HR 1950 RFS 
(1) WITHHOLDING OF AMOUNTS.—Notwithstanding section 107 of 
the Department of the Interior and Related Agencies Appropriations 
Act, 1998 (Public Law 105–83, 111 Stat. 1561), the Secretary shall 
withhold from the special account under section 807(a) of the Federal 
Lands Recreation Enhancement Act (16 U.S.C. 6806(a)) 100 percent 
of the fees and charges collected in connection with any System unit 
at which entrance fees or admission fees cannot be collected by reason 
of deed restrictions. 
(2) USE OF AMOUNTS.—Amounts withheld under paragraph (1) shall 
be retained by the Secretary and shall be available, without further ap-
propriation, for expenditure by the Secretary for the System unit with 
respect to which the amounts were collected for the purposes of en-
hancing the quality of the visitor experience, protection of resources, 
repair and maintenance, interpretation, signage, habitat or facility en-
hancement, resource preservation, annual operation (including fee col-
lection), maintenance, and law enforcement. 
(b) ALLOCATION OF FUNDS TO SYSTEM UNITS.— 
(1) ALLOCATION OF FUNDS ON BASIS OF NEED.—Ten percent of the 
funds made available to the Director under subsection (a) in each fiscal 
year shall be allocated among System units on the basis of need in a 
manner to be determined by the Director. 
(2) ALLOCATION OF FUNDS BASED ON EXPENSES AND BASED ON 
FEES COLLECTED.— 
(A) IN GENERAL.—Forty percent of the funds made available 
to the Director under subsection (a) in each fiscal year shall be 
allocated among System units in accordance with subparagraph 
(B) of this subsection and 50 percent shall be allocated in accord-
ance with subparagraph (C). 
(B) ALLOCATION BASED ON EXPENSES.–The amount allocated 
to each System unit under this paragraph for each fiscal year 
based on expenses shall be a fraction of the total allocation to all 
System units under this paragraph. The fraction for each System 
unit shall be determined by dividing the operating expenses at that 
System unit during the prior fiscal year by the total operating ex-
penses at all System units during the prior fiscal year. 
(C) ALLOCATION BASED ON FEES COLLECTED.—The amount 
allocated to each System unit under this paragraph for each fiscal 
year based on fees collected shall be a fraction of the total alloca-
tion to all System units under this paragraph. The fraction for 
each System unit shall be determined by dividing the user fees and 
admission fees collected under this section at that System unit 
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HR 1950 RFS 
during the prior fiscal year by the total of user fees and admission 
fees collected under this section at all System units during the 
prior fiscal year. 
(3) AVAILABILITY OF AMOUNTS.—Amounts allocated under this sub-
section to any System unit for any fiscal year and not expended in that 
fiscal year shall remain available for expenditure at that System unit 
until expended. 
(c) SELLING OF PERMITS.— 
(1) AUTHORITY TO SELL PERMITS.—When authorized by the Sec-
retary, volunteers at System units may sell permits and collect fees au-
thorized or established pursuant to this section. The Secretary shall en-
sure that the volunteers have adequate training regarding— 
(A) the sale of permits and the collection of fees; 
(B) the purposes and resources of the System units in which 
they are assigned; and 
(C) the provision of assistance and information to visitors to the 
System unit. 
(2) SURETY BOND REQUIRED.—The Secretary shall require a surety 
bond for any such volunteer performing services under this subsection. 
Funds available to the Service may be used to cover the cost of the 
surety bond. The Secretary may enter into arrangements with qualified 
public or private entities pursuant to which the entities may sell (with-
out cost to the United States) annual admission permits (including 
Golden Eagle Passports) at any appropriate location. The arrange-
ments shall require each such entity to reimburse the United States for 
the full amount to be received from the sale of the permits at or before 
the Secretary delivers the permits to the entity for sale. 
(d) CHARGE FOR TRANSPORTATION PROVIDED BY SERVICE FOR VIEWING 
SYSTEM UNITS.— 
(1) CHARGE WHEN TRANSPORTATION PROVIDED.—Where the Serv-
ice provides transportation to view all or a portion of any System unit, 
the Director may impose a charge for the service in lieu of an admis-
sion fee under this section. 
