Federal Interior Land Media Act or the FILM Act
This bill rewrites provisions for commercial filming activities or similar projects in National Park System units and on other federal lands.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8258 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8258
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 Agriculture and the Secretary of the Interior, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 2022
Mr. Fulcher introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction 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 Agriculture and the Secretary of the Interior, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Interior Land Media Act'' or
the ``FILM Act''.
SEC. 2. FILMING AND STILL PHOTOGRAPHY WITHIN THE NATIONAL PARK SYSTEM
AND ON OTHER FEDERAL LAND.
(a) Filming in National Park System Units.--
(1) In general.--Chapter 1009 of title 54, United States
Code, is amended by striking section 100905 and inserting the
following:
``Sec. 100905. Filming and still photography in System units
``(a) Filming and Still Photography.--
``(1) In general.--The Secretary shall ensure that a
filming or still photography activity or similar project in a
System unit (referred to in this section as a `filming or still
photography activity') and the authorizing or permitting of a
filming or still photography activity are carried out
consistent with--
``(A) the laws and policies applicable to the
Service; and
``(B) an applicable general management plan.
``(2) No permits required.--The Secretary shall not require
an authorization or a permit or assess a fee, if a fee for a
filming or still photography activity is not otherwise required
by law, for a filming or still photography activity that--
``(A)(i) involves fewer than 6 individuals; and
``(ii) meets each of the requirements described in
paragraph (5); or
``(B) is merely incidental to, or documenting, an
activity or event that is allowed or authorized at the
System unit, regardless of--
``(i) the number of individuals
participating in the allowed or authorized
activity or event; or
``(ii) whether any individual receives
compensation for any products of the filming or
still photography activity.
``(3) Filming and still photography authorizations for de
minimis use.--
``(A) In general.--The Secretary shall establish a
de minimis use authorization for certain filming or
still photography activities that meets the
requirements described in subparagraph (F).
``(B) Policy.--For a filming or still photography
activity that meets the requirements described in
subparagraph (F), the Secretary--
``(i) may require a de minimis use
authorization; and
``(ii) shall not require a permit.
``(C) No fee.--The Secretary shall not charge a fee
for a de minimis use authorization under this
paragraph.
``(D) Access.--The Secretary shall enable members
of the public to apply for and obtain a de minimis use
authorization under this paragraph--
``(i) through the website of the Service;
and
``(ii) in person at the field office of the
applicable System unit.
``(E) Issuances.--The Secretary shall--
``(i) establish a procedure--
``(I) to automate the approval of
an application submitted through the
website of the Service under
subparagraph (D)(i); and
``(II) to issue a de minimis use
authorization under this paragraph
immediately on receipt of an
application that is submitted in person
at the field office of the applicable
System unit under subparagraph (D)(ii);
and
``(ii) if an application submitted under
subparagraph (D) meets the requirements of this
paragraph, immediately on receipt of the
application issue a de minimis use
authorization for the filming or still
photography activity.
``(F) Requirements.--The Secretary shall only issue
a de minimis use authorization under this paragraph if
the filming or still photography activity--
``(i) involves a group of not fewer than 6
individuals and not more than 8 individuals;
``(ii) meets each of the requirements
described in paragraph (5); and
``(iii) is consistent with subsection (c).
``(G) Contents.--A de minimis use authorization
issued under this paragraph shall list the requirements
described in subparagraph (F).
``(4) Required permits.--
``(A) In general.--Except as provided in paragraph
(2)(B), the Secretary may require a permit application
and, if a permit is issued, assess a reasonable fee, as
described in subsection (b)(1), for a filming or still
photography activity that--
``(i) involves more than 8 individuals; or
``(ii) does not meet each of the
requirements described in paragraph (5).
``(B) Wildernesss act clarification.--No provision
of this subsection is intended to or shall be construed
to conflict with the provisions of the Wilderness Act
of 1964 (16 U.S.C. 1131 et seq.).
``(5) Requirements for filming or still photography
activity.--The requirements referred to in paragraphs
(2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) are as follows:
``(A) A person conducts the filming or still
photography activity in a manner that--
``(i) does not impede or intrude on the
experience of other visitors to the applicable
System unit;
``(ii) except as otherwise authorized, does
not disturb or negatively impact--
``(I) a natural or cultural
resource; or
``(II) an environmental or scenic
value; and
``(iii) allows for equitable allocation or
use of facilities of the applicable System
unit.
``(B) The person conducts the filming or still
photography activity at a location in which the public
is allowed.
