Title: FILM Act
Policy area: Public Lands and Natural Resources

Summary:
Federal Interior Land Media Act or the FILM Act
This bill bars requiring a permit or assessing a fee for certain commercial or noncommercial photography or content creation on lands administered by the Departments of the Interior or Agriculture. The content creation must meet specified requirements, such as taking place in an area where the public is allowed and not intruding on the experience of others. The departments may not require advance notification for the content creation.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1616 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1616

To provide exceptions from permitting and fee requirements for content 
  creation, regardless of distribution platform, including 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2021

 Mr. Barrasso introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide exceptions from permitting and fee requirements for content 
  creation, regardless of distribution platform, including 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.

    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. EXCEPTIONS FOR PERMITTING AND FEE REQUIREMENTS FOR CERTAIN 
              CONTENT CREATION, REGARDLESS OF DISTRIBUTION PLATFORM, 
              INCLUDING 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.

    (a) National Park System Land.--Section 100905 of title 54, United 
States Code, is amended--
            (1) in subsection (c)(1), in the first sentence, by 
        inserting ``commercial or non-commercial'' before ``still 
        photography'';
            (2) by redesignating subsections (d) through (f) as 
        subsections (e) through (g), respectively;
            (3) by inserting after subsection (c) the following:
    ``(d) Content Creation, Regardless of Distribution Platform, 
Including Digital or Analog Video and Digital or Analog Audio Recording 
Activities.--
            ``(1) In general.--Except as provided in paragraph (3), the 
        Secretary shall not require a permit or assess a fee or charge 
        for any commercial or noncommercial content creation, 
        regardless of distribution platform, including digital or 
        analog video and digital or analog audio recording activity, in 
        a System unit (referred to in this subsection as a `covered 
        activity'), if the covered activity--
                    ``(A) takes place at a location in which the public 
                is allowed;
                    ``(B) complies with and adheres to visitor use 
                policies, practices, and regulations applicable to the 
                applicable System unit;
                    ``(C) is conducted in a manner that does not--
                            ``(i) impede or intrude on the experience 
                        of other visitors to the applicable System 
                        unit; or
                            ``(ii) disturb other resource values and 
                        wildlife;
                    ``(D) does not require the exclusive use of a site 
                or area;
                    ``(E) complies with other applicable Federal, 
                State, and local laws (including regulations), such as 
                laws relating to the use of unmanned aerial equipment; 
                and
                    ``(F) is conducted by--
                            ``(i) an individual; or
                            ``(ii) a group of not more than 10 
                        individuals.
            ``(2) Advance notification not required.--The Secretary 
        shall not require advance notification for the conduct of a 
        covered activity under paragraph (1).
            ``(3) Exceptions.--Notwithstanding paragraph (1), the 
        Secretary may require a permit, assess a fee or charge, or 
        both, for the conduct of a covered activity, if--
                    ``(A) the covered activity takes place at a 
                location in which members of the public are generally 
                not allowed;
                    ``(B) additional administrative costs are likely to 
                be incurred by the Secretary with respect to the 
                covered activity;
                    ``(C) the covered activity is being conducted in a 
                localized area that receives very high volume 
                visitation;
                    ``(D) the covered activity requires the use of a 
                set or staging equipment; or
                    ``(E) the covered activity is being conducted by a 
                group of 11 or more individuals.
            ``(4) Voluntary permit applications.--Notwithstanding 
        paragraph (1), an individual or small group of individuals 
        conducting a covered activity that meets the requirements of 
        that paragraph may elect to apply for a permit for the covered 
        activity for any reason, including to benefit from any 
        assurances provided by the permit.'';
            (4) in subsection (e) (as so redesignated), in the matter 
        preceding paragraph (1), by inserting ``, a covered activity 
        described in subsection (d),'' after ``still photography''; and
            (5) in subsection (g) (as so redesignated)--
                    (A) by striking ``The Secretary shall'' and 
                inserting the following:
            ``(1) In general.--The Secretary shall''; and
                    (B) by adding at the end the following:
            ``(2) Coordination.--
                    ``(A) In general.--If a permit is required for an 
                activity under this section and 1 or more additional 
                Federal agencies or jurisdictional units are involved 
                in the permitting of the activity, the Secretary and 
                the head of the Federal agency or jurisdictional unit 
                shall, to the maximum extent practicable, coordinate 
                permit processing procedures.
