All commercial filming* requires a permit (36 CFR 5.5 referencing 43 CFR 5.2).
*Commercial filming means the film, electronic, magnetic, digital, or other recording of a moving image by a person, business, or other entity for a market audience with the intent of generating income. Examples include, but are not limited to, feature film, videography, television broadcast, or documentary, or other similar projects. Commercial filming activities may include the advertisement of a product or service, or the use of actors, models, sets, or props (43 CFR 5.12).
The National Park Service uses the following location fee schedules for Commercial Filming:
- 1–2 people, camera & tripod only - $0/day
- 1–10 people - $150/day
- 11–30 people - $250/day
- 31–49 people - $500/day
- Over 50 people - $750/day
Non-commercial filming requires a Special Use Permit when one or more of the following is true:
- 6 or more people are involved in the activity, OR
- Participants will use equipment or props that are not handheld (except basic tripods), OR
- The activity will take place in one of the following areas: Designated Wilderness, inside park facilities, or in areas that are closed to the public.
(CFR §1.6, Superintendent’s Compendium).
Permits issued for non-commercial filming may be subject to cost recovery charges, including an application fee, but a separate location fee will not be charged.
Still photography does not require a permit unless:
- It uses a model*, set, or prop
- The agency determines a permit is necessary because:
- 1. It takes place at a location where or when members of the public are not allowed; or
- 2. The agency would incur costs for providing on-site management and oversight to protect agency resources or minimize visitor use conflicts.
(36 CFR 5.5 referencing 43 CFR 5.2)
*Model means a person or object that serves as the subject for commercial filming or still photography for the purpose of promoting the sale or use of a product or service. Models include, but are not limited to, individuals, animals, or inanimate objects, such as vehicles, boats, articles of clothing, and food and beverage products, placed on agency lands so that they may be filmed or photographed to promote the sale or use of a product or service. For the purposes of this part, portrait subjects such as wedding parties† and high school graduates are not considered models, if the image will not be used to promote or sell a product or service (43 CFR 5.12).
In addition, the National Park Service has been directed by Congress to collect a fee to provide a fair return to the United States for the use of park lands. The National Park Service uses the following still photography fee schedule:
- 1–10 people - $50/day
- 11–30 people - $150/day
- Over 30 people - $250/day
Portrait photography (including wedding, engagement, high school senior, and family photos) does not require a SUP.
Audio Recording does not require a permit unless:
- It takes places at location(s) where or when members of the public are generally not allowed.
- It uses equipment that requires mechanical transport.
- It uses equipment that requires an external power source other than a battery pack.
The agency would incur additional administrative costs to provide management and oversight of the permitted activity.
(36 CFR 5.5)
News-gathering activities involving filming, videography, or still photography do not require a permit unless:
- 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
- Obtaining a permit will not interfere with the ability to gather the news.
- A permit issued for news-gathering activities is not subject to location fees or cost recovery charges.
(43 CFR 5.4)
Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Tule Lake National Monument is prohibited except as approved in writing by the superintendent.
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, and drones) that are used for any purpose, including for recreation or commerce.
Federal law requires a permit for all commercial filming, no matter the size of the crew or the type of equipment. This includes individuals or small groups that don’t use much equipment, but generate revenue by posting footage on websites, such as YouTube and TikTok.
The primary focus of the NPS, however, is on commercial filming that has the potential to impact park resources and visitors beyond what occurs from normal visitor use of park areas. Examples of this type of filming are productions that use substantial equipment such as sets and lighting, productions with crews that exceed 5 people, and filming in closed areas, wilderness areas, or in locations that would create conflicts with other visitors or harm sensitive resources.
A complete application is required at least 60 days in advance of your requested dates in order to process a permit. Larger events such as bicycle and running events require at least 120 days in advance of your requested dates in order to process a permit.
An application will not be considered complete without dates, times, locations, and equipment. We encouraged to attach, maps, diagrams, script pages, vehicle and equipment lists, call sheet, itineraries, shot list, etc. with your application to assist park staff in evaluating your request.
If your application is missing these details, or if they change during the application process, a new application must be submitted. The 60-day window may restart when this happens.
When conducting Special Use Activities in Lava Beds National Monument with a permit, you are subject to all the laws and regulations that apply inside the park.
Please read all regulations carefully as your permit application may be denied if it contains any of the activities below.
The following activities are not permitted:
- Use of drones or other unmanned aircraft.
- Nudity in public areas.
- Smoking inside buildings, in caves, and in vegetated areas.
- Loud noises (exceeding 60 decibels at 50 feet in distance).
- Use of public address systems and sound amplification equipment unless otherwise specified in your permit.
- Driving any vehicle (including motorcycles and bicycles) off designated paved or dirt roads.
- Driving any off-road vehicle on a park road (including, but not limited to, OHV’s, ATV’s, dirt bikes, golf cards, Rhino or Polaris multiple passenger vehicles).
- Operating a motor vehicle in a manner that causes unreasonable damage to the surface of a park road or route.
- Operating a vehicle so slowly as to interfere with the normal flow of traffic is prohibited.
- Stunt or high-speed driving.
- Standing in a roadway as part of a film or photography shoot unless otherwise specified in your permit with approved traffic control.
- Removing, moving, or obscuring park road signs, speed limit signs, or wayside signs.
- Ground disturbance (including digging or driving posts and installing temporary signs or structures).
