IB
Union Calendar No. 384
105TH CONGRESS
2D SESSION
H. R. 2993
[Report No. 105–678]
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
NOVEMBER 9, 1997
Mr. HEFLEY introduced the following bill; which was referred to the
Committee on Resources
AUGUST 5, 1998
Additional sponsors: Mr. WHITFIELD, Mr. DUNCAN, and Mr. SKAGGS
AUGUST 5, 1998
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]
A BILL
To provide for the collection of fees for the making of motion
pictures, television productions, and sound tracks in Na-
tional Park System and National Wildlife Refuge System
units, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FEE AUTHORITY AND REPEAL OF EXEMPTION.
(a) AUTHORITY.—Under rules promulgated by the
Secretary of the Interior (hereinafter in this Act referred
to as the ‘‘Secretary’’), the Secretary shall collect a fee
from each person making any motion picture, television
production, or soundtrack for commercial purposes on any
area administered by the U.S. Fish and Wildlife Service
or the National Park Service, except as provided in sub-
section (b). The fee shall be established by the Secretary
on a case by case basis at the fair market value, as deter-
mined by the Secretary, of the use of such area for such
purpose, except that no fee shall be established at a level
less than the direct and indirect costs to the Government
for the use of the area, including any necessary costs of
clean-up and restoration.
(b) NEWS.—No fee shall be collected under sub-
section (a) for any bonafide newsreel or news television
production.
(c) EXISTING REGULATIONS.—The exemption from
fees set forth in the Secretary’s regulations contained in
paragraph (1) of section 5.1(b) of title 43 of the Code
of Federal Regulations shall cease to apply upon the effec-
tive date of regulations under subsection (a). Nothing in
this Act shall be construed to affect the provisions of the
regulations set forth in part 5 of title 43 of the United
States Code other than paragraph (1) thereof.
(d) PROCEEDS.—Proceeds from the fees collected
under this section shall be distributed in the same manner
as the recreation demonstration fees are distributed under
subsection (c) of section 315 of the Act of April 26, 1996
entitled ‘‘An Act making appropriations for fiscal year
1996 to make a further downpayment toward a balanced
budget, and for other purposes’’ (Public Law 104–134;
110 Stat. 1321–200; 16 U.S.C. 460l6a). Paragraph (1)
of subsection (d) of such section 315 shall apply to the
fees imposed under this Act in the same manner as such
paragraph applies to amounts collected under section 315.
(e) PENALTY.—If the Secretary finds that any person
has violated the regulations under subsection (a), the Sec-
retary may, after notice and opportunity for a hearing on
the record, impose a civil penalty on such person in an
amount not in excess of 200 percent of the fee that would
have been collected if such person had complied with such
regulations.
(f) DEFINITION.—For purposes of this Act, the term
‘‘commercial purposes’’ shall have such meaning as the
Secretary shall by rule prescribe, and shall include, but
not be limited to, advertising.
SECTION 1. FEE AUTHORITY AND REPEAL OF PROHIBITION.
(a) AUTHORITY.—
(1) IN GENERAL.—The Secretary of the Interior
(in this section referred to as the ‘‘Secretary’’) may
permit, under terms and conditions considered nec-
essary by the Secretary, the use of lands and facilities
administered by the Secretary for the making of any
motion picture, television production, soundtrack, or
similar project, for commercial purposes, if the Sec-
retary determines that such use is appropriate and
will not impair the values and resources of the lands
and facilities.
(2) FEES.—(A) Any permit under this section
shall require the payment of fees to the Secretary in
an amount determined to be appropriate by the Sec-
retary sufficient to provide a fair return to the gov-
ernment in accordance with subparagraph (B), except
as provided in subparagraph (C). The amount of the
fee shall be not less than the direct and indirect costs
to the Government for processing the application for
the permit and the use of lands and facilities under
the permit, including any necessary costs of cleanup
and restoration, except as provided in subparagraph
(C).
(B) The authority of the Secretary to establish
fees under this paragraph shall include, but not be
limited to, authority to issue regulations that estab-
lish a schedule of rates for fees under this paragraph
based on such factors as—
(i) the number of people on site under a
permit;
(ii) the duration of activities under a per-
mit;
(iii) the conduct of activities under a per-
mit in areas designated by statute or regulations
as special use areas, including wilderness and
research natural areas; and
(iv) surface disturbances authorized under a
permit.
(C) The Secretary may, on a case-by-case basis,
charge a fee below the amount referred to in subpara-
graph (A) if the activity for which the fee is charged
provides clear educational or interpretive benefits for
the Department of the Interior.
(3) BONDING AND INSURANCE.—The Secretary
may require a bond, insurance, or such other means
as may be necessary to protect the interests of the
United States in activities arising under such a per-
mit.
(4) REGULATIONS.—(A) The Secretary shall
issue regulations implementing this subsection by not
later than 180 days after the date of the enactment
of this Act.
(B) Within 3 years after the date of enactment
of this Act, the Secretary shall review and, as appro-
priate, revise regulations issued under this para-
graph. After that time, the Secretary shall periodi-
cally review the regulations and make necessary
changes.
(b) EXEMPTION FROM FEES.—No fee shall be collected
under subsection (a) for (A) any bona fide newsreel or news
television production or (B) still photography, except where
the photography involves product or service advertisements
and the use of models, sets, or props, or when such photog-
raphy could result in damage to park resources or signifi-
cant disruption of normal visitor uses.
(c) EXISTING REGULATIONS.—The prohibition on fees
set forth in paragraph (1) of section 5.1(b) of title 43, Code
of Federal Regulations, shall cease to apply upon the effec-
tive date of regulations under subsection (a). Nothing in
this section shall be construed to affect the regulations set
forth in part 5 of such title, other than paragraph (1) there-
of.
(d) PROCEEDS.—Amounts collected as fees under this
section shall be available for expenditure without further
appropriation and shall be distributed and used, without
fiscal year limitation, in accordance with the formula and
purposes established for the Recreational Fee Demonstra-
tion Program under section 315 of Public Law 104–134.
(e) PENALTY.—A person convicted of violating any
regulation issued under subsection (a) shall be fined in ac-
cordance with title 18, United States Code, or imprisoned
for not more than 6 months, or both, and shall be ordered
to pay all costs of the proceedings.
(f) DEFINITION.—For purposes of this section, the term
‘‘commercial purposes’’ shall have such meaning as the Sec-
retary shall by rule prescribe, and shall include, but not
be limited to, advertising.
(g) EFFECTIVE DATE.—This section and the regula-
tions issued under this section shall become effective 180
days after the date of the enactment of this Act, except that
this subsection and the authority of the Secretary to issue
regulations under this section shall be effective on the date
of the enactment of this Act.
Union Calendar No. 384
105TH CONGRESS
2D SESSION
H. R. 2993
[Report No. 105–678]
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 Na-
tional Wildlife Refuge System units, and for
other purposes.
AUGUST 5, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed