Rule2026-05457
Land Uses; Special Uses
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 19, 2026
Effective
March 19, 2026
Issuing agencies
Agriculture DepartmentForest Service
Abstract
The United States Department of Agriculture (Department), Forest Service (Forest Service or Agency), is issuing this final rule to update its special uses regulations on filming and still photography to be consistent with the new requirements in the Expanding Public Lands Outdoor Recreation Experiences Act (EXPLORE Act or Act). The technical revisions include adding a statutory reference to the EXPLORE Act and updating terminology and definitions to be consistent with the Act.
Full Text
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<title>Federal Register, Volume 91 Issue 53 (Thursday, March 19, 2026)</title>
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[Federal Register Volume 91, Number 53 (Thursday, March 19, 2026)]
[Rules and Regulations]
[Pages 13221-13224]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05457]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 251
RIN 0596-AD71
Land Uses; Special Uses
AGENCY: Forest Service, Agriculture (USDA).
ACTION: Final rule.
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SUMMARY: The United States Department of Agriculture (Department),
Forest Service (Forest Service or Agency), is issuing this final rule
to update its special uses regulations on filming and still photography
to be consistent with the new requirements in the Expanding Public
Lands Outdoor Recreation Experiences Act (EXPLORE Act or Act). The
technical revisions include adding a statutory reference to the EXPLORE
Act and updating terminology and definitions to be consistent with the
Act.
DATES: This rule is effective March 19, 2026.
FOR FURTHER INFORMATION CONTACT: Mark Chandler, Realty Specialist, at
(202) 205-1117 or <a href="/cdn-cgi/l/email-protection#a5c8c4d7ce8bc6cdc4cbc1c9c0d7e5d0d6c1c48bc2cad3"><span class="__cf_email__" data-cfemail="d9b4b8abb2f7bab1b8b7bdb5bcab99acaabdb8f7beb6af">[email protected]</span></a>. Information on this final
rule may also be obtained via written request addressed to the
Director, Lands, Minerals and Geology Management, USDA Forest Service,
201 14th Street SW, Washington, DC 20250-1124, or by email to
<a href="/cdn-cgi/l/email-protection#e7b4aac9a1b4c9b0a8b8ab868983b493868181a792948386c9808891"><span class="__cf_email__" data-cfemail="4417096a02176a130b1b08252a20173025222204313720256a232b32">[email protected]</span></a>. Individuals who are deaf, hard of hearing,
or have a speech disability may call 711 to reach the
Telecommunications Relay Service, then provide the phone number of the
person named as a point of contact for further information.
SUPPLEMENTARY INFORMATION:
Background
This final rule makes technical and clarifying revisions to the
Agency's existing regulations at 36 CFR 251.50 and 251.51 for issuing
and administering special use authorizations for filming and still
photography on National Forest System lands. The revisions add a
citation for the EXPLORE Act (Pub. L. 118-234) and update terminology
and definitions in the existing Forest Service regulations for filming
and still photography to reflect statutory revisions made by the
EXPLORE Act.
These are administrative changes to the existing regulations to
incorporate the permitting thresholds and definitions established by
the EXPLORE Act provisions for filming and still photography. The
administrative changes do not formulate new standards, criteria, or
guidelines applicable to Forest Service programs and therefore do not
require public notice and opportunity to comment under section 14(a) of
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1612(a)). This rule also qualifies for exemption under 5 U.S.C.
553(b)(3), as it constitutes a technical revision.
Section 125(b) of the EXPLORE Act establishes criteria for filming
and still photography on Federal lands, including National Forest
System lands. Under the current Forest Service regulations, special use
permits and fees are commonly required for filming and still
photography, regardless of the number of people involved. The EXPLORE
Act reduces the circumstances in which permits may be required by
establishing three tiers: (1) no authorization, permit, or fees may be
required for qualifying activities involving no more than five
individuals; (2) a de minimis use authorization instead of a permit,
for qualifying activities involving six to eight individuals, of which
no fee may be charged; and (3) a permit may be required for activities
that involve more than eight individuals or do not meet statutory
requirements for permit-free or de minimis treatment and a reasonable
fee assessed.
