[Federal Register Volume 69, Number 243 (Monday, December 20, 2004)]
[Proposed Rules]
[Pages 75880-75885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27394]


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DEPARTMENT OF AGRICULTURE

Agricultural Research Service

7 CFR Part 500


National Arboretum

AGENCY: Agricultural Research Service; Research, Education, and 
Economics; USDA.

ACTION: Proposed rule.

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SUMMARY: The Department of Agriculture (USDA) seeks comments on a 
proposed rule change that would modify the rules of conduct at the 
United States National Arboretum (USNA) and the schedule of fees to be 
charged for certain uses of the facilities, grounds, and services at 
the USNA.

DATES: Comments must be submitted on or before February 18, 2005.

ADDRESSES: Address all correspondence to Thomas S. Elias, Director, 
U.S. National Arboretum, Beltsville Area, Agricultural Research 
Service, 3501 New York Avenue, NE., Washington, DC 20002.

FOR FURTHER INFORMATION CONTACT: Dana Laster, Administrative and 
Marketing Manager, U.S. National Arboretum, Beltsville Area, ARS, 3501 
New York Avenue, NE., Washington, DC 20002; (202) 245-4539.

SUPPLEMENTARY INFORMATION: 

Classification

    This rule change has been reviewed under Executive Order 12866, and 
it has been determined that it is not a ``significant regulatory 
action'' rule because it will not have an annual effect on the economy 
of $100 million or more or adversely and materially affect a sector of 
the economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities. This rule change will not create any serious 
inconsistencies or otherwise interfere with actions taken or planned by 
another agency. It will not materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs, or the rights and 
obligations of recipients thereof, and does not raise novel legal or 
policy issues arising out of legal mandates, the President's 
priorities, or principles set forth in Executive Order 12866.

Regulatory Flexibility Act

    The Department of Agriculture certifies that this rule change will 
not have a significant impact on a substantial number of small entities 
as defined in the Regulatory Flexibility Act, Pub. L. No. 96-354, as 
amended (5 U.S.C. 601, et seq.).

Paperwork Reduction Act

    In accordance with the Office of Management and Budget (OMB) 
regulations (5 CFR part 1320) which implement the Paperwork Reduction 
Act of 1995, Pub. L. 104-13, as amended (44 U.S.C. chapter 35), the 
information collection and recordkeeping requirements that have been 
imposed in the management of these programs have been approved by OMB 
and assigned OMB control number 0518-0024 for the use of facilities or 
the performance of photography/cinematography at the USNA.

Background

    Section 890(b) of the Federal Agriculture Improvement and Reform 
Act of 1996, Pub. L. 104-127 (1996 Act) expanded the authorities of the 
Secretary of Agriculture to charge reasonable fees for the use of USNA 
facilities and grounds. These authorities included the ability to 
charge fees for temporary use by individuals or groups of USNA 
facilities and grounds consistent with the mission of the USNA. In 
addition, authority was granted to charge fees for the use of the USNA 
for commercial photography and cinematography. Pursuant to the Act, the 
Agricultural Research Service (ARS) promulgated a fee schedule for the 
USNA at 7 CFR part 500, subpart B. All rules and regulations noted in 7 
CFR part 500, subpart A, Conduct on the U.S. National Arboretum 
Property, also apply to individuals or groups granted approval to use 
the facilities and grounds.
    This proposed rule change modifies 7 CFR part 500, subparts A and 
B. The USNA will continue to charge fees for riding its tram service, 
for use of the grounds and facilities, and for photography and 
cinematography. The USNA will allow use of its facilities and grounds 
for activities such as luncheons, dinners, receptions, and similar 
events in order to provide financial support to the USNA. The Director 
of the USNA will continue to have discretion to waive fees for non-
profit scientific or educational organizations the purposes and 
interests of which are complementary to the mission of the USNA, such 
as the Friends of the National Arboretum, the National Bonsai 
Foundation, and the National Capital Area Federation of Garden Clubs. 
Even in cases of fee waiver, however, the USNA will seek to recover 
costs incurred in connection with use of its facilities. Fees generated 
will be used to defray USNA expenses

[[Page 75881]]

or to promote the mission of the USNA. The public will not be charged 
an admission fee for visiting the USNA.

