Home > 106th Congressional Bills > H.R. 154 (rh) To provide for the collection of fees for the making of motion pictures, television productions, and sound tracks in National Park System and National Wildlife Refuge System units, and for other purposes. [Reported in House] ...H.R. 154 (rh) To provide for the collection of fees for the making of motion pictures, television productions, and sound tracks in National Park System and National Wildlife Refuge System units, and for other purposes. [Reported in House] ...
106th CONGRESS
1st Session
H. R. 154
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 13, 1999
Received; read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
AN ACT
To provide for the collection of fees for the making of motion
pictures, television productions, and sound tracks in National Park
System and National Wildlife Refuge System units, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FEE AUTHORITY AND REPEAL OF PROHIBITION.
(a) Authority.--
(1) In general.--The Secretary of the Interior (in this
section referred to as the ``Secretary'') may permit, under
terms and conditions considered necessary by the Secretary, the
use of lands and facilities administered by the Secretary for
the making of any motion picture, television production,
soundtrack, or similar project, if the Secretary determines
that such use is appropriate and will neither impair the values
and resources of the lands and facilities nor result in a
significant disruption of normal visitor uses.
(2) Fees.--(A) Any permit under this section shall require
the payment of fees to the Secretary in an amount determined to
be appropriate by the Secretary sufficient to provide a fair
return to the government in accordance with subparagraph (B),
except as provided in subparagraph (C). The amount of the fee
shall be not less than the direct and indirect costs to the
Government for processing the application for the permit and
the use of lands and facilities under the permit, including any
necessary costs of cleanup and restoration, except as provided
in subparagraph (C).
(B) The authority of the Secretary to establish fees under
this paragraph shall include, but not be limited to, authority
to issue regulations that establish a schedule of rates for
fees under this paragraph based on such factors as--
(i) the number of people on site under a permit;
(ii) the duration of activities under a permit;
(iii) the conduct of activities under a permit in
areas designated by statute or regulations as special
use areas, including wilderness and research natural
areas; and
(iv) surface disturbances authorized under a
permit.
(C) The Secretary may, under the terms of the regulations
promulgated under paragraph (4), charge a fee below the amount
referred to in subparagraph (A) if the activity for which the
fee is charged provides clear educational or interpretive
benefits for the Department of the Interior.
(3) Bonding and insurance.--The Secretary may require a
bond, insurance, or such other means as may be necessary to
protect the interests of the United States in activities
arising under such a permit.
(4) Regulations.--(A) The Secretary shall issue regulations
implementing this subsection by not later than 180 days after
the date of the enactment of this Act.
(B) Within 3 years after the date of enactment of this Act,
the Secretary shall review and, as appropriate, revise
regulations issued under this paragraph. After that time, the
Secretary shall periodically review the regulations and make
necessary changes.
(b) Collection of Fees.--Fees shall be collected under subsection
(a) whenever the proposed filming, videotaping, sound recording, or
still photography involves product or service advertisements, or the
use of models, actors, sets, or props, or when such filming,
videotaping, sound recording, or still photography could result in
damage to resources or significant disruption of normal visitor uses.
Filming, videotaping, sound recording or still photography, including
bona fide newsreel or news television film gathering, which does not
involve the activities or impacts identified herein, shall be permitted
without fee.
(c) Existing Regulations.--The prohibition on fees set forth in
paragraph (1) of section 5.1(b) of title 43, Code of Federal
Regulations, shall cease to apply upon the effective date of
regulations under subsection (a). Nothing in this section shall be
construed to affect the regulations set forth in part 5 of such title,
other than paragraph (1) thereof.
(d) Proceeds.--Amounts collected as fees under this section shall
be available for expenditure without further appropriation and shall be
distributed and used, without fiscal year limitation, in accordance
with the formula and purposes established for the Recreational Fee
Demonstration Program under section 315 of Public Law 104-134.
(e) Penalty.--A person convicted of violating any regulation issued
under subsection (a) shall be fined in accordance with title 18, United
States Code, or imprisoned for not more than 6 months, or both, and
shall be ordered to pay all costs of the proceedings.
(f) Effective Date.--This section and the regulations issued under
this section shall become effective 180 days after the date of the
enactment of this Act, except that this subsection and the authority of
the Secretary to issue regulations under this section shall be
effective on the date of the enactment of this Act.
Passed the House of Representatives April 12, 1999.
Attest:
JEFF TRANDAHL,
Clerk.
Pages: 1 Other Popular 106th Congressional Bills Documents:
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