This appendix is designed to provide Service-wide consistency, and sets forth the requirements and procedures applicable to permitting filming and photography (filming) in units of the national park system. These are to be used in addition to the requirements and procedures included in NPS-53 Chapters 1 through 7, and other applicable appendices. Special circumstances specific to individual park areas will require additional conditions aimed at preventing the derogation of resources, values and purposes for which the area was created.

It is the policy of the National Park Service (NPS) to allow filming and photography when it is consistent with the protection and public enjoyment of park resources. The NPS encourages filming when it is for the specific use of the park or when it assists the NPS in fulfilling its mission. The NPS has the authority and responsibility to manage, permit and/or deny filming projects consistent with the following principles:

The Special Use Permit (Form 10-114) is the instrument used to authorize filming or photography. The park Superintendent shall determine when a permit for filming or photography will be required and what costs, if any, must be recovered. During certain times (e.g., periods of peak visitation or high fire danger) the Superintendent may deny any or all requests for special use activities, including filming. If filming activities are inherent in an event or use for which a Special Use Permit has been or will be issued, conditions and permission for filming may be included in that Special Use Permit.

A permit is required if the filming, video taping, sound recording or still photography involves products or service advertisement, or the use of models, sets, or props, or when the filming, video taping, sound recording, or still photography could result in damage to park resources or significant disruption of normal visitor use.

All projects will be reviewed to ensure protection of the park's resources and values, and to prevent adverse impact on neighboring communities and non-park interests. The permit process provides the Superintendent and the applicant an opportunity to discuss the proposed project and to establish reasonable conditions to protect NPS interests. If the impacts of the project can be mitigated to the Superintendent's satisfaction, a project request may be approved, but only by NPS permit. Park managers shall not sign location releases supplied by applicants. The NPS cannot control filming or photography projects occurring outside park areas, even though they may include a simulation of park features, uniforms or other equipment.

Documentation of the application and permit review process serves as the administrative record, and should include the reasoning behind permit restrictions and any waivers of restrictions.

The NPS policy for still photography is attached to this Appendix as Exhibit 1. It is intended as a handout for still photographers.

Some filming projects are conducted with ongoing First Amendment demonstrations. (Refer to Appendix 5) The fact that a permit may be required for filming does not mean that the Government may censor or control a film's content. Just as is true for any other type of park use, the potential for resource damage or, in some cases, the proposed actions of a group that might pose health and safety concerns both to itself and visitors, may trigger the requirement for a permit. However, the NPS shall not require the payment of fees, insurance coverage or a performance bond for a demonstration, nor shall it recover its costs incurred in managing the activity.

Superintendents must recognize that normally the filming of news-breaking events will not require a permit. Breaking news is an event that cannot be covered at any other time or location. Coverage of breaking news will not require a permit, if no advertising, and no set, props, or models are used and there is no derogation of park values or disruption to park visitation. It is, however, subject to restrictions and conditions necessary to protect park resources and public health and safety, and to prevent derogation of park resources and values.

In some instances the NPS may see significant benefits from the production of "human interest" or "travelogue" segments filmed in parks. These benefits may include educational information on park programs, public awareness of park-specific problems and constituency building which could aid in accomplishing the mission of the NPS. The cost of otherwise reaching such a large audience is often prohibitive, and the benefit of such media exposure often exceeds the direct cost to the park in permitting and/or monitoring the production. With this in mind, the Superintendent may reduce or waive fees for projects that provide benefit to the NPS based on the amount of value received by the NPS.

The NPS has authority to accept donations, but not to solicit donations. Therefore, NPS managers shall not initiate discussion of a possible donation with any permit applicant. In addition, the applicant must not be approached by a representative of a cooperating association, friends group or other park partner for a donation while the application is being considered, the permit is being negotiated or the permitted activities are ongoing.

An applicant's offer of a donation to the park must not in any way influence the NPS manager's decision to issue or deny a permit, nor can it be allowed to influence the manner in which a permit is administered. If a permit applicant voluntarily indicates an interest in making a donation to the park, the NPS shall refrain from discussing the donation until after the permitted activity is completed. This will help to ensure that the prospect of a donation does not cause a lapse in objectivity and thereby create an ethical dilemma. Superintendents may not accept donations in lieu of cost recovery.

