[106th Congress Public Law 206]
[From the U.S. Government Printing Office]


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[DOCID: f:publ206.106]


[[Page 114 STAT. 314]]

Public Law 106-206
106th Congress

                                 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. <<NOTE: May 26, 2000 -  [H.R. 154]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION <<NOTE: 16 USC 460l-6d.>> 1. COMMERCIAL FILMING.

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

[[Page 114 STAT. 315]]

            (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.

    Approved May 26, 2000.

LEGISLATIVE HISTORY--H.R. 154:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-75 (Comm. on Resources).
SENATE REPORTS: No. 106-67 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
                                                        Vol. 145 (1999):
                                    Apr. 12, considered and passed 
                                        House.
                                    Nov. 19, considered and passed 
                                        Senate, amended.
                                                        Vol. 146 (2000):
                                    May 22, House concurred in Senate 
                                        amendments.

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