The National Park Service Organic Act of 1916 created the Park Service to promote and regulate the use of national parks, monuments, and reservations with the purpose of conserving the scenery, natural and historic objects, and wildlife therein and to leave them “unimpaired” for the enjoyment of future generations. The 1970 National Park System General Authorities Act, as amended in 1978, prohibits the service from allowing any activities that would cause derogation of the values and purposes for which the parks have been established. The combination of these two laws forms the basis of a mandate for Park Service managers to actively manage all park uses in a manner that protects park resources and values. Today, the Park Service comprises 388 units covering around 84 million acres in 49 states, the District of Columbia, American Samoa, Guam, Puerto Rico, Saipan, and the Virgin Islands. Figure 1 shows a map of the Park Service regions. National Parks are home to many unique and beautiful landscapes and open spaces that are venues for a variety of special event activities such as cultural programs, festivals, wedding ceremonies, and athletic events, as well as commercial filming and still photography. These special uses generally provide a benefit to an individual, group, or organization rather than the public at large. In order to protect park resources and the public interest, a special uses permit must be obtained from Park Service superintendents for these activities. Special uses permits regulate the amount, kind, time, and place of the proposed activity. The Park Service issues special uses permits for several different types of activities, including the two types we reviewed (1) special events, and (2) commercial filming and still photography. Special events permits are issued for a wide range of activities, including sports, pageants, celebrations, historical re-enactments, exhibitions, parades, fairs, and festivals. Commercial filming and still photography permits are issued for such activities as major motion picture filming, commercials, and magazine photo shoots. The Park Service has specific statutory authority to recover costs associated with special uses permits and to retain the funds recovered. The Park Service has guidance in place to collect costs associated with special event permits, including costs for commercial filming and still photography. In addition, it has been required by law to collect costs and location fees associated with filming activities for almost five years. The Park Service developed specific policy guidance for issuing permits and recovering costs for special park uses. This guidance includes detailed permitting criteria for special events and for commercial filming and still photography. Park Service superintendents are required to follow the established policy guidance, including numerous cost recovery requirements, when issuing permits. The cost recovery guidance generally requires the park units to recover costs associated with the permitted activity from the permittee. The Park Service has developed extensive policy guidance that park unit superintendents are to follow when issuing any Park Service special uses permits. In this regard, the superintendent at each park unit is responsible for reviewing, approving, and monitoring permitted activities and for assuring that such activities are consistent with the Park Service’s purpose: “to conserve scenery, natural and historic objects, and wildlife, and to provide for the enjoyment of the public while maintaining the natural and cultural resources and values of the national park system unimpaired for future generations.” The policy guidance also gives the superintendent discretion by directing that permits include “the terms and conditions that the superintendent deems necessary to protect park resources or public safety.” Permits establish conditions for the approved activity, such as location, date, time, and estimated number of participants. Special events within park units must meet basic criteria before a permit is issued, and Park Service policy guidance gives superintendents discretion when approving permits. The basic criteria for issuing a permit include that (1) there is a meaningful association between the park area and the event and (2) the event will contribute to visitor understanding of the significance of the park area. However, the determination of what is a “meaningful association” is generally left to the superintendent’s discretion. Some special event activities may be appropriate within certain park unit settings but not appropriate within others. For example, while the permitting of a rock concert in an urban park setting may be appropriate, the permitting of a rock concert at certain historical sites such as battlefields or cemeteries may not be appropriate. Also, in order to protect the park resources and the public’s health and safety, the policy guidance for special events provides strict limitations on certain uses, such as fireworks displays and the sale of food in the parks. Existing Park Service policies provide the superintendent with considerable discretion to determine the appropriateness of proposed advertisements. In 2003, the NFL kickoff event caused considerable controversy about the size, scale, scope, and location of advertising allowed during the event. In 2004, Congress passed legislation designed to strengthen and clarify commercial signage restrictions for the National Mall. This new legislation expressly prohibited the expenditure of funds in fiscal year 2004 