Resource Protection

The Superintendent will always give priority to attaining park management and resource protection objectives to include the full range of resources protected by the park. Permit requests involving unmitigatable threats to the resource shall be denied.

Natural Resources. NPS policy defines natural resources as plants, animals, water, air, soils, topographic features, geologic features, paleontologic resources and aesthetic values, such as scenic vistas, natural quiet and clear night skies. The primary managerial concern is to prevent loss or degradation of these resources.

Wilderness. The Wilderness Act imposes additional use restrictions on federal lands that have been designated as Wilderness. [Consult 16 U.S.C. 1133(c) and (d).]

Cultural Resources. Cultural resources are, with few exceptions, nonrenewable. Once their historic or cultural fabric is compromised, their authenticity cannot be replaced. The primary managerial concern of filming or photographing any artifact or cultural material is to prevent loss or degradation of the resource. Managers must recognize the need for project evaluation by subject matter experts.

Community and Ecosystem Resources. When evaluating projects, Superintendents may take measures and include permit conditions that would prevent adverse impacts on the surrounding communities and resources. The Superintendent is encouraged to discuss the proposed project with the surrounding affected parties. These discussions should include, but are not limited to, resource protection issues, noise, economic impacts, other scheduled activities, pedestrian and vehicle access, traffic flows, availability of visitor parking, as well as the permittee's needs for staging vehicles, equipment and related project activities.

Filming activities will not unduly interfere or conflict with visitors' normal use and enjoyment of the park. Superintendents will examine each request to film or photograph in order to evaluate potential effects on visitors. Public health and safety issues must be identified and resolved. When evaluating a request the Superintendent must make the following determinations:

If impacts on visitor use can be mitigated to the satisfaction of the Superintendent, a project may be permitted. During peak visitor use times, the Superintendent may deny all requests for special use permits, including filming permits.

Parks shall use NPS-53 as a basis for developing procedures specific to their areas. This assures an efficient and consistent response to all permit applicants. Park specific procedures must be crafted considering:

Exhibit 6 is an outline of suggested topics for consideration when drafting a park specific guideline. Once completed by the park staff, the park's guidelines should be shared with regional and state agencies and organizations involved in tourism and economic development. These organizations are often contacted for assistance in finding locations and should be informed of NPS permit requirements.

By taking the initiative to communicate with these agencies, the Superintendent demonstrates that the NPS is sensitive to the economic benefit of filming to the region. When the agencies are aware of the park's filming limitations and restrictions they can pre-screen inquiries and divert to other locations those applicants whose requests cannot be accommodated in the park.

The Service has authority to recover and retain all costs of providing necessary services associated with filming activities. Guidance for the recovery of costs is found in Chapter 7.

The permit process provides the Superintendent an opportunity to discuss the proposed project with the photographer or film maker, and also serves as an administrative record. This can be a simple or multi-stage process depending on the complexity of the project.

Pre-Application Activity. The park should prepare a short summary of the park specific guidelines as a preliminary communication with permit applicants to facilitate their understanding of the permit process. Exhibit 4 (application information sheet) is an example of how this type of information might be presented.

The Application. Exhibit 2 is reserved for an application form. This form will be designed to obtain information needed by the park to evaluate requests for filming or still photography activities. This form will be submitted to OMB for approval shortly. Until such approval is received parks are encouraged to require the information needed to fill out the SF 10-114 in sufficient detail to enable adequate evaluation and completion of the decision process.

Applications may be requested in person or by telephone, fax, E-mail or letter. Once the application has been completed it must be returned to the park along with the non-refundable application charge. No application will be accepted or deemed complete without all information and the application charge.

Application Review. The application review and evaluation process takes time and will vary depending on many factors. Exhibit 3 is a suggested worksheet that parks may use to aid them in the review and evaluation process.

The park Superintendent is the authorizing official.

Rejection/Denial. Any one of the following criteria may justify the rejection of a permit application:

Resource Damage. Damage to a resource is anticipated, and such damage cannot be mitigated to the satisfaction of the Superintendent

Disruption of visitor use or normal park operations. The Superintendent determines that a proposed project will conflict with the public's normal use of a park, or with normal park operations, and a resolution cannot be negotiated to minimize the impact

Closed Areas. The applicant requests access to areas closed to the public, or requests to conduct activities not allowed unless:

Supervisory Requirements. The project would place unreasonable burdens on the park staff. The rejection may occur regardless of the permit applicant's willingness to pay for administrative or overtime expenses associated with supervision. However, the Superintendent may consider bringing in employees from other parks to assist.

