I 
117TH CONGRESS 
2D SESSION 
H. R. 8258 
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 
JULY 1, 2022 
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-
tives of the United States of America in Congress assembled, 
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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: 
‘‘§ 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 pho-
tography 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 as-
sess a fee, if a fee for a filming or still photography 
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activity is not otherwise required by law, for a film-
ing or still photography activity that— 
‘‘(A)(i) involves fewer than 6 individuals; 
and 
‘‘(ii) meets each of the requirements de-
scribed in paragraph (5); or 
‘‘(B) is merely incidental to, or docu-
menting, an activity or event that is allowed or 
authorized at the System unit, regardless of— 
‘‘(i) the number of individuals partici-
pating in the allowed or authorized activity 
or event; or 
‘‘(ii) whether any individual receives 
compensation for any products of the film-
ing or still photography activity. 
‘‘(3) FILMING AND STILL PHOTOGRAPHY AU-
THORIZATIONS 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 sub-
paragraph (F). 
‘‘(B) POLICY.—For a filming or still pho-
tography activity that meets the requirements 
described in subparagraph (F), the Secretary— 
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‘‘(i) may require a de minimis use au-
thorization; 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 para-
graph— 
‘‘(i) through the website of the Serv-
ice; 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 subpara-
graph (D)(i); and 
‘‘(II) to issue a de minimis use 
authorization under this paragraph 
immediately on receipt of an applica-
tion that is submitted in person at the 
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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 pho-
tography activity. 
‘‘(F) 
REQUIREMENTS.—The 
Secretary 
shall only issue a de minimis use authorization 
under this paragraph if the filming or still pho-
tography activity— 
‘‘(i) involves a group of not fewer than 
6 individuals and not more than 8 individ-
uals; 
‘‘(ii) meets each of the requirements 
described in paragraph (5); and 
‘‘(iii) is consistent with subsection (c). 
‘‘(G) CONTENTS.—A de minimis use au-
thorization 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 
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permit application and, if a permit is issued, as-
sess a reasonable fee, as described in subsection 
(b)(1), for a filming or still photography activ-
ity that— 
‘‘(i) involves more than 8 individuals; 
or 
‘‘(ii) does not meet each of the re-
quirements described in paragraph (5). 
‘‘(B) 
WILDERNESSS
ACT
CLARIFICA-
TION.—No provision of this subsection is in-
tended 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 re-
ferred 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 applica-
ble System unit; 
‘‘(ii) except as otherwise authorized, 
does not disturb or negatively impact— 
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‘‘(F) The person conducting the filming or 
still photography activity complies with and ad-
heres to visitor use policies, practices, and regu-
lations applicable to the applicable System unit. 
‘‘(G) The filming or still photography ac-
tivity is not likely to result in additional admin-
istrative 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 (in-
cluding regulations), including laws relating to 
the use of unmanned aerial equipment. 
‘‘(6) CONTENT CREATION.—Regardless of dis-
tribution 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 intend-
ing to carry out a filming or still photography 
activity, the Secretary may issue a permit for 
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the filming or still photography activity, even if 
a permit for the filming or still photography ac-
tivity is not required under this section. 
‘‘(B) NO ADDITIONAL PERMITS, COMMER-
CIAL
USE
AUTHORIZATIONS, OR
FEES
FOR 
FILMING
AND
STILL
PHOTOGRAPHY
AT
AU-
THORIZED EVENTS.—A filming or still photog-
raphy activity at an activity or event that is al-
lowed or authorized, including a wedding, en-
gagement party, family reunion, or celebration 
of a graduate, shall be considered merely inci-
dental for the purposes of paragraph (2)(B). 
‘‘(C) MONETARY COMPENSATION.—The re-
ceipt of monetary compensation by the person 
conducting the filming or still photography ac-
tivity 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: 
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‘‘(i) The number of days of the film-
ing or still photography activity. 
‘‘(ii) The size of the film or still pho-
tography 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 Sec-
retary determines to be necessary. 
