[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 154 Enrolled Bill (ENR)]

        H.R.154

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
To allow the Secretary of the Interior and the Secretary of Agriculture 
 to establish a fee system for commercial filming activities on Federal 
                      land, 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. COMMERCIAL FILMING.

    (a) Commercial Filming Fee.--The Secretary of the Interior and the 
Secretary of Agriculture (hereafter individually referred to as the 
``Secretary'' with respect to lands under their respective 
jurisdiction) shall require a permit and shall establish a reasonable 
fee for commercial filming activities or similar projects on Federal 
lands administered by the Secretary. Such fee shall provide a fair 
return to the United States and shall be based upon the following 
criteria:
        (1) The number of days the filming activity or similar project 
    takes place on Federal land under the Secretary's jurisdiction.
        (2) The size of the film crew present on Federal land under the 
    Secretary's jurisdiction.
        (3) The amount and type of equipment present.
The Secretary may include other factors in determining an appropriate 
fee as the Secretary deems necessary.
    (b) Recovery of Costs.--The Secretary shall also collect any costs 
incurred as a result of filming activities or similar project, 
including but not limited to administrative and personnel costs. All 
costs recovered shall be in addition to the fee assessed in subsection 
(a).
    (c) Still Photography.--(1) Except as provided in paragraph (2), 
the Secretary shall not require a permit nor assess a fee for still 
photography on lands administered by the Secretary if such photography 
takes place where members of the public are generally allowed. The 
Secretary may require a permit, fee, or both, if such photography takes 
place at other locations where members of the public are generally not 
allowed, or where additional administrative costs are likely.
    (2) The Secretary shall require and shall establish a reasonable 
fee for still photography that uses models or props which are not a 
part of the site's natural or cultural resources or administrative 
facilities.
    (d) Protection of Resources.--The Secretary shall not permit any 
filming, still photography or other related activity if the Secretary 
determines--
        (1) there is a likelihood of resource damage;
        (2) there would be an unreasonable disruption of the public's 
    use and enjoyment of the site; or
        (3) that the activity poses health or safety risks to the 
    public.
    (e) Use of Proceeds.--(1) All fees collected under this Act shall 
be available for expenditure by the Secretary, without further 
appropriation, in accordance with the formula and purposes established 
for the Recreational Fee Demonstration Program (Public Law 104-134). 
All fees collected shall remain available until expended.
    (2) All costs recovered under this Act shall be available for 
expenditure by the Secretary, without further appropriation, at the 
site where collected. All costs recovered shall remain available until 
expended.
    (f) Processing of Permit Applications.--The Secretary shall 
establish a process to ensure that permit applicants for commercial 
filming, still photography, or other activity are responded to in a 
timely manner.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.