Illegal Portrayals. The project depicts activities that are not permitted within a recognized park area, i.e. defacing a monument, etc.

Inability to Obtain Insurance/Bonding. The applicant is unable to obtain the necessary bond and/or insurance certification.

Failure to Agree to Pay Assessed Cost Recovery. The applicant is unwilling to agree to pay the estimated cost recovery.

If an application is rejected the applicant will be informed in writing. The letter must include the grounds for rejection. The applicant should be reminded that application charges are not refundable. If substantial staff resources were expended in the evaluation of the request the applicant may be billed for the additional costs.

Permit Considerations. Exhibit 5 identifies a number of possible conditions that could be modified to address specific park needs and included in a permit. The permit shall contain conditions or restrictions relating to such factors as:

Safety Considerations. Depending on the nature of a project, and the potential hazards associated with it, the Superintendent may require the permittee to have on-site medical, water safety and/or fire personnel.

NPS Supervision and Costs. Filming activities will be monitored by a qualified NPS employee to assure full compliance with all of the terms and conditions of the permit. NPS staff will monitor all aspects of filming at levels based on company size and project scope.

Pre-Activity Meeting. After the approval of an application, and before the activity begins, the permittee (including, but not limited to the producer, director, location and/or production manager) will meet with the Superintendent or designate to:

The necessity of this meeting will be at the discretion of the Superintendent, based in part on the scope of the project.

The meeting for a small project that has minimal potential for impact on the park may occur over the telephone. The Superintendent may also determine those situations in which faxed signature pages will be acceptable, with the understanding that the 'original' signed page is forthcoming by the most expedient method.

Delays, schedule changes. The NPS recognizes that filming projects are subject to many changes and are influenced by many factors, including creative processes, weather, budget overruns and the availability of personnel and props.

Notification of delays or schedule changes must be provided to the NPS at least 36 hours in advance. Failure to provide such advance notification will result in a non-refundable, minimum charge for each staff person scheduled for the activity. This charge will be the equivalent of two hours overtime for each employee assigned. Additionally, any costs incurred by the NPS anytime during the application, permitting, or operational process are fully recoverable. These costs may be recovered through the posting of a bond at the time of application, or through a bill for collection presented at any point after initial contact.

Suspension, Revocation. Definitions:

Suspension refers to an action by the Superintendent or designate to halt permitted activities due to violation of a permit condition. The privileges may be reinstated upon the correction of the problem.

Revocation refers to an action by the Superintendent to end the permit because of noncompliance with any of the prescribed terms or conditions.

If resource damage occurs or is imminent, all filming activities will be stopped immediately. Violation of any of the permit conditions will result in suspension or revocation.

NPS personnel assigned to work with permittees should be pro-active. Any conditions or activities which, if not corrected, could lead to violation of the permit must be brought to the attention of the permittee.

The Superintendent should be prepared to take recourse if deliberate infractions occur. In such a case, the permit will be suspended and the Superintendent, if anticipating legal action, may inform the Regional Director. The permit may be revoked, and legal action is possible, if the Superintendent determines that a permittee made deliberately false and/or misleading statements concerning intended actions in order to obtain a permit.

NPS Personnel Working for Permittee. There is a potential for conflict of interest when NPS employees are invited to work directly for filming companies. Before proceeding with an off-duty employment request the supervisor should read and refer employees to the Department's regulations regarding employee conduct (43 C.F.R. 20.735-23). Off-duty employment requests must be approved by the Superintendent.

On-Camera Appearance by Employees. On-camera appearances by employees are allowed under the following conditions:

Gratuities. The Standards of Ethical Conduct for Employees apply. Generally permittees come under the category of Prohibited Sources; employees are forbidden from accepting gratuities from prohibited sources. However, there are exceptions that allow employees to accept modest items of food and refreshment.

Meals/Provisions: The NPS recognizes that the work- day for a film production company typically lasts longer than eight hours. NPS employees assigned to monitor permit activities must be prepared to sustain themselves over the entire time span. The Superintendent may, on a case-by-case basis, grant the employee permission to accept provisions from the permittee.