``(C) The person conducting the filming or still
photography activity does not require the exclusive use
of a site or area.
``(D) The person does not conduct the filming or
still photography activity in a localized area that
receives a very high volume of visitation.
``(E) The person conducting the filming or still
photography activity does not use a set or staging
equipment, subject to the limitation that handheld
equipment (such as a tripod, monopod, and handheld
lighting equipment) shall not be considered staging
equipment for the purposes of this subparagraph.
``(F) The person conducting the filming or still
photography activity complies with and adheres to
visitor use policies, practices, and regulations
applicable to the applicable System unit.
``(G) The filming or still photography activity is
not likely to result in additional administrative costs
being incurred by the Secretary with respect to the
filming or still photography activity, as determined by
the Secretary.
``(H) The person conducting the filming or still
photography activity complies with other applicable
Federal, State, and local laws (including regulations),
including laws relating to the use of unmanned aerial
equipment.
``(6) Content creation.--Regardless of distribution
platform, any video, still photograph, or audio recording for
commercial or noncommercial content creation in a System unit
shall be considered to be a filming or still photography
activity under this subsection.
``(7) Effect.--
``(A) Permits requested though not required.--On
the request of a person intending to carry out a
filming or still photography activity, the Secretary
may issue a permit for the filming or still photography
activity, even if a permit for the filming or still
photography activity is not required under this
section.
``(B) No additional permits, commercial use
authorizations, or fees for filming and still
photography at authorized events.--A filming or still
photography activity at an activity or event that is
allowed or authorized, including a wedding, engagement
party, family reunion, or celebration of a graduate,
shall be considered merely incidental for the purposes
of paragraph (2)(B).
``(C) Monetary compensation.--The receipt of
monetary compensation by the person conducting the
filming or still photography activity shall not affect
the permissibility of the filming or still photography
activity.
``(b) Fees and Recovery Costs.--
``(1) Fees.--The reasonable fees referred to in subsection
(a)(4) shall meet each of the following criteria:
``(A) The reasonable fee shall provide a fair
return to the United States.
``(B) The reasonable fee shall be based on the
following criteria:
``(i) The number of days of the filming or
still photography activity.
``(ii) The size of the film or still
photography crew present in the System unit.
``(iii) The quantity and type of film or
still photography equipment present in the
System unit.
``(iv) Any other factors that the Secretary
determines to be necessary.
``(2) Recovery of costs.--
``(A) In general.--The Secretary shall collect from
the applicant for the applicable permit any costs
incurred by the Secretary related to a filming or still
photography activity subject to a permit under
subsection (a)(4), including--
``(i) the costs of the review or issuance
of the permit; and
``(ii) related administrative and personnel
costs.
``(B) Effect on fees collected.--All costs
recovered under subparagraph (A) shall be in addition
to the fee described in paragraph (1).
``(3) Use of proceeds.--
``(A) Fees.--All fees collected under this section
shall--
``(i) be available for expenditure by the
Secretary, without further appropriation; and
``(ii) remain available until expended.
``(B) Costs.--All costs recovered under paragraph
(2)(A) shall--
``(i) be available for expenditure by the
Secretary, without further appropriation, at
the System unit at which the costs are
collected; and
``(ii) remain available until expended.
``(c) Protection of Resources.--The Secretary shall not allow a
person to undertake a filming or still photography activity if the
Secretary determines that--
``(1) there is a likelihood that the person would cause
resource damage at the System unit, except as otherwise
authorized;
``(2) the person would create an unreasonable disruption of
the use and enjoyment by the public of the System unit; or
``(3) the filming or still photography activity poses a
health or safety risk to the public.
``(d) Processing of Permit Applications.--
``(1) In general.--The Secretary shall establish a process
to ensure that the Secretary responds in a timely manner to an
application for a permit for a filming or still photography
activity required under subsection (a)(4).
``(2) Coordination.--If a permit is required under this
section for 2 or more Federal agencies or System units, the
Secretary and the head of any other applicable Federal agency,
as applicable, shall, to the maximum extent practicable,
coordinate permit processing procedures, including through the
use of identifying a lead agency or lead System unit--
``(A) to review the application for the permit;
``(B) to issue the permit; and
``(C) to collect any required fees.''.
(2) Clerical amendment.--The table of sections for chapter
1009 of title 54, United States Code, is amended by striking
the item relating to section 100905 and inserting the
following:
``100905. Filming and still photography in System units.''.
(b) Filming on Other Federal Land.--Public Law 106-206 (16 U.S.C.
