195 
§ 320301. National monuments 
(a) PRESIDENTIAL DECLARATION.—The President may, in the President’s 
discretion, declare by public proclamation historic landmarks, historic and 
prehistoric structures, and other objects of historic or scientific interest that 
are situated on land owned or controlled by the Federal Government to be 
national monuments. 
(b) RESERVATION OF LAND.—The President may reserve parcels of land as 
a part of the national monuments. The limits of the parcels shall be confined 
to the smallest area compatible with the proper care and management of the 
objects to be protected. 
(c) RELINQUISHMENT TO FEDERAL GOVERNMENT.—When an object is situ-
ated on a parcel covered by a bona fide unperfected claim or held in private 
ownership, the parcel, or so much of the parcel as may be necessary for the 
proper care and management of the object, may be relinquished to the Federal 
Government and the Secretary may accept the relinquishment of the parcel 
on behalf of the Federal Government. 
(d) LIMITATION ON EXTENSION OR ESTABLISHMENT OF NATIONAL MONU-
MENTS IN WYOMING.—No extension or establishment of national monuments 
in Wyoming may be undertaken except by express authorization of Congress. 
§ 320302. Permits 
(a) AUTHORITY TO GRANT PERMIT.—The Secretary, the Secretary of Agri-
culture, or the Secretary of the Army may grant a permit for the examination 
of ruins, the excavation of archeological sites, and the gathering of objects of 
antiquity on land under their respective jurisdictions to an institution that 
the Secretary concerned considers properly qualified to conduct the examina-
tion, excavation, or gathering, subject to such regulations as the Secretary 
concerned may prescribe. 
(b) PURPOSE OF EXAMINATION, EXCAVATION, OR GATHERING.—A permit 
may be granted only if— 
(1) the examination, excavation, or gathering is undertaken for the 
benefit of a reputable museum, university, college, or other recognized sci-
entific or educational institution, with a view to increasing the knowl-
edge of the objects; and 
(2) the gathering shall be made for permanent preservation in a public 
museum. 
§ 320303. Regulations 
The Secretary, the Secretary of Agriculture, and the Secretary of the Army 
shall make and publish uniform regulations for the purpose of carrying out 
this chapter. 
SEC. 4. CONFORMING AMENDMENTS. 
(a) TITLE 18.— 
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(1) IN GENERAL.—Chapter 91 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘§ 1865. National Park Service 
‘‘(a) VIOLATION OF REGULATIONS RELATING TO USE AND MANAGEMENT 
OF NATIONAL PARK SYSTEM UNITS.—A person that violates any regulation 
authorized by section 100751(a) of title 54 shall be imprisoned not more than 
6 months, fined under this title, or both, and be adjudged to pay all cost of 
the proceedings. 
‘‘(b) FINANCIAL DISCLOSURE BY OFFICERS OR EMPLOYEES PERFORMING 
FUNCTIONS
OR DUTIES UNDER SUBCHAPTER III OF CHAPTER 1007 OF 
TITLE 54.—An officer or employee of the Department of the Interior who is 
subject to, and knowingly violates, section 100737 of title 54 or any regulation 
prescribed under that section shall be imprisoned not more than one year, 
fined under this title, or both. 
‘‘(c) OFFENSES RELATING TO STRUCTURES AND VEGETATION.—A person 
that willfully destroys, mutilates, defaces, injures, or removes any monument, 
statue, marker, guidepost, or other structure, or that willfully destroys, cuts, 
breaks, injures, or removes any tree, shrub, or plant within a national mili-
tary park shall be imprisoned not less than 15 days nor more than one year, 
fined under this title but not less than $10 for each monument, statue, mark-
er, guidepost, or other structure, tree, shrub, or plant that is destroyed, de-
faced, injured, cut, or removed, or both. 
‘‘(d) TRESPASSING IN A NATIONAL MILITARY PARK TO HUNT OR SHOOT.— 
An individual who trespasses in a national military park to hunt or shoot, 
or hunts game of any kind in a national military park with a gun or dog, 
or sets a trap or net or other device in a national military park to hunt or 
catch game of any kind, shall be imprisoned not less than 5 nor more than 
30 days, fined under this title, or both. 
