delete PART 5—COMMERCIAL FILMING AND SIMILAR PROJECTS AND STILL PHOTOGRAPHY ON CERTAIN AREAS UNDER DEPARTMENT JURISDICTION
This regulation establishes a permit system for commercial filming and still photography on federal lands managed by the National Park Service, Bureau of Land Management, and U.S. Fish and Wildlife Service. It requires permits for all commercial filming and for still photography that uses models/sets/props or when the agency determines necessary due to location or management costs. News gathering is exempt from permit requirements and fees. The regulation outlines denial grounds, imposes permit conditions, requires liability insurance and bonds, and charges location fees plus cost recovery.
The permit system creates a prior restraint on economic activity, imposing significant compliance costs, processing delays, and uncertainty—disproportionately burdening small independent producers. Discretionary approval invites regulatory capture and arbitrary enforcement. Identical legitimate goals (resource protection, safety, visitor experience) are achievable through less restrictive means: strict liability for damages, insurance requirements, and simple notification systems. The fee structure incentivizes agencies to expand their regulatory reach while stifling commercial creative activity on public lands.