IIB

106TH CONGRESS

1ST SESSION H. R. 154

IN THE SENATE OF THE UNITED STATES

APRIL 13, 1999

Received; read twice and referred to the Committee on Energy and Natural

Resources

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. FEE AUTHORITY AND REPEAL OF PROHIBI2 TION.

3 (a) AUTHORITY.—

4 (1) IN GENERAL.—The Secretary of the Inte5 rior (in this section referred to as the ‘‘Secretary’’)

6 may permit, under terms and conditions considered

7 necessary by the Secretary, the use of lands and fa8 cilities administered by the Secretary for the making

9 of any motion picture, television production, sound10 track, or similar project, if the Secretary determines

11 that such use is appropriate and will neither impair

12 the values and resources of the lands and facilities

13 nor result in a significant disruption of normal vis14 itor 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), ex20 cept as provided in subparagraph (C). The amount

21 of the fee shall be not less than the direct and indi22 rect costs to the Government for processing the ap23 plication for the permit and the use of lands and fa24 cilities under the permit, including any necessary

25 costs of cleanup and restoration, except as provided

26 in subparagraph (C).
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1 (B) The authority of the Secretary to establish

2 fees under this paragraph shall include, but not be

3 limited to, authority to issue regulations that estab4 lish a schedule of rates for fees under this paragraph

5 based on such factors as—

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

7 permit;

8 (ii) the duration of activities under a per9 mit;

10 (iii) the conduct of activities under a per11 mit in areas designated by statute or regula12 tions as special use areas, including wilderness

13 and research natural areas; and

14 (iv) surface disturbances authorized under

15 a permit.

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

17 regulations promulgated under paragraph (4),

18 charge a fee below the amount referred to in sub19 paragraph (A) if the activity for which the fee is

20 charged provides clear educational or interpretive

21 benefits for the Department of the Interior.

22 (3) BONDING AND INSURANCE.—The Secretary

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

24 as may be necessary to protect the interests of the
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1 United States in activities arising under such a per2 mit.

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

4 issue regulations implementing this subsection by

5 not later than 180 days after the date of the enact6 ment of this Act.

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

8 of this Act, the Secretary shall review and, as appro9 priate, revise regulations issued under this para10 graph. After that time, the Secretary shall periodi11 cally review the regulations and make necessary

12 changes.

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

14 under subsection (a) whenever the proposed filming,

15 videotaping, sound recording, or still photography involves

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

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

18 sound recording, or still photography could result in dam19 age to resources or significant disruption of normal visitor

20 uses. Filming, videotaping, sound recording or still pho21 tography, including bona fide newsreel or news television

22 film gathering, which does not involve the activities or im23 pacts identified herein, shall be permitted without fee.

24 (c) EXISTING REGULATIONS.—The prohibition on

25 fees set forth in paragraph (1) of section 5.1(b) of title
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1 43, Code of Federal Regulations, shall cease to apply upon

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

3 Nothing in this section shall be construed to affect the

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

5 paragraph (1) thereof.

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

7 this section shall be available for expenditure without fur8 ther appropriation and shall be distributed and used, with9 out fiscal year limitation, in accordance with the formula

10 and purposes established for the Recreational Fee Dem11 onstration Program under section 315 of Public Law 104–

12 134.

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

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

15 accordance with title 18, United States Code, or impris16 oned for not more than 6 months, or both, and shall be

17 ordered to pay all costs of the proceedings.

18 (f) EFFECTIVE DATE.—This section and the regula19 tions issued under this section shall become effective 180

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

21 that this subsection and the authority of the Secretary to

22 issue regulations under this section shall be effective on

23 the date of the enactment of this Act.

Passed the House of Representatives April 12, 1999.

Attest: JEFF TRANDAHL,

Clerk.