- Attaching props, equipment, signs, or banners to NPS facilities, structures, rocks, or vegetation.
- Contributing to erosion or otherwise unduly disturbing the ground or landscape, including running, walking, or other activity on fragile areas.
- Collecting, moving, damaging, or otherwise disturbing any animal, plant, rock or any other natural, historical, or archeological resource.
- Walking on, climbing, entering, ascending, descending, or traversing any archaeological or cultural resource (including all mine structures, features, and ruins).
- Cutting or removal of branches or any vegetation.
- Feeding, touching, harassing, frightening, hunting, trapping, or disturbing wildlife.
- Viewing wildlife with artificial light (including infrared and black lights).
- Introducing wildlife, fish or plants, including their reproductive bodies, into the park’s ecosystem.
- Using a mineral or metal detector.
- Releasing Mylar or helium balloons, doves, butterflies, flower petals, or other living objects.
- Filming or photographing park employees unless otherwise specified in your permit.
- Brandishing or discharging a firearm, real or prop, unless use of a firearm prop has been specifically authorized in your permit.
- Unduly interfering or conflicting with visitors’ normal use and enjoyment of the park, including blocking visitor access to an area.
You must also comply with the following:
- Fire safety regulations and temporary closures resulting from fire conditions.
- Speed limits and traffic laws.
- Leave No Trace principles and ethics.
- Regulations for pets in the park including leash requirements and location restrictions.
- Park policies and principles related to ethical and responsible treatment of culturally sensitive sites and resources.
Many permits require full-time or intermittent monitoring for the protection of resources and visitor experience. This will be determined by the Special Park Uses Coordinator based on your application.
If monitors are required, your permit will only be issued subject to availability of monitors on the dates and at the locations requested.
See below for fees associated with monitoring.
1. Download NPS Form 10-930 Application for Special Use Permit and fill out completely.
- A complete application is required at least 60 days in advance of your requested dates in order to process a permit. Bicycle and running events require a complete application at least 120 days in advance of your requested date.
- An application will not be considered complete without dates, times, locations, and equipment. If your application is missing these details, or if they change during the application process, a new application must be submitted. The 60 day window may restart when this happens.
2. Email LABE_permits@nps.gov the complete permit application as a single PDF file. Photos, links to shared drives, or pages as multiple PDFs may not be accepted.
1. After the Special Use Coordinator receives your application via email, we will reply with information for payment of the application fee. This is the fee to process your application and is non-refundable, even if a permit is not issued or you choose to cancel your application. This application fee must be paid within five (5) business days in order to move forward with the permit process.
- First amendment – no application fee
- All other activities – $50 application fee
2. After the Special Use Coordinator receives your payment, we will review your application materials and determine if a permit can be issued.
After reviewing your application, we will send you information on insurance requirements for your specific request. However, generally, the following is true:
- First amendment permits – no insurance required.
- Wedding permits – most do not require insurance.
- Photography, filming, sporting event, special event, large group – most require the following:
1. A Certificate of General Liability Insurance (COI) in the amount of $1,000,000 listing the ‘United States of America’ as additional insured. The COI must be in English and in US funds.
If your insurance company requires an address for ‘United States of America’, they can list the additional insured as:
United States of America Lava Beds National Monument PO Box 1240 Tulelake CA, 96134
Notwithstanding any other provision of law, the National Park Service may recover all costs of providing necessary services associated with special use permits (54 U.S. Code § 103104). This amount will vary depending on the size and complexity of your permit but an estimate will be provided to you beforehand and will be included in your signed permit.
Prior to issuing the permit, the Special Use Permit Coordinator will send information on paying the remaining costs, if applicable.
The following may apply:
1. Hourly fee: approximately $50/hour. The exact hourly fee is based on the specific employee’s salary and may be charged if any of the following activities are required for your permit:
- Monitoring: Many permits require full-time or intermittent monitoring for the protection of resources and visitor experience, and to ensure full compliance with all conditions of the permit. The level and type of monitoring will be determined by the Special Use Coordinator based on your application. Generally, one monitor is required for every 8 people involved with the project or if there is a public use limitation. If monitors are required, your permit will only be issued subject to availability of monitors on the dates and at the locations requested.
- Interviews: All interviews and filming or photographing of NPS staff members will be assessed at the specific employee’s hourly rate.
- Scouting: If a permittee requests a scouting trip with or by the Special Park Uses Coordinator, staff time will be assessed.
- Extended administrative time: Any activity that is particularly complex is subject to the hourly fee. This fee covers additional administrative time needed beyond the maximum two hours covered by the $50.00 application. This rate does not preclude any of the other fees and is applied per hour/per staff member.
2. Government Vehicle Mileage Fee: $0.55/mile. We currently charge $.55/mile on government vehicles used for monitoring and other activities associated with your permit.
If your activity is approved, and all insurance and cost of recovery payments are paid, etc., a permit containing applicable terms and conditions will be sent you. The permit must be signed by the responsible person and returned to the park for final signature by the Park Superintendent. A fully executed permit containing both signatures is required before the permitted activity may begin.
Please have a hard copy or downloaded digital copy of the entire document with you while you are in the park. It is your responsibility to have read and follow all of the conditions listed in your permit.
Didn't find the answers to your question here? Contact the Office of Special Park Uses at LABE_permits@nps.gov or call 530-667-8111 for more information.
|
