[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>