Revision of Subpart A

    Subpart A is proposed to be revised in its entirety although, 
except for stylistic and editorial changes, no substantive changes are 
made to sections 500.1, 500.2, 500.4, 500.6, 500.9, and 500.14. 
Substantive changes to the other sections are as follows:

Section 500.3 Preservation of Property

    This section is modified to include a prohibition on open fires, 
environmental spraying for insect pests, or release of biological 
agents on the facilities of the USNA. The purpose of this change is to 
protect the valuable existing plant collections, research projects, and 
the USNA's ongoing Integrated Pest Management Program.

Section 500.5 Nuisances

    This section is amended to limit the decibel level of music at 
special events.

Section 500.7 Intoxicating Beverages and Narcotics

    This section is modified to provide for limited beer and wine 
service with an approved permit and only at officially approved events 
when the USNA is closed to the public. It further clarifies that the 
sale of alcoholic beverages is prohibited.

Section 500.8 Soliciting, Vending, Debt Collection, and Distribution of 
Handbills

    This section is modified to better identify the type of activities 
that are not allowed, and to identify more clearly the exceptions to 
the prohibitions that were not included in the earlier version of this 
rule.

Section 500.10 Pets

    This section is modified to clarify pet leash requirements and to 
prohibit the release of fish, plants, and animals on the grounds of the 
USNA.

Section 500.11 Vehicular and Pedestrian Traffic

    This section is modified to provide for access set up and break 
down, temporary structures, supplies, and materials used in special 
events and ceremonies, and to serve notice that illegal parking may 
result in towing in addition to fine.

Section 500.12 Weapons, Explosives and Open Fires

    This section is changed to include a prohibition against the use 
pyrotechnic devices of any kind.

Section 500.13 Nondiscrimination

    This section is modified to conform to the nondiscrimination policy 
established by the United States Department of Agriculture as set forth 
in 7 CFR part 15d.

Section 500.15 Penalties and Other Law

    This section is modified and updated due to the recodification of 
title 40 and the creation of the Department of Homeland Security.

Amendments to Subpart B

    The fee schedule and associated provisions in subpart B are 
generally revised as follows:

Fee Schedule for Tram and Tours

    The USNA operates a 48-passenger tram (which accommodates 2 
wheelchairs) to provide mobile tours throughout the USNA grounds on 
weekends and holidays. The USNA will continue to charge a fee to all 
riders as well as the amount to be charged for pre-scheduled group tram 
tours. Additionally, a fee will be charged for providing tour guides 
for pre-scheduled non-tram tours. Fee amounts were determined after a 
survey of similar services provided by other Arboreta and Botanical 
Gardens and an analysis of costs associated with the program. Fees 
generated will be used to offset costs or for the purposes of promoting 
the mission of the USNA. Payment for use of the tram is due at the time 
of ticket purchase. Payment for pre-scheduled tram tours must be made 
at least two weeks in advance. Payment for pre-scheduled, non-tram 
guided tours must be made at least two weeks in advance of the tour 
date.

Fee Schedule for Use of Facilities and Grounds

    The USNA will charge fees for the use of the facilities and grounds 
for activities that may include receptions, luncheons, dinners, and 
similar events. The proposed fee schedule is consistent with rates from 
comparable institutions in the Washington, DC area based upon a survey 
by USNA of the fees charged by such institutions.

Conditions Governing the Use of Facilities and Grounds

    Organizations and others may reserve space with USNA for events and 
other uses of the USNA. Space also may be reserved through USNA support 
organizations such as the Friends of the National Arboretum, National 
Bonsai Foundation, and the National Capital Area Federation of Garden 
Clubs. Reservation requests need to be made as far in advance as 
possible, with a minimum of 30 days required for all reservations. The 
USNA will respond to such requests within 10 working days with 
information as to whether the requested site is available for use. The 
USNA will also give notice to prospective users of any planned 
activities (construction, maintenance, pesticide applications, and any 
similar activities) that might affect the planned use or event. The 
USNA will not assume any responsibility for last minute changes due to 
failure of mechanical systems, severe storms and other weather events, 
or emergencies relating to security and safety.
    A facilities use permit for a specific time and location must be 
signed and a 50% non-refundable deposit paid at the time of booking. 
The remaining 50% is due five working days before the event. In the 
event of building, property or grounds damage or excessive cleaning 
requirements, additional charges will be billed, and will be due within 
30 days of billing.
    All users of the USNA shall comply with all Federal and local laws. 
The USNA is a Federal property under the jurisdiction of United States 
Department of Agriculture. All activities are subject to Federal rules 
and regulations governing the buildings and grounds.
    No offices, rooms, and hallways beyond the secure doors adjacent to 
the lobby area of the USNA's Administration Building will be available 
for use.

