[Congressional Record Volume 155, Number 87 (Thursday, June 11, 2009)]
[Senate]
[Pages S6548-S6549]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INHOFE (for himself and Mr. Tester):
  S. 1241. 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; to the Committee on 
Energy and Natural Resources.
  Mr. INHOFE. Mr. President, I am introducing legislation today with 
Senator Tester to lessen the burdens for small commercial filming on 
public lands. Specifically, this legislation provides special 
permitting to small film crews, defined in the bill as 5 persons or 
fewer, to simply pay a reasonable annual fee to be able to film on 
public lands.
  Our Nation's public lands are an incredible natural resource, and the 
professional outdoor media industry is a valuable way to bring 
awareness to our Nation's resources and bring about awareness of the 
value of conservation of our Nation's land and resources through 
documentaries, sporting programs, and other productions. Small filming 
crews can be negatively affected by the current permitting and fee 
schedule because the business of wildlife filming is done on a 
speculative basis and often relies on unpredictable factors requiring 
much patience and time. Last Congress, Chairman Rahall held a Natural 
Resources Committee hearing on the fees for filming and photography on 
public lands. At that hearing, Steve Scott, an independent television 
producer from Norman, OK, and Chairman of the Professional Outdoor 
Media Association, probably best described the work of small outdoor 
filming operations. He testified, ``By its very nature, wildlife 
photography is extremely time consuming, often done in the harshest 
conditions. . . . While large film and television production crews need 
relatively little time on public lands to complete their project, our 
nation's professional outdoor media may spend weeks or months in the 
field in order to capture a few magic seconds of unstaged Nature in its 
pristine state. And when outdoor media members spend time in the field, 
under the current fee structure, we also spend money, and lots of it.'' 
The small professional outdoor filming industry has enough natural 
barriers; The Federal Government should not impose itself as another 
through daily fees adding to the expense.
  Last Congress, my colleague from Oklahoma, Congressman Dan Boren, and 
Don Young, introduced H.R. 5502 to

[[Page S6549]]

accomplish the same aim of the legislation Senator Tester and I are 
introducing today. That legislation was supported by nearly 30 outdoors 
and sportsmen's organizations.
  Those organizations supporting last Congress' legislation include the 
American Fisheries Society, the American Sportfishing Association, the 
Archery Trade Association, Bass Pro Shops, the Berkley Conservation 
Institute, Boone and Crockett Club, Bowhunting Preservation Alliance, 
Campfire Club of America, Catch-A-Dream Foundation, the Congressional 
Sportsmen's Foundation, Conservation Force, Dallas Safari Club, Mule 
Deer Foundation, the National Assembly of Sportsmen's Caucuses, the 
National Rifle Association, the National Shooting Sports Foundation, 
the National Wild Turkey Federation, the North American Bear 
Foundation, the North American Grouse Partnership, Pheasants Forever, 
Pure Fishing, Quality Deer Management Association, Quail Forever, the 
Ruffed Grouse Society, Safari Club International, the Texas Wildlife 
Association, the Theodore Roosevelt Conservation Partnership, the U.S. 
Sportsmen's Alliance, the Wild Sheep Foundation, and Wildlife Forever.
  This Congress, Congressmen Boren, Ryan, Courtney, Miller, Putnam, and 
Ross introduced H.R. 2031 on April 22, 2009, which is identical 
legislation to the legislation Senator Tester and I are introducing 
today. I am sure it will enjoy the same support from our outdoor and 
sportsmen's organizations, and I look forward to its consideration in 
the Senate.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1241

       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 lands 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) is amended by--
       (1) redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively;
       (2) striking ``The Secretary of the Interior'' and 
     inserting ``(1) In general.--Except as provided by paragraph 
     (3), the Secretary of the Interior'';
       (3) inserting ``(2) Other considerations.--'' before ``The 
     Secretary may include other factors''; and
       (4) adding at the end the following new paragraph:
       ``(3) Special rules for film crews of 5 persons or fewer.--
       ``(A) 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 lands and waterways administered by the Secretary. 
     The permit shall be valid for commercial filming activities 
     or similar projects that occur in areas designated for public 
     use during public hours on all Federal lands and waterways 
     administered by the Secretary for a 12-month period beginning 
     on the date of issuance of the permit.
       ``(B) For persons holding a permit described in this 
     paragraph, the Secretary shall not assess, during the 
     effective period of the permit, any additional fee for 
     commercial filming activities and similar projects that occur 
     in areas designated for public use during public hours on 
     Federal lands and waterways administered by the Secretary.
       ``(C) In this paragraph, the term `film crew' includes all 
     persons present on Federal land under the Secretary's 
     jurisdiction who are associated with the production of a 
     certain film.
       ``(D) 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 lands and waterways administered by the 
     Secretary.''.
       (b) Recovery of Costs.--Section (1)(b) of Public Law 106-
     206 (16 U.S.C. 460l-6d) is amended by--
       (1) striking ``collect any costs'' and inserting ``recover 
     any costs''; and
       (2) striking ``similar project'' and inserting ``similar 
     projects''.
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