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54 U.S.C. § 100905 — Filming and still photography in System units

submitted 1 year ago by Pub. L. 118-234 to r/title-54-NATIONAL-PARK-SERVICE-AND-RELATED-PROGRAMS · 1,537 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets rules for filming and still photography in System units. Some small or incidental activities need no permit or fee, while other activities may require an authorization or a permit and fee. The Secretary must not allow an activity that would likely damage resources, unreasonably disrupt public use, or create a public health or safety risk.

(a) Filming and Still Photography.
(1) In general. The Secretary must make sure that any filming or still photography activity — or similar project — in a System unit, and the way it's authorized or permitted, follows (A) the laws and policies that apply to the Service, and (B) the unit's general management plan.
(2) No permits required. The Secretary cannot require an authorization or permit, or charge a fee (unless some other law already requires one), for a filming or photography activity that either: (A) involves fewer than 6 people and meets all the requirements listed in paragraph (5); or (B) is merely incidental to, or just documents, an activity or event that is already allowed or authorized at the unit — no matter how many people are involved in that underlying activity, and no matter whether anyone gets paid for the photos or footage.
(3) Filming and still photography authorizations for de minimis use.
(A) In general. The Secretary must create a "de minimis use authorization" for certain small filming or photography activities that meet the requirements in (F) below.
(B) Policy. For an activity that meets those requirements, the Secretary may require this de minimis authorization but cannot require a full permit.
(C) No fee. The Secretary cannot charge a fee for a de minimis use authorization.
(D) Access. The Secretary must let the public apply for and get a de minimis authorization either through the Service's website or in person at the unit's field office.
(E) Issuances. The Secretary must set up a process to automatically approve website applications, and to immediately issue an authorization once an in-person application is received — as long as the application meets the requirements.
(F) Requirements. The Secretary can only issue a de minimis authorization if the activity: involves a group of 6 to 8 people; meets all the requirements in paragraph (5); and fits with the resource-protection rules in subsection (c).
(G) Contents. Every de minimis authorization must list the requirements from (F).
(4) Required permits.
(A) In general. Except for activities covered by paragraph (2)(B), the Secretary may require a permit application — and, if a permit is issued, charge a reasonable fee under subsection (b)(1) — for a filming or photography activity that involves more than 8 people, or that doesn't meet the requirements in paragraph (5).
(B) Wilderness Act clarification. Nothing in this subsection is meant to, or should be read to, conflict with the Wilderness Act of 1964.
(5) Requirements for filming or still photography activity. These are the requirements that paragraphs (2), (3), (4), and (7) all refer back to. A filming or photography activity meets them only if:
(A) it does not get in the way of other visitors' experience; does not disturb or harm a natural or cultural resource, or an environmental or scenic value, unless otherwise allowed; and lets facilities be shared fairly;
(B) it happens somewhere the public is allowed to be;
(C) it does not require exclusive use of any site or area;
(D) it does not happen in a spot that gets very heavy visitor traffic;
(E) it does not use a set or staging equipment — though handheld gear like a tripod, monopod, or handheld light does not count as staging equipment;
(F) it follows the unit's visitor-use policies, practices, and regulations;
(G) the Secretary determines it is not likely to create extra administrative costs; and
(H) it follows other applicable federal, state, and local laws, including rules about drones.
(6) Content creation. No matter how the result will be shared, any video, photo, or audio recording made for commercial or noncommercial content in a unit counts as a filming or still photography activity under this subsection.
(7) Effect.
(A) Permits requested though not required. Even when a permit isn't required, the Secretary may still issue one if someone asks for it.
(B) No additional permits, commercial use authorizations, or fees for filming and still photography at authorized events. Filming or photography at an already-allowed event — such as a wedding, engagement party, family reunion, or graduation celebration — is treated as "merely incidental" under paragraph (2)(B), so it needs no separate permit, authorization, or fee.
(C) Monetary compensation. Whether or not the photographer or filmmaker gets paid does not affect whether the activity is allowed.

(b) Fees and Recovery Costs.
(1) Fees. Any reasonable fee charged under subsection (a)(4) must give the United States a fair return, and must be based on how many days the activity lasts, how large the crew is, how much and what kind of equipment is present, and any other factor the Secretary decides matters.
(2) Recovery of costs. The Secretary must also collect, from the permit applicant, any costs the Secretary incurs handling the permit — including reviewing and issuing it, and related administrative and personnel costs. These recovered costs come on top of, not instead of, the fee from paragraph (1).
(3) Use of proceeds. Both the fees collected and the costs recovered are available for the Secretary to spend without further appropriation, and both stay available until spent; recovered costs must be spent at the unit where they were collected.

(c) Protection of Resources. The Secretary must not allow a filming or photography activity if the Secretary decides it would likely damage the unit's resources (except where otherwise authorized), would unreasonably disrupt the public's use and enjoyment of the unit, or would pose a health or safety risk to the public.

(d) Processing of Permit Applications.
(1) In general. The Secretary must set up a process to respond to permit applications for filming or photography activities in a timely way.
(2) Coordination. If a permit is needed involving two or more federal agencies or units, the Secretary and the other agency heads must coordinate their permit processes as much as practical — including by naming one lead agency or unit to review the application, issue the permit, and collect any fees.

the actual law source: uscode.house.gov ↗public domain
(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)Wilderness 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),1 and (7)(C) 2 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 (as such term is defined in section 3 3 of the EXPLORE Act), 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.

Source credit: (Added Pub. L. 118–234, title I, § 125(a)(1), Jan. 4, 2025, 138 Stat. 2847.)

history & why it existsrecord from the source credit
  • 2025Enacted · Pub. L. 118-234 · 138 Stat. 2847

A history note hasn’t been published yet. The record shows enactment by Pub. L. 118-234 on 2025-01-04.

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