Fee Schedule for Use of Facilities and Grounds for Purposes of 
Photography or Cinematography

    The USNA will continue to charge a fee for the use of the facility 
or grounds for purposes of commercial photography or cinematography. 
The fees have been established based on comparable opportunities 
provided by other Arboreta and Botanical Gardens across the nation. 
Facilities and Grounds are available for use for commercial photography 
or cinematography at the discretion of the USNA Director. Requests for 
use should be made at least two weeks in advance of required date. The 
USNA does not intend to charge fees to the press for photography or 
cinematography related to stories concerning the USNA and its mission 
or for other noncommercial, First Amendment activities. Fee payments 
for use of facilities or grounds or for photography and cinematography 
must be made in advance of requested date.

Payment Submission Requirements

    Unless provided otherwise, all payments due under this subpart must

[[Page 75882]]

be made by cash, check, or money order (in U.S. funds). Checks and 
money orders must be made payable, in U.S. funds, to the U.S. National 
Arboretum. The USNA will provide receipts to requesters for their 
records or billing purposes. The USNA is pursuing opportunities to 
enter an agreement to allow USNA visitors and users to make payment in 
the form of a credit card. If USNA enters into such an agreement, USNA 
visitors and users who are assessed user fees may pay those fees with a 
credit card subject to the terms and conditions of such agreement.

List of Subjects in 7 CFR Part 500

    Agricultural research, Federal buildings and facilities, Government 
property, USNA, Photography, Cinematography, User fees.

    For the reasons set out in the preamble, 7 CFR part 500 is proposed 
to be revised as set forth below:
    1. The authority citation is revised to read as follows:

    Authority: 20 U.S.C. 196; secs. 2, 4, 62 Stat. 281; sec. 103, 63 
Stat. 380; sec. 205(d), 63 Stat. 389.

PART 500--NATIONAL ARBORETUM

Subpart A--Conduct on U.S. National Arboretum Property

Sec.
500.1 General.
500.2 Recording presence.
500.3 Preservation of property.
500.4 Conformity with signs and emergency directions.
500.5 Nuisances.
500.6 Gambling.
500.7 Intoxicating beverages and narcotics.
500.8 Soliciting, vending, debt collection, and distribution of 
handbills.
500.9 Photographs for news, advertising, or commercial purposes.
500.10 Pets.
500.11 Vehicular and pedestrian traffic.
500.12 Weapons and explosives.
500.13 Nondiscrimination.
500.14 Exceptions.
500.15 Penalties and other law.


Sec.  500.1  General.

    The rules and regulations in this part apply to the buildings and 
grounds of the U.S. National Arboretum (USNA), Washington, DC, and to 
all persons entering in or on such property. The Administrator, General 
Services Administration, has delegated to the Secretary of Agriculture, 
with authority to further delegate, the authority to make all the 
needful rules and regulations for the protection of the buildings and 
grounds of the USNA (34 FR 6406). The Secretary of Agriculture has in 
turn delegated such authority to the Administrator, Agricultural 
Research Service (34 FR 7389). The rules and regulations in this part 
are issued pursuant to such delegations.


Sec.  500.2  Recording presence.

    Admission to the USNA during periods when it is closed to the 
public will be limited to authorized individuals who may be required to 
sign the register or display identification documents when requested by 
the Security Staff, or other authorized individuals.


Sec.  500.3  Preservation of property.

    (a) While at the USNA, it is unlawful to:
    (1) Willfully destroy, damage, or remove USNA property or any part 
thereof;
    (2) Set or maintain any open fire on the property of the USNA; or
    (3) Apply any type of insecticide or herbicide on the grounds of 
the USNA, except for USNA employees in the course of their official 
duties or other persons authorized by the Director.
    (b) Persons not employed by USNA are not permitted to bring 
biological agents of any kind, including but not limited to disease and 
pest agents of plants, onto the property without written permission of 
the Director, USNA.


Sec.  500.4  Conformity with signs and emergency directions.

    Persons in and on property of the USNA shall comply with official 
signs of prohibitory or directive nature and with the directions of 
authorized individuals.


Sec.  500.5  Nuisances.

