Laws & Policies

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.

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 https://www.gpo.gov.

Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954

The CFR is also available on the Internet at https://www.ecfr.gov.

2. Laws and Policies Allowing the Superintendent to Develop This Compendium
The National Park Service (NPS) is granted broad statutory authority under 54 United States
Code (U.S.C.) Section 100101(a) et.seq. (Organic Act of 1916, as amended) to “…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 wild life 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.” (54 U.S.C. Section 100101). In addition,
the NPS Organic Act allows the NPS, through the Secretary of the Interior, to “prescribe such
regulations as the Secretary considers necessary or proper for the use and management of System
units” (54 U.S.C. Section 100751).

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.”

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. Where conflict arises between use and resource protection, where the
Superintendent has a reasonable basis to believe a resource is or would become impaired, then
that Superintendent is obliged to place limitations on public use.

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

Written comments on the Compendium may be submitted to:

Superintendent
Martin Luther King, Jr. National Historical Park
450 Auburn Avenue, NE
Atlanta, GA 30312

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 450 Auburn Avenue, NE, Atlanta, GA 30312.



 

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 Martin Luther King, Jr. National Historical Park (hereafter, the Park). 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 all or for the listed portions of the park, and the following closures are established for all or a portion of the park to all public use or to a certain use or activity:

Visiting Hours:
• Martin Luther King Jr. National Historical Park facilities are closed on the following Federal holidays… • The following public areas within the Martin Luther King, Jr. National Historical Park are open to the public without regard to the time of day. • The following public areas within the Martin Luther King, Jr. National Historical Park are open to the public daily from dawn to dusk. • The following public use facilities within the Martin Luther King, Jr. National Historical Park are open daily, from 9:00 a.m. to 5:00 p.m. • The following public use facilities within the Martin Luther King, Jr. National Historical Park are open as staffing allows. Please check at the park Visitor Center Information desk, for further information. • The following public use facilities withing the Martin Luther King, Jr. National Historical Park are open to visitors through Guided Ranger tours or scheduled Open-House tours. Information is available at the park Visitor Center Information Desk and on the park website. Due to the urban location, and open campus design of the Park, it is impractical to close the grounds. Park facilities are secured and monitored outside of established visiting hours to prevent visitor injury and safeguard park resources.

Public Use Limits:
Motorized propelled devices, such as segways and scooters are prohibited inside of park facilities. Motorized propelled devices used as mobility assisted devices by persons with disabilities is permitted within park facilities, in accordance with the Americans with Disabilities Act.

Mobility assistive devices provide a reasonable mobility alternative for those who would otherwise be unable to visit the Park or find it difficult to visit the Park due to personal mobility limitations.

• Food and beverages are not allowed in the Visitor Center, Historic Ebenezer Baptist Church, Historic Fire Station #6 and Birth Home of Martin Luther King, Jr.

The decision to not allow food and beverages in the above listed buildings has been made to reduce the risk of possible damage to open exhibits, and to reduce the risk of attracting insects and rodents that degrade exhibits and curatorial and museum storage items.

• The cleaning of clothing and other personal effects is prohibited in the Visitor Center, Historic Ebenezer Baptist Church, Historic Fire Station #6 and Birth Home of Martin Luther King, Jr.

The decision to not allow the cleaning of clothing and personal effects in or around the above listed buildings can pose a public health hazard, damage park facilities, is inconsistent with the established purpose for the Park, detracts from the cultural landscape of the Park and interferes with the orderly management of the Park.

• Unattended packages, bags, or containers are prohibited within the legislative jurisdiction of the Park. Visitors will keep packages, bags, or containers on their person or in their possession at all times. The NPS does not provide storage or safekeeping for any items.

Unattended packages, bags, or containers present a threat to the safety of visitors and resources, is inconsistent with the established purpose for the Park, detracts from the cultural landscape of the Park and interferes with the orderly management of the Park.

