[Congressional Record Volume 146, Number 64 (Monday, May 22, 2000)]
[House]
[Pages H3479-H3481]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




ESTABLISHING A FEE SYSTEM FOR COMMERCIAL FILMING ACTIVITIES ON FEDERAL 
                                  LAND

  Mr. HEFLEY. Mr. Speaker, I move to suspend the rules and concur in 
the Senate amendments to the bill (H.R. 154) to provide for the 
collection of fees for the making of motion pictures, television 
productions, and sound tracks in National Park System and National 
Wildlife Refuge System units, and for other purposes.
  The Clerk read as follows:
       Senate amendments:
       Strike out all after the enacting clause and insert:

[[Page H3480]]

     SECTION 1. COMMERCIAL FILMING.

       (a) Commercial Filming Fee.--The Secretary of the Interior 
     and the Secretary of Agriculture (hereinafter 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Colorado (Mr. Hefley) and the gentleman from Guam (Mr. Underwood) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Colorado (Mr. Hefley).
  Mr. HEFLEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the bill before us, H.R. 154, would establish a uniform 
Federal policy for the collection of fees for commercial film work on 
America's public lands.
  This bill is the result of some real grass-roots interest. Before I 
introduced this bill 3 years ago, a lady in Englewood, Colorado, 
contacted my office and wanted to know why Hollywood directors could 
film on Park Service land for free.
  To the surprise of virtually everyone, we found that the Park Service 
and the Fish and Wildlife Service had been forbidden by regulation to 
collect such film fees since 1948.
  No one knows why. We have tried to find out. No one knows why. This 
bill is our attempt to remedy this situation.
  The bill directs the Secretaries of Interior and Agriculture to 
establish a reasonable fee for commercial filming activities on lands 
under their jurisdiction.
  The fees collected would then be divided according to the formula set 
down in the recreational fee demonstration program, with 70 percent 
remaining in the unit where it was collected and 30 percent systemwide 
use.
  These fees would be used to cover all costs associated with giving 
film, video, and photography professionals access to the land.
  The bill also prohibits filming, taping, and photography in areas 
where such activity could cause environmental damage, disrupt public 
use of the land, or cause health or safety concerns.
  Finally, the bill requires that the Secretaries create a process that 
will ensure timely responses to permit requests.
  The bill before us incorporates the Senate's language which, by and 
large, has the effect of recognizing that one of the Nation's land 
management agencies, the U.S. Forest Service, is part of the Department 
of Agriculture, not Interior, but should also have a film policy.
  In fact, the Forest Service already has such a policy, and this 
legislation would serve as a floor for that existing program.
  H.R. 154 is the result of an unusual degree of cooperation between my 
office, the Department of Interior, and the Motion Picture Association 
of America. Its passage is supported by the Interior Department, the 
National Parks and Conservation Association, the MPAA and commercial 
still photographers.
  It is indeed rare when a measure is endorsed by those who will be 
paying its fees. Its passage is one of Fish and Wildlife Service's top 
four legislative priorities.
  In conclusion, this bill presents a win/win situation. We want people 
to film in our national parks. After all, many people were probably 
first exposed to our public lands through the classic westerns of John 
Ford, which were filmed on public lands near Moab, Utah.
  At the same time, we do not want our public lands turned into sound 
stages. If permitting filming allows us to recoup its costs and to deal 
with some of the other needs of our land management agencies, then that 
is a desired result.

                              {time}  1415

  H.R. 154 strikes the proper balance between use and preservation. It 
is the right thing to do. I urge its passage.
  Mr. Speaker, I reserve the balance of my time.
  Mr. UNDERWOOD. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. UNDERWOOD asked and was given permission to revise and extend 
his remarks.)
  Mr. UNDERWOOD. Mr. Speaker, H.R. 154, as passed by the House in April 
1999, provided for the collection of fees for the making of motion 
pictures, television production, sound tracks, and still photography on 
lands within the administrative jurisdiction of the Department of 
Interior.
  The Senate subsequently took up the legislation in November of last 
year and has returned the bill to the House with an amendment in the 
nature of a substitute. The Senate amendment makes numerous changes to 
the House bill. While a number of these changes are minor and technical 
in nature, others were substantive, and there was little or no 
legislative history developed to determine the basis for the Senate 
changes.
  The most substantive change involves adding the Forest Service to the 
legislation. As the Forest Service testified in the Senate, the agency 
already has the authority to collect film fees and, in fact, does 
collect such fees. Concerns have been raised that the Senate language 
may be inconsistent with the existing Forest Service regulations. It 
should be noted that the language of H.R. 154 is intended to be 
supplemental to the existing authorities that the Forest Service and 
other agencies possess to regulate commercial filming and photography.
  In fact, all of the Federal agencies covered by H.R. 154 do have 
regulations on this matter. The purpose of H.R. 154 is to close a 
loophole that has prevented the National Park Service and Fish and 
Wildlife Service from charging fees for the use of public land for 
commercial filming and photography purposes and to allow all of the 
land management agencies to retain and expend such fees for authorized 
purposes.
  As supplemental authority, we do not believe it is necessary for the 
agencies to issue all new regulations since such regulations are 
already on the books. This is especially important with regard to fees. 
New regulations could delay the collection and distribution of fees for 
a significant period of time, thus delaying the underlying purpose of 
this bill. Rather, the agencies should publish a schedule of such fees 
if they have not previously done so, allowing appropriate public review 
and comment before implementation.
  We have been assured that the other changes made by the Senate can 
also be addressed through the existing regulatory authorities that the 
agencies

[[Page H3481]]

possess. We expect those agencies to use their regulatory authority to 
address such matters as bonding insurance and enforcement.
  Mr. Speaker, everyone agrees that there should be fair and reasonable 
fees for the use of public resources for commercial filming and 
photography. With the understanding that the concerns raised today can 
be dealt with by the agencies involved, we will not object to the 
passage of H.R. 154, as amended.
  I congratulate the gentleman from Colorado (Mr. Hefley) for this 
measure.
  Mr. Speaker, I have no requests for time, and I yield back the 
balance of my time.
  Mr. HEFLEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would like to express my appreciation to the gentleman 
from Guam (Mr. Underwood), to the minority and the majority and our 
committee, the Committee on Resources, for their help on this 
legislation. It has taken a lot longer than it should have. I think it 
will be very meaningful.
  We are happy to try to work to encourage, if there are any problems 
in implementation, to encourage that to be taken care of. But I think 
we are making a major step.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Miller of Florida). The question is on 
the motion offered by the gentleman from Colorado (Mr. Hefley) that the 
House suspend the rules and concur in the Senate amendments to the 
bill, H.R. 154.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendments were 
concurred in.
  The title of the bill was amended so as to read:

       ``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.''.

  A motion to reconsider was laid on the table.

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