NPS Photo Colorado National MonumentJanuary 2024Designations, Closures, Permit Requirements, and other Restrictions and/or Specifications Imposed Under the Discretionary Authority of the Superintendent, Title 36, Code of Federal Regulations, Chapter 1.Under the authority of 54 USC 100751, and Title 36, Code of Federal Regulations (CFR), Chapter 1, Parts 1 to 7, this Compendium of Regulations is established for Colorado National Monument. The regulations listed in this compendium are a requirement in addition to those listed in Parts 1 to 7 of Title 36 unless otherwise noted. The specific authority for this regulatory authority procedure is found in Sections 1.5, 1.6, and 1.7 of Title 36. In addition to these regulations, the following are also provided:
Approved by: /s/ Nathan Souder, Superintendent, June 12, 2024 IntroductionThe 2024 Colorado National Monument Compendium of Regulations lists the special designations, closures, permit requirements, public use limits, and other restrictions made at the Superintendent's discretion. The compendium is updated annually and augments what is contained in Title 36 of the Code of Federal Regulations (CFR) and other applicable federal statutes and regulations. Each section (§) references the applicable part of the CFR, followed by the line where the authority comes from. The CFR is available online at E-CFR. 36 CFR §1.4 - DEFINITIONSThe following definitions shall apply in this compendium, unless modified by the definitions for a specific part or regulation:Developed Area – means roads, parking areas, picnic areas, campgrounds, or other structures, facilities or land located within development and historic zones depicted on park area land management and use map. Service Animals – are defined in Title 28 CFR 36.104 as any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Service animals are not subject to the park's pet policies and, when accompanying an individual with a disability, they are allowed wherever visitors are allowed. Unmanned aircraft – is defined as 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. E-bike - the term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.). 36 CFR §1.5 - CLOSURES AND PUBLIC USE LIMITSTemporary Road ClosuresAll monument roads are subject to temporary closures as indicated by signs or other means of notification during periods of adverse weather, natural disaster, emergency, other public safety concerns, or implementation of management responsibilities.Determination: Temporary road closures will reduce hazardous driving conditions and increase safety for visitors and employees. Temporary Closures of Visitor Use AreasClosures of visitor use areas (campsites, trails, overlooks, interpretive stops along auto tours, etc.) may occur when necessary by posting appropriate signs to mitigate resource impacts with overuse, misuse, environmental, or health and safety issues.Determination: These closures may be required for resource or visitor protection. Examples of this type of closure include social trail closures for re-vegetation, building closure due to safety issues, campground or trail closures due to wildlife concerns, closure of a trail due to rock fall hazards, etc. Service and Administrative RoadsThe following administrative roads are closed except for conducting official government business:
Invited guests of employees residing in government housing and office space may access the administrative road in the housing area. The administrative road leading to the East Shop is open to those participating in First Amendment activities in the designated public assembly area, or overflow parking. Determination: Restricting access to administrative roads improves security of government resources and facilities and privacy to employees and residents. Off-Highway Vehicles (ATVs, UTVs)The use of all-terrain vehicles (ATVs), off highway vehicles (OHVs), utility terrainvehicles (UTVs), motorized vessels and any other type of motorized conveyancemanufactured for recreational, non-highway, off-road or all terrain travel, includingthose licensed by a state for street use, within monument boundaries is prohibited. The prohibition includes any vehicles defined by Colorado Revised Statute 33-14.5-101.Determination: The public use of ATVs/UTVs/OHVs and other motorized conveyancesmanufactured for recreational, non-highway, off road, or all terrain travel withinmonument boundaries poses a significant risk to visitor safety, park resources and valueswhich cannot be appropriately mitigated and which cannot be sustained without causingunacceptable impacts. Remote Controlled VehiclesTeleoperated operated vehicles, commonly referred to remote-control vehicles, are not allowed within the boundaries of Colorado National Monument on trails or roads except as approved in writing by the National Park Service.Determination: This closure is necessary to maintain public health and safety and toprotect park resources. These include, but are not limited to, the protection of wildlife mating, breeding, nesting, and feeding activities; scenic values; and soundscapes. Less restrictive measures will not suffice as 13,842 acres of the