Letterboxing USA - Yahoo Groups Archive

NPS Regulations

4 messages in this thread | Started on 2002-11-14

NPS Regulations

From: Mike (tehutika@aol.com) | Date: 2002-11-14 19:45:36 UTC
Greetings,

I'm trying to find out where it says in the NPS regulations that
letterboxes and geochaches are specifically prohibited, or if it
actually does. I've searched through the archives, and can't find a
reference to a specific article in the regulations. I know we've
talked about this a lot on the list. Can anyone help me? I'm ::this
close:: to getting a box at the Springfield Armory National
Historical Site in Springfield, MA, and the superintendant wants me
to make a presentation to him about what it is I want to do.

Mike S.


Re: [LbNA] NPS Regulations

From: short spike (spike_678@yahoo.com) | Date: 2002-11-14 20:46:10 UTC-08:00
there was a good blurb a week or so ago, but i dont
recall the title or if it listed specific numbers, but
was something to the meaning of: ask them where they
would like you to put it. if you scroll throgh the
pages on the post site you might catch it by title. or
email the person who wrote it, if its not specific. i
think they must'ave read it somewhere.
good luck!
spike
--- Mike wrote:
> Greetings,
>
> I'm trying to find out where it says in the NPS
> regulations that
> letterboxes and geochaches are specifically
> prohibited, or if it
> actually does. I've searched through the archives,
> and can't find a
> reference to a specific article in the regulations.
> I know we've
> talked about this a lot on the list. Can anyone help
> me? I'm ::this
> close:: to getting a box at the Springfield Armory
> National
> Historical Site in Springfield, MA, and the
> superintendant wants me
> to make a presentation to him about what it is I
> want to do.
>
> Mike S.
>
>


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Re: NPS Regulations

From: leafnothing (wegreenlaw@yahoo.com) | Date: 2002-11-15 14:22:06 UTC
Let us know how you make out! I have been interested in getting
sanctioned boxes in certain areas.

The only post that I remember reading that had much about an actual
regulation was Message 1865.

Here if a link for NPS information: http://www.nps.gov/

Here is the CFR that seems to deal with letterboxing issues:

http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?
TITLE=36&PART=2&SECTION=1&YEAR=2001&TYPE=TEXT

...for those that do not want to read it there I am posting it
below. Like most CFR's the specific regulation is subject to
interpretation. There may be some NPS policy that has been
developed to clarify the NPS's position on this regulation, but I am
not sure where that would be available.

One could argue that responsible letterboxers would not do anything
that would violate the regulation. I am assuming that no
responsible boxer would put a box in a sensitive archeological area,
hide (or search for) a box in a manner that requires digging, or
hide (or search for) a box in a manner that is destructive.

The superintendent is given broad discretion in the regulation.
Each park may have a different perspective.

Here is the regulation's text:
_________________________________________________________________
TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

PART 2--RESOURCE PROTECTION, PUBLIC USE AND RECREATION--Table of
Contents

Sec. 2.1 Preservation of natural, cultural and archeological
resources.

(a) Except as otherwise provided in this chapter, the following
is
prohibited:
(1) Possessing, destroying, injuring, defacing, removing,
digging,
or disturbing from its natural state:
(i) Living or dead wildlife or fish, or the parts or products
thereof, such as antlers or nests.
(ii) Plants or the parts or products thereof.
(iii) Nonfossilized and fossilized paleontological specimens,
cultural or archeological resources, or the parts thereof.
(iv) A mineral resource or cave formation or the parts thereof.
(2) Introducing wildlife, fish or plants, including their
reproductive bodies, into a park area ecosystem.
(3) Tossing, throwing or rolling rocks or other items inside
caves
or caverns, into valleys, canyons, or caverns, down hillsides or
mountainsides, or into thermal features.
(4) Using or possessing wood gathered from within the park area:
Provided, however, That the superintendent may designate areas where
dead wood on the ground may be collected for use as fuel for
campfires
within the park area.
(5) Walking on, climbing, entering, ascending, descending, or
traversing an archeological or cultural resource, monument, or
statue,
except in designated areas and under conditions established by the
superintendent.
(6) Possessing, destroying, injuring, defacing, removing,
digging,
or disturbing a structure or its furnishing or fixtures, or other
cultural or archeological resources.
(7) Possessing or using a mineral or metal detector,
magnetometer,
side scan sonar, other metal detecting device, or subbottom profiler.