460l-6d) is amended by striking section 1 and inserting the following:
``SECTION 1. FILMING AND STILL PHOTOGRAPHY.
``(a) Filming and Still Photography.--
``(1) In general.--The Secretary concerned shall ensure
that a filming or still photography activity or similar project
at a Federal land management unit (referred to in this section
as a `filming or still photography activity') and the
authorizing or permitting of a filming or still photography
activity are carried out consistent with--
``(A) the laws and policies applicable to the
Secretary concerned; and
``(B) an applicable general management plan.
``(2) No permits required.--The Secretary concerned shall
not require an authorization or a permit or assess a fee, if a
fee for a filming or still photography activity is not
otherwise required by law, for a filming or still photography
activity that--
``(A)(i) involves fewer than 6 individuals; and
``(ii) meets each of the requirements described in
paragraph (5); or
``(B) is merely incidental to, or documenting, an
activity or event that is allowed or authorized at the
Federal land management unit, regardless of--
``(i) the number of individuals
participating in the allowed or authorized
activity or event; or
``(ii) whether any individual receives
compensation for any products of the filming or
still photography activity.
``(3) Filming and still photography authorizations for de
minimis use.--
``(A) In general.--The Secretary concerned shall
establish a de minimis use authorization for certain
filming or still photography activities that meets the
requirements described in subparagraph (F).
``(B) Policy.--For a filming or still photography
activity that meets the requirements described in
subparagraph (F), the Secretary concerned--
``(i) may require a de minimis use
authorization; and
``(ii) shall not require a permit.
``(C) No fee.--The Secretary concerned shall not
charge a fee for a de minimis use authorization under
this paragraph.
``(D) Access.--The Secretary concerned shall enable
members of the public to apply for and obtain a de
minimis use authorization under this paragraph--
``(i) through the website of the Department
of the Interior or the Forest Service, as
applicable; and
``(ii) in person at the field office for
the Federal land management unit.
``(E) Issuances.--The Secretary concerned shall--
``(i) establish a procedure--
``(I) to automate the approval of
an application submitted through the
website of the Department of the
Interior or the Forest Service, as
applicable, under subparagraph (D)(i);
and
``(II) to issue a de minimis use
authorization under this paragraph
immediately on receipt of an
application that is submitted in person
at the field office for the Federal
land management unit under subparagraph
(D)(ii); and
``(ii) if an application submitted under
subparagraph (D) meets the requirements of this
paragraph, immediately on receipt of the
application issue a de minimis use
authorization for the filming or still
photography activity.
``(F) Terms.--The Secretary concerned shall only
issue a de minimis use authorization under this
paragraph if the filming or still photography
activity--
``(i) involves a group of not fewer than 6
individuals and not more than 8 individuals;
``(ii) meets each of the requirements
described in paragraph (5); and
``(iii) is consistent with subsection (c).
``(G) Contents.--A de minimis use authorization
issued under this paragraph shall list the requirements
described in subparagraph (F).
``(4) Required permits.--
``(A) In general.--Except as provided in paragraph
(2)(B), the Secretary concerned may require a permit
application and, if a permit is issued, assess a
reasonable fee, as described in subsection (b)(1), for
a filming or still photography activity that--
``(i) involves more than 8 individuals; or
``(ii) does not meet each of the
requirements described in paragraph (5).
``(B) Wildernesss act clarification.--No provision
of this subsection is intended to or shall be construed
to conflict with the provisions of the Wilderness Act
of 1964 (16 U.S.C. 1131 et seq.).
``(5) Requirements for filming or still photography
activity.--The requirements referred to in paragraphs
(2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) are as follows:
``(A) A person conducts the filming or still
photography activity in a manner that--
``(i) does not impede or intrude on the
experience of other visitors to the Federal
land management unit;
``(ii) except as otherwise authorized, does
not disturb or negatively impact--
``(I) a natural or cultural
resource; or
``(II) an environmental or scenic
value; and
``(iii) allows for equitable allocation or
use of facilities of the Federal land
management unit.
``(B) The person conducts the filming or still
photography activity at a location in which the public
is allowed.
``(C) The person conducting the filming or still
photography activity does not require the exclusive use
of a site or area.
``(D) The person does not conduct the filming or
still photography activity in a localized area that
receives a very high volume of visitation.
``(E) The person conducting the filming or still
photography activity does not use a set or staging
equipment, subject to the limitation that handheld
equipment (such as a tripod, monopod, and handheld
lighting equipment) shall not be considered staging
equipment for the purposes of this subparagraph.
