; and (B) by adding at the end the following: (2) Considerations The Secretary shall not consider subject matter or content as a criterion for issuing or denying a permit under this Act. ; and (8) by adding at the end the following: (h) Exemption from commercial filming or still photography permits and fees The Secretary shall not require persons holding commercial use authorizations or special recreation permits to obtain an additional permit or pay a fee for commercial filming or still photography under this Act if the filming or photography conducted is— (1) incidental to the permitted activity that is the subject of the commercial use authorization or special recreation permit; 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 )). (i) 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 (c), if the activity— (1) is conducted 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) is conducted by a crew of not more than 3 individuals; and (3) uses only a camera and tripod. (j) Applicability to news gathering activities (1) In general News gathering shall not be considered a commercial activity. (2) Included activities In this subsection, the term news gathering includes, at a minimum, the gathering, recording, and filming of news and information related to news in any medium. . (b) Conforming amendments Chapter 1009 of title 54, United States Code, is amended— (1) by striking section 100905