accommodations has been an isolated, temporary situation which should be corrected by the proposed regulations dealing with the specific harm caused by such use. There is also no indication that allowing temporary structures within three hundred yards of the White House poses any danger which regulations should address. Courts have consistently held that regulations governing First Amendment activity must be drawn as narrowly as possible in furtherance of a legitimate government interest. In the absence of an identifiable threat the existence of a legitimate government interest appears too tenuous to support more restrictive regulations.
Indian tepees by Indian rights groups to symbolize the plight of Indians; and numerous other demonstrations where support services tents were used for first aid facilities. for lost children areas. and to shelter electrical and other sensitive equipment or displays. Although it is the policy of the National Park Service to permit tents as temporary structures for the above purposes in connection with permitted demonstration activities. the Park Service does not permit camping or the erection of tents for camping in connection with demonstration activities in other than formally designated and maintained campgrounds. Camping is defined as the use of park land for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings or making any fire, or using any tent or shelter or other structure or vehicle for the purpose of sleeping or doing any digging or earth breaking or carrying on cooking activities. The above-listed activities constitute camping when It reasonably appears. in light of all the circumstances, that the participants. in conducting these activities. are in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. This policy is not intended to prohibit eating, cooking, and other traditional picnicking activities in areas designated for picnicking pursuant to 36 CFR 50.14. The National Park Service emphatically believes that the Memorial Core area of the nation's capital is an especially unsuitable location for camping activities. The Memorial Core included the Mall area. the Washington Monument grounds. the White House area. the Ellipse, Lafayette Park, East and West Potomac Park, the Jefferson end Lincoln MemoriaLs, and the· Kennedy Center. Were camping permitted in this area. other park visitors, including demonstrating park visitors. would be deprived of use of this nationally significant space. Camping could cause significant damage to park resources, create serious sanitation problems, and seriously tax law enforcement resources. It is probable that the cumulative impact of permitting any camping activities in the Memorial Core and other National Capital Parks areas would cause the National Park Service to incur additional costs for park restoration. sanitary facilities and extra park personnel. including law enforcement personnel. Even though camping is now prohibited the Park Service nevertheless receives several requests each year for camping in connection with demonstration activities. It is believed that these requests would increase dramatically were camping permitted because it would offer free, convenient living space for persons pursuing speech activities. Such use of park space would amount to a federal subsidy of the living costs of demonstrating Park visitors and would create pressure from non-demonstrating visitors for similar accommodations· - It is the opinion of the National Park Service that allowing participants in any activity to live at the site of their activity would create unacceptable adverse impacts to park areas, deprive other Visitors of use of the park area and create law enforcement confrontations arising from attempts to confine activities within specific parameters. In fact, experience with administering the court's decision in Community for Creative Non-Violence v· Watt allowing sleeping revealed that activities by demonstrators expanded into a campground situation with serious adverse effects on Lafayette Park. The National Park Service is mindful of the need to provide camping facilities, in park areas within the metropolitan Washington. D.C. area. Fully equipped and maintained campgrounds are located in Parks which can sustain the impacts from camping activities and which are within reasonable proximity to the capital. Demonstrating park visitors are free to avail themselves of these facilities. The information collection system contained in 9 50.19 has been previously approved by the Office of Management and Budget and assigned OMB Approval No. 1024-0021. IMPACT ANALYSIS The National Park Service has determined that this document is not a major rule requiring preparation of a Regulatory Impact Analysis under Executive Order 12291 and does not require a small entity flexibility analysis under Pub. L 96-354. The rule is designed only to clarify the circumstances and conditions under which temporary structures may be permitted in connection with demonstration activities. People wishing to camp in the Washington. D.C. metropolitan area will continue to have access to park areas designated as public campgrounds. The rule will have no substantial impact on any aspect of the economy. List of Subjects in 36 CFR Part 50 District of Columbia; National Parks: National Capital Parks. Date approved: May 11. 1982 J. Craig Potter, Assistant Secretary, Fish. Wildlife and Parks In consideration of the foregoing. § 50.19 of title 36 of the Code of Federal Regulations is accordingly amended as follows:
§ 50.19 [Amended]
(e) ' ''
temporary structures other than small lecterns or speakers platforms. This provision is not intended to restrict the use of portable signs or banners.