monument is managed as wilderness, and any operation would have an adverse impact on the wilderness character without written authorization in place from the National Park Service to ensure safety precautions and resource protection needs are adequately met. Roadways and trails within Colorado National Monument are often narrow with steep drop offs and limited site lines. The operation teleoperated vehicles negatively impact the safety of trail and road users. Road-Based EventsFor road-based events, the Superintendent may authorize partial or full temporary road and/or parking area closures.Determination: These closures are enacted to support the safety of event participants and other park visitors. These closures follow criteria set forth in. Ticketed Special EventsFor ticketed special events in the amphitheater, the permit will authorize a temporary closure of the Saddlehorn Parking Area to only event ticket holders.Determination: This closure is made due to safety concerns created due to limited non-roadside parking. Without guaranteed event parking, ticket holders could result to parking on shoulderless road without pedestrian or ADA compliant access to amphitheater. TunnelsExcept for administrative activities, all road culverts, tunnels, and immediate approaches to tunnel portals are closed to pedestrians.Determination: These closures are intended to prevent people from entering unsafe, unlit, and flood-prone areas of confined space that have historically provided cover for illegal activities. Unmanned AircraftLaunching, landing, or operating an unmanned aircraft from or on lands and watersadministered by the National Park Service within the boundaries of Colorado NationalMonument is prohibited except as approved in writing by the National Park Service.Determination: This closure is necessary to maintain public health and safety and toprotect park resources. These include, but are not limited to, the protection of wildlife mating, breeding, nesting, and feeding activities; scenic values; and soundscapes. Less restrictive measures will not suffice as 13,842 acres of the monument is managed as wilderness, and any operation would have an adverse impact on the wilderness character without written authorization in place from the National Park Service to ensure safety precautions and resource protection needs are adequately met. General Use Limits, Conditions, and RestrictionsBarring emergencies, or unless permitted through a Special Use Permit or other prior approval, the following areas shall be closed 30 minutes after sunset to 30 minutes before sunrise:
Commercial Diesel VehiclesDrivers of commercial passenger-carrying diesel-fueled motor vehicles are prohibited from idling their engines at overlooks and parking with the following exemptions:
Recreational Water ActivitiesThe following areas are closed to swimming or other water disturbances:
Water FiltrationWater filtering is prohibited within Colorado National Monument.Determination: Limited water sources need to be conserved for wildlife. The presence of selenium within some sources also presents a potential danger if consumed. Recreational Climbing ActivitiesClimbing is allowed in Colorado National Monument; however, the following areas and exposures are closed to recreational rock climbing:
The following restrictions also apply to all recreational climbing activities within Colorado National Monument:
Group CampingThe following restrictions and conditions apply to group camping at Colorado National Monument:
36 CFR §1.6 - PERMITSThe following activities require a permit in Colorado National Monument:
Determination: Permit systems authorized and issued pursuant to specific regulations in this chapter, except in section 1.5, need not be supported by a written determination unless required by the specific authorizing regulation. 36 CFR §2.1 - PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL FEATURESGathering of edible plants within the monument, including piñon nuts, is prohibited.Determination: Reductions in piñon nuts could adversely impact plan propagation and wildlife food sources. Drought or environmental conditions may create further restrictions. Fruiting bodies of edible mushrooms (fungi) are not fruits, berries, or nuts, and therefore collection cannot be authorized by the Superintendent. 36 CFR §2.2 - WILDLIFE PROTECTIONThe use of bugles, varmint calls, audio attractants, or other artificial or natural means of attracting or disturbing wildlife (including rattling antlers, coyote, turkey and sage grouse calls, or verbal bugling or howling imitations) is prohibited.Determination: Intentional disturbing of wildlife may adversely affect wildlife behavior (e.g., breeding and mating rituals, feeding habits, travel patterns/routes) possibly causing stressful and/or disruptive conditions for wildlife. Colorado National Monument is mandated to protect and preserve healthy and natural wildlife populations. Using calls can cause wildlife to leave foraging and mating areas and attract them to roads where they are more likely to become injured or killed. They may also become unnatural prey if artificially attracted out of cover. Wildlife taken lawfully outside the legislative jurisdiction of the Monument may be transported non-stop through the Monument under the following conditions:
