Summary
# H.R. 1576: Federal Interior Land Media Act (FILM Act)
## WHAT THIS BILL DOES
This bill removes permit and fee requirements for people who create videos, photos, or audio recordings on federal land managed by the Department of Agriculture and the Department of Interior. The bill allows small groups to film, photograph, or record without getting permission first, as long as they follow certain rules about not damaging resources or disrupting other visitors.
## WHO IT AFFECTS
- Content creators (photographers, videographers, podcasters, social media creators)
- People filming weddings, family events, or celebrations on federal land
- Federal land management agencies (National Park Service, Forest Service, Bureau of Land Management)
- The general public visiting federal lands
## KEY PROVISIONS
- People with fewer than 6 individuals do not need a permit or fee if they follow conduct requirements (Sec. 2(a), section 100905(a)(2))
- People with 6 to 8 individuals can get a free "de minimis use authorization" (a simple approval) instead of a full permit, if they meet conduct requirements. Agencies must approve these automatically through websites or immediately at field offices (Sec. 2(a), section 100905(a)(3))
- Filming at allowed events like weddings or family reunions never needs a permit or fee, regardless of group size or whether people get paid (Sec. 2(a), section 100905(a)(2)(B) and (7)(B))
- Groups with more than 8 individuals may need a permit and reasonable fee based on number of days, crew size, equipment type, and other factors (Sec. 2(a), section 100905(a)(4))
- Agencies can deny filming if they determine it will cause resource damage, create unreasonable public disruption, or pose health or safety risks (Sec. 2(a), section 100905(c))
## WHAT CHANGES
Currently, most filming on federal land requires permits and fees regardless of group size or activity type. Under this law:
- Small groups (under 6 people) filming, photographing, or recording can do so freely without any permit application
- Groups of 6 to 8 people get automatic free approvals through a simplified process instead of traditional permits
- People making money from their content (like social media creators) can do so without paying fees if they meet the size and conduct requirements
- Large groups (more than 8 people) and activities that don't meet the conduct standards still need permits and must pay reasonable fees
- Agencies must process permit applications promptly and coordinate across multiple agencies when needed
## IMPORTANT DEFINITIONS
**Federal land management unit**: Federal land managed by the Secretary of Interior (except National Parks) or National Forest System land managed by the Secretary of Agriculture (Sec. 2(b), section 1(e)(1))
**Secretary concerned**: The Secretary of Interior for Interior-managed land or the Secretary of Agriculture for Forest Service land (Sec. 2(b), section 1(e)(2))
**Filming or still photography activity**: Any video, still photograph, or audio recording for commercial or noncommercial content creation, regardless of where it is shared (Sec. 2(a), section 100905(a)(6))
## EFFECTIVE DATE
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1576
To provide exceptions from permitting and fee requirements for content cre-
ation, regardless of distribution platform, including still photography,
digital or analog video, and digital or analog audio recording activities,
conducted on land under the jurisdiction of the Secretary of Agriculture
and the Secretary of the Interior, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 14, 2023
Mr. FULCHER introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committee on Agri-
culture, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To provide exceptions from permitting and fee requirements
for content creation, regardless of distribution platform,
including still photography, digital or analog video, and
digital or analog audio recording activities, conducted
on land under the jurisdiction of the Secretary of Agri-
culture and the Secretary of the Interior, and for other
purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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β’HR 1576 IH
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ββFederal Interior Land
2
Media Actββ or the ββFILM Actββ.
3
SEC. 2. FILMING AND STILL PHOTOGRAPHY WITHIN THE
4
NATIONAL PARK SYSTEM AND ON OTHER
5
FEDERAL LAND.
