BLM Press Release:Commercial Filmmaking on Public Lands

The Bureau of Land Management

NEWS

The Bureau of Land Management today published a final rule that allows the agency's general land-use permit decisions, including those relating to commercial filmmaking, to take effect immediately if the authorized use would have only a "minimum impact" on public land resources. "This new rule will streamline the BLM's process of issuing leases and permits," said BLM Acting Director Mike Dombeck. "A simplified process will save time and money, benefiting the commercial users of public lands and the taxpayers as well."

The final rule, published in today's Federal Register, allows permits that cause only minimum environmental impacts on public land resources to be issued expeditiously. To meet the "minimum impact" standard, a use must conform with existing BLM resource management plans, policies and programs. The use must also be consistent with any local zoning ordinances and all other legal requirements, including the National Environmental Policy Act and other resource, environment and health protection laws. The use must also not cause appreciable damage or disturbance to resources or improvements on the public lands.

Under the new rule, the BLM's decision to issue a minimum-impact permit will take effect immediately and will remain in effect during the time allowed for filing an administrative appeal to the Interior Board of Land Appeals (IBLA).

All leases, along with permits that do not meet the minimum-impact standard, will become effective only after a 30-day appeals period, and will not take effect during the IBLA's consideration of any appeal.

The new rule, which takes effect 30 days from today, is a step in a rulemaking process that will culminate in the publication of a final rule revising the general land-use lease and permit regulations in the Code of Federal Regulations (43 CFR part 2920). The rule published today, which deals only with the matter of appeals of BLM decisions to issue general land-use authorizations, is aimed at resolving a controversy that arose over the issuance of filming permits on BLM-managed public lands. Parties interested primarily in protecting the public lands from degradation due to commercial activities had appealed the BLM's issuance of permits for feature films in some areas. Other parties, mainly filmmakers and those providing services to them, objected to the delay of film projects caused by these appeals to the IBLA.

The BLM expects that the vast majority of permits that were issued under the previous regulatory language would have met the minimum-impact standards under the newly published rule. The Bureau expects that any issues raised during the application process will be resolved in consultation with the applicant and other affected parties before the need for appeal arises. In cases where an appellant wishes to appeal and seek a stay of the BLM's decision to issue a permit, a minimum-impact permit decision would remain in effect unless and until the IBLA rules on a stay petition.

Examples of other uses that may be the subject of minimum-impact permits are temporary facilities for scientific research, such as weather gauges, temporary storage of equipment, temporary storage of fodder, beekeeping, and similar uses with little or no environmental impact.

A subsequent final rule, expected to be published later this year, will streamline and simplify the application process for general leases and permits, and provide for the administration of those leases and permits by the BLM. The final rule published today does not cover such activities as recreation, grazing, mining, mineral leasing and timber sales, which are governed by other regulations. Nor does it cover activities for which no authorization is required, such as still photography that is not intended for advertising purposes.

A copy of the final rule may be obtained from any of the BLM's State Public Affairs Offices in the West or from the BLM's Washington, D.C., Public Affairs Office (202-452-5031).

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