Market values of the individual meals, and aggregate market value of all meals, provided by an individual permittee may not exceed the limits set in 5C.F.R Part 2635.204.

Waiver of Insurance. The Superintendent has authority to waive the insurance requirement if there is no perceived risk of injury or damage to persons or property resulting from the activity. If no permit is required, no evidence of liability insurance is required.

Purpose of Insurance. General commercial liability insurance will help protect the Government from judgements connected with injury or damage resulting from the actions or inactions of the permittee or his/her agents, contractors or employees. The Service may require additional insurance for certain high-hazard situations. The policy must contain the following elements:

Risk of loss. The permittee assumes all risk of loss of his/her property.

Damage to government property. The permittee has a duty to protect from injury and damage the land, property, resources, historic features and other interests of the government.

Indemnification and liability of the government. The permittee will comply with all applicable federal, state, and local laws and regulations, as well as all permit conditions. In addition, the permittee will indemnify, defend, and hold the U.S. Government harmless for any violations incurred under any such laws and regulations or for any costs, damages, claims, liabilities or judgements arising from acts or omissions of the permittee in connection with the use and/or occupancy provided by a permit.

Evidence of Insurance. Photographers and video or film production companies that are required by permit to provide proof of insurance must carry general commercial liability insurance issued by a United States company.

Establishing the Amount of Insurance. When establishing the monetary amount of required insurance the Superintendent should consider the risk to the park resources, the complexity of the activities, the number of people involved, equipment and vehicles, the magnitude of support and catering services, the number of days of shooting and preparation and clean up, as well as any other relevant circumstances.

Insurance amounts can vary from several thousand up to several million dollars. Generally, the NPS will accept the following:

Purpose of the Bond. The purpose of the bond is to insure that the resource is left in as good condition as it was prior to the filming, and to cover restoration costs. Generally, bonds will be required in amounts at least equal to the estimated cost to the Government for clean-up and/or restoration that would be necessary if the permittee failed to meet NPS permit conditions. A performance bond may come in various forms, for example a cashiers check, certified check, irrevocable terms of credit, or similar negotiable instruments, paid for by the permittee/production company to cover resource damage resulting from the activities of the permittee.

Use of the Bond. Those bond amounts, paid in advance, should be deposited into the designated park account upon receipt. Should the permittee fail to perform any part of the necessary clean-up or restoration, or fail to reimburse the NPS for costs associated with the permit, the account will be used to make any payments necessary. Any remaining balance will be returned to the permittee. If the bond is insufficient to cover costs the permittee will be issued a bill for collection for the amount of the deficit. Bonds must be handled appropriately and accounted for at all times. Funds from bonds, including letters of credit, shall be withdrawn only in the amount owed to the NPS.

Projects Occurring Outside of NPS Jurisdiction. This section applies to projects occurring outside NPS jurisdiction without NPS funding over which the NPS has no control. These may portray NPS programs, policies, resources, persons, events or topics relevant to the educational mission of the NPS. Such films may be documentaries, docu-dramas or feature-length films. It is sometimes in the best interest of the NPS to offer technical assistance to the producer to insure that the NPS, its resources or other matters of importance to the Service's mission are accurately portrayed or represented.

Since this assistance would be provided on a mutually agreeable basis, and since NPS suggestions would not be binding on the producer, there would be no issue of censorship. Depending on the complexity of the arrangement, a letter of agreement or a General Agreement would be appropriate. (The letter or GA, rather than a Cooperative Agreement, would be appropriate because the NPS would not be contributing funds toward production costs.) When the NPS provides assistance of this nature, a clear understanding must be reached with the production company as to whether or not, and in what way, the NPS's role will be acknowledged in the film.

While reimbursement of NPS costs is desirable in these situations, the producer is not obligated to provide reimbursement, unless the filming will take place on NPS lands and a permit is required. If the producer will not provide reimbursement, the NPS must determine if the prospect of unreimbursed costs is outweighed by the value to the NPS of providing more accurate information to the viewing audience.

Projects in which the NPS has Direct or Indirect Involvement or Control. The NPS sometimes produces films to aid in accomplishing the NPS mission. Productions that are partially, directly or indirectly funded by the NPS must be accomplished through a contract or a Cooperative Agreement. The use of a contract is appropriate when the film will simply be a product developed to NPS specifications, using either appropriated or donated funds. The use of a Cooperative Agreement is appropriate when the production is funded and controlled, at least partially, by some other entity with whom the NPS is collaborating.