    (a) The use of loud, abusive, or otherwise improper language, 
unwarranted loitering, sleeping, or assembly, the creation of any 
hazard to persons or things, improper disposal of rubbish, spitting, 
prurient prying, the commission of any obscene or indecent act, or any 
other unseemly or disorderly conduct, throwing articles of any kind 
from a building, and climbing upon any part of a building is 
prohibited.
    (b) Playing of music or creation of other noises of a decibel level 
high enough to be heard outside of the USNA is prohibited.


Sec.  500.6  Gambling.

    Participating in games for money or other personal property, or the 
operation of gambling devices, the conduct of a lottery or pool, or the 
selling or purchasing of numbers tickets, in or on USNA property, is 
prohibited.


Sec.  500.7  Intoxicating beverages and narcotics.

    (a) Entering USNA property or the operation of a motor vehicle 
thereon, by a person under the influence of intoxicating beverages or a 
narcotic drug, is prohibited.
    (b) Except as provided in subpart B, possession of or consumption 
of intoxicating beverages on USNA property is prohibited.
    (c) The sale of alcoholic beverages on the grounds of the USNA is 
prohibited.
    (d) The possession of or use of narcotic drugs on the grounds of 
the USNA is prohibited.


Sec.  500.8  Soliciting, vending, debt collection, and distribution of 
handbills.

    (a) The following activities are prohibited on USNA grounds:
    (1) Soliciting of alms or contributions;
    (2) Display or distribution of commercial advertising;
    (3) Collecting private debts;
    (4) Campaigning for election to any office;
    (5) Soliciting and vending for commercial purposes (including, but 
not limited to, the vending of newspapers, and other publications);
    (6) Soliciting signatures on petitions, polls, or surveys (except 
as authorized by the USNA); and
    (7) Impeding ingress to or egress from the USNA are prohibited.
    (b) Distribution of material such as pamphlets, handbills, and 
flyers is prohibited without prior approval of the Director, USNA.
    (c) The prohibitions in paragraphs (a) and (b) of this section do 
not apply to:
    (1) Commercial or nonprofit activities performed under contract or 
concession with the USNA or pursuant to the provisions of the Randolph 
Sheppard Act;
    (2) The solicitation of USNA personnel for contributions for the 
Combined Federal Campaign (CFC);
    (3) National or local drives for funds for welfare, health, and 
other purposes sponsored or approved by the Agricultural Research 
Service; or
    (4) Personal notices posted by employees on authorized bulletin 
boards.


Sec.  500.9  Photographs for news, advertising, or commercial purposes.

    Photographs for news purposes may be taken at the USNA without 
prior permission. Photographs for advertising and commercial purposes 
may be taken, but only with the prior approval of the Director, USNA 
and fees may be charged pursuant to Sec.  500.23.


Sec.  500.10  Pets.

    Pets brought upon USNA property must have proper vaccinations and,

[[Page 75883]]

except assistance trained animals, must be kept on leash at all times. 
The release or abandonment of fish, plants, and animals of any kind on 
USNA grounds is prohibited.


Sec.  500.11  Vehicular and pedestrian traffic.

    (a) Drivers of all vehicles in or on USNA property shall drive only 
on established roads, shall drive in a careful and safe manner at all 
times, and shall comply with the signals and directions of the Security 
Staff and all posted traffic signs.
    (b) The blocking of entrances, driveways, walks, loading platforms, 
or fire hydrants, and parking in designated no parking areas in or on 
USNA property is prohibited.
    (c) Except in emergencies, parking in or on USNA property in other 
than designated areas is not allowed without a permit. Parking without 
authority, parking in unauthorized locations or in locations reserved 
for other persons, or contrary to the direction of posted signs, is 
prohibited.
    (d) USNA approval is required for all vehicles needed for access 
setup and breakdown activities relating to special events, ceremonies, 
or related activities. Off-road routes will be determined by the USNA.
    (e) In addition to the penalties provided in Sec.  500.15, vehicles 
parked in violation of this section are subject to being towed and the 
cost of such towing being assessed to the owner of such vehicle.
    (f) This section may be supplemented from time to time, by the 
issuance and posting of specific traffic directives as may be required, 
and when so issued and posted such directives shall have the same force 
and effect as if incorporated in this subpart.


Sec.  500.12  Weapons and explosives.