6
(a) FILMING IN NATIONAL PARK SYSTEM UNITS.β
7
(1) IN GENERAL.βChapter 1009 of title 54,
8
United States Code, is amended by striking section
9
100905 and inserting the following:
10
ββΒ§ 100905. Filming and still photography in System
11
units
12
ββ(a) FILMING AND STILL PHOTOGRAPHY.β
13
ββ(1) IN GENERAL.βThe Secretary shall ensure
14
that a filming or still photography activity or similar
15
project in a System unit (referred to in this section
16
as a βfilming or still photography activityβ) and the
17
authorizing or permitting of a filming or still pho-
18
tography activity are carried out consistent withβ
19
ββ(A) the laws and policies applicable to the
20
Service; and
21
ββ(B) an applicable general management
22
plan.
23
ββ(2) NO PERMITS REQUIRED.βThe Secretary
24
shall not require an authorization or a permit or as-
25
sess a fee, if a fee for a filming or still photography
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β’HR 1576 IH
activity is not otherwise required by law, for a film-
1
ing or still photography activity thatβ
2
ββ(A)(i) involves fewer than 6 individuals;
3
and
4
ββ(ii) meets each of the requirements de-
5
scribed in paragraph (5); or
6
ββ(B) is merely incidental to, or docu-
7
menting, an activity or event that is allowed or
8
authorized at the System unit, regardless ofβ
9
ββ(i) the number of individuals partici-
10
pating in the allowed or authorized activity
11
or event; or
12
ββ(ii) whether any individual receives
13
compensation for any products of the film-
14
ing or still photography activity.
15
ββ(3) FILMING AND STILL PHOTOGRAPHY AU-
16
THORIZATIONS FOR DE MINIMIS USE.β
17
ββ(A) IN
GENERAL.βThe Secretary shall
18
establish a de minimis use authorization for
19
certain filming or still photography activities
20
that meets the requirements described in sub-
21
paragraph (F).
22
ββ(B) POLICY.βFor a filming or still pho-
23
tography activity that meets the requirements
24
described in subparagraph (F), the Secretaryβ
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β’HR 1576 IH
ββ(i) may require a de minimis use au-
1
thorization; and
2
ββ(ii) shall not require a permit.
3
ββ(C) NO
FEE.βThe Secretary shall not
4
charge a fee for a de minimis use authorization
5
under this paragraph.
6
ββ(D) ACCESS.βThe Secretary shall enable
7
members of the public to apply for and obtain
8
a de minimis use authorization under this para-
9
graphβ
10
ββ(i) through the website of the Serv-
11
ice; and
12
ββ(ii) in person at the field office of
13
the applicable System unit.
14
ββ(E) ISSUANCES.βThe Secretary shallβ
15
ββ(i) establish a procedureβ
16
ββ(I) to automate the approval of
17
an application submitted through the
18
website of the Service under subpara-
19
graph (D)(i); and
20
ββ(II) to issue a de minimis use
21
authorization under this paragraph
22
immediately on receipt of an applica-
23
tion that is submitted in person at the
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β’HR 1576 IH
field office of the applicable System
1
unit under subparagraph (D)(ii); and
2
ββ(ii) if an application submitted under
3
subparagraph (D) meets the requirements
4
of this paragraph, immediately on receipt
5
of the application issue a de minimis use
6
authorization for the filming or still pho-
7
tography activity.
8
ββ(F)
REQUIREMENTS.βThe
Secretary
9
shall only issue a de minimis use authorization
10
under this paragraph if the filming or still pho-
11
tography activityβ
12
ββ(i) involves a group of not fewer than
13
6 individuals and not more than 8 individ-
14
uals;
15
ββ(ii) meets each of the requirements
16
described in paragraph (5); and
17
ββ(iii) is consistent with subsection (c).
18
ββ(G) CONTENTS.βA de minimis use au-
19
thorization issued under this paragraph shall
20
list the requirements described in subparagraph
21
(F).
22
ββ(4) REQUIRED PERMITS.β
23
ββ(A) IN GENERAL.βExcept as provided in
24
paragraph (2)(B), the Secretary may require a
25
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β’HR 1576 IH
permit application and, if a permit is issued, as-
1
sess a reasonable fee, as described in subsection
2
(b)(1), for a filming or still photography activ-
3
ity thatβ
4
ββ(i) involves more than 8 individuals;
5
or
6
ββ(ii) does not meet each of the re-
7
quirements described in paragraph (5).
