IB

Union Calendar No. 40

106TH CONGRESS

1ST SESSION H. R. 154

[Report No. 106–75]

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

MARCH 23, 1999

Additional sponsor: Mr. UDALL of Colorado

MARCH 23, 1999

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on January 6, 1999]

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.
2

•HR 154 RH

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 PROHIBITION.

4 (a) AUTHORITY.—

5 (1) IN GENERAL.—The Secretary of the Interior

6 (in this section referred to as the ‘‘Secretary’’) may

7 permit, under terms and conditions considered nec8 essary by the Secretary, the use of lands and facilities

9 administered by the Secretary for the making of any

10 motion picture, television production, soundtrack, or

11 similar project, if the Secretary determines that such

12 use is appropriate and will neither impair the values

13 and resources of the lands and facilities nor result in

14 a significant disruption of normal visitor uses.

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

16 shall require the payment of fees to the Secretary in

17 an amount determined to be appropriate by the Sec18 retary sufficient to provide a fair return to the gov19 ernment in accordance with subparagraph (B), except

20 as provided in subparagraph (C). The amount of the

21 fee shall be not less than the direct and indirect costs

22 to the Government for processing the application for

23 the permit and the use of lands and facilities under

24 the permit, including any necessary costs of cleanup
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•HR 154 RH

1 and restoration, except as provided in subparagraph

2 (C).

3 (B) The authority of the Secretary to establish

4 fees under this paragraph shall include, but not be

5 limited to, authority to issue regulations that estab6 lish a schedule of rates for fees under this paragraph

7 based on such factors as—

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

9 permit;

10 (ii) the duration of activities under a per11 mit;

12 (iii) the conduct of activities under a per13 mit in areas designated by statute or regulations

14 as special use areas, including wilderness and

15 research natural areas; and

16 (iv) surface disturbances authorized under a

17 permit.

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

19 regulations promulgated under paragraph (4), charge

20 a fee below the amount referred to in subparagraph

21 (A) if the activity for which the fee is charged pro22 vides clear educational or interpretive benefits for the

23 Department of the Interior.

24 (3) BONDING AND INSURANCE.—The Secretary

25 may require a bond, insurance, or such other means
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•HR 154 RH

1 as may be necessary to protect the interests of the

2 United States in activities arising under such a per3 mit.

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

5 issue regulations implementing this subsection by not

6 later than 180 days after the date of the enactment

7 of this Act.

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

9 of this Act, the Secretary shall review and, as appro10 priate, revise regulations issued under this para11 graph. After that time, the Secretary shall periodi12 cally review the regulations and make necessary

13 changes.

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

15 under subsection (a) whenever the proposed filming,

16 videotaping, sound recording, or still photography involves

17 product or service advertisements, or the use of models, ac18 tors, sets, or props, or when such filming, videotaping,

19 sound recording, or still photography could result in dam20 age to resources or significant disruption of normal visitor

21 uses. Filming, videotaping, sound recording or still photog22 raphy, including bona fide newsreel or news television film

23 gathering, which does not involve the activities or impacts

24 identified herein, shall be permitted without fee.
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1 (c) EXISTING REGULATIONS.—The prohibition on fees

2 set forth in paragraph (1) of section 5.1(b) of title 43, Code

3 of Federal Regulations, shall cease to apply upon the effec4 tive date of regulations under subsection (a). Nothing in

5 this section shall be construed to affect the regulations set

6 forth in part 5 of such title, other than paragraph (1) there7 of.

8 (d) PROCEEDS.—Amounts collected as fees under this

9 section shall be available for expenditure without further

10 appropriation and shall be distributed and used, without

11 fiscal year limitation, in accordance with the formula and

12 purposes established for the Recreational Fee Demonstra13 tion Program under section 315 of Public Law 104–134.

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

15 regulation issued under subsection (a) shall be fined in ac16 cordance with title 18, United States Code, or imprisoned

17 for not more than 6 months, or both, and shall be ordered

18 to pay all costs of the proceedings.

19 (f) EFFECTIVE DATE.—This section and the regula20 tions issued under this section shall become effective 180

21 days after the date of the enactment of this Act, except that

22 this subsection and the authority of the Secretary to issue

23 regulations under this section shall be effective on the date

24 of the enactment of this Act.
Union Calendar No. 40

106TH CONGRESS

1ST SESSION H. R. 154

[Report No. 106–75]

A BILL

To provide for the collection of fees for the making

other purposes.tional Wildlife Refuge System units, and forsound tracks in National Park System and Naof motion pictures, television productions, and

MARCH 23, 1999

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,