PART 5—COMMERCIAL FILMING AND SIMILAR PROJECTS AND STILL PHOTOGRAPHY ON CERTAIN AREAS UNDER DEPARTMENT JURISDICTION Authority: 5 U.S.C. 301; 16 U.S.C. 1-3, 3a, 668dd-ee, 715i, 460 l Source: 78 FR 52095, Aug. 22, 2013, unless otherwise noted. Subpart A—Areas Administered by the National Park Service, the Bureau of Land Management, and the U.S. Fish and Wildlife Service § 5.1 What does this subpart cover? This subpart covers commercial filming and still photography activities on lands and waters administered by the National Park Service, the Bureau of Land Management, and the U.S. Fish and Wildlife Service. § 5.2 When do I need a permit for commercial filming or still photography? (a) All commercial filming requires a permit. (b) Still photography does not require a permit unless: (1) It uses a model, set, or prop as defined in § 5.12; or (2) The agency determines a permit is necessary because: (i) It takes place at a location where or when members of the public are not allowed; or (ii) The agency would incur costs for providing on-site management and oversight to protect agency resources or minimize visitor use conflicts. (c) Visitors do not require a permit for filming or still photography activities unless the filming is commercial filming as defined in § 5.12 or the still photography activity involves one of the criteria listed in § 5.2 (b). § 5.3 How do I apply for a permit? For information on application procedures and to obtain a permit application, contact the site manager at the location at which you seek to conduct commercial filming or still photography activities. § 5.4 When is a permit required for news-gathering activities? (a) Permit requirements. (1) We determine a permit is necessary to protect natural and cultural resources, to avoid visitor use conflicts, to ensure public safety or authorize entrance into a closed area; and (2) Obtaining a permit will not interfere with the ability to gather the news. (b) Terms and conditions. (c) Exemptions. § 5.5 When will an agency deny a permit for commercial filming or still photography? We will deny a permit authorizing commercial filming or still photography if we determine that it is likely that the activity would: (a) Cause resource damage; (b) Unreasonably disrupt or conflict with the public's use and enjoyment of the site; (c) Pose health or safety risks to the public; (d) Result in unacceptable impacts or impairment to National Park Service resources or values; (e) Be inappropriate or incompatible with the purpose of the Fish and Wildlife Service refuge; (f) Cause unnecessary or undue degradation of Bureau of Land Management lands; or (g) Violate the Wilderness Act (16 U.S.C. 1131-1136) or any other applicable Federal, State, or local law or regulation. § 5.6 What type of permit conditions may the agency impose? (a) We may impose permit conditions including, but not limited to, conditions intended to: (1) Protect the site's values, purposes, and resources, and public health and safety; and (2) Prevent unreasonable disruption of the public's use and enjoyment. (b) We may revoke your permit if you violate a permit condition. § 5.7 What are my liability and bonding requirements as a permit holder? (a) Liability. (b) Bond. § 5.8 What expenses will I incur? You must pay us a location fee and reimburse us for expenses that we incur, as required in this section. (a) Location fee. (2) The location fee charged is in lieu of any entrance or other special use fees. However, the location fee is in addition to any cost recovery amount assessed in paragraph (b) of this section and represents a fee for the use of Federal lands and facilities and does not include any cost recovery. (3) We will assess location fees in accordance with a fee schedule, which we will publish in the Federal Register (b) Cost recovery. § 5.9 How long will it take to process my request? We will process applications for commercial filming and still photography permits in a timely manner. Processing times will vary depending on the complexity of the proposed activity. A pre-application meeting with agency personnel is encouraged and may assist us in processing your request for a permit more quickly. For information on application procedures contact the appropriate agency field office. § 5.10 Can I appeal a decision not to issue a permit? Yes. If your request for a permit is denied, the site manager issuing the denial will inform you of how and where to appeal. § 5.11 Information collection. The information collection requirements contained in this subpart have been approved by the Office of Management and Budget (OMB) under 44 U.S.C. 3501 et seq., § 5.12 How are terms defined in this subpart? The following definitions apply to this subpart: Agency, we, our, or us Commercial filming Cost recovery Location fee (1) Commercial filming activities or similar projects; and (2) Still photography activities where a permit is required. Model News (1) As methods of news delivery evolve (for example, the adoption of the electronic dissemination of newspapers through telecommunications services), these alternative media will be considered to be news-media entities. (2) A freelance journalist is regarded as working for a news-media entity if the journalist can demonstrate a solid basis for expecting publication through that entity, even if the journalist is not actually employed by the entity. A contract would present a solid basis for such an expectation; we may also consider the past publication record of the requester in making such a determination. News-gathering activities Permit Representative of the news media Resource damage Sets and props Still photography Videography Subpart B—Areas Administered by the Bureau of Indian Affairs § 5.15 When must I ask permission from individual Indians to conduct filming and photography? Anyone who desires to go on to the land of an Indian to make pictures, television productions, or soundtracks is expected to observe the ordinary courtesy of first obtaining permission from the Indian and of observing any conditions attached to this permission. § 5.16 When must I ask permission from Indian groups and communities? Anyone who desires to take pictures, including motion pictures, or to make a television production or a soundtrack of Indian communities, churches, kivas, plazas, or ceremonies performed in these places, must: (a) Obtain prior permission from the proper officials of the place or community; and (b) Scrupulously observe any limitations imposed by the officials who grant the permission. § 5.17 When must I get a lease or permit? If filming pictures or making a television production or a soundtrack requires the actual use of Indian lands, you must obtain a lease or permit under 25 CFR part 162. § 5.18 What wages must I pay to Indian employees? Any motion picture or television producer who obtains a lease or permit for the use of Indian land under 25 CFR part 162 must pay a fair and reasonable wage to any Indian employed in connection with the production.