NANPA Clarifies Proposed Regulations for Photographing on Federal Land
NANPA
has been following the progress of proposed Interior Department regulations under
Public Law 106-206 following the House Natural Resources Committee hearing held
on the issue in December. NANPA's President, Kathy Adams Clark, had an email exchange
with Lee Dickinson, Special Parks Uses Program Manager for the National Parks
Service. That exchange is included below for your information and clarification.
Q: Is the
proposed rule's intent to standardize procedures and the collection of fees for
Department of Interior (DOI) agencies?
A: The intent is to provide uniform
criteria where a permit will probably be needed. Since the Federal lands are so
different, there are occasions where one agency might require a permit when another
would not. One example that is cited frequently is wedding photography. On most
BLM land a permit would not be needed. But at the Lincoln Memorial, a national
park unit here in DC, a permit would be needed to try to avoid conflict between
our many visitors and other permitted activities such as marathons, walk-a-thons,
rallies and demonstrations. Location fees would be uniform between the agencies,
based on a location fee schedule that is still being developed. Location fees
only apply if a permit is needed. The more people associated with the photography
activity and the more days the activity uses Federal lands, the higher the location
fee. Cost recovery would be based on the actual cost to the agency of processing
and monitoring the activity.
Q:
Will the criteria that trigger a photography permit change?
A: If a person
is using models, sets, or props, requesting special access, etc., they would need
a permit. The law and the subsequent regulation really just uses the criteria
that were included in Secretary Lujan's memo back in the early 1990s. Again, most
photographers should not need a permit.
Q:
Will this rule in any way affect the amateur photographer entering DOI land and
photographing for their own enjoyment?
A: It does not matter whether the individual
considers themselves a talented amateur or a professional. If they enter the park,
remain in areas open to the public and do not use models, sets or props, they
will not need a permit. Additionally, there are sometimes restrictions that apply
to all photographers. For example, in a historic building managed by the National
Park Service, we frequently don't allow tripods, since the space is limited and
the tripod presents a trip hazard to others. That's not a restriction on professional
photographers, but photographers in general. If a person wanted to use a tripod
in this situation, they would probably need to apply for a permit and shoot their
shot before or after public hours so as not to interfere with other visitors.
Q: Would this rule
affect a professional photographer entering DOI land and photographing if they
were not using models, props, sets, requesting special access, etc.? For example,
if someone shot photographs from a car or on trails in a wildlife refuge for possible
use in an upcoming book.
A: Same answer as above. If a photographer is a visitor
to a park, they don't need a permit. A permit is required when special circumstances
kick in, such as models, sets or props, or requesting access to a closed area.
If you wanted to get a picture of the sun rising over the dunes at White Sands
National Memorial, a photographer would need a permit, because the park does not
open until 8 am.
Q:
Would this rule affect a professional photographer shooting a story for a magazine
if they were not using models, props, sets, requesting special access, etc.?
A:
Same answer as above.
Q:
Did the proposed rule pass?
A: The regulation that appeared in the Federal
Register was a draft regulation open for public comment. The job now is to take
the public comments received and discuss them, either incorporating the suggested
changes into the draft, or drafting a response to the comment explaining why the
comment was not adopted. We received about 50 comments. The process will take
at least six months, and involve folks from three agencies and the Department
of the Interior.