Closures:
• Park Maintenance Facility located at 412 John Wesley Dobbs Avenue, NE, Atlanta.
• Park Administrative Facilities located at the following addresses... • The following areas of the Historic Ebenezer Baptist Church located at 407 Auburn Avenue, NE, Atlanta. • The following areas of the Historic Fire Station #6 located at 39 Boulevard, NE, Atlanta. • The following areas of the Birth Home of Martin Luther King, Jr. Located at 501 Auburn Avenue, NE, Atlanta. • Eastern National Bookstore Administrative Offices located at 497 Auburn Avenue, NE, Atlanta.
• Chamberlain Lot located at 461 Edgewood Avenue, NE, Atlanta.
• Family Home of Martin Luther King, Jr. Located at 234 Sunset Avenue, NW, Atlanta.
• All park owned or leased properties or portions thereof that are signed, locked or fenced to prevent public access.
• All park owned properties that are leased for residential or commercial use, when not a welcomed guest of the occupant or business patron. Properties include the following addresses…
o 474 Auburn Avenue, NE, Atlanta.
o 478 Auburn Avenue, NE, Atlanta.
o 480 Auburn Avenue, NE, Atlanta.
o 484 Auburn Avenue, NE, Atlanta.
o 488 Auburn Avenue, NE, Atlanta.
o 492 Auburn Avenue, NE, Atlanta.
o 493 Auburn Avenue, NE, Atlanta.
o 506 Auburn Avenue, NE, Atlanta.
o 509 Auburn Avenue, NE, Atlanta.
o 514 Auburn Avenue, NE, Atlanta.
o 518 Auburn Avenue, NE, Atlanta.
o 522 Auburn Avenue, NE, Atlanta.
o 540 Auburn Avenue, NE, Atlanta.
o 546 Auburn Avenue, NE, Atlanta.
o 550 Auburn Avenue, NE, Atlanta.
o 53 Boulevard, NE, Atlanta.
o 479 Old Wheat Street, NE, Atlanta.
o 54 Howell Street, NE, Atlanta.
o 445 Edgewood Avenue, NE, Atlanta.
o 452 Chamberlain Street, NE, Atlanta.

• Except for facilities designated for visitor use, all buildings are closed to unauthorized entry. This shall not apply to persons in non-public areas who have been granted specific permission by the National Park.

Service (NPS); another authorized Federal agency, licensed concessionaires or their representatives, contractors, or those who are under escort of park employees.

• All buildings or areas within buildings used for the storage, treatment, or transmission of electricity, gas, telephone, waste disposal, domestic water and climate control systems.

Maintenance and administrative facilities are closed to the public. This closure is necessary for the maintenance of public safety and the implementation of management responsibilities. Residential and commercial areas are closed to public access to protect the privacy and security of their residents.

Areas closed to the general public may be entered by persons or groups only if led or directed by authorized National Park Service (NPS) employees, as approved by the Superintendent or his/her representative, if such access does not compromise security or environmental, scenic, natural or cultural values. Admittance to closed areas may be necessary for the protection of natural and cultural resources, the maintenance of public safety, the implementation of management responsibilities, and as an aid to scientific research.

(a)(2) Public Use Restrictions
The Superintendent may designate areas for a specific use or activity or impose conditions or restrictions on a use or activity. The following restrictions and/or conditions are in effect for the specific uses or activities noted:

Commercial Bus Parking Areas: The location of commercial bus parking is on either side of John Wesley Dobbs Avenue, to the west of the entrance to the visitor parking lot. Idling diesel engines produce noise and odor that interfere with the comfort of park visitors. This restriction is also instituted to be in alignment with Atlanta Code of Ordinances (Section 150-97(c)).

Special Use Permits
• The following areas are closed to the issuance of Special Use Permits (excluding First Amendment permits):
• The Park boundary annually during the Martin Luther King, Jr. holiday, on the third Monday of January and on the preceding Saturday and Sunday.