    (a) No person while in or on USNA property shall carry firearms, 
other dangerous or deadly weapons, or explosives, either openly or 
concealed, except for authorized official purposes.
    (b) No person while in or on the USNA shall ignite fireworks or 
other pyrotechnical devices.


Sec.  500.13  Nondiscrimination.

    The USNA is subject to the policy of nondiscrimination in programs 
or activities conducted by the United States Department of Agriculture 
as set forth in 7 CFR part 15d.


Sec.  500.14  Exceptions.

    The Administrator, Agricultural Research Service, may in individual 
cases make prior, written exceptions to the rules and regulations in 
this part if it is determined to be not adverse to the public interest.


Sec.  500.15  Penalties and other law.

    Whoever shall be found guilty of violating the rules and 
regulations in this subpart is subject to fine under title 18, United 
States Code, or imprisonment of not more than 30 days, or both (see 40 
U.S.C. 1315(c)). Nothing contained in the rules and regulations in this 
part shall be construed as abrogating or authorizing the abrogation of 
any other regulations or any Federal law or any laws and regulations of 
the District of Columbia that may be applicable.

Subpart B--Fee Schedule for Certain Uses of National Arboretum 
Facilities and Grounds.

Sec.
500.20 Scope.
500.21 Fee schedule for tram and tours.
500.22 Fees and conditions for use of facilities and grounds.
500.23 Fees for photography and cinematography on grounds.
500.24 Fee schedule.
500.25 Payment of fees.


Sec.  500.20  Scope.

    This subpart sets forth schedules of fees for temporary use by 
individuals or groups of United States National Arboretum (USNA) 
facilities and grounds. This subpart also sets forth schedules of fees 
for the use of the USNA for commercial photography and cinematography. 
Fees generated will be used to offset costs of services or for the 
purposes of promoting the mission of the USNA. All rules and 
regulations noted in 7 CFR 500, subpart A--Conduct on the U.S. National 
Arboretum Property, will apply to individuals or groups granted 
approval to use the facilities and grounds for the purposes specified 
in this subpart.


Sec.  500.21  Fee schedule for tram and tours.

    The USNA provides tours of the USNA grounds in a 48-passenger tram 
(accommodating 2 wheelchairs). The fee is as follows: $4.00 per adult, 
$3.00 per senior citizen or Friend of the National Arboretum, and $2.00 
per child ages 4 through 16. Children under 4 sharing a seat with an 
adult will not be charged. Pre-scheduled tram tours for groups may be 
arranged for a set fee of $125.00. Additionally, a tour guide may be 
pre-arranged to provide a non-tram tour for the fee of $50 per hour. 
Promotional programs offering discounted fees for these programs may be 
instituted at the discretion of the USNA. Payment for use of the tram 
is due at the time of ticket purchase. Payment for pre-scheduled tram 
tours must be made at least two weeks in advance. Payment for pre-
scheduled, non-tram guided tours must be made at least two weeks in 
advance of the tour date.


Sec.  500.22  Fees and conditions for use of facilities and grounds.

    (a) Fee requirement. (1) The USNA will charge a fee for temporary 
use by individuals or groups of USNA facilities and grounds. Fees for 
specific sites are listed in Sec.  500.24.
    (2) Non-profit scientific or educational organizations whose 
purposes and interests are complementary to the mission of the USNA and 
which substantially support the mission and purpose of the USNA (e.g., 
Friends of the National Arboretum) may be exempted from the fee for use 
of USNA facility or grounds requirement of this subpart by the 
Director, but still must reimburse the USNA for its costs, including 
setup, clean-up, security, and other costs as applicable.
    (3) A Half Day usage is defined as 4 hours or less; a Whole Day is 
defined as more than 4 hours in a day. In all cases, usage includes all 
time during which a venue is committed, including time used to set up 
before and clean up after an event. For after-hours usage of sites or 
facilities, an additional $40/hour will be added for supervision/
security, with higher amounts required for sites or facilities that are 
more sensitive.
    (b) Reservations. (1) The USNA will be available only on a limited 
basis at the discretion of the Director of the USNA, and not during 
public access hours, during the peak visitation weekends in April, May, 
and October.
    (2) Facilities and grounds are available by reservation at the 
discretion of the USNA and may be available to individuals or groups 
for uses that are consistent with the mission of the USNA. Agency 
initiatives may be granted first priority. Offices and hallways beyond 
secured doors will not be available for use.
    (3) Reservations to use USNA facilities and grounds may be made 
directly with the USNA. To ensure consideration, reservation requests 
should be made as far in advance of the need as possible with a minimum 
of 30 calendar days prior to the date of use required for all 
reservations.
    (4) The USNA will respond to reservation requests within 10 working 
days with information as to whether the requested site is available for 
use. The USNA will also give notice to the prospective user of any 
planned activities (construction, maintenance, pesticide applications, 
and any similar

