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

the laws and policies applicable to the Service; and an applicable general management plan. involves fewer than 6 individuals; and meets each of the requirements described in paragraph (5); or the number of individuals participating in the allowed or authorized activity or event; or whether any individual receives compensation for any products of the filming or still photography activity. The Secretary shall establish a de minimis use authorization for certain filming or still photography activities that meets the requirements described in subparagraph (F). may require a de minimis use authorization; and shall not require a permit. The Secretary shall not charge a fee for a de minimis use authorization under this paragraph. through the website of the Service; and in person at the field office of the applicable System unit. to automate the approval of an application submitted through the website of the Service under subparagraph (D)(i); and 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 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. involves a group of not fewer than 6 individuals and not more than 8 individuals; meets each of the requirements described in paragraph (5); and is consistent with subsection (c). A de minimis use authorization issued under this paragraph shall list the requirements described in subparagraph (F). involves more than 8 individuals; or does not meet each of the requirements described in paragraph (5). 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.). does not impede or intrude on the experience of other visitors to the applicable System unit; a natural or cultural resource; or an environmental or scenic value; and allows for equitable allocation or use of facilities of the applicable System unit. The person conducts the filming or still photography activity at a location in which the public is allowed. The person conducting the filming or still photography activity does not require the exclusive use of a site or area. The person does not conduct the filming or still photography activity in a localized area that receives a very high volume of visitation. 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. 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. 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. 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. 3 See References in Text note below. 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. 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. 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). 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. The reasonable fee shall provide a fair return to the United States. The number of days of the filming or still photography activity. The size of the film or still photography crew present in the System unit. The quantity and type of film or still photography equipment present in the System unit. Any other factors that the Secretary determines to be necessary. the costs of the review or issuance of the permit; and related administrative and personnel costs. All costs recovered under subparagraph (A) shall be in addition to the fee described in paragraph (1). be available for expenditure by the Secretary, without further appropriation; and remain available until expended. be available for expenditure by the Secretary, without further appropriation, at the System unit at which the costs are collected; and remain available until expended. there is a likelihood that the person would cause resource damage at the System unit, except as otherwise authorized; the person would create an unreasonable disruption of the use and enjoyment by the public of the System unit; or the filming or still photography activity poses a health or safety risk to the public. 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). to review the application for the permit; to issue the permit; and to collect any required fees.