DeFazio demands changes to proposed wilderness rules

The Statesman Journal
By Zac Urness
September 29, 2014

Oregon Rep. Peter DeFazio and three other members of the House Natural Resources Committee demanded the U.S. Forest Service change a controversial set of rules governing commercial photography and filming in federal wilderness areas in a letter sent Monday.

After facing nationwide outrage over a proposal limiting media access and filming in 36 million acres of wilderness managed by the agency, U.S. Forest Service chief Tom Tidwell made assurances last week that he'd consider changes so the rules didn't violate the First Amendment or infringe on hobbyist photographers who wanted to sell their work.

But those assurances weren't enough for the leadership of the committee, which seeks changes in the language of the rules to clarify the definition of "commercial" and rescind a provision giving the agency power to judge the content of a project.

"We ask that you revise this directive and specifically rescind a provision that would appear to limit the freedom to film in wilderness areas based on the views or intent of the photographer," said a letter signed by Rep. Doc Hastings, R-Wash., Rep. Raul Grijalva, D-Ariz., and Rep. Rob Bishop, R-Utah.

The provision in question gives the Forest Service authority to judge the content of any project by a journalist, filmmaker, nonprofit or member of the public prior to filming and charge them a fee for a special use permit.

If a Forest Service official didn't think the project or story had the "primary objective of dissemination of information about the use and enjoyment of wilderness …" they could deny the permit.

"The newly proposed directive ... could have serious implications on the First Amendment rights of Americans by creating parameters on what is deemed an acceptable use of filming in congressionally-designated wilderness areas," the letter says. "We do not believe the Forest Service, or any other agency should be in the business of determining what type of information can be disseminated to the public."

The committee also was troubled by the muddy definition of what constituted "commercial."

"This provision provide the public very little clarity on what commercial filming and photography would need a permit," the letter said.

The proposed rules are in a public comment period that will last until Dec. 3.