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106TH CONGRESS

1ST SESSION H. R. 154

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.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1999

Mr. HEFLEY introduced the following bill; which was referred to the

Committee on Resources

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.

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

3 SECTION 1. FEE AUTHORITY AND REPEAL OF PROHIBI4 TION.

5 (a) AUTHORITY.—

6 (1) IN GENERAL.—The Secretary of the Inte7 rior (in this section referred to as the ‘‘Secretary’’)

8 may permit, under terms and conditions considered
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1 necessary by the Secretary, the use of lands and fa2 cilities administered by the Secretary for the making

3 of any motion picture, television production, sound4 track, or similar project, if the Secretary determines

5 that such use is appropriate and will not impair the

6 values and resources of the lands and facilities.

7 (2) FEES.—(A) Any permit under this section

8 shall require the payment of fees to the Secretary in

9 an amount determined to be appropriate by the Sec10 retary sufficient to provide a fair return to the gov11 ernment in accordance with subparagraph (B), ex12 cept as provided in subparagraph (C). The amount

13 of the fee shall be not less than the direct and indi14 rect costs to the Government for processing the ap15 plication for the permit and the use of lands and fa16 cilities under the permit, including any necessary

17 costs of cleanup and restoration, except as provided

18 in subparagraph (C).

19 (B) The authority of the Secretary to establish

20 fees under this paragraph shall include, but not be

21 limited to, authority to issue regulations that estab22 lish a schedule of rates for fees under this paragraph

23 based on such factors as—

24 (i) the number of people on site under a

25 permit;
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1 (ii) the duration of activities under a per2 mit;

3 (iii) the conduct of activities under a per4 mit in areas designated by statute or regula5 tions as special use areas, including wilderness

6 and research natural areas; and

7 (iv) surface disturbances authorized under

8 a permit.

9 (C) The Secretary may, under the terms of the

10 regulations promulgated under paragraph (4),

11 charge a fee below the amount referred to in sub12 paragraph (A) if the activity for which the fee is

13 charged provides clear educational or interpretive

14 benefits for the Department of the Interior.

15 (3) BONDING AND INSURANCE.—The Secretary

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

17 as may be necessary to protect the interests of the

18 United States in activities arising under such a per19 mit.

20 (4) REGULATIONS.—(A) The Secretary shall

21 issue regulations implementing this subsection by

22 not later than 180 days after the date of the enact23 ment of this Act.

24 (B) Within 3 years after the date of enactment

25 of this Act, the Secretary shall review and, as appro-
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1 priate, revise regulations issued under this para2 graph. After that time, the Secretary shall periodi3 cally review the regulations and make necessary

4 changes.

5 (b) COLLECTION OF FEES.—Fees shall be collected

6 under subsection (a) whenever the proposed filming,

7 videotaping, sound recording, or still photography involves

8 product or service advertisements, or the use of models,

9 actors, sets, or props, or when such filming, videotaping,

10 sound recording, or still photography could result in dam11 age to resources or significant disruption of normal visitor

12 uses. Filming, videotaping, sound recording or still pho13 tography, including bona fide newsreel or news television

14 film gathering, which does not involve the activities or im15 pacts identified herein, shall be permitted without fee.

16 (c) EXISTING REGULATIONS.—The prohibition on

17 fees set forth in paragraph (1) of section 5.1(b) of title

18 43, Code of Federal Regulations, shall cease to apply upon

19 the effective date of regulations under subsection (a).

20 Nothing in this section shall be construed to affect the

21 regulations set forth in part 5 of such title, other than

22 paragraph (1) thereof.

23 (d) PROCEEDS.—Amounts collected as fees under

24 this section shall be available for expenditure without fur25 ther appropriation and shall be distributed and used, with-
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1 out fiscal year limitation, in accordance with the formula

2 and purposes established for the Recreational Fee Dem3 onstration Program under section 315 of Public Law 104–

4 134.

5 (e) PENALTY.—A person convicted of violating any

6 regulation issued under subsection (a) shall be fined in

7 accordance with title 18, United States Code, or impris8 oned for not more than 6 months, or both, and shall be

9 ordered to pay all costs of the proceedings.

10 (f) EFFECTIVE DATE.—This section and the regula11 tions issued under this section shall become effective 180

12 days after the date of the enactment of this Act, except

13 that this subsection and the authority of the Secretary to

14 issue regulations under this section shall be effective on

15 the date of the enactment of this Act.

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