8
ββ(B)
WILDERNESSS
ACT
CLARIFICA-
9
TION.βNo provision of this subsection is in-
10
tended to or shall be construed to conflict with
11
the provisions of the Wilderness Act of 1964
12
(16 U.S.C. 1131 et seq.).
13
ββ(5) REQUIREMENTS FOR FILMING OR STILL
14
PHOTOGRAPHY
ACTIVITY.βThe requirements re-
15
ferred to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B),
16
and (7)(C) are as follows:
17
ββ(A) A person conducts the filming or still
18
photography activity in a manner thatβ
19
ββ(i) does not impede or intrude on the
20
experience of other visitors to the applica-
21
ble System unit;
22
ββ(ii) except as otherwise authorized,
23
does not disturb or negatively impactβ
24
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β’HR 1576 IH
ββ(I) a natural or cultural re-
1
source; or
2
ββ(II) an environmental or scenic
3
value; and
4
ββ(iii) allows for equitable allocation or
5
use of facilities of the applicable System
6
unit.
7
ββ(B) The person conducts the filming or
8
still photography activity at a location in which
9
the public is allowed.
10
ββ(C) The person conducting the filming or
11
still photography activity does not require the
12
exclusive use of a site or area.
13
ββ(D) The person does not conduct the
14
filming or still photography activity in a local-
15
ized area that receives a very high volume of
16
visitation.
17
ββ(E) The person conducting the filming or
18
still photography activity does not use a set or
19
staging equipment, subject to the limitation
20
that handheld equipment (such as a tripod,
21
monopod, and handheld lighting equipment)
22
shall not be considered staging equipment for
23
the purposes of this subparagraph.
24
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β’HR 1576 IH
ββ(F) The person conducting the filming or
1
still photography activity complies with and ad-
2
heres to visitor use policies, practices, and regu-
3
lations applicable to the applicable System unit.
4
ββ(G) The filming or still photography ac-
5
tivity is not likely to result in additional admin-
6
istrative costs being incurred by the Secretary
7
with respect to the filming or still photography
8
activity, as determined by the Secretary.
9
ββ(H) The person conducting the filming or
10
still photography activity complies with other
11
applicable Federal, State, and local laws (in-
12
cluding regulations), including laws relating to
13
the use of unmanned aerial equipment.
14
ββ(6) CONTENT CREATION.βRegardless of dis-
15
tribution platform, any video, still photograph, or
16
audio recording for commercial or noncommercial
17
content creation in a System unit shall be considered
18
to be a filming or still photography activity under
19
this subsection.
20
ββ(7) EFFECT.β
21
ββ(A) PERMITS REQUESTED THOUGH NOT
22
REQUIRED.βOn the request of a person intend-
23
ing to carry out a filming or still photography
24
activity, the Secretary may issue a permit for
25
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β’HR 1576 IH
the filming or still photography activity, even if
1
a permit for the filming or still photography ac-
2
tivity is not required under this section.
3
ββ(B) NO ADDITIONAL PERMITS, COMMER-
4
CIAL
USE
AUTHORIZATIONS, OR
FEES
FOR
5
FILMING
AND
STILL
PHOTOGRAPHY
AT
AU-
6
THORIZED EVENTS.βA filming or still photog-
7
raphy activity at an activity or event that is al-
8
lowed or authorized, including a wedding, en-
9
gagement party, family reunion, or celebration
10
of a graduate, shall be considered merely inci-
11
dental for the purposes of paragraph (2)(B).
12
ββ(C) MONETARY COMPENSATION.βThe re-
13
ceipt of monetary compensation by the person
14
conducting the filming or still photography ac-
15
tivity shall not affect the permissibility of the
16
filming or still photography activity.
17
ββ(b) FEES AND RECOVERY COSTS.β
18
ββ(1) FEES.βThe reasonable fees referred to in
19
subsection (a)(4) shall meet each of the following
20
criteria:
21
ββ(A) The reasonable fee shall provide a
22
fair return to the United States.