This paragraph does not apply to:
(i) A device broken down and stored or packed to prevent its use
while in park areas.
(ii) Electronic equipment used primarily for the navigation and
safe
operation of boats and aircraft.
(iii) Mineral or metal detectors, magnetometers, or subbottom
profilers used for authorized scientific, mining, or administrative
activities.
(b) The superintendent may restrict hiking or pedestrian use to
a
designated trail or walkway system pursuant to Secs. 1.5 and 1.7.
Leaving a trail or walkway to shortcut between portions of the same
trail or walkway, or to shortcut to an adjacent trail or walkway in
violation of designated restrictions is prohibited.
(c)(1) The superintendent may designate certain fruits, berries,
nuts, or unoccupied seashells which may be gathered by hand for
personal
use or

[[Page 18]]

consumption upon a written determination that the gathering or
consumption will not adversely affect park wildlife, the
reproductive
potential of a plant species, or otherwise adversely affect park
resources.
(2) The superintendent may:
(i) Limit the size and quantity of the natural products that may
be
gathered or possessed for this purpose; or
(ii) Limit the location where natural products may be gathered;
or
(iii) Restrict the possession and consumption of natural
products to
the park area.
(3) The following are prohibited:
(i) Gathering or possessing undesignated natural products.
(ii) Gathering or possessing natural products in violation of
the
size or quantity limits designated by the superintendent.
(iii) Unauthorized removal of natural products from the park
area.
(iv) Gathering natural products outside of designated areas.
(v) Sale or commercial use of natural products.
(d) This section shall not be construed as authorizing the
taking,
use or possession of fish, wildlife or plants for ceremonial or
religious purposes, except where specifically authorized by Federal
statutory law, treaty rights, or in accordance with Sec. 2.2 or
Sec. 2.3.
Note: Regulations concerning archeological resources are found
in 43
CFR part 3.
_________________________________________________________________


--- In letterbox-usa@y..., "Mike" wrote:
> Greetings,
>
> I'm trying to find out where it says in the NPS regulations that
> letterboxes and geochaches are specifically prohibited, or if it
> actually does. I've searched through the archives, and can't find
a
> reference to a specific article in the regulations. I know we've
> talked about this a lot on the list. Can anyone help me?
I'm ::this
> close:: to getting a box at the Springfield Armory National
> Historical Site in Springfield, MA, and the superintendant wants
me
> to make a presentation to him about what it is I want to do.
>
> Mike S.



Re: NPS Regulations

From: Mary from Virginia (daughteroftheolddominion@yahoo.com) | Date: 2002-11-15 16:36:20 UTC
The NPS regulations don't specifically use the word "letterboxes".
What it says is that you can't leave property in the park unless you
have permission. Here is an excerpt of the reg:


TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

PART 2--RESOURCE PROTECTION, PUBLIC USE AND RECREATION

Sec. 2.22 Property.
(a) The following are prohibited:
(1) Abandoning property.
(2) Leaving property unattended for longer than 24 hours, except in
locations where longer time periods have been designated or in
accordance with conditions established by the superintendent.
(3) Failing to turn in found property to the superintendent as soon
as practicable.
---------
It goes on and on about impounded property. If you want to read all
of Sec 2.22, go to message 16882.

Mary


--- In letterbox-usa@y..., "Mike" wrote:
> Greetings,
>
> I'm trying to find out where it says in the NPS regulations that
> letterboxes and geochaches are specifically prohibited, or if it
> actually does. I've searched through the archives, and can't find a
> reference to a specific article in the regulations. I know we've
> talked about this a lot on the list. Can anyone help me? I'm ::this
> close:: to getting a box at the Springfield Armory National
> Historical Site in Springfield, MA, and the superintendant wants me
> to make a presentation to him about what it is I want to do.
>
> Mike S.