This closure in necessary to maintain public health and safety at Martin Luther King, Jr. National Historical Park and to protect park resources and values during annually scheduled park special events, and increased visitation during the holiday.

Unmanned Aircraft
• Launching, landing, or operating an unmanned aircraft from or on lands and water administered by the National Park Service within the boundaries of Martin Luther King, Jr. National Historical Park is prohibited except as approved in writing by the Regional Director.

Definition: Unmanned Aircraft (UA) - 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 closure is necessary to maintain public health and safety at Martin Luther King, Jr. National Historical Park and to protect park resources and values until the NPS can determine whether specific uses of unmanned aircraft on lands and waters administered by the NPS are appropriate and will not cause unacceptable impacts on park resources and values. When proposed park uses and the protection of park resources and values come into conflict, the protection of resources and values must be predominant.

Electronic Cigarettes
• All areas within the Park that are closed to smoking are also closed to the use of electronic cigarettes (See 36 CFR § 2.21 Smoking on page 16).

Electronic cigarettes are relatively new, and much research is currently being done on them to assess the risk they pose to people nearby someone who is vaping. The guidance from the Office of Policy, National Park Service is to treat electronic cigarettes just as lit cigarettes. Therefore, to reduce potential risk to most visitors and minimize visitor conflict, the use of electronic cigarettes within the Park will be restricted just like lit cigarettes.

II. 36 CFR §1.6 – Activities That Require a Permit (f) The following is a compilation of those activities for which a permit from the Superintendent is required:

§2.4(d) Carry or possess a weapon, trap, or net (excluding legal firearms)
• §2.12 Audio Disturbances: • §2.37 Soliciting or demanding gifts, money goods or services
• §2.50 Special Events
• §2.51(a) Demonstrations
• §2.52 Sale of printed matter and the distribution of printed matter and other message bearing items • §2.61(a) Residing on federal lands
• §4.11(a) Load, weight, and size limits
• §5.1 Advertisements
• §5.3 Business Operations
• §5.5 Commercial filming, still photography, and audio recording
• §5.6(c) Commercial vehicles • §5.7 Construction of buildings

36 CFR §2.1 – Preservation of Natural, Cultural and Archeological Resources (a)(5) The following conditions are in effect for walking, climbing, entering, ascending, or traversing the listed archaeological or cultural resource, monument, or statue:

• The Superintendent of the Park has not established any conditions that are in effect for any archaeological or cultural resource, monument, or statue within the Park. Therefore, walking, climbing, entering, ascending or traversing any archaeological or cultural resource, monument, or statue within the Park is prohibited.

• The entire Park

• This authority does not extend to Federal facilities within the park (18 USC § 930(a)). Federal facilities include: Visitor Center, Administrative Offices, Interpretative Ranger Office, Law Enforcement Ranger Office, Maintenance Facilities, Historic Ebenezer Baptist Church, Historic Fire Station No. 6, Martin Luther King, Jr. Birth Home and Eastern National Book Store.

• The entire Park is closed to camping year-round, which includes parking of a motor vehicle, motor home, or trailer for the apparent purpose of overnight occupancy. The Park does not have any designated camping sites or areas and does not provide any accommodations for overnight occupancy. As part of protecting visitors, residents, cultural resources, and park property, the Park is closed to camping and overnight vehicle occupancy.

•  No areas designated.

• No receptacles designated.

•  Fires are prohibited within the Park boundary.

• Charcoal grills are prohibited in the entire Park.
• Use of a gas stove or lanterns in the Park is prohibited.

• Fires are prohibited within the Park boundary.

The use of government refuse receptacles or facilities for dumping household, commercial or industrial refuse, brought as such from private or municipal property is prohibited at the Park.

36 CFR §2.15 – Pets
(a)(1) The following structures and/or areas are closed to the possession of pets:

• Inside of all Park facilities.

This regulation does not apply to service animals, as defined by the Americans with Disabilities Act.

