Special Use Permits

Special Use Permits For Activities at Big Hole National Battlefield

Most special events and activities held in the park require a special use permit. Permits allow the park to determine the impact of the activity on park values and resources. Please note that there are usage limits for the number of people and vehicles for any special activity.

A special park use is defined as a short-term activity that takes place in a park area, and that:

1. provides a benefit to an individual, group or organization rather than the public at large;
2. requires written authorization and some degree of management control from the National Park Service (NPS) in order to protect park resources and the public interest;
3. is not prohibited by law or regulation;
4. is not initiated, sponsored, or conducted by the NPS;
5. and is not managed under a concession contract, a recreation activity for which the NPS charges a fee, or a lease.

The National Park Service may permit a special park use if the proposed activity will not:

1. cause injury, damage or impairments to park resources;
2. be contrary to the park’s purpose for which the park was established and the mission of the NPS;
3. unreasonably impair the atmosphere of peace and tranquility maintained in wilderness, natural, historic, or commemorative locations within the park; or
4. interfere with visitor use, access, and programs;
5. interfere with park management or administration;
6. interfere with concession operations or other public facilities;
7. present a clear and present danger to public health and safety.

WHO NEEDS A PERMIT?
Special park uses include a wide range of activities such as organizational special events, religious gatherings, ceremonies, large group activity (over 25 participants), camps or rendezvous. A commercial film permit is required for any individual, business, or organization (including nonprofit groups and educational institutions) filming for a market audience or receiving compensation associated with footage or recordings made in the park. It is the responsibility of the activity planner to inquire about permits. If you are still unsure if you need a permit contact the park. The following lists outline specific situations that require permits for filming and still photography:

Filming:

Commercial filming is prohibited within the boundaries of Big Hole National Battlefield without a permit.

• "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, and documentaries. Commercial filming may include the advertisement of a product or service, or the use of actors, models, sets, or props.

Non-commercial filming may require a permit for to manage the activity, to protect park resources and values, minimize conflict between user groups, or to ensure public safety. Examples of non-commercial filming include, but are not limited to, filming for tourism bureaus, convention and visitor bureaus, student filming, and filming for personal use and enjoyment.

If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. The Superintendent will provide the basis for denial in writing upon request.

The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10 day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit.

Exemptions

The following cases do not require a commercial film permit

• Visitors filming or taking pictures intended for their personal use and enjoyment. Special requests or use of large or unusual equipment may require permitting even if it is for personal use.
• Credentialed news organizations documenting an event that cannot be covered at any other time or location.

Still Photography:

In most cases, still photography does not require a permit. A permit is required for still photography only when:

• the activity takes place at location(s) where or when members of the public are generally not allowed; or

• the activity uses model(s), sets(s), or prop(s) that are not a part of the location's natural or cultural resources or administrative facilities; or

• the National Park Service would incur additional administrative costs to monitor the activity.

  • A “model” means a person or object that serves as the subject for 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. Portrait subjects, such as wedding parties and high school graduates, are not considered models.

First Amendment Activities
Freedom of speech, press, religion, and assembly are rights protected by the First Amendment of the Constitution of the United States, and in accordance with the Code of Federal Regulation. People may exercise these rights in national parks, but the National Park Service still retains its responsibility to protect park resources and prevent impacts to park visitors. A first amendment permit is not required for groups of 25 individuals, or less, conducting first amendment activities in the park’s designated first amendment areas. There are several different first amendment areas designated in the park. Groups of 25, or more, or groups desiring to reserve designated areas in advance, require a permit. A first amendment permit will not be issued for more than 14 days. Applicants will be required to reapply for additional permits. Unless permitted, the designated areas are first-come, first-served. Types of activities not considered first amendment include, but are not limited to:

• church picnic or social gathering;
• wedding ceremonies or receptions;
• political fund raiser or other invitation-only political activity or event;
• solicitation of donations;
• community parades, athletics, or sporting events; or
• sale of message bearing clothing, arts and crafts, or similar merchandise.

PERMIT APPLICATION PROCESS
To apply for a special use permit, submit an application by email, mail, or drop it off at the park visitor center. An application can be submitted no more than twelve (12) months in advance and at least 30 days prior to the date of the planned event. When filling out the application ensure that all questions are answered as accurately and completely as possible. This will assist the park in determining the appropriateness of the planned activities. Applications should not be altered in any way and permits cannot be processed until we receive your original application. Applications are considered in the order they are received.The information on the Application for Special Use Permit will assist us in accommodating your request, and the Special Use Permit will provide an avenue for communicating any special concerns or conditions regarding your use of the area that you have requested. The permit also serves as documentation of our agreement regarding the terms and conditions under which the special use of the park will be approved. When your request is approved a Special Use Permit will be mailed to you for signature. The permit must be returned to the park within 10 business and is not authorized until the park superintendent has signed the permit. Failure to return the permit may result in the cancellation of your event at the park. Before any permit will be granted, consideration will be given to potential park resource impacts, as well as impacts to visitor use, access to park sites, or park administration.

APPLICATION FEES
There is no application fee or fee for a special use permit. However, cost recovery can be charged for activities that require a park service monitor. For commercial filming and still photograph (see exemptions) cost recovery and location fees are mandated and cannot be waived.

EVENT INFORMATION

• Site use is on a first-requested, first-served basis.
• The permit does not allow your event to prohibit other park visitors from using your chosen location nor does it guarantee you a specific site.
• Activities may not interfere with normal visitor use of the Park; therefore, areas will not be closed to public access during the event.
• The ceremony permit does not override current closures. If there are closures due to wildlife, weather, or other causes, please contact our office immediately to revise the permitted location or date. If we know about the closure in advance, we will contact the permit holder.
• Paid photographers must contact our office for additional guidance and requirements.
• All participants associated with a Special Park Use event such as a wedding must observe and comply with all Park regulations.

If you have additional questions regarding special event activities in Big Hole National Battlefield please call the visitor center at 406-689-3155 or email the park