``(F) The person conducting the filming or still
photography activity complies with and adheres to
visitor use policies, practices, and regulations
applicable to the Federal land management unit.
``(G) The filming or still photography activity is
not likely to result in additional administrative costs
being incurred by the Secretary concerned with respect
to the filming or still photography activity, as
determined by the Secretary concerned.
``(H) The person conducting the filming or still
photography activity complies with other applicable
Federal, State, and local laws (including regulations),
including laws relating to the use of unmanned aerial
equipment.
``(6) Content creation.--Regardless of distribution
platform, any video, still photograph, or audio recording for
commercial or noncommercial content creation at a Federal land
management unit shall be considered to be a filming or still
photography activity under this subsection.
``(7) Effect.--
``(A) Permits requested though not required.--On
the request of a person intending to carry out a
filming or still photography activity, the Secretary
concerned may issue a permit for the filming or still
photography activity, even if a permit for the filming
or still photography activity is not required under
this section.
``(B) No additional permits, commercial use
authorizations, or fees for filming and still
photography at authorized events.--A filming or still
photography activity at an activity or event that is
allowed or authorized, including a wedding, engagement
party, family reunion, or celebration of a graduate,
shall be considered merely incidental for the purposes
of paragraph (2)(B).
``(C) Monetary compensation.--The receipt of
monetary compensation by the person engaged in the
filming or still photography activity shall not affect
the permissibility of the filming or still photography
activity.
``(b) Fees and Recovery Costs.--
``(1) Fees.--The reasonable fees referred to in subsection
(a)(4) shall meet each of the following criteria:
``(A) The reasonable fee shall provide a fair
return to the United States.
``(B) The reasonable fee shall be based on the
following criteria:
``(i) The number of days of the filming or
still photography activity.
``(ii) The size of the film or still
photography crew present at the Federal land
management unit.
``(iii) The quantity and type of film or
still photography equipment present at the
Federal land management unit.
``(iv) Any other factors that the Secretary
concerned determines to be necessary.
``(2) Recovery of costs.--
``(A) In general.--The Secretary concerned shall
collect from the applicant for the applicable permit
any costs incurred by the Secretary concerned related
to a filming or still photography activity subject to a
permit under subsection (a)(4), including--
``(i) the costs of the review or issuance
of the permit; and
``(ii) related administrative and personnel
costs.
``(B) Effect on fees collected.--All costs
recovered under subparagraph (A) shall be in addition
to the fee described in paragraph (1).
``(3) Use of proceeds.--
``(A) Fees.--All fees collected under this section
shall--
``(i) be available for expenditure by the
Secretary concerned, without further
appropriation; and
``(ii) remain available until expended.
``(B) Costs.--All costs recovered under paragraph
(2)(A) shall--
``(i) be available for expenditure by the
Secretary concerned, without further
appropriation, at the Federal land management
unit at which the costs are collected; and
``(ii) remain available until expended.
``(c) Protection of Resources.--The Secretary concerned shall not
allow a person to undertake a filming or still photography activity if
the Secretary concerned determines that--
``(1) there is a likelihood that the person would cause
resource damage at the Federal land management unit, except as
otherwise authorized;
``(2) the person would create an unreasonable disruption of
the use and enjoyment by the public of the Federal land
management unit; or
``(3) the filming or still photography activity poses a
health or safety risk to the public.
``(d) Processing of Permit Applications.--
``(1) In general.--The Secretary concerned shall establish
a process to ensure that the Secretary concerned responds in a
timely manner to an application for a permit for a filming or
still photography activity required under subsection (a)(4).
``(2) Coordination.--If a permit is required under this
section for 2 or more Federal agencies or Federal land
management units, the Secretary concerned and the head of any
other applicable Federal agency, as applicable, shall, to the
maximum extent practicable, coordinate permit processing
procedures, including through the use of identifying a lead
agency or lead Federal land management unit--
``(A) to review the application for the permit;
``(B) to issue the permit; and
``(C) to collect any required fees.
``(e) Definitions.--In this section:
``(1) Federal land management unit.--The term `Federal land
management unit' means--
``(A) Federal land (other than National Park System
land) under the jurisdiction of the Secretary of the
Interior; and
``(B) National Forest System land.
``(2) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of the Interior, with respect
to land described in paragraph (1)(A); and
``(B) the Secretary of Agriculture, with respect to
land described in paragraph (1)(B).''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on National Parks, Forests, and Public Lands.
Subcommittee Hearings Held.
Referred to the Subcommittee on Conservation and Forestry.
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