The monument is closed to viewing wildlife with any artificial light, which includes and is not limited to spotlights and vehicle headlights directed beyond those areas covered in normal highway driving. Determination: The viewing of wildlife at night with the use of artificial lights temporarily blinds animals, which causes them to become unnatural prey for natural predators. Spotlighting animals is an associated behavior with illegal poaching. Hunters must contact the monument immediately if they wound an animal legally outside the monument boundary and it enters the monument. This can be done by calling the Visitor Center and asking to speak to a monument Law Enforcement ranger, or by calling 911. Determination: Law Enforcement park rangers are authorized to check kill sites to ensure the animal was legally taken outside the boundary of the monument before game is retrieved. 36 CFR §2.5 – RESEARCH SPECIMENSTaking of plants, wildlife or wildlife parts, fish, wildlife, rocks, or minerals is prohibited except pursuant to the terms and conditions of a specimen collection permit available from the Chief of Resource Management or designee.Determination: Unrestricted collection of these resources contributes to damaging impacts to sensitive natural areas, as well as altering the natural setting for other park visitors. Permits ensure that individuals have the appropriate training and experience to collect specimens while minimizing damage. 36 CFR §2.10 - CAMPING AND FOOD STORAGEWith the exception of backcountry camping as defined below, all camping at Colorado National Monument will be limited to the Saddlehorn campground, and the following rules apply:
Backcountry CampingBackcountry camping is defined as any primitive campsite located ¼ mile or more from any road or developed facility and 100 feet or more from any trail or water source. Backcountry campers should seek a sufficiently remote location where they can neither be seen nor heard. The following rules apply to backcountry camping:
Determination: The purpose of these closures is to maintain the integrity of roadside vistas and facilities developed for special uses, to disperse backcountry use beyond the confines of narrow roadway or trail corridors, to promote camper privacy and reduce the potential for conflicts between backcountry and other visitors, to prevent non-compliance in designated fee camping areas, to protect resource values and to discourage camping in areas subject to flash flooding. 36 CFR §2.11 - PICNICKINGPicnicking by the public is allowed throughout much of the monument and is encouraged in the Saddlehorn and Devils Kitchen Picnic Areas. Picnicking is prohibited in the Saddlehorn Campground, in the amphitheater, in comfort stations, in the visitor center, in maintenance areas, and in staff residential or office areas unless authorized by a special use permit.A permit is optional for a picnic gathering of fifteen people or less, but it will guarantee the permittee the picnic location. For picnic gatherings of sixteen or more, a permit is required. Determination: These prohibitions are intended to prevent conflicts arising from the use or occupancy in designed fee area campsites by non-camping, day-use visitors, to discourage the preparation or consumption of food in public buildings or areas devoted to special management functions, and to ensure the reasonable rights-of-privacy of employees whose duties require that they reside in the monument. 36 CFR §2.12 – AUDIO DISTURBANCESViolation of the terms and conditions of a permit issued in accordance with section is prohibited and may result in the suspension or revocation of the permit. Music accompanying a permitted event is limited to a single device. Any music or amplification used will be played at a volume which cannot be heard outside of the permitted location.36 CFR §2.13 - FIRESWood fires are prohibited in all areas of the monument. Charcoal fires are permitted in the grills provided in the Saddlehorn Complex and at the Devils Kitchen Picnic Area. Properly shielded gas or liquid-fueled portable camp stoves are allowed. Self-contained gas fireplaces are allowed if they are contained in a portable fire pan.A monument-wide fire ban may be extended at any time at the direction of the park Superintendent or their designee. Public notification of such circumstances will be communicated through posted signs at entrance locations, and through public announcements and press releases. Determination: The prohibition of wood fires is intended to discourage the cutting, gathering, and burning of natural vegetation; and to reduce the potential for human-caused wildfire. 36 CFR §2.15 - PETSDogs, cats and other pets (excluding service animals accompanying persons with disabilities and/or pack animals) are not permitted on any unpaved trails or in the backcountry, even if the animals are physically restrained. Please reference §2.10 Camping and Food Storage for information specific to pets in the campground.