The EXPLORE Act also directs the Forest Service to enable members
of the public to apply for and obtain de minimis use authorizations for
qualifying filming or still photography activities through a website
and in person, and to automate approval and immediate issuance of such
authorizations. The statute treats filming and still photography the
same, regardless of the media used or the distribution platform. It
establishes criteria for assessing reasonable fees, recovering costs,
using proceeds, and authorizes the prohibition of filming or still
photography to protect natural and cultural resources.
[[Page 13222]]
The Department is amending section 251.50 paragraph (c)(2) to refer
to ``filming or still photography'' rather than just ``still
photography.'' The Department is also amending paragraph (d)(1) by
replacing the phrase ``commercial filming or still photography'' with
``filming or still photography.'' These changes update Forest Service
regulations to be consistent with the terminology used in the EXPLORE
Act. The Department is amending section 251.50 by adding paragraphs (f)
through (l). Paragraph (f) identifies circumstances in which no
authorization or fee may be required for filming or still photography
activities on National Forest System lands. Paragraph (g) identifies
when a de minimis use authorization is required for filming or still
photography activities on National Forest System lands. Paragraph (h)
identifies when a permit is required for filming or still photography
activities on National Forest System lands. Paragraph (i) lists the
requirements for all filming and still photography activities
regardless of whether a permit or de minimis use authorization is
required. Paragraph (k) specifies the circumstances under which filming
or still photography activity will not be authorized in order to
protect natural and cultural resources, public use and enjoyment, and
public health and safety. Additionally, the Department is amending
section 251.50 by adding paragraph (l), which cross-references the
EXPLORE Act for special use authorization and fee criteria applicable
to filming or still photography activities that do not qualify under
paragraphs (g) or (h) of this section.
The Department is amending section 251.51 Definitions to add
definitions for the following terms: ``content creation'' and ``filming
or still photography.'' The EXPLORE Act defines ``Content creation'' as
any video, still photograph, or audio recording for commercial or
noncommercial content creation on National Forest System lands,
regardless of distribution platform, and it shall be considered a
filming or still photography activity. The Department is deleting the
stand-alone definitions for ``commercial filming'' and ``still
photography'' and adding a combined definition for ``filming or still
photography'' to be consistent with the EXPLORE Act terminology and its
treatment of commercial and noncommercial content creation and the
update to definitions in FSH 2709.11, chapter 40.
The revised regulation conforms to the statutory permitting
framework and does not expand or contract the scope of permitted
activities beyond what the Act authorizes. Additional guidance on
filming and still photography on National Forest System lands will be
updated and provided in Forest Service directives, which can be found
at <a href="https://www.fs.usda.gov/about-agency/regulations-policies/national-directives">https://www.fs.usda.gov/about-agency/regulations-policies/national-directives</a>.
Regulatory Certifications
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget will determine whether a regulatory action is significant as
defined by E.O. 12866 and will review significant regulatory actions.
OIRA has determined that this final rule is not significant as defined
by E.O. 12866. E.O. 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the Nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The Department has developed the final rule consistent with E.O. 13563.
Congressional Review Act
This final rule implements the filming and still photography
provisions of the EXPLORE Act, and it is not a major rule as defined by
the Small Business Regulatory Enforcement Fairness Act of 1996 (known
as the Congressional Review Act, 5 U.S.C. 804(2)).
National Environmental Policy Act
This final rule will make only technical, clarifying revisions to
existing Forest Service regulations at 36 CFR part 251, subpart B.
Departmental regulations at 7 CFR 1b.4(c)(20) exclude from
documentation in an environmental assessment or environmental impact
statement ``rules, regulations, or policies to establish service-wide
administrative procedures, program processes, or instructions.'' The
Department has concluded that this final rule falls within this
category of actions and that no extraordinary circumstances exist that
will require the preparation of an environmental assessment or
environmental impact statement.
Regulatory Flexibility Act Analysis
The Department has considered this final rule under the
requirements of the Regulatory Flexibility Act (5 U.S.C. 602 et seq.).
This final rule will not have any direct effect on small entities as
defined by the Regulatory Flexibility Act. The final rule will not
impose recordkeeping requirements on small entities; will not affect
their competitive position in relation to large entities; and will not
affect their cash flow, liquidity, or ability to remain in the market.