[[Page 75884]]

activities) that might affect the planned use or event.
    (5) A 50% non-refundable deposit will be due at the time of a 
booking in order to reserve a specific date and location. The remaining 
50% is due five working days prior to the event.
    (c) Terms and conditions of use. (1) The USNA provides space, 
water, and electrical hookup when available, and restrooms where 
available. Users must provide all tents, tables, chairs, trash 
receptacles, or other property required for the scheduled event. Users 
must remove all trash from the property at the conclusion of the event. 
Users must remove all tents, tables and chairs and other property no 
later than 5:00 p.m. of the day following the event. The USNA will 
charge a facility use and break down fee of $500.00 per day for each 
day following the deadline to remove temporary facilities and 
equipment. The USNA will not store temporary facilities or equipment 
for users.
    (2) Users must abide by USNA vehicle regulations in Sec.  500.11 
including the requirement to obtain USNA approval whenever off road 
access is required for setup.
    (3) The USNA will not assume any responsibility for last minute 
changes due to failure of current mechanical systems, severe storms and 
other weather events, emergencies relating to security and safety.
    (4) Some events that involve bringing animals and certain plants 
onto the USNA property may not be compatible with the plant research, 
display, and education mission of the USNA. Such events will be 
evaluated on a case-by-case basis and exceptions may be made by the 
Director of the USNA.
    (5) Music and bands will be permitted but the decibel level of 
music should not be loud enough to be heard outside the boundaries of 
the USNA.
    (6) In the event of building, property or grounds damage or 
excessive cleaning requirements, charges will be billed and will be due 
within 30 days of billing. Damages to plants, grounds, facilities or 
equipment will be assessed on a value based on replacement cost, 
including labor, plus a 10% administrative fee.
    (7) Upon prior request, the Director may approve the consumption of 
beer and wine during uses of USNA pursuant to this section. Such 
permission will not be granted during times when USNA is open to the 
public. Director approval shall be conditioned upon compliance by users 
and by any of their agents or contractors, with all applicable 
provisions of the District of Columbia Code governing sale and 
consumption of alcoholic beverages, including the rules of the District 
of Columbia Department of Consumer Affairs, Alcoholic Beverage 
Regulation Administration.
    (8) All users of the USNA pursuant to this subpart, as well as all 
those contracting with such users of the USNA, shall comply with all 
Federal and local laws.
    (9) The USNA is a Federal property under the jurisdiction of the 
United States Department of Agriculture. All activities are subject to 
Federal rules and regulations governing the use of public buildings and 
grounds.
    (10) The USNA will not be responsible for any damage or loss 
suffered by an individual, group, or their contractor during a 
permitted event at the USNA.
    (11) The Director may impose additional incidental terms and 
conditions concerning the use of the USNA facilities consistent with 
this part.


Sec.  500.23  Fees for photography and cinematography on grounds.

    The USNA will charge a fee for the use of the facility or grounds 
for purposes of commercial photography or cinematography as specified 
in Sec.  500.24. Facilities and grounds are available for use for 
commercial photography or cinematography at the discretion of the USNA 
Director. Requests for use should be made a minimum of two weeks in 
advance of the required date. The USNA will charge for supervision 
costs at the rate of $40.00 per hour, in addition to the fees listed 
below. The USNA Director may waive fees for photography or 
cinematography conducted for the purpose of disseminating information 
to the public regarding the USNA and its mission or for the purpose of 
other noncommercial, First Amendment activity. The USNA will charge a 
non-refundable application fee of $30 for commercial photography or 
cinematography. If the application is approved and fees will be 
incurred, the application fee will be applied to the total fee due. No 
other credits will be given for the application fee. Fee payments for 
use of facilities or grounds or for photography and cinematography must 
be made in advance of services being rendered. These payments are to be 
made in the form of a check or money order.


Sec.  500.24  Fee Schedule.

