[Congressional Record Volume 145, Number 19 (Wednesday, February 3, 1999)]
[Senate]
[Pages S1149-S1150]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 338. 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; to the 
Committee on Energy and Natural Resources.


    National Park Service Commercial Filming Permit Fee Act of 1999

  Mr. CAMPBELL. Mr. President, today I introduce the National Park 
Service Commercial Filming Permit Fee Act of 1999. This bill gives the 
National Park Service (NPS) and the National Wildlife Refuge System 
(NWRS) the authority to require fee-based permits for the use of Park 
Service and National Wildlife Reserve lands in the production of motion 
pictures, television programs, advertisements or other similar 
commercial purposes. This bill is based on legislation which I 
introduced in the 105th Congress, S. 1614.
  Our National Parks are among our nation's most valuable resources. 
The National Park Service Commercial Filming Permit Fee Act of 1999 
would help us to protect them and ensure that future generations will 
be able to enjoy their beauty by making sure the parks are reimbursed 
for their commercial use.
  The Bureau of Land Management and the Forest Service already have a 
similar permit and fee system for commercial filming on public lands. 
It doesn't make sense that our National Parks, which have been deemed 
to be even more precious by their designation, should be used 
commercially for free. This is especially important now when taxpayers 
are facing increased fees to enter the national parks and more people 
are enjoying our natural wonders every year in record numbers.
  My bill allows the National Park Service to collect a fair return fee 
when the American peoples' parks are used in these commercial media 
ventures and then devotes those fees to the preservation of our 
National Parks. Common sense directs us to do this, and I believe this 
bill is fair for the commercial users of our National Parks, and more 
importantly, for the American taxpayers.
  This bill builds upon progress made through hearings, conferences, 
and other valuable input received during the 105th Congress. The 
revised legislative language reflects input from the administration, 
industry groups--including the Motion Picture Association of America--
and public interest groups such as the National Parks and Conservation 
Association. This bill is similar to legislation that my friend and 
colleague from Colorado, Congressman Hefley, introduced in the 105th 
and reintroduced in the 106th Congress as H.R. 154.
  Mr. President, I have letters from two key interested associations in 
support of my bill's goals. I ask unanimous consent that these letters 
of support from the Motion Picture Association of America and the 
National Parks and Conservation Association and my bill be printed in 
the Record. I urge my colleagues to support passage of this bill.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 338

       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 in 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

[[Page S1150]]

     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.
                                  ____

                                        Motion Picture Association


                                             of America, Inc.,

                                 Washington, DC, February 2, 1999.
     Hon. Ben Nighthorse Campbell,
     U.S. Senate, Russell Senate Office Building, Washington, DC.
       Dear Ben: I am writing to you today about your legislation 
     dealing with the filming of motion pictures in national park 
     and public lands. I would like to lend my support for the aim 
     of this bill and pledge to work with you on some areas of 
     concern to our industry.
       Right now, the National Parks Service cannot charge fees 
     for filming. Although the parks can be reimbursed for costs 
     of filming, these reimbursements do not provide real 
     financial support to the parks. As a result, park 
     administrators can become indifferent to filming, or even 
     hostile because their efforts to promote movie making in the 
     park don't produce for them any direct return.
       Your legislation provides a reasonable solution by setting 
     forth a fee schedule that is predictable. We think the fee 
     schedule approach is an improvement over the ``fair market 
     value'' approach from previous legislation. The fee schedule 
     provides a more simple, clear and predictable way of 
     collecting fees. Furthermore, we urge you to limit the 
     factors as much as possible to the number of people in the 
     crew and the number of days in the shoot.
       As the bill moves through the legislative process, we hope 
     to work with you further. A particular area of concern is the 
     provision related to regular visitor entrance fees.
       All in all, I applaud your efforts. I know that you, 
     Senator are one who particularly appreciates the treasure of 
     our national park system and public lands. I am pleased that 
     the American movie, exhibited in over 150 countries, 
     advertises to the world the unduplicatable beauties of our 
     national parks, irreplaceable treasures which belong to the 
     American citizenry.
       I look forward to working with you and your staff.
           With great affection,
     Jack Valenti.
                                  ____

                                                    National Parks


                                 and Conservation Association,

                                 Washington, DC, February 2, 1999.
     Hon. Ben Nighthorse Campbell,
     U.S. Senate, Washington, DC.
       Dear Senator Campbell: The National Parks and Conservation 
     Association appreciates your efforts to close the ``equity 
     gap'' between visitors to the National Park System and those 
     in Hollywood and on Madison Avenue who have profited from 
     their commercial use of the national parks.
       For the past five decades, the National Park Service has 
     been prohibited from collecting anything but a nominal 
     permitting fee and a modest amount of cost recovery 
     (associated with monitoring filming activity and any 
     necessary site remediation) from those who undertake 
     commercial filming projects in our national parks. Yet, the 
     individuals and institutions using the parks as a backdrop 
     for their films, commercials, television programs, etc. have 
     profited handsomely.
       It is grossly unfair to allow a few businesses to profit 
     from the parks while the visiting public is being asked to 
     pay more in entrance and use fees, and while the parks suffer 
     from a significant and ongoing budgetary shortfall.
       We are optimistic that your legislation will help generate 
     the debate necessary to result in the remedying of this 
     inequity. Thank you for taking this first and positive step 
     towards solving this problem.
           Sincerely,
                                              William J. Chandler,
                           Vice President for Conservation Policy.
                                 ______