Films produced under contract or Cooperative Agreement are generally limited to documentary or instructional films. They must be approved by the appropriate Regional Director and, in most cases, must be coordinated at the earliest stages with the Harpers Ferry Design Center. Contracts or agreements for filming must contain provisions which address the following matters:

Credit Line Prohibition. A credit line is specifically prohibited in instances involving product or commercial advertisement, in films promoting an industry and in films designed to influence Congressional initiatives.

Optional Credit Line. The Superintendent may request a credit line in films produced in whole or in part on Service lands unless the subject matter is such that a credit line is not desirable. A producer's willingness to give a credit line will not be a consideration in the granting of a permit.

Format of Credit Line. The suggested format for a credit line is:

Name(s) of Area(s)

NATIONAL PARK SERVICE

U.S. DEPARTMENT OF THE INTERIOR

Use of Museum Collections. Refer to the Museum Handbook for credits relating to Museum Collections.

Government Property. Government property, including the uniform, will not be used, loaned or rented to a film company, or diverted from its normal use, for filming purposes except as stated below. (See 43 C.F.R. 20.735.15.) Rental of NPS equipment on a reimbursable basis pursuant to 16 U.S.C. 1-b(5) is authorized only to persons who "render services or perform functions that facilitate or supplement activities of the Department."

Government Symbols. Use of the NPS Arrowhead in titles, credits or other deliberate disclosures requires the permission of the NPS Director (36 CFR 11.2 and Special Directive 93-7).

Museum Collections. Refer to the Museum Handbook for regulations.

Filming projects sometimes include proposals for stunts or special effects. The NPS must thoroughly evaluate these requests for their potential impact.

High-Risk Activities. Any filming project that involves high-risk activities, e.g., performance driving, skydiving, stunt flying, hang gliding, ballooning, bungee jumping, etc., will undergo thorough review to determine its proximity to significant resources or its potential for conflict with existing regulations.

Stunts are high-risk activities that involve an elevated risk and are performed by specialists trained to accommodate the risk.

Safety measures protecting the crew, visitors and park resources must be thoroughly reviewed by the NPS, the permittee and the stunt coordinator during permit negotiations, and again on-site before any preparations for the stunt can begin.

Special Effects. Special effects can be visual, mechanical or pyrotechnic. Evaluation of requests for special effects will necessitate a review of all relevant regulations, directives and policies, as well as applicable regulations or licensing requirements of other agencies on federal, state, and local levels.

Some states license individuals for the handling of certain materials, and in some areas daily permits are required for the use of air polluting materials or pyrotechnic special effects.

Authority. Although the Service does not regulate the airspace above park areas, NPS does have the authority to control landing of aircraft, airborne delivery, excessive noise, and activities on park property which are filmed/photographed from the air.

FAA, OAS and Service Guidelines. All aviation activities will be performed in accordance with applicable Federal Aviation Administration (FAA) regulations, Department of the Interior policies and other Service guidelines. (See NPS-60, Aviation Management.)

General Conditions. The use of aircraft over NPS areas for commercial filming projects is generally considered undesirable. Any request for aircraft use will be carefully evaluated to determine the kinds of impacts from the proposed aircraft.

Some filmmakers or photographers may be unaware that certain filming activities require a permit, cost recovery, insurance certificate or performance bond. When the Superintendent or a park staff member becomes aware that filming activities that would normally require a permit are being conducted without a permit, he/she will contact the individual or group, explain the requirements necessary to comply with regulations and resolve the issue as soon as possible. A photographer or filmmaker who fails to obtain a required permit may be subject to arrest.

·REFERENCES

16 U.S.C. 1-b (5) - Supplies and Rental of Equipment; Reimbursement

16 U.S.C. 1133 - Wilderness Act

18 U.S.C. 1001 - Fraud and False Statements

36 C.F.R. 2.17 - Air Delivery

36 C.F.R. 5.5 - Commercial Photography

36 C.F.R. 11.2 - Use of the Arrowhead

43 C.F.R. Part 5.1 - Making pictures, television productions or soundtracks on certain areas under the jurisdiction of the Department of the Interior

NPS-20 Cooperative Agreements

NPS-60 Museum Management

NPS-66 Aviation