EXPLORE Act HR 6492 | Congress considering law to require a permit for photography on public land

A new bill, HR 6492, also known as the EXPLORE Act, contains implications for filming and still photography on public lands. Under this legislation, individuals and groups would be required to obtain authorization or permits for film and still photography that meets certain guidelines. Even at casual events like 4×4 gatherings or birthday parties held on public land. This requirement extends to popular areas with a high rate of visitation such as the Grand Canyon overlook, where capturing photos or videos will become subject to regulation.

HR 6492 infringes upon the fundamental rights of individuals, including the freedom of speech and expression guaranteed by the Constitution. Requiring permits for activities as commonplace as taking photos or filming videos on public lands is excessive and unjustified. Additionally, the bill runs counter to the public forum doctrine, which holds that certain spaces, like federal lands, should be open for free expression without government interference.

Under HR 6492, individuals and groups engaging in filming or still photography activities on public lands would be subject to different permit requirements based on the size of the gathering and the nature of the activity. For activities involving more than 8 individuals or those that fail to meet certain requirements, a permit application and fee will be required. This creates challenges for casual gatherings where obtaining permits may be cumbersome and impractical.

The bill also introduces the concept of de minimis use authorization for certain filming or still photography activities. To qualify for this authorization, the activity must involve a group of 6 to 8 individuals, meet specific requirements outlined in the legislation, and be consistent with subsection (c) of the bill. Users will be required to apply for a de minimis use authorization which is free and will be available online.

The impact of HR 6492 extends beyond common gatherings in the public forum, affecting content creators who generate income from their photography or videography on public lands. Even nonprofit organizations advocating for causes related to public lands could be subject to these regulations if they engage in filming or still photography activities.

The bill’s provisions impose undue restrictions on individuals and groups seeking to document their experiences on public lands. Under this new Federal law, it would be a crime for Arizona Backcountry Explorers to share this photo with you or use it on our website without obtaining a commercial permit. It would be a crime for photographers to sell prints of their photos without obtaining a commercial permit.

These regulations would stifle creativity, limit freedom of expression, and hinder the enjoyment of outdoor spaces for all Americans. As this bill makes its way through the Senate, you are encouraged to contact your senators and express your opposition.