[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1614 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1614

   To require a permit for the making of motion picture, television 
program, or other form of commercial visual depiction in a unit of the 
        National Park System or National Wildlife Refuge System.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 5, 1998

 Mr. Campbell introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To require a permit for the making of motion picture, television 
program, or other form of commercial visual depiction in a unit of the 
        National Park System or National Wildlife Refuge System.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PERMITS FOR MAKING COMMERCIAL VISUAL DEPICTIONS IN UNITS OF 
              THE NATIONAL PARK SYSTEM AND NATIONAL WILDLIFE REFUGE 
              SYSTEM.

    (a) Definitions.--In this section:
            (1) Commercial visual depiction.--
                    (A) In general.--The term ``commercial visual 
                depiction'' means a visual depiction that a person 
                produces with the intention that the depiction (or 
                reproductions of the depiction) will be disseminated to 
                the public in connection with a for-profit enterprise.
                    (B) Exclusions.--The term ``commercial visual 
                depiction'' does not include--
                            (i) a visual depiction produced for 
                        dissemination to the public as news; or
                            (ii) a visual depiction produced by an 
                        individual in a limited number and intended to 
                        be sold by the individual as a work of art.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Visual depiction.--The term ``visual depiction'' means 
        a motion picture, television program, videotape, photograph, or 
        other form of visual depiction or any part of such a depiction.
    (b) Permit Requirement.--A person shall not produce a commercial 
visual depiction in a unit of the National Park System or National 
Wildlife Refuge System without first obtaining a permit from the 
Secretary and paying a permit fee.
    (c) Regulation.--The Secretary shall by regulation establish 
criteria and a procedure for determining the conditions under which a 
person shall be permitted to produce a commercial visual depiction in a 
unit of the National Park System or National Wildlife Refuge System and 
the amount of a permit fee.
    (d) Fee Amounts.--
            (1) Basis of imposition.--A permit fee may be imposed--
                    (A) in a single amount for use of any part of a 
                unit of the National Park System and National Wildlife 
                Refuge System or in different amounts for use of 
                different areas within a unit;
                    (B) in different amounts for different forms of 
                visual depiction; or
                    (C) in a set amount applicable in all cases or in a 
                negotiated amount applicable in a particular case.
            (2) Amount.--
                    (A) Minimum amount.--The amount of a permit fee 
                shall be not less than an amount that is sufficient to 
                compensate the Secretary for all direct and indirect 
                costs to the Secretary in accommodating the production 
                of a commercial visual depiction (including costs of 
                ensuring compliance with any conditions on the use of 
                the area for production of the commercial visual 
                depiction and costs of cleanup and restoration).
                    (B) Other considerations.--In establishing the 
                amount of a permit fee, the Secretary shall take into 
                consideration--
                            (i) the extent of any inconvenience to the 
                        public that production of the commercial visual 
                        depiction may cause; and
                            (ii) an estimate of the amount that an 
                        owner of private property would charge for use 
                        of property that is comparable to the area in 
                        which the commercial visual depiction is to be 
                        produced.
    (e) Civil Penalty.--A person that produces a commercial visual 
depiction in a unit of the National Park System or National Wildlife 
Refuge System without first obtaining a permit and paying a permit fee 
or that fails to comply with any condition stated in a permit shall be 
subject to imposition by the Secretary, after notice and opportunity 
for a hearing on the record, of a civil penalty in an amount not 
exceeding 200 percent of the amount of the permit fee.
    (f) Use of Proceeds.--Each amount collected by the Secretary as a 
permit fee or civil penalty under this section shall be retained by the 
Secretary and shall be available, without further Act of appropriation, 
for capital improvement and restoration activities in the unit in which 
the commercial visual depiction was produced.
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