‘‘(2) RECOVERY OF COSTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
collect from the applicant for the applicable per-
mit 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 per-
sonnel 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.— 
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‘‘(A) FEES.—All fees collected under this 
section shall— 
‘‘(i) be available for expenditure by 
the Secretary, without further appropria-
tion; 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 appropria-
tion, 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.— 
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‘‘(1) IN GENERAL.—The Secretary shall estab-
lish 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 per-
mit processing procedures, including through the use 
of identifying a lead agency or lead System unit— 
‘‘(A) to review the application for the per-
mit; 
‘‘(B) to issue the permit; and 
‘‘(C) to collect any required fees.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions 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.— 
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‘‘(1) IN
GENERAL.—The Secretary concerned 
shall ensure that a filming or still photography activ-
ity 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 per-
mitting 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 de-
scribed in paragraph (5); or 
‘‘(B) is merely incidental to, or docu-
menting, an activity or event that is allowed or 
authorized at the Federal land management 
unit, regardless of— 
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‘‘(i) involves more than 8 individuals; 
or 
‘‘(ii) does not meet each of the re-
quirements described in paragraph (5). 
‘‘(B) 
WILDERNESSS
ACT
CLARIFICA-
TION.—No provision of this subsection is in-
tended 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 re-
ferred 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 re-
source; or 
‘‘(II) an environmental or scenic 
value; and 
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‘‘(iii) allows for equitable allocation or 
use of facilities of the Federal land man-
agement 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 local-
ized 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 ad-
heres to visitor use policies, practices, and regu-
lations applicable to the Federal land manage-
ment unit. 
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‘‘(G) The filming or still photography ac-
tivity is not likely to result in additional admin-
istrative costs being incurred by the Secretary 
concerned with respect to the filming or still 
photography activity, as determined by the Sec-
retary concerned. 
‘‘(H) The person conducting the filming or 
still photography activity complies with other 
applicable Federal, State, and local laws (in-
cluding regulations), including laws relating to 
the use of unmanned aerial equipment. 
‘‘(6) CONTENT CREATION.—Regardless of dis-
tribution 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 photog-
raphy activity under this subsection. 
‘‘(7) EFFECT.— 
‘‘(A) PERMITS REQUESTED THOUGH NOT 
REQUIRED.—On the request of a person intend-
ing to carry out a filming or still photography 
activity, the Secretary concerned may issue a 
permit for the filming or still photography ac-
tivity, even if a permit for the filming or still 
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photography activity is not required under this 
section. 
‘‘(B) NO ADDITIONAL PERMITS, COMMER-
CIAL
USE
AUTHORIZATIONS, OR
FEES
FOR 
FILMING
AND
STILL
PHOTOGRAPHY
AT
AU-
THORIZED EVENTS.—A filming or still photog-
raphy activity at an activity or event that is al-
lowed or authorized, including a wedding, en-
gagement party, family reunion, or celebration 
of a graduate, shall be considered merely inci-
dental for the purposes of paragraph (2)(B). 
‘‘(C) MONETARY COMPENSATION.—The re-
ceipt of monetary compensation by the person 
engaged in the filming or still photography ac-
tivity 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: 
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‘‘(i) The number of days of the film-
ing or still photography activity. 
‘‘(ii) The size of the film or still pho-
tography 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 Sec-
retary concerned determines to be nec-
essary. 
‘‘(2) RECOVERY OF COSTS.— 
‘‘(A) IN
GENERAL.—The Secretary con-
cerned shall collect from the applicant for the 
applicable permit any costs incurred by the Sec-
retary 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 per-
sonnel costs. 
‘‘(B) EFFECT ON FEES COLLECTED.—All 
costs recovered under subparagraph (A) shall 
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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 manage-
ment 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 de-
termines that— 
‘‘(1) there is a likelihood that the person would 
cause resource damage at the Federal land manage-
ment unit, except as otherwise authorized; 
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