----------------------------------------------------------------------------------------------------------------
         Event by category                    Fee*                    Unit                      Notes
----------------------------------------------------------------------------------------------------------------
USNA Terrace.......................  $12,000...............  Per Day...............  Up to 240 seated or 300
                                                                                      standing.
USNA Herb Garden...................  10,000................  Per Day...............  Entrance Circle, Rose and
                                                                                      Knot Garden: Up to 48
                                                                                      seated or 100 standing;
                                                                                      cannot be tented Specialty
                                                                                      Garden: Up to 200
                                                                                      standing; may not be
                                                                                      tented.
USNA Meadow........................  15,000................  Per Day...............  Up to 600 seated or 1000
                                                                                      standing.
USNA Administration Building Lobby.  2,000.................  Per Day...............  Up to 150 standing.
USNA Auditorium....................  2,500.................  Per Day...............  Up to 120 seated or 200
                                                                                      standing.
Friendship Garden..................  1,000.................  Per Day...............  Up to 60 seated or 100
                                                                                      standing.
National Capitol Columns...........  10,000................  Per Day...............  Up to 190 seated or 400
                                                                                      standing; cannot be
                                                                                      tented; includes night
                                                                                      lighting of columns.
Bonsai Museum International          10,000................  Per Day...............  Up to 120 seated or 200
 Pavilion and Upper Courtyard.                                                        standing.
Bonsai Museum Chinese Pavilion.....  10,000................  Per Day...............  Up to 50 seated or 100
                                                                                      standing.
Dogwood Collection Allee & Circle..  3,000.................  Per Day...............  Up to maximum of 150 people
                                                                                      at event; reserved for
                                                                                      marriage ceremonies and
                                                                                      accompanying receptions
                                                                                      only.
M Street Picnic Area...............  5,000.................  Per Day...............  Up to 200 seated or
                                                                                      standing; paved or grassy
                                                                                      areas can be tented.
Classroom..........................  125...................  Per Day...............  Standard set-up with 40
                                     50....................  Per Half Day..........   chairs; includes
                                                                                      microphone/lectern,
                                                                                      screen, projection stand,
                                                                                      two flip charts (no paper)
                                                                                      and trashcan.

[[Page 75885]]

 
Still Photography:
    Individual.....................  No Charge.............  ......................  For personal use only;
                                                                                      includes hand-held
                                                                                      cameras, recorders and
                                                                                      small non-commercial
                                                                                      tripods.
    Commercial.....................  $30...................  Application Fee.......  All. professional
                                                                                      photography; photographs
                                                                                      for which a fee will be
                                                                                      received or which are for
                                                                                      other than personal use.
                                     $250 plus Supervisor..  Per Half Day.
Cinematography:
    Set Preparation................  30....................  Application Fee.......  Set up; no filming.
                                     $250 plus Supervision.  Per Whole Day.........
    Filming........................  $1,500 to $3,900......  Per Whole Day.........  Sliding scale based on
                                                                                      number of people in cast
                                                                                      and crew and number of
                                                                                      pieces of equipment from
                                                                                      45 people and 6 pieces of
                                                                                      equipment = $1,500 to 200
                                                                                      people = $3,900; 5 people
                                                                                      with carry on equipment =
                                                                                      same as still photography.
Slide Production...................  $100..................  Per Image.............  Purchase of USNA photos/
                                                                                      slides.
----------------------------------------------------------------------------------------------------------------
*Fees includes only access to sites; additional security charges may be necessary depending upon the site and
  the number of people participating.

Sec.  500.25  Payment of fees.

    (a) Unless provided otherwise, all payments due under this subpart 
must be made by cash, check, or money order (in U.S. funds). Checks and 
money orders for payment of any fees imposed under this part are to be 
made payable, in U.S. funds, to the ``U.S. National Arboretum.'' The 
USNA may provide receipts to requesters for their records or billing 
purposes. If the USNA enters into an agreement to allow USNA visitors 
and users to make payment in the form of a credit card, USNA visitors 
and users who are assessed user fees may pay those fees with a credit 
card subject to the terms and conditions of such agreement.
    (b) Any fees that become past due shall be collected in accordance 
with 7 CFR part 3.

    Done at Washington, DC, this 17th day of November, 2004.
Edward B. Knipling,
Administrator, Agricultural Research Service.
[FR Doc. 04-27394 Filed 12-17-04; 8:45 am]
BILLING CODE 3410-03-P