Office of the Secretary, Interior § 5.1
possess knowledge or information per- 5.2 Areas administered by the Bureau of In-
tinent to the agency decision being ap- dian Affairs.
pealed, and if this knowledge or infor- AUTHORITY: R.S. 463, sec. 3, 39 Stat. 535, as
mation is unobtainable elsewhere. amended, sec. 10, 45 Stat. 1224, as amended; 5
(d) An oral presentation shall not U.S.C. 301, 25 U.S.C. 2, 16 U.S.C. 715i.
constitute a judicial proceeding, and no
such judicial proceeding or hearing § 5.1 Areas administered by U.S. Fish
shall be provided for in this appeals and Wildlife Service or National
process. There shall be no requirement Park Service.
for legal briefs, sworn statements, in- (a) Permit required. No picture may be
terrogation under oath, official tran- filmed, and no television production or
scripts of testimony, etc., unless the sound track made on any area adminis-
appeals official determines such are tered by the U.S. Fish and Wildlife
necessary for effective disposition of Service or the National Park Service,
the appeal. of the Department of the Interior, by
any person other than amateur or bona
§ 4.1609 Multiple appeals.
fide newsreel and news television pho-
If two or more appellants submit ap- tographers and soundmen, unless writ-
peals of the same agency decision, ten permission has been obtained from
which are based on the same or similar the Service having jurisdiction over
allegations, the appeals official may, the area. Applications for permission
at his discretion, consider all such ap- should be submitted to the local offi-
peals concurrently and issue a single cial having administrative responsi-
written decision resolving all of the bility for the area involved.
several appeals.
(b) Fees; bonds. (1) No fees will be
§ 4.1610 Decision of the appeals offi- charged for the making of motion pic-
cial. tures, television productions or sound
tracks on areas administered by the
(a) Within 30 calendar days after re-
ceipt of an appeal by the Office of U.S. Fish and Wildlife Service. The reg-
Hearings and Appeals, the appeals offi- ular general admission and other fees
cial shall issue a written decision, ei- currently in effect in any area under
ther affirming or denying the appeal. the jurisdiction of the National Park
This decision shall be final, with no ju- Service are not affected by this para-
dicial review or further avenue of ap- graph.
peal. (2) A bond shall be furnished, or de-
(b) If the appeals official affirms the posit made in cash or by certified
appeal, his decision regarding further check, in an amount to be set by the
action by the agency shall be binding official in charge of the area to insure
upon the agency. full compliance with all of the condi-
(c) If it proves impracticable to issue tions prescribed in paragraph (d)(3) of
a decision within the prescribed 30 cal- this section.
endar days, the appeals official may ex- (c) Approval of application. Permis-
tend this period, notifying all con- sion to make a motion picture, tele-
cerned parties of the anticipated deci- vision production or sound track on
sion date. areas administered by the U.S. Fish
and Wildlife Service or the National
PART 5—MAKING PICTURES, TELE- Park Service will be granted by the
VISION PRODUCTIONS OR head of the Service or his authorized
SOUND TRACKS ON CERTAIN representative in his discretion and on
AREAS UNDER THE JURISDICTION acceptance by the applicant of the con-
OF THE DEPARTMENT OF THE IN- ditions set forth in paragraph (d)(3) of
this section.
TERIOR
(d) Form of application. The following
Sec. form is prescribed for an application
5.1 Areas administered by U.S. Fish and for permission to make a motion pic-
Wildlife Service or National Park Serv- ture, television production, or sound
yshivers on PROD1PC62 with CFR
ice. track on areas administered by the
191
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§ 5.2 43 CFR Subtitle A (10–1–08 Edition)
U.S. Fish and Wildlife Service or the taining permission from the Indian and
National Park Service: of observing any conditions attached to
Date llllllll such permission.
To the head of the llllllllllllll (b) Indian groups and communities.
Service, Department of the Interior llll Anyone who desires to take pictures,
(Area)
including motion pictures, or to make
(1) Permission is requested to make, in the
area mentioned above, a —————————— a television production or a sound
(2) The scope of the filming (or production track of Indian communities, churches,
or recording) and the manner and extent kivas, plazas, or ceremonies performed
thereof will be as follows in such places, must obtain prior per-
Weather conditions permitting, work will mission from the proper officials of the
commence on approximately lllll and place or community. Limitations
will be completed on approximately ———— which such officials may impose must
llllllllllllllllllllllll
llllllllllllllllllllllll be scrupulously observed.
(An additional sheet should be used if nec- (c) Use of Indian lands. If the filming
essary.) of pictures or the making of television
(3) The undersigned accepts and will com- productions or sound tracks requires
ply with the following conditions: the actual use of Indian lands, a lease
(i) Utmost care will be exercised to see or permit must be obtained pursuant to
that no natural features are injured, and 25 CFR part 131.
after completion of the work the area will,
(d) Employment of Indians. Any mo-
as required by the official in charge, either
be cleaned up and restored to its prior condi- tion picture or television producer who
tion or left, after clean-up, in a condition obtains a lease or permit for the use of
satisfactory to the official in charge. Indian land pursuant to 25 CFR part 131
(ii) Credit will be given to the Department shall be expected to pay a fair and rea-
of the Interior and the Service involved sonable wage to any Indians employed
through the use of an appropriate title or an- in connection with the production ac-
nouncement, unless there is issued by the of- tivities.
ficial in charge of the area a written state-
ment that no such courtesy credit is desired. [22 FR 1987, Mar. 26, 1957]
(iii) Pictures will be taken of wildlife only
when such wildlife will be shown in its nat- PART 6—PATENT REGULATIONS
ural state or under approved management
conditions if such wildlife is confined.
(iv) [Reserved] Subpart A—Inventions by Employees
(v) Any special instructions received from Sec.
the official in charge of the area will be com- 6.1 Definitions.
plied with. 6.2 Report of invention.
(vi) Any additional information relating to 6.3 Action by supervisory officials.
the privilege applied for by this application 6.4 Action by Solicitor.
will be furnished upon request of the official 6.5 Rights in inventions.
in charge. 6.6 Appeals by employees.
llllllllllllllllll 6.7 Domestic patent protection.
(Applicant) 6.8 Foreign filing.
Forlllllllllllll 6.9 Publication and public use of invention
(Company) before patent application is filed.
Bond Requirement $ llllllllllll 6.10 Publicity concerning the invention
Approved: llllllllllllll after patent application is filed.
(Date) 6.11 Condition of employment.
llllllllllllllllll
(Title) Subpart B—Licenses
[22 FR 1987, Mar. 26, 1957, as amended at 36
6.51 Purpose.
FR 2972, Feb. 13, 1971; 71 FR 19129, Apr. 13,
6.52 Patents.
2006]
6.53 Unpatented inventions.
6.54 Use or manufacture by or for the Gov-
§ 5.2 Areas administered by the Bu-
ernment.
reau of Indian Affairs.
6.55 Terms of licenses or sublicenses.
(a) Individual Indians. Anyone who 6.56 Issuance of licenses.
desires to go on the land of an Indian 6.57 Evaluation Committee.
to make pictures, television produc- AUTHORITY: 5 U.S.C. 301; sec. 2, Reorganiza-
tions or sound tracks is expected to ob- tion Plan No. 3 of 1950, 15 FR 3174; E.O. 10096,
yshivers on PROD1PC62 with CFR
serve the ordinary courtesy of first ob- 15 FR 389; and E.O. 10930, 26 FR 2583.
192
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