; and (2) the holder of the commercial use authorization or special recreation permit is an individual or small business concern (within the meaning of section 3 of the Small Business Act ( 15 U.S.C. 632 )). (h) Exception From Certain Fees Commercial filming or commercial still photography shall be exempt from fees under this Act, but not from recovery of costs under subsection (e), if the activity is conducted— (1) by an entity that is a small business concern (within the meaning of section 3 of the Small Business Act ( 15 U.S.C. 632 )); (2) by a crew of not more than 5 individuals; and (3) using only a camera and tripod. (i) News Gathering Activities For the purposes of this section, news gathering shall not be considered a commercial activity. (j) Definitions For the purposes of this section— (1) the term commercial film crew means any persons present on Federal land or waterways under the jurisdiction of the Secretary who are associated with the production of a film; (2) the term news gathering includes, at a minimum, the gathering, recording, and filming of news and information related to news in any medium; and (3) the term Secretary means the Secretary of the Interior or the Secretary of Agriculture, as applicable, with respect to land under the respective jurisdiction of the Secretary. .