I
106TH CONGRESS
1ST SESSION
H. R. 154
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
JANUARY 6, 1999
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 PROHIBI-
TION.
(a) AUTHORITY.—
(1) IN GENERAL.—The Secretary of the Inte-
rior (in this section referred to as the ‘‘Secretary’’)
may permit, under terms and conditions considered
necessary by the Secretary, the use of lands and fa-
cilities administered by the Secretary for the making
of any motion picture, television production, sound-
track, or similar project, if the Secretary 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), ex-
cept as provided in subparagraph (C). The amount
of the fee shall be not less than the direct and indi-
rect costs to the Government for processing the ap-
plication for the permit and the use of lands and fa-
cilities 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 regula-
tions as special use areas, including wilderness
and research natural areas; and
(iv) surface disturbances authorized under
a permit.
(C) The Secretary may, under the terms of the
regulations promulgated under paragraph (4),
charge a fee below the amount referred to in sub-
paragraph (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 enact-
ment 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) COLLECTION OF FEES.—Fees shall be collected
under subsection (a) whenever the proposed filming,
videotaping, sound recording, or still photography involves
product or service advertisements, or the use of models,
actors, sets, or props, or when such filming, videotaping,
sound recording, or still photography could result in dam-
age to resources or significant disruption of normal visitor
uses. Filming, videotaping, sound recording or still pho-
tography, including bona fide newsreel or news television
film gathering, which does not involve the activities or im-
pacts identified herein, shall be permitted without fee.
(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 effective 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) 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.
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