[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1136 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1136

To amend Public Law 106-206 to direct the Secretary of the Interior and 
   the Secretary of Agriculture to require annual permits and assess 
annual fees for commercial filming activities on Federal land for film 
                      crews of 5 persons or fewer.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2011

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

_______________________________________________________________________

                                 A BILL


 
To amend Public Law 106-206 to direct the Secretary of the Interior and 
   the Secretary of Agriculture to require annual permits and assess 
annual fees for commercial filming activities on Federal land for film 
                      crews of 5 persons or fewer.

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

SECTION 1. PURPOSE.

    The purpose of this Act is to provide commercial film crews of 5 
persons or fewer access to film in areas designated for public use 
during public hours on Federal land and waterways.

SEC. 2. ANNUAL PERMIT AND FEE FOR FILM CREWS OF 5 PERSONS OR FEWER.

    (a) In General.--Section (1)(a) of Public Law 106-206 (16 U.S.C. 
460l-6d(a)) is amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C), respectively, and indenting 
        appropriately;
            (2) in the first sentence, by striking ``The Secretary of 
        the Interior'' and inserting the following:
            ``(1) In general.--Except as provided in paragraph (4), the 
        Secretary of the Interior'';
            (3) in the second sentence, by striking ``Such fee'' and 
        inserting the following:
            ``(2) Criteria.--The fee established under paragraph (1)'';
            (4) in the third sentence, by striking ``The Secretary 
        may'' and inserting the following:
            ``(3) Other considerations.--The Secretary may''; and
            (5) by adding at the end the following:
            ``(4) Special rules for film crews of 5 persons or fewer.--
                    ``(A) Definition of film crew.--In this paragraph, 
                the term `film crew' means any persons present on 
                Federal land or waterways under the jurisdiction of the 
                Secretary who are associated with the production of a 
                film.
                    ``(B) Required permit and fee.--For any film crew 
                of 5 persons or fewer, the Secretary shall require a 
                permit and assess an annual fee of $200 for commercial 
                filming activities or similar projects on Federal land 
                and waterways administered by the Secretary.
                    ``(C) Commercial filming activities.--A permit 
                issued under subparagraph (B) shall be valid for 
                commercial filming activities or similar projects that 
                occur in areas designated for public use during public 
                hours on all Federal land and waterways administered by 
                the Secretary for a 1-year period beginning on the date 
                of issuance of the permit.
                    ``(D) No additional fees.--For persons holding a 
                permit issued under this paragraph, during the 
                effective period of the permit, the Secretary shall not 
                assess any fees in addition to the fee assessed under 
                subparagraph (B).
                    ``(E) Use of cameras.--The Secretary shall not 
                prohibit, as a mechanized apparatus or under any other 
                purposes, use of cameras or related equipment used for 
                the purpose of commercial filming activities or similar 
                projects in accordance with this paragraph on Federal 
                land and waterways administered by the Secretary.
                    ``(F) Notification required.--A film crew of 5 
                persons or fewer subject to a permit issued under this 
                paragraph shall notify the applicable land management 
                agency with jurisdiction over the Federal land at least 
                48 hours before entering the Federal land.
                    ``(G) Denial of access.--The head of the applicable 
                land management agency may deny access to a film crew 
                under this paragraph if--
                            ``(i) there is a likelihood of resource 
                        damage that cannot be mitigated;
                            ``(ii) there would be an unreasonable 
                        disruption of the use and enjoyment of the site 
                        by the public;
                            ``(iii) the activity poses health or safety 
                        risks to the public; or
                            ``(iv) the filming includes the use of 
                        models or props that are not part of the 
                        natural or cultural resources or administrative 
                        facilities of the Federal land.''.
    (b) Recovery of Costs.--Section (1)(b) of Public Law 106-206 (16 
U.S.C. 460l-6d) is amended in the first sentence--
            (1) by striking ``collect any costs'' and inserting 
        ``recover any costs''; and
            (2) by striking ``similar project'' and inserting ``similar 
        projects''.
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