H. R. 154

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. COMMERCIAL FILMING.

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

and the Secretary of Agriculture (hereafter 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.

(2) The Secretary shall require and shall establish a reasonable

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;
H. R. 154—2

(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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.