[Federal Register Volume 71, Number 71 (Thursday, April 13, 2006)]
[Rules and Regulations]
[Pages 19127-19129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3529]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 5

RIN 1093-AA10


Making Pictures, Television Productions, or Sound Tracks on 
Certain Areas Under the Jurisdiction of the Department of the Interior

AGENCY: Office of the Secretary, Interior.

ACTION: Final rule.

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SUMMARY: The Office of the Secretary is revising regulations found at 
43 CFR 5.1 to allow implementation of legislation that directs the 
establishment of a reasonable fee for commercial filming activities or 
similar projects and still photography where a permit is required.

DATES: Effective Date: April 13, 2006.

FOR FURTHER INFORMATION CONTACT: Lee Dickinson, Special Park Uses 
Program Manager, National Park Service, 1849 C Street, NW., ORG CODE 
2460, Washington, DC 20240, telephone: 202-513-7092, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Public Law 106-206 (codified at 16 U.S.C. 
460l-6d) directs the Secretaries of the Interior and Agriculture to 
establish a reasonable fee system (referred to as a location fee in 
this publication) for commercial filming and still photography 
activities on lands under the Secretaries' jurisdiction.
    The Department of the Interior (DOI) regulations at 43 CFR part 5 
prohibit the National Park Service (NPS) from collecting fees ``for the 
making of motion pictures, television productions or sound tracks * * * 
''. The Office of the Secretary is revising the current regulation by 
removing the prohibition.

Background

    Lands of the United States were set aside by Congress or the 
Executive Branch to conserve and protect areas of untold beauty and 
grandeur, historical importance, and uniqueness for future generations. 
Often it is the uniqueness of the land that attracts filmmakers. This 
tradition started with explorers who traveled with paint and canvas or 
primitive photo apparatus before the areas were designated as a 
national park, wildlife refuge, or forest. Generally, land management 
agencies allow commercial filming and still photography when it is 
consistent with their mission and will not harm the resource or 
interfere with the visitor experience.
    While many commercial filming and still photography permits issued 
by the land management agencies are for small productions involving 
educational material or commercial advertising, a significant number of 
commercial filming permits have been issued to makers of major motion 
pictures.
    Public Law 106-206 specifically requires permits, reasonable fees 
for use of federal lands and reimbursement of costs incurred by the 
government as a result of both commercial filming and certain still 
photography activities. Congress recognized in this law that when 
commercial filming and certain

[[Page 19128]]

still photography activities are allowed on Federal lands, it is 
necessary to manage the activity through a permitting process to 
minimize the possibility of damage to the cultural or natural resources 
or interference with other visitors to the area and the agencies will 
incur costs in providing this management.

Key Issues

    The Department of the Interior (DOI) regulations at 43 CFR part 5 
which prohibit the NPS from collecting fees for commercial film 
productions are in conflict with the Pub. L. 106-206. Therefore, to 
implement the fee requirement of the law the Office of the Secretary is 
revising the current regulation by removing the prohibition.
    In June 2004, the Government Accountability Office (GAO) at the 
request of some members of Congress began a review of NPS policy and 
guidance related to issuing special use permits for special events and 
for commercial filming and still photography. In a report issued May 6, 
2005, the GAO concluded that the NPS could have collected and retained 
at least $1.6 million in location fees for commercial filming and still 
photography activities permitted on park lands if Pub. L. 106-206 had 
been implemented. One recommendation of the report was that the NPS 
``Expedite the implementation of the law that requires the Park Service 
to collect location fees and costs for commercial filming and still 
photography, when appropriate.''
    In order to expedite the implementation of Pub. L. 106-206, the 
Office of the Secretary will implement this final rule which will 
remove from current regulations found in 43 CFR 5.1(b)(1) the statement 
that prohibits the National Park Service from charging a fee ``for the 
making of motion pictures, television productions or sound tracks. * * 
*'' This rule will allow the NPS to charge fees during an interim 
period while a Department-wide rule, which includes the Bureau of Land 
Management and the U.S. Fish and Wildlife Service, is promulgated. The 
Department-wide rule will establish a fee schedule specific to this 
rule.

Compliance With Other Laws

Regulatory Planning and Review (Executive Order 12866)

    This document is a significant rule and has been reviewed by the 
Office of Management and Budget (OMB) under Executive Order 12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency.
    (3) This rule does not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients.
    (4) While this rule follows the direction of Congress by 
implementing the provisions of Public Law 106-206, OMB has determined 
that the rule raises novel legal or policy issues.

Regulatory Flexibility Act

    The Department of the Interior certifies that this rulemaking will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million or 
more.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or tribal governments or the private sector.

Takings (Executive Order 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications.

Federalism (Executive Order 13132)

    In accordance with Executive Order 13132, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism assessment.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the order.

