For content creators who capture their adventures on public lands, understanding and navigating federal regulations has become an increasingly high-stakes endeavor. Recent legal battles and legislative developments have brought new hope for creators while exposing the ongoing challenges of balancing creative expression with compliance. The passage of the EXPLORE Act marks a turning point in the conversation around filming on public lands. Here’s an exploration of the current landscape, recent developments, and what lies ahead.
A Complex History: Public Law 106-206 to the Price Case
Our history begins with Public Law 106-206, enacted in 2000. This law required permits and fees for “commercial filming” activities on lands managed by federal agencies, such as the Department of the Interior and the Department of Agriculture, which oversee federal lands like those of the National Park Service (NPS), the Bureau of Land Management (BLM), and the U.S. Forest Service (USFS). However, it wasn’t until 2013, with the implementation of 43 CFR Part 5, that the final rules fully defining these regulations were issued, bringing greater clarity to filmmakers. A central issue has been the broad interpretation of what qualifies as “commercial filming.” Some agencies viewed any content uploaded to monetized social media accounts—such as YouTube, Instagram, and TikTok—as commercial, regardless of its production scale. This broad definition led to numerous disputes, especially for creators whose low-impact activities seem far removed from traditional commercial projects.
In 2019 independent filmmaker Gordy Price argued that requiring permits for low-impact filming on public lands infringed on his First Amendment rights. In 2021, a district court agreed, ruling that permits for low-impact filming activities were unconstitutional. However, this decision was short-lived; in 2022, the Department of the Interior appealed and won, reinstating the need for permits regardless of the size or equipment involved. Violating this rule could result in fines or even prison time, underscoring the severity of these restrictions.
The BlueRibbon Coalition’s Preliminary Injunction Victory
In June 2024, the BlueRibbon Coalition (BRC), an organization that advocates for public land access, won a preliminary injunction against the requirement for commercial filming permits for its members. This injunction allows BRC members to film on federal public lands without needing a commercial permit, provided they adhere to low-impact standards, while the case remains in litigation.
The injunction represented more than just a temporary change in rules; it’s a result of the stories shared by BRC members about how restrictive, inconsistent regulations affected their ability to share social media content. For instance, BRC member Nathan Riddle produces YouTube content with a focus on motorized access of public lands. Despite arguing that his work qualified as news-gathering (exempt from permit requirements), BLM rejected his claim because of his social media monetization. Riddle’s story was crucial in the court’s decision, illustrating the real-life consequences of these restrictions on independent creators.
Legislative Breakthrough: The Passage of the EXPLORE Act
On January 4, 2025, President Biden signed the EXPLORE Act (Expanding Public Lands Outdoor Recreation Experiences Act) into Law. This legislation, a milestone for content creators, modernizes and simplifies the rules for filming on public lands, including provisions for small-scale commercial projects.
Key Provisions of the EXPLORE Act:
- Permit Exemptions:
- Filming or photography activities involving fewer than six individuals are exempt from permit requirements if they meet low-impact criteria, such as avoiding resource damage and not intruding on the experience of other members of the public.
- De Minimis Use Authorizations
- For small-scale groups (6-8 individuals), a streamlined “de minimis use authorization” process eliminates the need for a full permit and associated fees. These authorizations can be obtained immediately online or in person.
- Preservation of Wilderness Protections
- The Act explicitly states that it does not supersede the Wilderness Act of 1964, ensuring that stricter rules under the Wilderness Act still apply in designated wilderness areas. Even small-scale commercial filming will likely require permits to ensure compliance with preservation goals.
- Consistency Across Agencies
- The Act encourages interagency coordination, streamlining the application process for multi-jurisdictional projects.
Implications for Creators
The passage of the EXPLORE Act represents a significant shift in favor of small-scale and independent creators. By eliminating much of the red tape for low-impact filming, it ensures that creators capturing their experiences for platforms like YouTube and Instagram are not overly burdened by excessive bureaucracy—provided their activities comply with the outlined criteria.
Agencies are expected to issue updated guidance to clarify the application of these rules in light of the new legislation, and creators should closely monitor how terms such as “involved” and “intruding” are defined in the guidance issued by the enforcing agencies. Navigating Wilderness Area Restrictions. While the EXPLORE Act offers welcome relief for creators, designated Wilderness Areas remain subject to the strict protections of the Wilderness Act of 1964. Under the Act, “commercial enterprise” is prohibited unless deemed necessary for the administration of the area. This provision has been interpreted to mean that commercial filming in wilderness areas still requires permits even for small crews.
Wilderness Areas make up more than 111 million acres across the U.S., managed by federal agencies like the NPS, USFS, and BLM. These lands include some of the most iconic and pristine locations in the country. The BRC injunction does not explicitly carve out an exception for Wilderness Areas, unlike the EXPLORE Act. This means that BRC members may be able to film in Wilderness Areas without a permit under the injunction, provided their activities meet the low-impact criteria. This distinction highlights the ongoing importance of the injunction even as the EXPLORE Act is implemented as law, particularly for those filming in wilderness regions. Content creators should exercise caution and consult with local agencies before filming in wilderness areas to ensure compliance with the EXPLORE Act, the Wilderness Act, and, for BRC members, the provisions of the BRC injunction.
Practical Advice for Navigating Filming Rules
With the EXPLORE Act now signed into law, new opportunities and challenges arise for creators filming on public lands. The EXPLORE Act simplifies filming rules for creators by removing many bureaucratic barriers; however, it explicitly upholds the Wilderness Act’s stricter protections for designated Wilderness Areas and imposes limits on the number of people involved in filming, leaving some ambiguity around the definition of “involved.” In contrast, the BRC injunction neither limits the number of individuals involved in filming, as the EXPLORE Act does nor excludes Wilderness Areas. This distinction potentially offers creators additional protections in areas where the EXPLORE Act falls short. For this reason, this author believes it would be wise for creators not to rely solely on the EXPLORE Act for legal protection while practicing their craft but to gain additional assurance by also being active BRC members to be covered under the injunction.
Regardless of BRC membership or the scope of your project, it is recommended to contact the appropriate agency’s local field office before filming, especially if your content is monetized. Keeping written records of any communication can help serve as additional protection. It is also important to note that both the BRC injunction and the EXPLORE Act focus solely on federal public lands. State-managed public lands operate under their own rules and regulations regarding filming, which can vary widely and often still require permits, even for low-impact activities. Apps like onX and Gaia can help creators identify federal, state, and wilderness-designated areas, making it easier to follow relevant regulations.
A New Era for Filming on Federal Public Lands?
The passage of the EXPLORE Act represents a pivotal moment for content creators, potentially laying the groundwork for a more accessible and fair regulatory environment. By simplifying permit requirements and recognizing the role of small-scale creators, the Act acknowledges the evolving nature of storytelling in the digital age. However, the BRC injunction may remain a vital tool for creators, particularly those working in Wilderness Areas. Its broader protections may offer critical relief in regions where the EXPLORE Act enforces stricter requirements.
Creators should stay informed about the evolving legal landscape, maintain open communication with agencies and their elected representatives, and respect public land regulations. The road ahead will be critical for the implementation of the EXPLORE Act and any subsequent adjustments to filming rules. Together, these developments signal a new era of opportunity for creators documenting their adventures on America’s public lands.
Read more: A Distilled Guide for Travel Photography
Images: Rob Cook, Bruce Dorn, Jason Spafford
Our No Compromise Clause: We do not accept advertorial content or allow advertising to influence our coverage, and our contributors are guaranteed editorial independence. Overland International may earn a small commission from affiliate links included in this article. We appreciate your support.