Pet owners or responsible persons shall promptly collect and properly dispose of pet fecal matter in residential and public use areas. Fecal material should be collected in a plastic bag and disposed of in a garbage can. It is strictly prohibited to abandon or release any pet or other animal into Colorado National Monument. Determination: These prohibitions are intended to prevent the inadvertent harassment or injury to wildlife, to protect individuals from the aggressive behavior of other visitors' pets and to shield the pets themselves from injury or loss. Pets in confined buildings or crowded special events present additional concerns for visitor safety, sanitary health, pet welfare, and other nuisances or inconveniences to visitors and staff. 36 CFR §2.16 - HORSES AND PACK ANIMALSHorses, mules, llamas, alpacas, and burros are designated as pack animals.The use of horses and pack animals – defined exclusively as horses, mules, llamas, alpacas and burros – is limited to the following areas within Colorado National Monument:
Cross-country use above the Precambrian bench is prohibited in order to reduce adverse impacts from grazing, soil and vegetation disturbances from hooves, and introduction of exotic plants through animal waste. Natural ecosystems are compromised by the spread of exotic plan species when seeds are deposited through animal feces. As with other grazing animals, horses often indiscriminately feed on native vegetation. It is also unknown how these animals affect the behavioral patterns of natural predators or other wildlife. 36 CFR §2.20 – WINTER ACTIVITIESWinter activities including cross-country skiing, snowshoeing, sledding and similar activities are prohibited on Rim Rock Drive, except in cases when the Superintendent or their designee specifically authorizes the use.Determination: These activities would conflict with the safe flow of traffic and snow removal operations, which usually occur within 12 hours of each winter weather event. 36 CFR §2.21 - SMOKINGSmoking is prohibited in all public use and administrative buildings and facilities, as well as within 25 feet of a public building entrance. This includes smoking in the oil house, chlorinator room, in lift stations, and within ten feet of any fuel source or propane tank.Except in enclosed personally-owned vehicles, smoking is prohibited during temporary conditions of extreme fire danger. Visitors and employees will be notified of these circumstances though multiple avenues. Determination: It is NPS policy that public use and administrative facilities be smoke-free. There are no designated employee smoking areas within NPS facilities. During dry periods when national weather standards define conditions as “Red Flag” in nature, existing extreme danger for wildland fires mandates that heightened fire preventative measures be taken. 36 CFR §2.22 - PROPERTYVehicles or other personal property may be left unattended overnight when associated with a valid backcountry camping permit. Such vehicles and property must be removed prior to expiration of the permit. The National Park Service will not be held responsible for loss of property due to theft or accident.Determination: Persons camping in the monument may need to leave a vehicle or other property at a trailhead, parking area, or similar location for longer than the length of backcountry camping permit. This order is required to authorize such activities. 36 CFR §2.35 – ALCOHOLIC BEVERAGESThe consumption of alcoholic beverages is prohibited along the Rim Rock Drive road corridor, including all pull-outs and overlooks. The consumption of alcoholic beverages is prohibited at all trailheads and on all trails. Alcoholic beverages are allowed in the Saddlehorn Campground and Picnic Area, backcountry campsites, Devils Kitchen Picnic Area, staff living quarters, and during special events or occasions granted by the Superintendent or their designee.Determination: These restrictions discourage irresponsible or unsafe drinking behaviors while still allowing for legal, responsible use of alcoholic beverages. 36 CFR §2.50 – SPECIAL EVENTSMost special events, including weddings and group gatherings, require a special use permit. Although the special use permit allows the event to occur, it does not prohibit public access to the event or event location. A permit will be denied if it unreasonably interferes with ongoing NPS park programming, presents a clear and present danger to public health and safety, negatively prevents or limits access for visitors or causes injury or damage to park resources. There must be a meaningful association between the event and the monument which contributes to visitor understanding of the park significance. The following terms apply to special events:
36 CFR §2.51 - PUBLIC ASSEMBLIESDemonstrations involving twenty-six or more individuals must have a permit issued by the Superintendent or their designee, through the Special Park Use office. The following areas (also designated on Appendix A 1) are open to public assemblies, meetings, gatherings, or demonstrations protected under the First Amendment by groups involving 25 or fewer persons without a permit:
