Updated May 31, 2017
Commercial Filming and Photography on Federal Lands
Commercial filmmakers, videographers, and photographers
Agency Regulations
often seek to use federal lands as locations for their works.
Department of the Interior. In August 2013, DOI issued a
Historically, the major federal land management agencies—
final rule to bring three agencies—BLM, NPS, and FWS—
the Bureau of Land Management (BLM), National Park
into compliance with P.L. 106-206 (78 Federal Register
Service (NPS), and Fish and Wildlife Service (FWS) in the
52087, modifying regulations at 36 C.F.R. Part 5, 43 C.F.R.
Department of the Interior (DOI) and the U.S. Forest
Part 5, and 50 C.F.R. Part 27). In December 2014 and again
Service (FS) in the Department of Agriculture (USDA)—
in December 2016 (81 Federal Register 94496), the Bureau
did not share a consistent approach to regulating
of Reclamation announced its intent to amend its
commercial filming and photography on their lands. A 2000
regulations to accord with those of the other DOI agencies.
law, P.L. 106-206 (16 U.S.C. 460l-6d), directed the
Special filming and photography restrictions for Indian
Secretaries of the Interior and Agriculture to require permits
lands administered by DOI’s Bureau of Indian Affairs (43
and develop a consistent fee structure for commercial
C.F.R. Part 5, Subpart B) remain unchanged.
filming and some photography on federal lands. Pursuant to
the law, the agencies have established permitting
The DOI regulations define commercial filming and still
procedures and are currently in the process of setting fees.
photography consistently for BLM, NPS, and FWS and
Legislation in the 115th Congress would alter requirements
clarify which activities require a permit, in accordance with
for the agencies’ fee schedules and permits.
P.L. 106-206. The regulations state conditions under which
a filming or photography permit may be denied, such as if
DOI and USDA are currently in the process of
the activity would cause resource damage, unreasonably
standardizing fees for commercial filmmaking and
disrupt public use, pose health or safety risks, or violate the
photography on federal lands, which have served as
Wilderness Act (16 U.S.C. 1131-1136) or other applicable
locations for many well-known films such as Star Wars,
laws or regulations. Permit applications are to be processed
Planet of the Apes, and The Hunger Games.
in a “timely manner,” and permit denials may be appealed
to higher levels of DOI management. The regulations also
Statutory Requirements for Permits and Fees
discuss the more limited circumstances in which a permit is
required for news-gathering activities (defined as filming,
Under P.L. 106-206 (16 U.S.C. §460l-6d and 54 U.S.C.
videography, and still photography carried out by a
§100905), the Secretaries of the Interior and Agriculture
representative of the news media). Among other conditions,
must require permits and establish reasonable fees for
such a permit is required only if obtaining it will not
commercial filming on federal lands. The fees must take
interfere with the ability to gather the news.
into account (1) the number of days of filming, (2) the size
of the film crew, (3) the amount and type of equipment, and
Permit holders are responsible for two types of payments: a
(4) other factors that the Secretaries deem appropriate. The
location fee that provides a fair return to the nation for the
fees must provide a “fair return” (undefined in the law) to
use of federal land and repayment of costs incurred by the
the nation for the activity. In addition to fees, the
government in processing the request and administering the
Secretaries must recover any administrative, personnel, or
permit. The permit holder also has liability and bonding
other costs incurred by the agencies during filming. Permits
requirements.
are not to be issued if the activity would damage resources,
unreasonably disrupt public use and enjoyment of a site, or
Forest Service. FS follows its existing regulations for
pose health and safety risks.
commercial filming and photography permits (36 C.F.R.
251), which were in place prior to passage of P.L. 106-206.
Still photography requires a permit or fee only if it is in an
FS collaborated with DOI on a new fee schedule proposed
area that is not ordinarily open to the public, if additional
in 2013 (see below). Also, in 2014, FS proposed but did not
administrative costs are likely, or if models or props other
finalize a directive that would establish additional criteria
than the site’s own resources are used.
for commercial filming and photography in congressionally
designated wilderness areas (79 Federal Register 52626).
Fees and costs collected under P.L. 106-206 are to be
For example, such activity would have to be focused
available for use by the collecting agencies without further
primarily on disseminating information about wilderness,
appropriation. The majority of funds are retained at the site
would have to preserve the area’s wilderness character as
at which they were collected, and the fees may be used for
defined in the Wilderness Act (16 U.S.C. 1131 ff.), and
purposes such as backlogged repair and maintenance
would have to be wilderness-dependent (unable to be
projects, interpretation, signage, facility enhancement,
carried out elsewhere). Some Members of Congress and
resource preservation, fee collection, and law enforcement.
other stakeholders objected to the proposed FS directive,
especially questioning whether it would infringe on the
First Amendment rights of news reporters. FS stated that
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link to page 2 Commercial Filming and Photography on Federal Lands
the proposed directive would not affect news gathering in
site such as Grand Canyon National Park currently pays a
wilderness areas.
fee of $750 per day. Under the new schedule, the fee would
increase to $1,000 per day. By contrast, a crew of five
Proposed Fee Schedule
people filming at a BLM site in California or Utah currently
pays a fee of $250 per day, but under the new schedule the
Along with the August 2013 DOI final rule, DOI and
fee would decrease to $75 per day.
USDA jointly published a proposed fee schedule to set
uniform fees for commercial filming and photography
In scoring the 2000 legislation, the Congressional Budget
activities (78 Federal Register 52209). Table 1 shows the
Office stated that the act’s effects “would depend on many
proposed fees.
behavioral factors that cannot be predicted with
confidence.” For example, to the extent that the new fees
Table 1. Proposed DOI/USDA Land-Use Fee Schedule
for Commercial Filming and Photography
represent increases from previous amounts, they could
bring in more revenue or they could discourage filmmakers
Commercial Filming

