10D TULE-VRP
Closure Order # 21-002
February 22, 2021
Closures, restrictions and public use limits:
Restrictions and Public Use Limits: Under the authority provided to the Superintendent in 36 CFR 1.5, filming activities within Tule Lake National Monument will be managed in accordance with the following, effective immediately, until further notice:
- The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:
- Outdoor filming activities involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras.
- The organizer of any other type of filming activity must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit if necessary, to:
- maintain public health and safety;
- protect environmental or scenic values;
- protect natural or cultural resources;
- allow for equitable allocation and use of facilities; or
- avoid conflict among visitor use activities.
- 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.
- The following are prohibited:
1. Engaging in a filming activity without providing advance notice to the Superintendent when required.
2. Engaging in a filming activity without a permit if the Superintendent has notified the organizer in writing that a permit is required.
3. Violating a term or condition of a permit issued under this action.
Violating a term or condition of a permit issued under this action may also result in the suspension and revocation of the permit by the Superintendent.
Authority: 36 CFR 1.5
Notice: This administrative order applies to all individuals subject to the regulatory authority of the National Park Service (NPS) within the boundaries of Tule Lake National Monument, including park visitors, government employees, concession employees, park residents and stakeholders.
Finding: The NPS issues this administrative order for the purposes of outlining how the park will manage all filming activities (commercial and non-commercial) following the court’s decision in Price v. Barr. As recognized in Price, the NPS has a legal obligation to protect the resources within the National Park System and to provide for visitor enjoyment of the same. The authority in 36 CFR 1.5 (a) (2) allows superintendents to restrict filming activities, whether they are commercial or not, by requiring a permit for activities that pose a threat to park resources, values, or the visitor experience. Imposing a permit requirement on filming activities will only be done when necessary to address the NPS’s substantial interest in protecting park resources and the visitor experience.
This order is effective immediately and will remain in effect until further notice.
