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






                                                 Union Calendar No. 384
105th CONGRESS
  2d Session
                                H. R. 2993

                          [Report No. 105-678]

    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

                             August 5, 1998

     Additional sponsors: Mr. Whitfield, Mr. Duncan, and Mr. Skaggs

                             August 5, 1998

  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]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. FEE AUTHORITY AND REPEAL OF EXEMPTION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) News.--No fee shall be collected under subsection (a) 
for any bonafide newsreel or news television production.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

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, for commercial purposes, 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, on a case-by-case basis, 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) Exemption from Fees.--No fee shall be collected under 
subsection (a) for (A) any bona fide newsreel or news television 
production or (B) still photography, except where the photography 
involves product or service advertisements and the use of models, sets, 
or props, or when such photography could result in damage to park 
resources or significant disruption of normal visitor uses.
    (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) Definition.--For purposes of this section, the term 
``commercial purposes'' shall have such meaning as the Secretary shall 
by rule prescribe, and shall include, but not be limited to, 
advertising.
    (g) 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.




                                                 Union Calendar No. 384

105th CONGRESS

  2d Session

                               H. R. 2993

                          [Report No. 105-678]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             August 5, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed