IB
Union Calendar No. 40
106TH CONGRESS
1ST SESSION
H. R. 154
[Report No. 106–75]
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
MARCH 23, 1999
Additional sponsor: Mr. UDALL of Colorado
MARCH 23, 1999
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]
[For text of introduced bill, see copy of bill as introduced on January 6, 1999]
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 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, if the Secretary determines that such
use is appropriate and will neither impair the values
and resources of the lands and facilities nor result in
a significant disruption of normal visitor uses.
(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, under the terms of the
regulations promulgated under paragraph (4), charge
a fee below the amount referred to in subparagraph
(A) if the activity for which the fee is charged pro-
vides 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) 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, ac-
tors, 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 photog-
raphy, including bona fide newsreel or news television film
gathering, which does not involve the activities or impacts
identified herein, shall be permitted without fee.