Determination: This action is necessary to comply with 36 CFR 2.51, which requires National Park Service sites to provide a map showing locations available for public assembly activities. The areas provided should not unreasonably interfere with visitor services and should provide adequate public recognition for any public assembly activity. 36 CFR §2.52 – SALE OR DISTRIBUTION OF PRINTED MATTERPrinted matter is limited to message-bearing textual material such as books, pamphlets, magazines, and leaflets, provided that it is not solely commercial advertising. Distribution involving twenty-six or more individuals must have a permit issued by the Superintendent, through the Chief Ranger. The following areas (also designated on Appendix A) are open to the sale or distribution of printed matter protected under the First Amendment by groups involving 25 or fewer persons without a permit:
Determination: These areas provide for First Amendment activities that are visible to the public while allowing for other visitor activities to proceed without disruption. 36 CFR §2.62 – MEMORIALIZATIONThe scatter of human ashes from cremation is prohibited except pursuant to the terms and conditions of a permit, or in designated areas according to conditions which may be established by the Superintendent.For ash scattering services larger than ten people or that requires a reserved space, a permit is required and the regular permit fee may be assessed. For spaces requiring reservation and groups under ten people, the permit is free. All undeveloped areas are open to the scattering of human ashes from cremation, pursuant to conditions of a special use permit issued by the Superintendent, with the exception of archeological sites, streams and standing pools of water. The scattering of ashes will be discreet and not made near or in the presence of park visitors. Determination: The resource concerns for this type of activity are minimal. Such activity can occur without undue negative impacts to the resources of the area. 36 CFR §4.11 – LOAD, WEIGHT, AND SIZE LIMITSThe transportation of hay (defined here as any vegetation or plant material not native or grown from within the monument’s boundaries) will be allowed under the following conditions:
NPS rangers are bound by law to enforce state and local traffic laws which include regulations on height, weight, and size limits of vehicles using public roadways. Improperly loaded hay on vehicles can pose serious safety hazards. As most of these vehicles are traveling to and from Glade Park, it is desirable that for the safety and convenience of others, all hay trucks will use the east hill public right-of-way as stipulated in 1986 Wilkinson v. US Department of Interior. 36 CFR §4.22 – UNSAFE OPERATIONMotor vehicles shall always display headlights while in tunnels.Determination: This requirement ensures that motorists have sufficient illumination in the tunnels, even during daylight hours, to discern hazards or obstructions on the roadway, to render reflective centerline and edge-of-pavement delineators, and to make themselves visible to others. 36 CFR §4.10 - VEHICLES AND TRAFFIC SAFETYElectronic Personal Assistive Mobility Device (EPAMD), motorized scooters and similar devices, as defined under 36 CFR 1.4 are motor vehicles. The monument has imposed a restriction on the use of EPAMDs, motorized scooters and similar devices from all park areas including roads, sidewalks and trails.However, any visitor or employee with a disability is permitted to use an EPAMD, motorized scooter, motorized wheelchair or similar device in park buildings and developed areas, such as campgrounds and parking lots, when the sole purpose for use of the device is mobility assistance. For safety reasons, EPAMDs, motorized scooters and similar devices may not be used on any unpaved park road or trail, with the exception of the ADA-accessible Alcove Nature Trail. Individuals with disabilities who operate one of the above-described devices must operate the device in a safe and responsible manner so as not to endanger one’s self or other park visitors. The maximum speed for such devices is 8 mph. The operator of an assistive mobility device will have the same rights applicable to a pedestrian under the same circumstances, except the operator must yield to other pedestrians. Wheelchairs (either manual or motorized) are not considered motor vehicles or mechanized vehicles and are allowed on park trails, although this is not recommended. Determination: The monument wishes to provide as much access as possible to visitors with disabilities while maintaining an environment that is safe for all visitors and protects monument resources. 36 CFR §4.30 – BICYCLES AND E-BIKESBicycle and e-bike use within Colorado National Monument is permitted only on routes open to public motor vehicle use. They are prohibited on administrative roads and all trails. Monument staff are authorized to use bicycles on administrative roads approved by the Superintendent or their designee. 
NPS Photo APPENDIX A - VISITOR CENTER PUBLIC ASSEMBLY AREAVisitor Center Public Assembly AreaThe Colorado National Monument Visitor Center Public Assembly Area image on the right.
NPS Photo APPENDIX B - EAST ENTRANCE PUBLIC ASSEMBLY AREAEast Entrance Public Assembly Area AAfter entering the park, turn left into the overflow parking area. Do not obstruct traffic. Occasionally this gate may be closed for administrative purposes. In that event, proceed to Public Assembly Area B, the Devil's Kitchen Picnic Area.
NPS Photo East Entrance Public Assembly Area BAfter entering the park, proceed approximately 1/4 mile and turn right into the Devil's Kitchen Picnic Area. Do not obstruct traffic. Do not obstruct restroom or picnic area access.
