II

106TH CONGRESS

1ST SESSION S. 338

To provide for the collection of fees for the making of motion pictures,

television productions, and sound tracks in units of the Department

of the Interior, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 3, 1999

Mr. CAMPBELL introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

A BILL

To provide for the collection of fees for the making of motion

pictures, television productions, and sound tracks in units

of the Department of the Interior, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. USE OF LAND; FEE AUTHORITY.

4 (a) AUTHORITY.—

5 (1) IN GENERAL.—The Secretary of the Inte6 rior (referred to in this Act as the ‘‘Secretary’’) may

7 permit the use of land and facilities in units admin8 istered by the Secretary for—
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1 (A) motion picture production;

2 (B) television production;

3 (C) soundtrack production;

4 (D) the production of an advertisement

5 using a prop or a model; or

6 (E) any similar commercial project.

7 (2) EXCEPTION.—The Secretary shall not per8 mit a use of land or a facility described in paragraph

9 (1) if the Secretary determines that a proposed

10 use—

11 (A) is not appropriate; or

12 (B) will impair the value or resources of

13 the land or facility.

14 (3) BONDING AND INSURANCE.—The Secretary

15 may require a bond, insurance, or such other means

16 as is necessary to protect the interests of the United

17 States in connection with an activity conducted

18 under a permit issued under this Act.

19 (b) FEES.—

20 (1) IN GENERAL.—For any use of land or a fa21 cility in a unit described in subsection (a), the Sec22 retary shall assess—

23 (A) a reimbursement fee; and

24 (B) a special use fee.

25 (2) REIMBURSEMENT FEE.—
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1 (A) IN GENERAL.—The Secretary shall re2 quire the payment of a reimbursement fee in an

3 amount that is not less than the amount of any

4 direct and indirect costs to the Government

5 incurred—

6 (i) in processing the application for a

7 permit for a use of land or facilities; and

8 (ii) as a result of the use of land and

9 facilities under the permit, including any

10 necessary costs of cleanup and restoration.

11 (B) FUNDS COLLECTED.—An amount

12 equal to the amount of a reimbursement fee col13 lected under this subparagraph shall—

14 (i) be retained by the Secretary; and

15 (ii) be available for use by the Sec16 retary, without further Act of appropria17 tion, in the unit in which the reimburse18 ment fee is collected.

19 (3) SPECIAL USE FEE.—

20 (A) FACTORS IN DETERMINING SPECIAL

21 USE FEE.—To determine the amount of a spe22 cial use fee, the Secretary shall establish a

23 schedule of rates sufficient to provide a fair re24 turn to the Government, based on factors such

25 as—
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1 (i) the number of people on site under

2 a permit;

3 (ii) the duration of activities under a

4 permit;

5 (iii) the conduct of activities under a

6 permit in any area designated by a statute

7 or regulation as a special use area, includ8 ing a wilderness or research natural area;

9 (iv) the amount of equipment on site

10 under a permit; and

11 (v) any disruption of normal park

12 function or accessibility, including tem13 porary closure of land or a facility to the

14 public.

15 (B) FUNDS COLLECTED.—A special use

16 fee under this subparagraph shall be distributed

17 as follows:

18 (i) 80 percent shall be deposited in a

19 special account in the Treasury, and shall

20 be available, without further Act of appro21 priation, for use by the supervisors of units

22 where the fee was collected.

23 (ii) 20 percent shall be deposited in a

24 special account in the Treasury, and shall

25 be available, without further Act of appro-
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1 priation, for use by supervisors of units in

2 the region where the fee was collected.

3 (4) EXCEPTIONS.—

4 (A) FEE WAIVER OR REDUCTION.—The

5 Secretary may waive a special use fee or charge

6 a reduced special use fee if the activity for

7 which the fee is charged provides clear edu8 cational or interpretive benefits for the Depart9 ment of the Interior or the public.

10 (B) REGULAR VISITOR ENTRANCE FEE.—

11 Nothing in this subsection affects the require12 ment that, in addition to fees under subpara13 graph (A), each individual entering a unit for

14 purposes described in subsection (a) shall pay

15 any regular visitor entrance fee charged to visi16 tors to the unit.

17 (c) REGULATIONS.—

18 (1) IN GENERAL.—Not later than 180 days

19 after the date of enactment of this Act, the Sec20 retary shall promulgate regulations that establish a

21 schedule of rates for fees collected under subsection

22 (b) based on factors listed in subsection

23 (b)(2)(C)(ii).

24 (2) REVIEW OF REGULATIONS.—
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1 (A) INITIAL REVIEW.—Not later than 3

2 years after the date of enactment of this Act,

3 the Secretary shall review and, as appropriate,

4 revise the regulations promulgated under this

5 subsection.

6 (B) CONTINUING REVIEW.—After the date

7 of promulgation of regulations under subpara8 graph (A), the Secretary shall periodically re9 view the regulations and make necessary revi10 sions.

11 (d) APPLICABILITY OF REGULATIONS.—

12 (1) PROHIBITION ON CERTAIN FEES.—The pro13 hibition on fees set forth in section 5.1(b)(1) of title

14 43, Code of Federal Regulations, shall cease to

15 apply beginning on the effective date of regulations

16 promulgated under this Act.

17 (2) EFFECT ON OTHER REGULATIONS.—Noth18 ing in this Act, other than paragraph (1), affects the

19 regulations set forth in part 5 of title 43, Code of

20 Federal Regulations.

21 (e) CIVIL PENALTY.—

22 (1) IN GENERAL.—A person that violates any

23 regulation promulgated under this Act, or conducts

24 or attempts to conduct an activity under subsection
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1 (a)(1) without obtaining a permit or paying a fee,

2 shall be assessed a civil penalty—

3 (A) for the first violation, in the amount

4 that is equal to twice the amount of the fees

5 charged (or fees that would have been charged)

6 under subsection (b)(2);

7 (B) for the second violation, in the amount

8 that is equal to 5 times the amount of the fees

9 charged (or fees that would have been charged)

10 under subsection (b)(2); and

11 (C) for the third and each subsequent vio12 lation, in the amount that is equal to 10 times

13 the amount of the fees charged (or fees that

14 would have been charged) under subsection

15 (b)(2).

16 (2) COSTS.—A person that violates this Act or

17 any regulation promulgated under this Act shall be

18 required to pay all costs of any proceedings insti19 tuted to enforce this subsection.

20 (f) EFFECTIVE DATE.—

21 (1) IN GENERAL.—Except as provided in para22 graph (2), this Act and the regulations promulgated

23 under this Act take effect 180 days after the date

24 of enactment of this Act.
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1 (2) EXCEPTION.—This subsection and the au2 thority of the Secretary to promulgate regulations

3 under subsection (c) take effect on the date of enact4 ment of this Act.

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