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Calendar No. 137
106th CONGRESS
1st Session
H. R. 154
[Report No. 106-67]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 13, 1999
Received; read twice and referred to the Committee on Energy and
Natural Resources
June 7, 1999
Reported by Mr. Murkowski, with an amendment and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. FEE AUTHORITY AND REPEAL OF PROHIBITION.</DELETED>
<DELETED> (a) Authority.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (i) the number of people on site under a
permit;</DELETED>
<DELETED> (ii) the duration of activities under a
permit;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (iv) surface disturbances authorized under
a permit.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
SECTION 1. COMMERCIAL FILMING.
(a) Commercial Filming Fee.--The Secretary of the Interior and the
Secretary of Agriculture (hereinafter individually referred to as the
``Secretary'' with respect to lands under their respective
jurisdiction) shall require a permit and shall establish a reasonable
fee for commercial filming activities or similar projects on Federal
lands administered by the Secretary. Such fee shall provide a fair
return to the United States and shall be based upon the following
criteria:
(1) The number of days the filming activity or similar
project takes place on Federal land under the Secretary's
jurisdiction.
(2) The size of the film crew present on Federal land under
the Secretary's jurisdiction.
(3) The amount and type of equipment present.
The Secretary may include other factors in determining an appropriate
fee as the Secretary deems necessary.
(b) Recovery of Costs.--The Secretary shall also collect any costs
incurred as a result of filming activities or similar project,
including but not limited to administrative and personnel costs. All
costs recovered shall be in addition to the fee assessed in subsection
(a).
(c) Still Photography.--(1) Except as provided in paragraph (2),
the Secretary shall not require a permit nor assess a fee for still
photography on lands administered by the Secretary if such photography
takes place where members of the public are generally allowed. The
Secretary may require a permit, fee, or both, if such photography takes
place at other locations where members of the public are generally not
allowed, or where additional administrative costs are likely.
The Secretary shall require and shall establish a reasonble fee for
still photography that uses models or props which are not a part of the
site's natural or cultural resources or administrative facilities.
(d) Protection of Resources.--The Secretary shall not permit any
filming, still photography or other related activity if the Secretary
determines--
(1) there is a likelihood of resource damage;
(2) there would be an unreasonable disruption of the
public's use and enjoyment of the site; or
(3) that the activity poses health or safety risks to the
public.
(e) Use of Proceeds.--(1) All fees collected under this Act shall
be available for expenditure by the Secretary, without further
appropriation, in accordance with the formula and purposes established
for the Recreational Fee Demonstration Program (Public Law 104-134).
All fees collected shall remain available until expended.
(2) All costs recovered under this Act shall be available for
expenditure by the Secretary, without further appropriation, at the
site where collected. All costs recovered shall remain available until
expended.
(f) Processing of Permit Applications.--The Secretary shall
establish a process to ensure that permit applicants for commercial
filming, still photography, or other activity are responded to in a
timely manner.
Amend the title so as to read ``An Act to allow the
Secretary of the Interior and the Secretary of Agriculture to
establish a fee system for commercial filming activities on
Federal land, and for other purposes.''.
Passed the House of Representatives April 12, 1999.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 137
106th CONGRESS
1st Session
H. R. 154
[Report No. 106-67]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
June 7, 1999
Reported with an amendment and an amendment to the title
Pages: 1 Other Popular 106th Congressional Bills Documents:
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