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H.R. 1550 (eah) [Engrossed Amendment House] ...
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
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