Therefore, the Department has determined that this final rule will not
have a significant economic impact on a substantial number of small
entities pursuant to the Regulatory Flexibility Act.
Federalism
The Department has considered this final rule under the
requirements of E.O. 13132, Federalism. The Department has determined
that the final rule conforms with the federalism principles set out in
this E.O.; will not impose any compliance costs on the States; and will
not have substantial direct effects on the States, on the relationship
between the Federal Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
Therefore, the Department has concluded that the final rule does not
have federalism implications.
Consultation and Coordination With Indian Tribal Governments
The Department has reviewed this final rule in accordance with the
requirements of E.O. 13175, Consultation and Coordination with Indian
Tribal Governments. The Department has determined that national Tribal
consultation is not necessary for the final rule. The final rule, which
will make only technical, clarifying revisions to existing Forest
Service regulations in 36 CFR part 251, subpart B, to implement the
filming and still photography provisions of the EXPLORE Act, does not
have any substantial direct effects on Tribes.
Takings Implications
The Department has analyzed the final rule in accordance with the
principles and criteria in E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights. The
Department has determined that the final rule will not pose the risk of
a taking of private property.
Energy Effects
The Department has reviewed the final rule under E.O. 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Department has determined that the final rule
will not constitute a significant energy action as defined in E.O.
13211, and the Office of Information and Regulatory Affairs has not
otherwise designated the final rule as a significant energy action.
[[Page 13223]]
Civil Justice Reform
The Department has analyzed the final rule in accordance with the
principles and criteria in E.O. 12988, Civil Justice Reform. Upon
issuance of the final rule, (1) all State and local laws and
regulations that conflict with the final rule or that impede its full
implementation will be preempted, (2) no retroactive effect will be
given to this final rule, and (3) it will not require administrative
proceedings before parties may file suit in court challenging its
provisions.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1531-1538), signed into law on March 22, 1995, the Department
has assessed the effects of the final rule on State, local, and Tribal
governments, and the private sector. The final rule will not compel the
expenditure of $100 million or more by any State, local, or Tribal
government or anyone in the private sector. Therefore, a statement
under section 202 of the Act is not required.
Paperwork Reduction Act
The final rule does not contain information collection requirements
as defined in 5 CFR part 1320 that are not already required by law or
not already approved for use. Accordingly, the review provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its
implementing regulations at 5 CFR part 1320 do not apply.
List of Subjects
36 CFR Part 251
Land uses, special uses.
Therefore, for the reasons set forth in the preamble, the
Department is amending chapter II of title 36 of the Code of Federal
Regulations as follows:
PART 251--LAND USES
Subpart B--Special Uses
0
1. The authority citation for part 251, subpart B, continues to read as
follows:
Authority: 16 U.S.C. 460l-6a, 460l-6d, 472, 497b, 497c, 551,
580d, 1134, 3210; 30 U.S.C. 185; 43 U.S.C. 1740, 1761-1772.
0
2. Amend Sec. 251.50 by revising paragraphs (c)(2) and (d)(1) and
adding paragraphs (f) through (l) to read as follows:
Sec. 251.50 Scope.
* * * * *
(c) (1) * * *
(2) The proposed use is filming or still photography as defined in
Sec. 251.51 of this subpart.
(d) * * *
(1) The travel is for the purpose of engaging in a noncommercial
group use, outfitting or guiding, a recreation event, filming or still
photography, as defined in Sec. 251.51 of this subpart, or for a
landowner's ingress or egress across National Forest System lands that
requires travel on a National Forest System road that is not authorized
for general public use under Sec. 251.110(d) of this part; or
* * * * *
(f) No permit required for filming or still photography.
Notwithstanding the requirements of paragraphs (c) and (d) of this
section, no special use authorization or fee is required for filming or
still photography that meets either of the following criteria:
(1) The activity:
(i) is conducted by not more than five individuals; and
(ii) meets all of the requirements in paragraph (i)(1) through (8).