23
ββ(B) The reasonable fee shall be based on
24
the following criteria:
25
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β’HR 1576 IH
ββ(i) The number of days of the film-
1
ing or still photography activity.
2
ββ(ii) The size of the film or still pho-
3
tography crew present in the System unit.
4
ββ(iii) The quantity and type of film or
5
still photography equipment present in the
6
System unit.
7
ββ(iv) Any other factors that the Sec-
8
retary determines to be necessary.
9
ββ(2) RECOVERY OF COSTS.β
10
ββ(A) IN
GENERAL.βThe Secretary shall
11
collect from the applicant for the applicable per-
12
mit any costs incurred by the Secretary related
13
to a filming or still photography activity subject
14
to a permit under subsection (a)(4), includingβ
15
ββ(i) the costs of the review or issuance
16
of the permit; and
17
ββ(ii) related administrative and per-
18
sonnel costs.
19
ββ(B) EFFECT ON FEES COLLECTED.βAll
20
costs recovered under subparagraph (A) shall
21
be in addition to the fee described in paragraph
22
(1).
23
ββ(3) USE OF PROCEEDS.β
24
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ββ(A) FEES.βAll fees collected under this
1
section shallβ
2
ββ(i) be available for expenditure by
3
the Secretary, without further appropria-
4
tion; and
5
ββ(ii) remain available until expended.
6
ββ(B) COSTS.βAll costs recovered under
7
paragraph (2)(A) shallβ
8
ββ(i) be available for expenditure by
9
the Secretary, without further appropria-
10
tion, at the System unit at which the costs
11
are collected; and
12
ββ(ii) remain available until expended.
13
ββ(c) PROTECTION OF RESOURCES.βThe Secretary
14
shall not allow a person to undertake a filming or still
15
photography activity if the Secretary determines thatβ
16
ββ(1) there is a likelihood that the person would
17
cause resource damage at the System unit, except as
18
otherwise authorized;
19
ββ(2) the person would create an unreasonable
20
disruption of the use and enjoyment by the public of
21
the System unit; or
22
ββ(3) the filming or still photography activity
23
poses a health or safety risk to the public.
24
ββ(d) PROCESSING OF PERMIT APPLICATIONS.β
25
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β’HR 1576 IH
ββ(1) IN GENERAL.βThe Secretary shall estab-
1
lish a process to ensure that the Secretary responds
2
in a timely manner to an application for a permit for
3
a filming or still photography activity required under
4
subsection (a)(4).
5
ββ(2) COORDINATION.βIf a permit is required
6
under this section for 2 or more Federal agencies or
7
System units, the Secretary and the head of any
8
other applicable Federal agency, as applicable, shall,
9
to the maximum extent practicable, coordinate per-
10
mit processing procedures, including through the use
11
of identifying a lead agency or lead System unitβ
12
ββ(A) to review the application for the per-
13
mit;
14
ββ(B) to issue the permit; and
15
ββ(C) to collect any required fees.ββ.
16
(2) CLERICAL AMENDMENT.βThe table of sec-
17
tions for chapter 1009 of title 54, United States
18
Code, is amended by striking the item relating to
19
section 100905 and inserting the following:
20
ββ100905. Filming and still photography in System units.ββ.
(b) FILMING ON OTHER FEDERAL LAND.βPublic
21
Law 106β206 (16 U.S.C. 460lβ6d) is amended by striking
22
section 1 and inserting the following:
23
ββSEC. 1. FILMING AND STILL PHOTOGRAPHY.
24
ββ(a) FILMING AND STILL PHOTOGRAPHY.β
25
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β’HR 1576 IH
ββ(1) IN
GENERAL.βThe Secretary concerned
1
shall ensure that a filming or still photography activ-
2
ity or similar project at a Federal land management
3
unit (referred to i
[Text truncated for display. Full text available on Congress.gov.]