[Congressional Record (Bound Edition), Volume 145 (1999), Part 21]
[Senate]
[Pages 31152-31153]
[From the U.S. Government Publishing Office, www.gpo.gov]



      FEE SYSTEM FOR COMMERCIAL FILMING ACTIVITIES ON FEDERAL LAND

  The Senate proceeded to consider 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, which had been 
reported from the Committee on Energy and Natural Resources, with an 
amendment to strike all after the enacting clause inserting in lieu 
thereof the following:

     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.
       The Secretary shall require and shall establish a reasonble 
     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.

[[Page 31153]]

       (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 title 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.''.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (H.R. 154), as amended, was passed.

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