(2) RETENTION OF CHARGE AND USE OF RETAINED AMOUNT.—Not-
withstanding any other provision of law, half of the charges imposed 
under paragraph (1) shall be retained by the System unit at which the 
service was provided. The remainder shall be deposited in the same 
manner as receipts from fees collected pursuant to this section. Fifty 
percent of the amount retained shall be expended only for maintenance 
of transportation systems at the System unit where the charge was im-
posed. The remaining 50 percent of the retained amount shall be ex-
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HR 1950 RFS 
pended only for activities related to resource protection at those System 
units. 
(e) ADMISSION FEES.–Where the primary public access to a System unit 
is provided by a concessioner, the Secretary may charge an admission fee 
at the System unit only to the extent that the total of the fee charged by 
the concessioner for access to the System unit and the admission fee does 
not exceed the maximum amount of the admission fee thate could otherwise 
be imposed. 
(f) COMMERCIAL TOUR USE FEES.— 
(1) ESTABLISHMENT.—In the case of each System unit for which an 
admission fee is charged under this section, the Secretary shall estab-
lish a commercial tour use fee to be imposed on each vehicle entering 
the System unit for the purpose of providing commercial tour services 
within the System unit. 
(2) AMOUNT.—The Secretary shall establish the amount of fee per 
entry as follows: 
(A) Twenty-five dollars per vehicle with a passenger capacity of 
25 individuals or less. 
(B) Fifty dollars per vehicle with a passenger capacity of more 
than 25 individuals. 
(3) ADJUSTMENTS.—The Secretary may periodically make reason-
able adjustments to the commercial tour use fee imposed under this 
subsection. 
(4) NONAPPLICABILITY.—The commercial tour use fee imposed 
under this subsection shall not apply to the following: 
(A) Any vehicle transporting organized school groups or outings 
conducted for educational purposes by schools or other bona fide 
educational institutions. 
(B) Any vehicle entering a System unit pursuant to a contract 
issued under subchapter II of chapter 1019 of this title. 
(5) APPLICABILITY.—This subsection shall apply to aircraft entering 
the airspace of— 
(A) Haleakala¯ Crater, Crater Cabins, the Scientific Research 
Reserve, Halemauu Trail, Kaupo Gap Trail, or any designated 
tourist viewpoint in Haleakala¯ National Park or of Grand Canyon 
National Park; or 
(B) any other System unit for the specific purpose of providing 
commercial tour services if the Secretary determines that the level 
of the services is equal to or greater than the level at the System 
units specified in subparagraph (A). 
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HR 1950 RFS 
§ 100905. Commercial filming 
(a) COMMERCIAL FILMING FEE.— 
(1) IN GENERAL.—The Secretary shall require a permit and shall es-
tablish a reasonable fee for commercial filming activities or similar 
projects in a System unit. The fee shall provide a fair return to the 
United States and shall be based on the following criteria: 
(A) The number of days the filming activity or similar project 
takes place in the System unit. 
(B) The size of the film crew present in the System unit. 
(C) The amount and type of equipment present in the System 
unit. 
(2) OTHER FACTORS.—The Secretary may include other factors in 
determining an appropriate fee as the Secretary considers necessary. 
(b) RECOVERY OF COSTS.—The Secretary shall collect any costs incurred 
as a result of filming activities or similar projects, including administrative 
and personnel costs. All costs recovered shall be in addition to the fee as-
sessed in subsection (a). 
(c) STILL PHOTOGRAPHY.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the Sec-
retary shall not require a permit or assess a fee for still photography 
in a System unit if the photography takes place where members of the 
public are generally allowed. The Secretary may require a permit, as-
sess a fee, or both, if the photography takes place at other locations 
where members of the public are generally not allowed, or where addi-
tional administrative costs are likely. 
(2) EXCEPTION.—The Secretary shall require and shall establish a 
reasonable fee for still photography that uses models or props that 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 deter-
mines that— 
(1) there is a likelihood of resource damage; 
(2) there would be an unreasonable disruption of the public’s use 
and enjoyment of the site; or 
(3) the activity poses health or safety risks to the public. 
(e) USE OF PROCEEDS.— 
(1) FEES.—All fees collected under this section shall be available for 
expenditure by the Secretary, without further appropriation and shall 
remain available until expended. 
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