be responsible for the repair of any damage and the cleanup of the premises. Owners shall not permit their pets to become a nuisance or a menace to others living or working within the park.

g. Employees shall not be permitted to board horses, burros, or mules on Federal lands within the park except at commercially operated stables.

h. In accordance with the Quarters Management Plan, no pets will be allowed in the seasonal apartments. Those apartment units, when assigned to permanent park staff, are exempt from this section.

This policy applies to park, concessioner, and contractor employees.

APPENDIX B
Badlands National Park Smoking Policy

Order No: BADL‑024
Subject: Establishing Smoke-Free Areas
Date: February 26, 2016

1. Purpose: To maintain healthy and safe residences, workplaces and public use areas while recognizing the rights and needs of smokers and non-smokers.
2. References: 36 CFR 2.21, 310 DM 11, Appendix "C" Superintendent's Compendium.
3. Policy: The following smoking/no smoking areas are hereby established. Non-smoking areas shall be adequately signed. Ashtrays should be provided at the entrance to public non-smoking areas. All employees are encouraged to exercise common courtesy in dealing with smoking issues.

Non-Permitted area:

Smoking is not permitted in any government building including apartments, single family residence, visitor center, offices, entrance stations, Cedar Pass Lodge and all cabins, restrooms, maintenance shop areas, museum, fire cache and break rooms and government vehicles.

Appendix C
Site Maps for Public First Amendment Rights, Assemblies, and Demonstrations

The image shows 1st Amendment locations, circled in black.

Appendix D
Recreational Fees

Entrance Fees Badlands National Park 2022

Camping Fees

Cedar Pass Campground: No Campfires

Sage Creek Primitive Campground

Free; 14-day maximum stay, no reservations.

Appendix E
Commuter Traffic Fee Waiver Policy

1. Purpose: Establish the policy for local commercial and non-creational vehicle use of park roads for Badlands National Park.
2. References: 36 CFR Section 7.23 and Section 71.13
3. Policy: All recreational visits are subject to an entrance fee. The Badlands Loop Road between Cedar Pass Lodge and Pinnacles Entrance was originally built as a way for visitors to view and experience Badlands National Park from their vehicles. Without the creation of this road, Congress would not have designated the Badlands area a National Monument. This Loop Road and the Sage Creek Rim Road exist for recreational use for the enjoyment of the visitor of Badlands National Park and any travel on these roads will be considered recreational in nature and is subject to the entrance fee. Travel on any of the other park roads will be considered recreational in nature with the following exceptions: