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 juris-
diction.
(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 appro-
priate 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 administra-
tive facilities.
(d) PROTECTION OF RESOURCES.—The Secretary shall not permit
any filming, still photography or other related activity if the Sec-
retary 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 estab-
lished 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.