Paperwork Reduction Act

    This proposed regulation requires individuals and companies wishing 
to do commercial filming and still photography park lands to obtain a 
permit from the superintendent managing the park land. The permit 
holder is also responsible for reimbursing the agency for costs 
incurred and to pay a land use fee. The mechanics of applying for the 
permit and the forms involved are not addressed in this proposed 
regulation, but are addressed in existing NPS regulations and internal 
guidance. The NPS uses application forms NPS 10-931 (Film--Short Form) 
and NPS 10-932 (Film--Long Form). Both forms are assigned OMB Control 
Number 1024-0026 and expire December 31, 2006. Therefore, these 
regulations do not contain information collection requirements that the 
OMB must approve under the Paperwork Reduction Act of 1995, 44 U.S.C. 
3501 et seq.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment, health, and safety 
because it is not expected to:
    (a) Increase public use to the extent of compromising the nature 
and character of the area or causing physical damage to it;
    (b) Introduce noncompatible uses that might compromise the nature 
and characteristics of the area, or cause physical damage to it;
    (c) Conflict with adjacent ownerships or land uses; or
    (d) Cause a nuisance to adjacent owners or occupants.
    Based on this determination, the regulation is categorically 
excluded from the procedural requirements of the National Environmental 
Policy Act (NEPA) by Departmental guidelines in 516 DM 6, (49 FR 
21438). Therefore, neither an environmental assessment nor an 
environmental impact statement has been prepared.
    The location fee authorized by Public Law 106-206 and governed by 
this proposed regulation is a fee collected when a permit is issued by 
the NPS for a commercial filming or still photography activity. Any 
analysis required by the NEPA, as well as the National Historic 
Preservation Act, would be conducted in conjunction with the permitting 
process and would

[[Page 19129]]

evaluate the impact of the requested activity on the resource.

Government-to-Government Relationship With Tribes

    In accordance with Executive Order 13175 ``Consultation and 
Coordination with Indian Tribal Governments'' (65 FR 67249), the 
President's memorandum of April 29, 1994, ``Government-to-Government 
Relations with Native American Tribal Governments'' (59 FR 22961), and 
512 DM 2, we have evaluated potential effects on federally recognized 
Indian tribes and have determined that there are no potential effects.

Clarity of This Regulation

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. We invite your comments on how to make 
this rule easier to understand, including answers to questions such as 
the following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to understand if it were divided 
into more (but shorter) sections? (A ``section'' appears in bold type 
and is preceded by the symbol ``Sec.  '' and a numbered heading; for 
example Sec.  14.10 Purpose). (5) Is the description of the rule in the 
``Supplementary Information'' section of the preamble helpful in 
understanding the proposed rule? What else could we do to make the rule 
easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, DOI, Room 
7229, 1849 C Street, NW., Washington, DC 20240. You may also e-mail the 
comments to this address: [email protected]

Administrative Procedure Act

    In this rulemaking, we are revising existing regulations in order 
to implement Public Law 106-206, a law to allow the Secretary of the 
Interior to establish a fee system for commercial filming and certain 
still photography activities on Federal land. The existing regulations 
at 43 CFR 5.1 prohibit charging fees for these activities and the new 
law, Public Law 106-206, (codified at 16 U.S.C. 4601-6d), requires the 
Secretary to charge fees for these same activities. This rulemaking 
will delete the prohibition in the existing regulation. Therefore, we 
are publishing this action without prior proposal because we view this 
as a nondiscretionary revision that is required by law. We find good 
cause, pursuant to 5 U.S.C. 553(b) and 553(d), that notice and public 
procedure are unnecessary and this rule will take effect upon 
publication. However later this year we will publish in the Federal 
Register and request comments on a proposed rule on commercial filming 
and still photography activities for Department of the Interior 
agencies, including the National Park Service, Fish and Wildlife 
Service, and Bureau of Land Management.

List of Subjects in 43 CFR Part 5

    Motion pictures, Recordings, Television.

0
For the reasons set forth in the preamble, the Department of the 
Interior amends 43 CFR part 5 as follows:

PART 5--MAKING PICTURES, TELEVISION PRODUCTIONS OR SOUND TRACKS ON 
CERTAIN AREAS UNDER THE JURISDICTION OF THE DEPARTMENT OF THE 
INTERIOR

0
1. The authority for part 5 continues to read as follows:

    Authority: 16 U.S.C. 1, 3, 9a, 460(q), 462(k); Sec. 7.96 also 
issued under DC Code 8-137 (1981) and DC Code 40-721 (1981).


Sec.  5.1  [Amended]

0
2. Revise Sec.  5.1(b)(1) to read as follows:
* * * * *
    (b) * * *
    (1) No fees will be charged for the making of motion pictures, 
television productions or sound tracks on areas administered by the 
U.S. Fish and Wildlife Service. The regular general admission and other 
fees currently in effect in any area under the jurisdiction of the 
National Park Service are not affected by this paragraph.
* * * * *

    Dated: April 6, 2006.
P. Lynn Scarlett,
Deputy Secretary of the Interior.
[FR Doc. 06-3529 Filed 4-12-06; 8:45 am]
BILLING CODE 4312-52-P