[Congressional Record Volume 145, Number 37 (Tuesday, March 9, 1999)]
[Senate]
[Pages S2455-S2457]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THOMAS:
  S. 568. A bill to allow the Department of the Interior and the 
Department of Agriculture to establish a fee system for commercial 
filming activities in a site or resource under their jurisdictions; to 
the Committee on Energy and Natural Resources.


legislation to establish a fee system for commercial filming activities

  Mr. THOMAS. Mr. President, I rise today to introduce legislation 
which would allow the Department of the Interior and the Department of 
Agriculture to charge a fee when commercial filming activities take 
place on public lands in their jurisdiction. This legislation is 
another important part of our efforts to preserve and protect the 
pristine beauty of our national parks and other public lands. A similar 
version of this legislation was included in S. 1693, the Vision 2020, 
National Parks Restoration Act, when that bill passed the Senate. 
Unfortunately, the language was removed from that bill when it passed 
the House of Representatives.
  The purpose of this measure is very simple. When commercial film 
companies use our nation's public lands, they should pay for that 
privilege. Our nation's parks and other lands provide an outstanding 
backdrop for the commercial film industry and we should ensure that 
these areas are not negatively impacted by that use.
  This legislation is not designed as a ``bash Hollywood'' bill. I want 
to comment the commercial film industry for their efforts to work with 
me and other members of Congress to find a reasonable solution to this 
matter. Although there are those in the industry who do not want to pay 
for the use of these lands, by and large the film industry is willing 
to pay a fee for filming on public lands as long as it is reasonable, 
understandable and fair. I believe the bill I am introducing today 
meets all of those criteria.
  Let me take a few moments to outline this measure. The legislation

[[Page S2457]]

would authorize both the Secretary of the Interior and Secretary of 
Agriculture to charge a reasonable fee for commercial filming 
activities on federal lands in their jurisdiction. The fee will be 
based on a number of criteria including; the number of days the filming 
takes place within the areas, the size of the film crew and the amount 
and type of equipment used. The agencies would also be directed to 
recover any costs incurred as a result of filming activities such as 
administrative and personnel costs. All of the fees charged for film 
activities would stay at the site where they are collected.
  We have also included language in this bill to address the issue of 
still photography on public lands. As we worked to craft the parks bill 
last year, we heard from a large number of still photographers who were 
worried about the impact this legislation would have on them. In order 
to address those concerns, we have included language in our bill 
exempting still photography unless the agency determines that this 
activity will disrupt the public's use and enjoyment of the resource. I 
believe this is a fair way to address this question.
  Mr. President, the time has come to establish a film fee system on 
our nation's public lands that is sensible and understandable. Once 
again, I want to stress that this bill is not designed to punish the 
film industry. Instead, this measure will benefit both the public and 
the film industry by establishing simple and understandable system for 
operating on federal lands. Establishing a sound fee system for filming 
on public lands can be a ``win-win'' for the public and the film 
industry and I hope the Senate will take quick action on this important 
measure.
                                 ______