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(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). 
§ 1053.06. 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 on Federal land administered by the Secretary. 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 on Federal land under the Secretary’s jurisdiction. 
(B) The size of the film crew present on Federal land under the 
Secretary’s jurisdiction. 
(C) The amount and type of equipment present. 
(2) OTHER FACTORS TO BE INCLUDED.—The Secretary may include 
other factors in determining an appropriate fee as the Secretary con-
siders necessary. 
(b) RECOVERY OF COSTS.—The Secretary shall collect any costs incurred 
as a result of filming activities or similar project, 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 
on land administered by the Secretary if the photography takes place 
where members of the public are generally allowed. The Secretary may 
require a permit, fee, or both, if the photography takes place at other 
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locations where members of the public are generally not allowed, or 
where additional 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) IN GENERAL.—All fees collected under this section shall be avail-
able for expenditure by the Secretary, without further appropriation, in 
accordance with the formula and purposes established for the Rec-
reational Fee Demonstration Program authorized by section 315 of the 
Department of the Interior and Related Agencies Appropriations Act, 
1996 (110 Stat. 1321–200). All fees collected shall remain available 
until expended. 
(2) AVAILABLE FOR EXPENDITURE WHERE COLLECTED.—All costs 
recovered under this section 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 estab-
lish a process to ensure that permit applicants for commercial filming, still 
photography, or other activity are responded to in a timely manner. 
§ 1053.07. Statement of estimated requirements 
There shall be submitted with the annual budget of the United States a 
comprehensive statement of estimated requirements during the ensuing fis-
cal year for appropriations from the Fund. Not less than 40 percent of such 
appropriations shall be available for Federal purposes. 
§ 1053.08. Financial assistance to States 
(a) AUTHORITY OF SECRETARY TO MAKE PAYMENTS.—The Secretary 
may provide financial assistance to the States from amounts available for 
State purposes. Payments may be made to the States by the Secretary as 
provided in this section, subject to such terms and conditions as the Sec-
retary considers appropriate and in the public interest to carry out the pur-
poses of this chapter, for outdoor recreation: 
(1) Planning. 
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(2) Acquisition of land, water, or interests in land or water. 
(3) Development. 
(b) APPORTIONMENT AMONG STATES.—Amounts appropriated and avail-
able for State purposes for each fiscal year shall be apportioned among the 
States by the Secretary, whose determination shall be final, in accordance 
with the following formula: 
(1) Forty percent of the first $225,000,000; 30 percent of the next 
$275,000,000; and 20 percent of all additional appropriations shall be 
apportioned equally among the States. 
(2) At any time, the remaining appropriation shall be apportioned 
on the basis of need to individual States by the Secretary in such 
amounts as in the Secretary’s judgment will best accomplish the pur-
poses of this chapter. The determination of need shall include a consid-
eration of—– 
(A) the proportion that the population of each State bears to 
the total population of the United States; 
(B) of the use of outdoor recreation resources of individual 
States by persons from outside the State; and 
(C) the Federal resources and programs in the particular 
States. 
(3) The total allocation to an individual State under paragraphs (1) 
and (2) shall not exceed 10 percent of the total amount allocated to 
the States in any one year. 
(4) The Secretary shall notify each State of its apportionments. The 
amounts shall be available for payment to the State for planning, ac-
quisition, or development projects as prescribed. Any amount of any 
apportionment that has not been paid or obligated by the Secretary 
during the fiscal year in which the notification is given and for 2 fiscal 
years thereafter shall be reapportioned by the Secretary in accordance 
with paragraph (2) without regard to the 10 percent limitation to an 
individual State specified in this subsection. 
(5) For the purposes of paragraph (1), the District of Columbia, 
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
Northern Mariana Islands shall be deemed to be one State, and shall 
receive shares of the apportionment in proportion to their populations.. 
(c) MATCHING REQUIREMENTS.—Payments to any State shall cover not 
more than 50 percent of the cost of planning, acquisition, or development 
projects that are undertaken by the State. The remaining share of the cost 
shall be borne by the State in a manner and with funds or services as shall 
be satisfactory to the Secretary. 
(d) COMPREHENSIVE STATE PLAN.— 
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(1) REQUIRED FOR CONSIDERATION OF FINANCIAL ASSISTANCE.—A 
comprehensive statewide outdoor recreation plan shall be required prior 
to the consideration by the Secretary of financial assistance for acquisi-
tion or development projects. The plan shall be adequate if, in the judg-
ment of the Secretary, it encompasses and will promote the purposes 
of this chapter. No plan shall be approved unless the chief executive 
officer of the State certifies that ample opportunity for public partici-
pation in plan development and revision has been accorded. The Sec-
retary shall develop, in consultation with others, criteria for public par-
ticipation, which criteria shall constitute the basis for the certification 
by the chief executive officer. The plan shall contain— 
(A) the name of the State agency that will have authority to 
represent and act for the State in dealing with the Secretary for 
purposes of this chapter; 
(B) an evaluation of the demand for and supply of outdoor 
recreation resources and facilities in the State; 
(C) a program for the implementation of the plan; and 
(D) other necessary information, as determined by the Sec-
retary. 
(2) FACTORS TO BE CONSIDERED.—The plan shall take into account 
relevant Federal resources and programs and shall be correlated so far 
as practicable with other State, regional, and local plans. Where there 
exists or is in preparation for any particular State a comprehensive 
plan financed in part with funds supplied by the Secretary of Housing 
and Urban Development, any statewide outdoor recreation plan pre-
pared for purposes of this part shall be based upon the same popu-
lation, growth, and other pertinent factors as are used in formulating 
plans financed by the Secretary of Housing and Urban Development. 
(3) PROVISION OF ASSISTANCE WHEN PLAN NOT OTHERWISE AVAIL-
ABLE OR TO MAINTAIN PLAN.—The Secretary may provide financial as-
sistance to any State for projects for the preparation of a comprehen-
sive statewide outdoor recreation plan when the plan is not otherwise 
available or for the maintenance of the plan. 
(4) WETLANDS.—A comprehensive statewide outdoor recreation plan 
shall specifically address wetlands within the State as an important 
outdoor recreation resource as a prerequisite to approval, except that 
a revised comprehensive statewide outdoor recreation plan shall not be 
required by the Secretary, if a State submits, and the Secretary, acting 
through the Director, approves, as a part of and as an addendum to 
the existing comprehensive statewide outdoor recreation plan, a wet-
lands priority plan developed in consultation with the State agency with 
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