for special uses permits on the National Mall unless the Park Service prohibited “the erection, placement, or use of structures and signs bearing commercial advertising.” However, discrete recognition of program sponsors was authorized. As a result, the Park Service has drafted additional policy guidance, applicable to all park units, pertaining to the use of signage recognizing program sponsors that will restrict the size, scale, scope, and location of corporate logos and other lettering. In general, the Park Service encourages filming and photography “when it will promote the protection and public enjoyment of park resources,” provided that the activity meets basic criteria, such as the activity will not cause unacceptable impacts to park resources. More specifically, the policy guidance outlines when a permit is and is not required. For example, a permit is required if the permitted activity involves the use of a model, set, or prop—such as a model holding a product for an advertisement photograph. However, no permit is required for visitors using a camera or recording device for their own personal use within normal visitation areas and hours. Some specific exceptions are included in the policy guidance— for example, a permit is never required for press coverage of breaking news. Also, superintendents, at their discretion, may grant the permittee access to a closed area of the park or permit the activity after normal visiting hours. Regardless of the specific type of commercial filming or still photography activity, the conditions specified in the permit must be followed. Park Service policy guidance generally requires park units to recover costs associated with managing special park uses, including special event and commercial filming and still photography activities, unless cost recovery is prohibited by law or otherwise exempted. This policy guidance is in line with federal law requiring recovery of costs for filming activities and Office of Management and Budget (OMB) Circular A-25, which established guidelines for federal agencies to assess fees for government services and for the sale or use of government property or resources. The OMB Circular states, “When a service (or privilege) provides special benefits to an identifiable recipient beyond those that accrue to the general public, a charge will be imposed (to recover the full cost to the Federal Government for providing the special benefit, or the market price).” The circular also states that “user charges will be sufficient to recover the full cost to the Federal Government,” and it defines full cost as all direct and indirect costs—including personnel, physical overhead, and depreciation of structures and equipment—associated with providing a good, resource, or service. As authorized by law and under the policy guidance, these recovered costs are retained at the units issuing the permits to defray the costs of administering and monitoring the permits. The Park Service’s 2001 Management Policies document, which provides the service’s most current overall policies, states that “all costs incurred by the Service in writing the permit, monitoring, providing protection services, restoring park areas, or otherwise supporting a special park use will be reimbursed by the permittee.” Park Service policy guidance further states that “appropriate fees for cost recovery, as well as performance bond and liability insurance requirements, will be imposed, consistent with applicable statutory authorities and regulations,” and directs that “when appropriate, the Service will also include a fair charge for the use of the land or facility.” Consequently, each permit should stipulate that these costs must be reimbursed by the permittee. Recoverable costs are those costs directly attributable to the use or necessary for the safe completion of the special park use. For example, the policy states that recoverable costs include the time charged by a park ranger to visit the site of the event, such as a festival held on park grounds, to monitor that the terms and conditions of the permit are met. Additionally, the requirement includes recovering costs for equipment and facility use as well as restoration of any damage to park resources as a result of the event. Park Service policy guidance also outlines the conditions under which charges for special uses may be waived. According to the policy guidance, exemptions from charges for special uses may be appropriate when the incremental costs of collecting the charges would be an unduly large part of the receipts from the activity; the furnishing of the service without charge is an appropriate courtesy to a foreign government or international organization, or comparable fees are set on a reciprocal basis with a foreign country; the permittee is a state, local, or federal government agency or a tribal the superintendent determines that the use will promote the mission of the Park Service or promote public safety, health, or welfare. Exemptions from charges are appropriate when a charge is prohibited by legislation or executive order; or the requested use involves exercise of a right pertaining to water, property, minerals, access, Native American religious practices, or the rights guaranteed by the First Amendment to the Constitution, including freedom of assembly, speech, religion, and the press. Through their special uses permit system, Park Service superintendents also manage requests for public assembly for the exercise of First Amendment rights, including freedom of assembly, speech, religion, and the press.