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


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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

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