45.1c—Evaluation of Proposals
45.1c—Evaluation of Proposals
A special use permit may be issued (when required by sections 45.1a and 45.2a) to authorize the use of National Forest System lands for still photography or commercial filming when the proposed activity:
1. Meets the screening criteria in 36 CFR 251.54(e);
2. Would not cause unacceptable resource damage;
3. Would not unreasonably disrupt the public's use and enjoyment of the site where the activity would occur;
4. Would not pose a public health and safety risk; and
5. Meets the following additional criteria, if the proposed activity, other than noncommercial still photography (36 CFR 251.51), would be in a congressionally designated wilderness area:
5a. Has a primary objective of dissemination of information about the use and enjoyment of wilderness or its ecological, geological, or other features of scientific, educational, scenic, or historical value (16 U.S.C. 1131(a) and (b));
5b. Would preserve the wilderness character of the area proposed for use, for example, would leave it untrammeled, natural, and undeveloped and would preserve opportunities for solitude or a primitive and unconfined type of recreation (16 U.S.C. 1131(a));
5c. Is wilderness-dependent, for example, a location within a wilderness area is identified for the proposed activity and there are no suitable locations outside of a wilderness area (16 U.S.C. 1133(d)(6));
5d. Would not involve use of a motor vehicle, motorboat, or motorized equipment, including landing of aircraft, unless authorized by the enabling legislation for the wilderness area (36 CFR 261.18(a) and ©);
5e. Would not involve the use of mechanical transport, such as a hang glider or bicycle, unless authorized by the enabling legislation for the wilderness area (36 CFR 261.18(b));
5f. Would not violate any applicable order (36 CFR 261.57); and
5g. Would not advertise any product or service (16 U.S.C. 1133©).
from what i have read about it, it seems as if the target is to prevent damage and to ensure that everyone can enjoy the park systems... but i do agree that the proposed regulation is vague and can be potentially limiting to the public's use.
although, if a studio were filming at an nfs site, i'd like to imagine they'd be paying more than $1,500 for a permit... to me, $1,500,000 seems more appropriate... and then fine them up the ass for littering and damaging delicate ecological systems.
besides... a little extra funding for the forestry service might be a good thing since their budget is constantly cut to ensure funding for the war on terror/drugs/whatever hot ticket topic is applicable this week/etc.
