I
105TH CONGRESS
1ST SESSION
H. R. 2993
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
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.
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