                    ``(B) Identification of lead permit agency 
                contact.--To maximize the efficient and coordinated 
                processing of permits under this section in which more 
                than 1 Federal agency or jurisdictional unit is 
                involved in the permitting of the activity, the 
                Secretary and the heads of any other applicable Federal 
                agencies shall consider, to the maximum extent 
                practicable, identifying a lead contact or office to 
                process and coordinate applicable permits and fees.''.
    (b) Other Land Under the Jurisdiction of the Secretary of 
Agriculture and the Secretary of the Interior.--Section 1 of Public Law 
106-206 (16 U.S.C. 460l-6d) is amended--
            (1) in subsection (c)(1), in the first sentence, by 
        inserting ``commercial or non-commercial'' before ``still 
        photography'';
            (2) by redesignating subsections (d) through (f) as 
        subsections (e) through (g), respectively;
            (3) by inserting after subsection (c) the following:
    ``(d) Content Creation, Regardless of Distribution Platform, 
Including Digital or Analog Video and Digital or Analog Audio Recording 
Activities.--
            ``(1) In general.--Except as provided in paragraph (3), the 
        Secretary shall not require a permit or assess a fee or charge 
        for any commercial or noncommercial content creation, 
        regardless of distribution platform, including digital or 
        analog video and digital or analog audio recording activity, on 
        land administered by the Secretary (referred to in this 
        subsection as a `covered activity'), if the covered activity--
                    ``(A) takes place at a location in which the public 
                is allowed;
                    ``(B) complies with and adheres to visitor use 
                policies, practices, and regulations applicable to the 
                applicable land administered by the Secretary;
                    ``(C) is conducted in a manner that does not--
                            ``(i) impede or intrude on the experience 
                        of other visitors to the applicable land 
                        administered by the Secretary; or
                            ``(ii) disturb other resource values and 
                        wildlife;
                    ``(D) does not require the exclusive use of a site 
                or area;
                    ``(E) complies with other applicable Federal, 
                State, and local laws (including regulations), such as 
                laws relating to the use of unmanned aerial equipment; 
                and
                    ``(F) is conducted by--
                            ``(i) an individual; or
                            ``(ii) a group of not more than 10 
                        individuals.
            ``(2) Advance notification not required.--The Secretary 
        shall not require advance notification for the conduct of a 
        covered activity under paragraph (1).
            ``(3) Exceptions.--Notwithstanding paragraph (1), the 
        Secretary may require a permit, assess a fee or charge, or 
        both, for the conduct of a covered activity, if--
                    ``(A) the covered activity takes place at a 
                location in which members of the public are generally 
                not allowed;
                    ``(B) additional administrative costs are likely to 
                be incurred by the Secretary with respect to the 
                covered activity;
                    ``(C) the covered activity is being conducted in a 
                localized area that receives very high volume 
                visitation;
                    ``(D) the covered activity requires the use of a 
                set or staging equipment; or
                    ``(E) the covered activity is being conducted by a 
                group of 11 or more individuals.
            ``(4) Voluntary permit applications.--Notwithstanding 
        paragraph (1), an individual or small group of individuals 
        conducting a covered activity that meets the requirements of 
        that paragraph may elect to apply for a permit for the covered 
        activity for any reason, including to benefit from any 
        assurances provided by the permit.'';
            (4) in subsection (e) (as so redesignated), in the matter 
        preceding paragraph (1), by inserting ``, a covered activity 
        described in subsection (d),'' after ``still photography''; and
            (5) in subsection (g) (as so redesignated)--
                    (A) by striking ``The Secretary shall'' and 
                inserting the following:
            ``(1) In general.--The Secretary shall''; and
                    (B) by adding at the end the following:
            ``(2) Coordination.--
                    ``(A) In general.--If a permit is required for an 
                activity under this section and 1 or more additional 
                Federal agencies or jurisdictional units are involved 
                in the permitting of the activity, the Secretary and 
                the head of the Federal agency or jurisdictional unit 
                shall, to the maximum extent practicable, coordinate 
                permit processing procedures.
                    ``(B) Identification of lead agency contact.--To 
                maximize the efficient and coordinated processing of 
                permits under this section in which more than 1 Federal 
                agency or jurisdictional unit is involved in the 
                permitting of the activity, the Secretary and the heads 
                of any other applicable Federal agencies shall 
                consider, to the maximum extent practicable, 
                identifying a lead contact or office to process and 
                coordinate applicable permits and fees.''.
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