[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 338 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 338

    To provide for the collection of fees for the making of motion 
  pictures, television productions, and sound tracks in units of the 
          Department of the Interior, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 3, 1999

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

_______________________________________________________________________

                                 A BILL


 
    To provide for the collection of fees for the making of motion 
  pictures, television productions, and sound tracks in units of the 
          Department of the Interior, 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. USE OF LAND; FEE AUTHORITY.

    (a) Authority.--
            (1) In general.--The Secretary of the Interior (referred to 
        in this Act as the ``Secretary'') may permit the use of land 
        and facilities in units administered by the Secretary for--
                    (A) motion picture production;
                    (B) television production;
                    (C) soundtrack production;
                    (D) the production of an advertisement using a prop 
                or a model; or
                    (E) any similar commercial project.
            (2) Exception.--The Secretary shall not permit a use of 
        land or a facility described in paragraph (1) if the Secretary 
        determines that a proposed use--
                    (A) is not appropriate; or
                    (B) will impair the value or resources of the land 
                or facility.
            (3) Bonding and insurance.--The Secretary may require a 
        bond, insurance, or such other means as is necessary to protect 
        the interests of the United States in connection with an 
        activity conducted under a permit issued under this Act.
    (b) Fees.--
            (1) In general.--For any use of land or a facility in a 
        unit described in subsection (a), the Secretary shall assess--
                    (A) a reimbursement fee; and
                    (B) a special use fee.
            (2) Reimbursement fee.--
                    (A) In general.--The Secretary shall require the 
                payment of a reimbursement fee in an amount that is not 
                less than the amount of any direct and indirect costs 
                to the Government incurred--
                            (i) in processing the application for a 
                        permit for a use of land or facilities; and
                            (ii) as a result of the use of land and 
                        facilities under the permit, including any 
                        necessary costs of cleanup and restoration.
                    (B) Funds collected.--An amount equal to the amount 
                of a reimbursement fee collected under this 
                subparagraph shall--
                            (i) be retained by the Secretary; and
                            (ii) be available for use by the Secretary, 
                        without further Act of appropriation, in the 
                        unit in which the reimbursement fee is 
                        collected.
            (3) Special use fee.--
                    (A) Factors in determining special use fee.--To 
                determine the amount of a special use fee, the 
                Secretary shall establish a schedule of rates 
                sufficient to provide a fair return to the Government, 
                based on factors such 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 any area designated by a statute or 
                        regulation as a special use area, including a 
                        wilderness or research natural area;
                            (iv) the amount of equipment on site under 
                        a permit; and
                            (v) any disruption of normal park function 
                        or accessibility, including temporary closure 
                        of land or a facility to the public.
                    (B) Funds collected.--A special use fee under this 
                subparagraph shall be distributed as follows:
                            (i) 80 percent shall be deposited in a 
                        special account in the Treasury, and shall be 
                        available, without further Act of 
                        appropriation, for use by the supervisors of 
                        units where the fee was collected.
                            (ii) 20 percent shall be deposited in a 
                        special account in the Treasury, and shall be 
                        available, without further Act of 
                        appropriation, for use by supervisors of units 
                        in the region where the fee was collected.
            (4) Exceptions.--
                    (A) Fee waiver or reduction.--The Secretary may 
                waive a special use fee or charge a reduced special use 
                fee if the activity for which the fee is charged 
                provides clear educational or interpretive benefits for 
                the Department of the Interior or the public.
                    (B) Regular visitor entrance fee.--Nothing in this 
                subsection affects the requirement that, in addition to 
                fees under subparagraph (A), each individual entering a 
                unit for purposes described in subsection (a) shall pay 
                any regular visitor entrance fee charged to visitors to 
                the unit.
    (c) Regulations.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall promulgate 
        regulations that establish a schedule of rates for fees 
        collected under subsection (b) based on factors listed in 
        subsection (b)(2)(C)(ii).
            (2) Review of regulations.--
                    (A) Initial review.--Not later than 3 years after 
                the date of enactment of this Act, the Secretary shall 
                review and, as appropriate, revise the regulations 
                promulgated under this subsection.
                    (B) Continuing review.--After the date of 
                promulgation of regulations under subparagraph (A), the 
                Secretary shall periodically review the regulations and 
                make necessary revisions.
    (d) Applicability of Regulations.--
            (1) Prohibition on certain fees.--The prohibition on fees 
        set forth in section 5.1(b)(1) of title 43, Code of Federal 
        Regulations, shall cease to apply beginning on the effective 
        date of regulations promulgated under this Act.
            (2) Effect on other regulations.--Nothing in this Act, 
        other than paragraph (1), affects the regulations set forth in 
        part 5 of title 43, Code of Federal Regulations.
    (e) Civil Penalty.--
            (1) In general.--A person that violates any regulation 
        promulgated under this Act, or conducts or attempts to conduct 
        an activity under subsection (a)(1) without obtaining a permit 
        or paying a fee, shall be assessed a civil penalty--
                    (A) for the first violation, in the amount that is 
                equal to twice the amount of the fees charged (or fees 
                that would have been charged) under subsection (b)(2);
                    (B) for the second violation, in the amount that is 
                equal to 5 times the amount of the fees charged (or 
                fees that would have been charged) under subsection 
                (b)(2); and
                    (C) for the third and each subsequent violation, in 
                the amount that is equal to 10 times the amount of the 
                fees charged (or fees that would have been charged) 
                under subsection (b)(2).
            (2) Costs.--A person that violates this Act or any 
        regulation promulgated under this Act shall be required to pay 
        all costs of any proceedings instituted to enforce this 
        subsection.
    (f) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), this 
        Act and the regulations promulgated under this Act take effect 
        180 days after the date of enactment of this Act.
            (2) Exception.--This subsection and the authority of the 
        Secretary to promulgate regulations under subsection (c) take 
        effect on the date of enactment of this Act.
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