In the Senate of the United States,

November 19, 1999.

Resolved, That the bill from the House of Representatives (H.R. 154) entitled ‘‘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.’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. COMMERCIAL FILMING.

2 (a) COMMERCIAL FILMING FEE.—The Secretary of the

3 Interior and the Secretary of Agriculture (hereinafter indi4 vidually referred to as the ‘‘Secretary’’ with respect to lands

5 under their respective jurisdiction) shall require a permit

6 and shall establish a reasonable fee for commercial filming

7 activities or similar projects on Federal lands administered

8 by the Secretary. Such fee shall provide a fair return to
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1 the United States and shall be based upon the following cri2 teria:

3 (1) The number of days the filming activity or

4 similar project takes place on Federal land under the

5 Secretary’s jurisdiction.

6 (2) The size of the film crew present on Federal

7 land under the Secretary’s jurisdiction.

8 (3) The amount and type of equipment present.

9 The Secretary may include other factors in determining an

10 appropriate fee as the Secretary deems necessary.

11 (b) RECOVERY OF COSTS.—The Secretary shall also

12 collect any costs incurred as a result of filming activities

13 or similar project, including but not limited to administra14 tive and personnel costs. All costs recovered shall be in addi15 tion to the fee assessed in subsection (a).

16 (c) STILL PHOTOGRAPHY.—(1) Except as provided in

17 paragraph (2), the Secretary shall not require a permit nor

18 assess a fee for still photography on lands administered by

19 the Secretary if such photography takes place where mem20 bers of the public are generally allowed. The Secretary may

21 require a permit, fee, or both, if such photography takes

22 place at other locations where members of the public are

23 generally not allowed, or where additional administrative

24 costs are likely.
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1 (2) The Secretary shall require and shall establish a

2 reasonable fee for still photography that uses models or

3 props which are not a part of the site’s natural or cultural

4 resources or administrative facilities.

5 (d) PROTECTION OF RESOURCES.—The Secretary shall

6 not permit any filming, still photography or other related

7 activity if the Secretary determines—

8 (1) there is a likelihood of resource damage;

9 (2) there would be an unreasonable disruption of

10 the public’s use and enjoyment of the site; or

11 (3) that the activity poses health or safety risks

12 to the public.

13 (e) USE OF PROCEEDS.—(1) All fees collected under

14 this Act shall be available for expenditure by the Secretary,

15 without further appropriation, in accordance with the for16 mula and purposes established for the Recreational Fee

17 Demonstration Program (Public Law 104–134). All fees

18 collected shall remain available until expended.

19 (2) All costs recovered under this Act shall be available

20 for expenditure by the Secretary, without further appro21 priation, at the site where collected. All costs recovered shall

22 remain available until expended.

23 (f) PROCESSING OF PERMIT APPLICATIONS.—The Sec24 retary shall establish a process to ensure that permit appli-
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1 cants for commercial filming, still photography, or other ac2 tivity 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.’’.

Attest:

Secretary.
106TH CONGRESS

1ST SESSION H. R. 154

AMENDMENTS