Environment Magazine

Forest Service Backs Off: No Charge for News Coverage in Wilderness

Posted on the 29 September 2014 by Earth First! Newswire @efjournal

Canaan_Mountain_Wilderness

by Joel Connelly / SeattlePi

The U.S. Forest Service, seeking to “clarify” a proposed fee that caused an uproar, says it does not intend to slap fees on news organizations reporting stories on federally designated wilderness areas.

“To be clear, provisions in the draft directive do not apply to news gathering or activities,” U.S. Forest Service Chief Tom Tidwell said in a statement.

But the status of other picture-taking and filming in wilderness areas remains anything but clear.  The Forest Service is seeking to “formally establish consistent criteria” for evaluating requests for commercial filming in wilderness areas.”

While saying there will no fee for news organizations at work — although the Forest Service has tried to interfere with Idaho Public Broadcasting — the federal agency uses vague, Aesopian language to hint at regulations for other picture taking and filming.

“However, if a project falls outside of that scope and the filming is intended to be on wilderness land, additional criteria are applied to protect wilderness values,” the agency said in a statement.  “In that case, a permit must be applied for and granted before any photography is permitted.”

“Certain commercial enterprises” are prohibited, it added.

The “Proposed Directive for Commercial Filming in Wilderness”  — including fees up to $1,500 and fines as much as $1,000 — brought protests from Oregon Sen. Ron Wyden and Oregon Rep. Peter DeFazio.

Rep. Derek Kilmer, D-Wash., voiced concern for “the First Amendment rights of journalists. They should be able to have access to these public areas in order to communicate with the public — whether about potential environmental challenges or extraordinary natural assets.”

Back-country bureaucrats have become a bother in Kilmer’s district.  A National Park Service flack recently interfered with a journalist’s attempt to report on the moving of a historic building in the remote Enchanted Valley of Olympic National Park.

“If we as a nation are going to develop the next generation of conservationists, we need to ensure folks have access to — and appreciation of — our public lands and wilderness areas:  We should encourage people to visit them,” Kilmer told Tidwell in a letter.

It is precisely to “protect wilderness values”, and nudge people toward visits, that a division of Mountaineers Books — Braided River — has embarked on an ambitious series of large, exhibit format books.

The latest, “Crown of the Continent:  The Wildest Rockies,” features photography from the Bob Marshall Wilderness Area in Montana.  Another book, “The North Cascades: Finding beauty and Renewal in the World Nearby” is due out this fall.

Will the Forest Service interfere with projects bent on appreciation and conservation, but which offer a product — a book with gorgeous photography — for sale.

The agency, late Thursday, delivered a sprawling but confusing explanation.  It said:

“The proposal does not change the rules for visitors or recreational photographers. Generally, professional and amateur photographers will not need a permit unless they use models, actors or props, work in areas where the public is generally not allowed, or cause additional administrative costs.

“Currently, commercial filming permit fees range around $30 per day for a group of up to three people.  A large Hollywood production with 70 or more people might be as much as $800.  The $1,500 commercial permit fee cited in many publications is erroneous, and refers to a different proposed directive.”

A “different proposed directive”? What that is, the Forest Service did not say.

Public comment on the “Proposed Directive for Commercial Filming in Wilderness” was supposed to end on Nov. 3.  The Forest Service has extended the public comment period to Dec. 3 “based on the high level of interest.”

Read the proposed regulation here.

You can submit comments electronically by following the instructions at the federal eRulemaking portal at http://www.regulation.gov or submit comments via fax to 703–605– 5131 or 703–605–5106. Identify faxed comments by including ‘‘Commercial Filming in Wilderness’’ on the cover sheet or first page. Comments may also be submitted via mail to  Commercial Filming in Wilderness, USDA, Forest Service, Attn: Wilderness & Wild and Scenic Rivers (WWSR), 201 14th Street S.W., Mailstop Code: 1124,  Washington, DC 20250–1124. Email comments may be sent to: reply_lands@

fs.fed.us


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