[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2993 Introduced in House (IH)]







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 National Park 
    System and National Wildlife Refuge System units, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives 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 subsection (b). The fee 
shall be established by the Secretary on a case by case basis at the 
fair market value, as determined 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 subsection (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 effective 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 Secretary 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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