[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2993 Referred in Senate (RFS)]

  2d Session
                                H. R. 2993


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 16, 1998

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
    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 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 necessary 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 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 Secretary sufficient to provide a fair 
        return to the government 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 establish 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 permit;
                    (iii) the conduct of activities under a permit 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 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 permit.
            (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 appropriate, revise 
        regulations issued under this paragraph. After that time, the 
        Secretary shall periodically 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 
damage to resources or significant disruption of normal visitor uses. 
Filming, videotaping, sound recording or still photography, including 
bona fide newsreel or news television film gathering, which does not 
involve the activities or impacts 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 further appropriation and shall be 
distributed and used, without fiscal year limitation, in accordance 
with the formula and purposes established for the Recreational Fee 
Demonstration 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 imprisoned 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 regulations 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.

            Passed the House of Representatives September 15, 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.