S 1136

112th CONGRESS
1st Session

S. 1136

To amend Public Law 106-206 to direct the Secretary of the Interior and the Secretary of Agriculture to require annual permits and assess annual fees for commercial filming activities on Federal land for film crews of 5 persons or fewer.

IN THE SENATE OF THE UNITED STATES

May 26, 2011

Mr. TESTER introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources


A BILL

To amend Public Law 106-206 to direct the Secretary of the Interior and the Secretary of Agriculture to require annual permits and assess annual fees for commercial filming activities on Federal land for film crews of 5 persons or fewer.

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

SECTION 1. PURPOSE.

    The purpose of this Act is to provide commercial film crews of 5 persons or fewer access to film in areas designated for public use during public hours on Federal land and waterways.

SEC. 2. ANNUAL PERMIT AND FEE FOR FILM CREWS OF 5 PERSONS OR FEWER.

    (a) In General- Section (1)(a) of Public Law 106-206 (16 U.S.C. 460l-6d(a)) is amended--

      (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and indenting appropriately;

      (2) in the first sentence, by striking `The Secretary of the Interior' and inserting the following:

      `(1) IN GENERAL- Except as provided in paragraph (4), the Secretary of the Interior';

      (3) in the second sentence, by striking `Such fee' and inserting the following:

      `(2) CRITERIA- The fee established under paragraph (1)';

      (4) in the third sentence, by striking `The Secretary may' and inserting the following:

      `(3) OTHER CONSIDERATIONS- The Secretary may'; and

      (5) by adding at the end the following:

      `(4) SPECIAL RULES FOR FILM CREWS OF 5 PERSONS OR FEWER-

        `(A) DEFINITION OF FILM CREW- In this paragraph, the term `film crew' means any persons present on Federal land or waterways under the jurisdiction of the Secretary who are associated with the production of a film.

        `(B) REQUIRED PERMIT AND FEE- For any film crew of 5 persons or fewer, the Secretary shall require a permit and assess an annual fee of $200 for commercial filming activities or similar projects on Federal land and waterways administered by the Secretary.

        `(C) COMMERCIAL FILMING ACTIVITIES- A permit issued under subparagraph (B) shall be valid for commercial filming activities or similar projects that occur in areas designated for public use during public hours on all Federal land and waterways administered by the Secretary for a 1-year period beginning on the date of issuance of the permit.

        `(D) NO ADDITIONAL FEES- For persons holding a permit issued under this paragraph, during the effective period of the permit, the Secretary shall not assess any fees in addition to the fee assessed under subparagraph (B).

        `(E) USE OF CAMERAS- The Secretary shall not prohibit, as a mechanized apparatus or under any other purposes, use of cameras or related equipment used for the purpose of commercial filming activities or similar projects in accordance with this paragraph on Federal land and waterways administered by the Secretary.

        `(F) NOTIFICATION REQUIRED- A film crew of 5 persons or fewer subject to a permit issued under this paragraph shall notify the applicable land management agency with jurisdiction over the Federal land at least 48 hours before entering the Federal land.

        `(G) DENIAL OF ACCESS- The head of the applicable land management agency may deny access to a film crew under this paragraph if--

          `(i) there is a likelihood of resource damage that cannot be mitigated;

          `(ii) there would be an unreasonable disruption of the use and enjoyment of the site by the public;

          `(iii) the activity poses health or safety risks to the public; or

          `(iv) the filming includes the use of models or props that are not part of the natural or cultural resources or administrative facilities of the Federal land.'.

    (b) Recovery of Costs- Section (1)(b) of Public Law 106-206 (16 U.S.C. 460l-6d) is amended in the first sentence--

      (1) by striking `collect any costs' and inserting `recover any costs'; and

      (2) by striking `similar project' and inserting `similar projects'.

END