NPS Photo APPENDIX C - WHITE ROCKS NIGHT-TIME CLOSURE AREAWhite Rocks Night-Time Closure Area LocationThis closure order applies to the area immediately around the White Rocks formation and archaeological site, as delineated in the image on the right.APPENDIX D – COMMERCIAL FILMING AND STILL PHOTOGRAPHY REGULATIONSAuthority: 5 U.S.C. 301; 16 U.S.C. 1-3, 3a, 668dd-ee, 715i, 460l-6d; 25 U.S.C. 2; 31 U.S.C. 9701; 43 U.S.C. 1701, 1732-1734, 1740.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. News-gathering activities involving filming, videography, or still photography do not require a permit unless: (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. All permits issued under this section will include only terms and conditions necessary to maintain order, ensure the safety of the public and the media, and protect natural and cultural resources. (c) Exemptions. A permit issued for news-gathering activities is not subject to location fees or cost recovery charges. §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. In accepting a permit, you agree to be fully liable for any damage or injury incurred in connection with the permitted activity, and to indemnify and hold harmless the United States of America as a result of your actions. We may require you to obtain property damage, personal injury, commercial liability or public liability insurance in an amount sufficient to protect the United States from liability or other claims arising from activities under the permit. The insurance policy must name the United States of America as an additional insured. (b) Bond. You are responsible for all response, repair and restoration if your activity causes damage to an area. We may also require you to provide a bond or other security sufficient to secure any obligations you may have under the permit and applicable laws and regulations, including the cost of repair, reclamation, or restoration of the area. The amount of the bond or security must be in an amount sufficient to provide full payment for the costs of response and restoration, reclamation, or rehabilitation of the lands in the event that you fail to adequately repair, reclaim, or restore the area as directed by the agency. If the amount of the bond or other security is inadequate to cover cost of the repair, reclamation, or restoration of the damaged lands or resources you will also be responsible for the additional amount. §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. (1) For commercial filming and still photography permits, we will require a reasonable location fee that provides a fair return to the United States. (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 inparagraph (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 and also make available on the internet and at agency field offices. The location fee does not include any cost recovery. (b) Cost recovery. You must reimburse us for actual costs incurred in processing your request and administering your permit. We will base cost recovery charges upon our direct and indirect expenses including, but not limited to, administrative costs for application processing, preproduction meetings and other activities, on-site monitoring of permitted activities, and any site restoration. §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., and assigned the following OMB clearance numbers: 1024-0026 for the National Park Service, 1004-0009 for the Bureau of Land Management and 1018-0102 for the Fish and Wildlife Service. This information is being collected to provide land managers data necessary to issue permits for commercial filming or still photography permits on Federal lands. This information will be used to grant administrative benefits. The obligation to respond is required in order to obtain a benefit. You may send comments on this information collection requirement to the Departmental Information Collection Clearance Officer, U.S. Department of the Interior, 1849 C Street NW., MS3530, Washington, DC 20240. §5.12 How are terms defined in this subpart? The following definitions apply to this subpart: Agency, we, our, or us means the National Park Service, the Bureau of Land Management, and the U.S. Fish and Wildlife Service, as appropriate. 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. Cost recovery means the money that an agency collects as reimbursement for actual costs it incurred to permit a particular activity, including but not limited to, accepting and processing a permit application and monitoring the permitted commercial filming or still photography activity. Location fee means a land or facility use fee similar to rent that provides a fair return to the United States for the use of Federal lands or facilities when used for: (1) Commercial filming activities or similar projects; and (2) Still photography activities where a permit is required. 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. News means information that is about current events or that would be of current interest to the public, gathered by news-media entities for dissemination to the public. Examples of news-media entities include, but are not limited to, television or radio stations broadcasting to the general public and publishers of periodicals (but only if such entities qualify as disseminators of “news”) who make their products available for purchase by or subscription by or free distribution to the general public. (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 means filming, videography, and still photography activities carried out by a representative of the news media. Permit means a written authorization to engage in uses or activities that are otherwise prohibited or restricted. Representative of the news media means any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. Resource damage means harm to the land or its natural or cultural resources that cannot reasonably be mitigated or reclaimed. Sets and props means items constructed or placed on agency lands to facilitate commercial filming or still photography including, but not limited to, backdrops, generators, microphones,stages, lighting banks, camera tracks, vehicles specifically designed to accommodate camera or recording equipment, rope and pulley systems, and rigging for climbers and structures. Sets and props also include trained animals and inanimate objects, such as camping equipment, campfires, wagons, and so forth, when used to stage a specific scene. The use of a camera on a tripod, without the use of any other equipment, is not considered a prop. Still photography means the capturing of a still image on film or in a digital format. Videography means the process of capturing moving images on electronic media, e.g., video tape, hard disk or solid state storage.
Authority: 54 U.S.C 102701(a); NPS Management Policies (2006, Chapter 8.3.1); Reference Manual 9 (Chapter 26) |
Last updated: August 3, 2024