C.F.R. » Title 43 » PART 5—COMMERCIAL FILMING AND SIMILAR PROJECTS AND STILL PHOTOGRAPHY ON CERTAIN AREAS UNDER DEPARTMENT JURISDICTION › Subpart A—Areas Administered by the National Park Service, the Bureau of Land Management, and the U.S. Fish and Wildlife Service

43 C.F.R. § 5.8

What expenses will I incur?

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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 in paragraph (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.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2022 · leading case: Gordon Price v. Merrick Garland, 45 F.4th 1059 (D.C. Cir. 2022).
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Gordon Price v. Merrick Garland, 45 F.4th 1059 (D.C. Cir. 2022). “§ 100905 (b); see 43 C.F.R. § 5.8 (“[T]he location fee is in addition to any cost recovery.”
Price v. Barr (D.D.C. 2021). “In accordance therewith, the DOI’s implementing regulations require a stand-alone “location fee” for commercial filming, assessed in addition to a payment to cover any administrative costs incurred.”
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