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) of this section.
(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;
(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 section 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 section 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.
Public Law 104–134, referred to in subsec. (e)(1), is Pub. L. 104–134, Apr. 26, 1996, 110 Stat. 1321, known as the Omnibus Consolidated Rescissions and Appropriations Act of 1996. The Recreational Fee Demonstration Program was authorized by Pub. L. 104–134, title I, § 101(c) [title III, § 315], Apr. 26, 1996, 110 Stat. 1321–156, 1321–200, as amended, which was set out as a note under section
460l–6a of this title, prior to repeal by Pub. L. 108–447, div. J, title VIII, § 813(b),Dec. 8, 2004, 118 Stat. 3390. For complete classification of Pub. L. 104–134to the Code, see Tables.
Section was not enacted as part of the Land and Water Conservation Fund Act of 1965 which comprises this part.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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