and photographers from using federal sites. Congress may
monitor the financial effects of the new regulations and fees
Number of People
Fee
over time.
1-3, camera and tripod only
$10/day or $250/month
Legislation
1-5, more than a camera and tripod
$75/day
In the 115th Congress, H.R. 1944 would amend P.L. 106-
6-10
$150/day
206 to allow film crews of five or fewer to pay an annual
fee of $200 for filming on federal lands and waters. The
11-30
$350/day
proposed $200 annual fee would differ from the agencies’
31-50
$650/day
proposed fee schedule, which would charge film crews of
five or fewer with more than a camera and tripod $75 per
51-70
$1,000/day
day.
More than 70
$1,500/day
In the 114th Congress, S. 2012 would have amended P.L.
Still Photography

106-206 to make several changes. The bill would have
required the agencies to finalize their fee schedule no later
Number of People
Fee
than 180 days after the bill’s enactment. It would have
1-3, camera and tripod only
$10/day or $250/month
exempted individuals and small businesses that already
hold certain other NPS permits from needing a commercial
1-5, more than a camera and tripod
$50/day
filming and photography permit. It also would have
6-10
$100/day
exempted from paying fees (but not from cost recovery)
film crews of three or fewer that qualify as small businesses
11-20
$200/day
and use only a camera and tripod. The bill clarified that
21-30
$300/day
news gathering would not be considered a commercial
activity that would require fees and permits. The bill also
More than 30
$450/day
would have named a different law to govern the use of
Source: 78 Federal Register 52209.
commercial filming fees. That is, under P.L. 106-206, the
Note: Fees for still photography would apply only in cases where the
fees are to be used according to the formula established for
photography requires a permit (see above).
another type of federal lands fee—recreation fees—in P.L.
104-134. However, this law no longer governs the use of
The proposed amounts were based on current fees charged
recreation fees, and was replaced by the Federal Lands
by BLM and FS for commercial filming and photography,
Recreation Enhancement Act (FLREA; 16 U.S.C. 6801 et
as well as on public comments received on a draft fee
seq.) S. 2012 would have amended P.L. 106-206 to base
schedule previously proposed by NPS and discussions with
filming and photography fee use on the newer recreation
state and local film commissioners and industry
fee law. S. 2012 passed the Senate but did not become law.
representatives. The agencies received public comments but
have not yet published a final schedule.
In the 113th Congress, H.R. 4243 would have allowed
commercial filming and photography, at the discretion of
Financial Effects of New Fees
the Capitol Police, in portions of the U.S. Capitol grounds
In some cases, the fees proposed for uniform use across the
where these activities currently are prohibited.
four agencies represent a change from fees currently being
charged by individual agencies. Certain fees would
Laura B. Comay, Analyst in Natural Resources Policy
increase, and others would decrease, depending on the
agency involved and other factors. For example, a
IF10340
commercial filming crew of 60 people working at an NPS

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Commercial Filming and Photography on Federal Lands



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