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Nothing in this section shall be construed to affect the
regulations set forth in part 5 of such title, other than
paragraph (1) thereof.
(d) PROCEEDS.—Amounts collected as fees under
this section shall be available for expenditure without fur-
ther appropriation and shall be distributed and used, with-
out fiscal year limitation, in accordance with the formula
and purposes established for the Recreational Fee Dem-
onstration 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
accordance with title 18, United States Code, or impris-
oned for not more than 6 months, or both, and shall be
ordered to pay all costs of the proceedings.
(f) 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.
SECTION 1. COMMERCIAL FILMING.
(a) COMMERCIAL FILMING FEE.—The Secretary of the
Interior and the Secretary of Agriculture (hereinafter indi-
vidually referred to as the ‘‘Secretary’’ with respect to lands
HR 154 RS
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 cri-
teria:
(1) The number of days the filming activity or
similar project takes place on Federal land under the
Secretary’s jurisdiction.
(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
appropriate 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 administra-
tive and personnel costs. All costs recovered shall be in addi-
tion 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 mem-
bers of the public are generally allowed. The Secretary may
require a permit, fee, or both, if such photography takes
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place at other locations where members of the public are
generally not allowed, or where additional administrative
costs are likely.
The Secretary shall require and shall establish a
reasonble fee for still photography that uses models or props
which are not a part of the site’s natural or cultural re-
sources or administrative facilities.
(d) PROTECTION OF RESOURCES.—The Secretary shall
not permit any filming, still photography or other related
activity if the Secretary determines—
(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) 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 for-
mula and purposes established 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 appro-
priation, at the site where collected. All costs recovered shall
remain available until expended.
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(f) PROCESSING OF PERMIT APPLICATIONS.—The Sec-
retary shall establish a process to ensure that permit appli-
cants for commercial filming, still photography, or other ac-
tivity are responded to in a timely manner.
Amend the title so as to read ‘‘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.’’.
Passed the House of Representatives April 12, 1999.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 137
106TH CONGRESS
1ST SESSION
H. R. 154
[Report No. 106–67]
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.
JUNE 7, 1999
Reported with an amendment and an amendment to the
title