‘‘§ 1866. Historic, archeologic, or prehistoric items and antiq-
uities 
‘‘(a) VIOLATION OF REGULATIONS AUTHORIZED BY CHAPTER 3201 OF 
TITLE 54.—A person that violates any of the regulations authorized by chap-
ter 3201 of title 54 shall be fined under this title and be adjudged to pay 
all cost of the proceedings. 
‘‘(b) APPROPRIATION OF, INJURY TO, OR DESTRUCTION OF HISTORIC OR 
PREHISTORIC RUIN OR MONUMENT OR OBJECT OF ANTIQUITY.—A person 
that appropriates, excavates, injures, or destroys any historic or prehistoric 
ruin or monument or any other object of antiquity that is situated on land 
owned or controlled by the Federal Government without the permission of the 
head of the Federal agency having jurisdiction over the land on which the 
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object is situated, shall be imprisoned not more than 90 days, fined under 
this title, or both.’’. 
(2) TABLE OF CONTENTS.—The table of contents of chapter 91 of title 
18, United States Code, is amended by adding at the end the following: 
‘‘1865.
National Park Service. 
‘‘1866.
Historic, archeologic, or prehistoric items and antiquities.’’. 
(b) TITLE 28.— 
(1) IN GENERAL.—Part VI of title 28, United States Code, is amended 
by adding at the end the following: 
‘‘CHAPTER 190—MISCELLANEOUS 
‘‘Sec. 
‘‘5001.
Civil action for death or personal injury in a place subject to exclusive jurisdiction of 
United States. 
‘‘§ 5001. Civil action for death or personal injury in a place 
subject to exclusive jurisdiction of United States 
‘‘(a) DEATH.—In the case of the death of an individual by the neglect or 
wrongful act of another in a place subject to the exclusive jurisdiction of the 
United States within a State, a right of action shall exist as though the place 
were under the jurisdiction of the State in which the place is located. 
‘‘(b) PERSONAL INJURY.—In a civil action brought to recover on account 
of an injury sustained in a place described in subsection (a), the rights of 
the parties shall be governed by the law of the State in which the place is 
located.’’. 
(2) TABLE OF CONTENTS.—The table of contents of part VI of title 28, 
United States Code, is amended by adding at the end the following: 
‘‘190. Miscellaneous .....................................................................................................
5001’’. 
(c) ACT OF MAY 26, 2000.—Section 1 of Public Law 106–206 (114 Stat. 
314) is amended to read as follows: 
‘‘SECTION 1. COMMERCIAL FILMING. 
‘‘(a) COMMERCIAL FILMING FEE.— 
‘‘(1) IN GENERAL.—The Secretary of the Interior or the Secretary of 
Agriculture (hereafter individually referred to as the ‘Secretary’ with re-
spect to land (except land in a System unit as defined in section 100102 
of title 54, United States Code) under their respective jurisdictions) shall 
require a permit and shall establish a reasonable fee for commercial film-
ing 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. 
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‘‘(C) The amount and type of equipment present. 
‘‘(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 project, including administrative 
and personnel costs. All costs recovered shall be in addition to the fee assessed 
in subsection (a). 
‘‘(c) STILL PHOTOGRAPHY.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the Sec-
retary shall not require a permit nor assess a fee for still photography 
on land administered by the Secretary if such photography takes place 
where members of the public are generally allowed. The Secretary may 
require a permit, fee, or both, if such photography takes place at other 
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 which 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 determines 
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. 
‘‘(2) COSTS.—All costs recovered under this section shall be available 
for expenditure by the Secretary, without further appropriation, at the 
site where the costs are collected and shall remain available until ex-
pended. 
‘‘(f) PROCESSING OF PERMIT APPLICATIONS.—The Secretary shall establish 
a process to ensure that the Secretary responds in a timely manner to permit 
applicants for commercial filming, still photography, or other activity.’’. 
(d) PUBLIC LAW 111–24.—Section 512 of Public Law 111–24 (123 Stat. 
1764) is amended to read as follows: 
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