CITE

    16 USC Sec. 460l-6d                                         01/08/2008

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
    SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
    Part B - Land and Water Conservation Fund

HEAD

    Sec. 460l-6d. Commercial filming

STATUTE

    (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) 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.

SOURCE

    (Pub. L. 106-206, Sec. 1, May 26, 2000, 114 Stat. 314.)

REFERENCES IN TEXT

      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, Sec. 101(c) [title III, Sec. 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, Sec. 813(b), Dec. 8, 2004, 118
    Stat. 3390. For complete classification of Pub. L. 104-134 to the
    Code, see Tables.

CODIFICATION

      Section was not enacted as part of the Land and Water
    Conservation Fund Act of 1965 which comprises this part.