A couple holds each other romantically in Glacier National Park.
@2023 Lovelight Photography – Montana Based Elopement, Wedding and Portrait Photography – www.lovelightmontana.com

Updated Feb 2025

The Explore Act:

The bipartisan EXPLORE (Expanding Public Lands Outdoor Recreation Experiences)  Act (HR 6492)  containing the FILM ACT has passed the House Of Representatives and was signed by President Biden. This bill will replace the photography and videography laws currently in place for National Forests, National Parks, BLM land, Wildlife Refuges, and other federal lands.

This bill does not effect State Park land or any other land not managed by the federal government.

What will this new law do? 

  • Removes commercial/non-commercial permit requirements. The exchange of money would have no bearing on whether or not a permit is required. From the bill: “(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.”

  • Removes the distinction between photography and videography. It makes no difference if you are video recording or photographing as the processes are the same. This includes Youtube videos, Instagram reels, documentaries, Tik Tok videos, and commercial videos. 
  • Bases photography permits on impact rather than on activity. If you have a film crew (workers) of more than 6 individuals then a permit would be required. As long as your filming/photographing “does not impede or intrude on the experience of other visitors, disturb or negatively impact a natural or cultural resource or an environmental or scenic value; and allows for equitable allocation or use of facilities, does not take place in a place with a high volume of visitation,” then a permit is not required. 

  • If you already have a permit for the event, a filming or still photography permit will not be required. For instance, if you were issued a permit for a wedding ceremony, you can NOT be required to get an additional permit. ‘‘(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 20 of a graduate, shall be considered merely incidental for the purposes of paragraph (2)(B). ‘“

Really important verbiage to read and understand as a photographer working on Public Land about this Bill:

‘‘(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 20 of a graduate, shall be considered merely inci21 dental 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”

“(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.”

Where does the Explore Act stand:

As of January 2025, the current bill is the new law but the agencies have not drafted their rules and regulations to specifically instruct how this law will be implemented and carried out. However, it is the new law of the land so if you are shooting low impact portrait photography, you can carry a copy of the bill with you in pdf form on your phone. Download here Text – H.R.6492 – 118th Congress (2023-2024)_ EXPLORE Act _ Congress.gov _ Library of Congress.pdf                  

Due to the transition into a new administration, there is a freeze on the implementation of new regulations, but that should not last long. We are waiting on a few small updates to the bill that were discussed under the previous administration and will be passed in the next administration. These include clarification of the “high traffic” area requirement, removal of the “deminisus” use permit requirement, clarification of 6+ being film or photography crew (not clients), and incorporating a news gathering clarification. We are actively working on this situation to get the bill fully implemented as soon as possible. 

Thank you, once again, for your involvement and hard work to support and encourage our mission of creatives for equal, fair, and unbiased access to create and recreate on our nation’s public lands!

A groom and bride share a moment with each other by a lake in the mountains.
Joanna Adams Photography | Montana Elopement

How has the PLC been involved?

At the inception of the PLC, we began working with elected officials to get legislation through Congress that would improve creative’s ability to photograph and videotape on public lands. Because of our influence, a few Senators were willing to take up the Film Act. We have been in direct contact with PPA, NPPA, other non-profits, and elected officials to help draft, develop, and ultimately get this bill passed. In December, Public Land Creatives sent in testimonies from members in support of this Bill which was helpful in moving it forward.

Working on items like this is not possible without the support of members. Bills like this shape the future of being able to photograph on public lands. Thank you to all of our members for your support and involvement in allowing Public Land Creatives to do this work!

A couple of skis on a sunny day in their wedding attire.
Jill Jones Photography | Montana

Other things to know about the Explore Act

  • Addresses parking limitations
  • Modern technology to assist in improving visitor experiences
  • Protects rock climbing in certain areas
  • Restoration of campgrounds
  • Creates new bike trails
  • AND MORE!
A couple floats on an alpine lake on packrafts.
Shell Creek Photo | Colorado

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