NOTE: “Pet” means dogs, cats, or any animal that has been domesticated. [36 CFR §1.4] This use restriction of possessing a pet in all structures and main public use areas of the Park is necessary for the protection of cultural resources, the maintenance of public safety, the minimization of visitor conflicts, and the implementation of management responsibilities.

(a)(3) Pets may be left unattended and tied to an object in the following areas, under the conditions noted:

• Leaving a pet unattended and tied to an object is prohibited throughout the Park.

(a)(5) Pet excrement must be disposed of in accordance with the following conditions:

•  The pet owner is required to clean up after his/her pet. Trash receptacles are available throughout the park.

This requirement is for the maintenance of public health and safety. Less restrictive measures will not suffice because of the potential sanitary and health threat to the public.

(e) Pets may be kept by park residents under the following conditions:

• Pets are prohibited in all park-owned, leased residences.

Pets are prohibited to protect park resources and government property. This is identified in the park’s Housing Management Plan.

36 CFR §2.20 – Skating, Skateboards and Similar Devices
The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are prohibited:

Roller skates, skateboards, roller skis, coasting vehicles, and other such devices may create hazardous conditions when used on the same roadways as vehicles or on walkways traveled by pedestrians. They additionally cause damage to natural resources when used off pavement or other hard surfaces.

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:

• All government owned buildings and historic structures, including all restrooms.
• All government owned, rented, or leased vehicles.
• Within 25 feet of the entrance/exit to a public building.
• Within 50 feet of any above ground gasoline and propane dispensing or flammable storage area.

Smoking is prohibited in the above areas to protect public health, to protect structures and resources from fire danger or smoke, and to minimize conflicts among visitor use activities. This also applies to the use of electronic cigarettes (See 36 CFR § 1.5, Closures on page 9).

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:

• Property may not be left for periods longer than 24 hours anywhere throughout the Park.

36 CFR §2.35 – Alcoholic Beverages and Controlled Substances
(3)(i) The superintendent may close all or a portion of a public use area or public facility within a park area to the consumption of alcoholic beverages and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or that has been opened, or whose seal is broken or the contents of which have been partially removed.

• The Park is closed to the consumption of alcoholic beverages and open containers of alcohol, to be in alignment with City of Atlanta, Code of Ordinance section 10-8. Drinking in Public, which states that “It shall be unlawful for any person to drink any vinous, malt or other alcoholic beverage while on any streets, sidewalks, alleyways, parking areas or other open areas operated and controlled by the city...”

36 CFR §2.37 – Noncommercial Soliciting
Soliciting or demanding gifts, money, goods or services is prohibited, except pursuant to the terms and conditions of a permit that has been issued under 36 CFR §2.50, §2.51, or §2.52.

• No permit shall be issued for non-commercial solicitation inside of any park facility or within 50 feet of any entrance to such facility to prevent interference with park programs or prevent the orderly flow of persons entering and leaving facilities.

36 CFR §2.51 – Demonstrations
(a) Demonstrations. The term “demonstrations” includes demonstrations, picketing, speechmaking, marching, holding vigils or religious services, and all other like forms of conduct that involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which is reasonably likely to attract a crowd or onlookers. This term does not include casual park use by visitors or tourists that is not reasonably likely to attract a crowd or onlookers. The following areas are designated for demonstrations and the distribution of printed matter. Other locations will be determined on a case-by-case basis. Groups that are smaller than 25 people do not need a permit to use a designated area for demonstrations or distribution of printed matter if they are not using sound amplification, soliciting donations, or using stages, platforms or other structures.

(a) Printed matter and other message-bearing items. The term “printed matter” means message-bearing textual printed material such as books, pamphlets, magazines, and leaflets, provided that it is not solely commercial advertising. The term “other message-bearing items means a message-bearing item that is not “printed matter” and is not solely commercial advertising. Other message-bearing items include, but are not limited to: Readable electronic media such as CDs, DVDs, and flash drives; clothing and accessories such as hats and key chains; buttons; pins; and bumper stickers.