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1 [1] (April 9, 2025)

handle is hein.crs/fmladphy0001 and id is 1 raw text is: Congressional Research Service Inforrning the legislative debate since 1914 Updated April 9, 2025 Filming and Photography on Federal Lands Filmmakers and photographers often seek to use federal lands as locations for their works. National parks, national forests, and other federal lands have served as locations for many well-known films, such as Star Wars, Planet of the Apes, and The Hunger Games. Social media influencers, news organizations, and other small-scale creators also have used these resources as a backdrop for their content. Until recently, federal land management agencies were required by law (P.L. 106-206) to establish permits and fees for filming and still photography on federal lands that were conducted for commercial purposes. In January 2025, Congress enacted the Expanding Public Lands Outdoor Recreation Experiences Act (EXPLORE Act; P.L. 118- 234), provisions of which amend how agencies manage filming and still photography on federal lands. Specifically, the new law limits the scenarios under which agencies may require a permit and/or fee for such purposes and removes the distinction between commercial and noncommercial work. Requirements for Permits and Fees The EXPLORE Act (codified at 16 U.S.C. §4601-6d and 54 U.S.C. §100905) limits the authority of the Secretaries of the Interior and Agriculture (the Secretaries) to require permits or assess fees for filming or still photography on federal lands (see Table 1). For the purposes of the law, federal lands include lands administered by the Bureau of Land Management (BLM), National Park Service (NPS), and U.S. Fish and Wildlife Service (FWS) in the Department of the Interior (DOI) and by the U.S. Forest Service (FS) in the Department of Agriculture (USDA). The EXPLORE Act generally prohibits the Secretaries from requiring a permit or fee for activities that involve fewer than six individuals or that are incidental to, or documenting, other authorized activities (e.g., weddings, sporting events). The law also directs the Secretaries to establish a de minimis use authorization for certain filming and photography activities that involve six to eight individuals. Pursuant to the law, a de minimis use authorization is not considered a permit and the Secretaries are prohibited from charging a fee in issuing such authorizations. Individuals or groups seeking to conduct filming or photography activities on federal lands without a permit or under a de minimis use authorization must meet certain requirements. Among other requirements, filming and photography activities must not * disturb or negatively impact natural or cultural resources or environmental or scenic values, * impede or intrude on the experience of other visitors, * be located in an area or site that is closed to the public c receives a very high volume of visitation, * use set or staging equipment (hand-held equipment is generally allowed), or * be likely to result in additional administrative costs incurred by the relevant agency. For filming and photography activities that do not meet these requirements or that involve more than eight individuals, the Secretaries are authorized-but not required-to issue permits and assess a reasonable fee for such uses (see Fees and Cost Recovery). The EXPLORE Act explicitly prohibits the Secretaries from allowing filming or photography on federal lands in certain scenarios. Such scenarios include ones in which there is a likelihood the activity would cause resource damage (a potentially higher standard than disturb or negatively impact resources), unreasonably disrupt public use and enjoyment of a site, or pose health and safety risks (16 U.S.C. §460l-6d(c) and 54 U.S.C. §100905(c)). Table 1. DOI/USDA Filming and Photography Requirements: Crew Size Number of People Typical Requirement 1-5 people No permit/No fee 6-8 people De minimis use authorization/No fee 9+ people Permit and fee may be required Source: Expanding Public Lands Outdoor Recreation Experiences Act (P.L. 118-234). Notes: Filming and photography activities also must comply with the relevant policies and regulations of the land unit in question, as well as all applicable federal, state, and local laws. These include laws pertaining to the use of unmanned aerial equipment (e.g., drones) and any restrictions on commercial enterprise within wilderness areas, as established in the Wilderness Act (16 U.S.C. §§1131-1136). Fees and Cost Recovery If the Secretaries determine that a permit is required for a given activity, permitting fees may be assessed. Permitting fees must take into account (1) the number of days of filming, (2) the size of the film crew, (3) the amount and type of equipment, and (4) other factors that the Secretaries deem appropriate. The EXPLORE Act also requires fees to provide afair return (undefined in the law) to the United States for the activity. In addition, agencies are required to recover any administrative, personnel, or other costs incurred by the agencies during filming for activities requiring a permit. r Fees and costs collected are to be made available for use by the collecting agencies without further appropriation. )orts.congress.gov https

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