(2) The filming or still photography is merely incidental to, or
documenting, an activity or event that is allowed or authorized on
National Forest System lands, regardless of:
(i) the number of individuals participating in the activity or
event; or
(ii) whether any individual receives compensation for any products
of the filming or still photography.
(g) De minimis use authorizations for filming or still photography.
Notwithstanding the requirements of paragraphs (c) and (d) of this
section, a de minimis use authorization, for which no fee is charged,
may be required for filming or still photography that meets both of the
following criteria:
(1) The activity is conducted by a group of not fewer than six and
not more than eight individuals; and
(2) The activity meets all of the requirements in paragraph (i)(1)
through (8) of this section, and the authorized officer determines that
the activity satisfies paragraph (k) of this section.
(h) Permit required for filming or still photography activities.
Except as provided for in paragraphs (f) or (g) of this section, the
authorized officer may require a special use authorization and assess a
reasonable fee, consistent with 16 U.S.C. 460l-6d(b), for a filming or
still photography activity that:
(1) involves more than eight individuals; or
(2) does not meet each of the requirements in paragraph (i)(1)
through (8) of this section. Nothing in this paragraph or paragraphs
(f) and (h) shall be construed to authorize filming or still
photography in congressionally designated wilderness areas in a manner
inconsistent with the Wilderness Act (16 U.S.C. 1131 et seq.).
(i) Requirements for filming or still photography activity. The
filming or still photography requirements referred to in paragraphs
(f), (g), and (h) are as follows:
(1) It is conducted in a manner that does not impede or intrude on
the experience of other visitors to the National Forest System lands,
and except as otherwise authorized, does not disturb or negatively
impact a natural or cultural resource or an environmental or scenic
value, and allows for equitable allocation or use of facilities of the
National Forest System lands.
(2) it is conducted at a location where the public is allowed.
(3) it does not require exclusive use of a site or area.
(4) It does not occur in a localized area that receives a very high
volume of visitation.
(5) it uses only equipment that is carried by the individuals
conducting the activity and does not use a set or staging equipment.
Handheld equipment such as a tripod, monopod, and handheld lighting
equipment is not considered staging equipment for purposes of this
paragraph.
(6) it is conducted in compliance with the visitor use policies,
orders, practices, and regulations applicable to the National Forest
System lands on which the activity occurs.
(7) It is not likely to result in additional administrative costs
being incurred by the Forest Service with respect to the filming or
still photography activity, as determined by the authorized officer.
(8) It complies with the other applicable Federal, State, and local
laws and regulations, including laws related to the use of unmanned
aerial equipment.
(j) E-permitting for filming or still photography. The Forest
Service shall provide procedures for members of the public to apply for
and obtain de minimis use authorizations under paragraph (g) through a
public website of the Forest Service and in person at the local field
office, including procedures for automated approval of qualifying web
applications and immediate issuance of qualifying in-person
applications.
(k) Protection of resources. The authorized officer shall not
authorize a filming or still photography activity under this section if
the authorized officer determines that:
(1) there is a likelihood that the activity would cause resource
damage on National Forest System lands, except as otherwise authorized;
[[Page 13224]]
(2) the activity would create an unreasonable disruption of the use
and enjoyment by the public of National Forest System lands; or
(3) the filming or still photography activity poses a health or
safety risk to the public.
(l) Statutory requirements for filming or still photography.
Additional guidance for filming or still photography can be found at 16
U.S.C. 4601-6d.
0
3. Amend Sec. 251.51 by removing the definitions ``Commercial
Filming'' and ``Still Photography'' and adding the following
definitions, in alphabetical order:
Sec. 251.51 Definitions.
* * * * *
Content creation--Regardless of distribution platform, any video,
still photograph, or audio recording for commercial or noncommercial
content creation at a Federal land management unit shall be considered
to be a filming or still photography activity.
* * * * *
Filming or still photography--Filming, videotaping, sound
recording, or the use of any other moving image, audio recording
equipment, or use of still photography equipment on National Forest
System lands but not including activities associated with broadcasting
breaking news.
* * * * *
Michael K. Boren,
Under Secretary, Natural Resources and Environment.
[FR Doc. 2026-05457 Filed 3-18-26; 8:45 am]
BILLING CODE 3411-15-P
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