Page:United States Statutes at Large Volume 128.pdf/3286

128 STAT. 3262

“(a) —
 * “(1) —The Secretary of the Interior or the Secretary of Agriculture (hereafter individually referred to as the ‘Secretary’ with respect to land (except land in a System unit as defined in of title 54, United States Code) under their respective jurisdictions) shall require a permit and shall establish a reasonable fee for commercial filming activities or similar projects on Federal land administered by the Secretary. The fee shall provide a fair return to the United States and shall be based on the following criteria:
 * “(A) The number of days the filming activity or similar project takes place on Federal land under the Secretary’s jurisdiction.
 * “(B) The size of the film crew present on Federal land under the Secretary’s jurisdiction.
 * “(C) The amount and type of equipment present.
 * “(2) —The Secretary may include other factors in determining an appropriate fee as the Secretary considers necessary.

“(b) —The Secretary shall collect any costs incurred as a result of filming activities or similar project, including administrative and personnel costs. All costs recovered shall be in addition to the fee assessed in subsection (a).

“(c) —
 * “(1) —Except as provided in paragraph (2), the Secretary shall not require a permit nor assess a fee for still photography on land 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) —The Secretary shall not permit any filming, still photography or other related activity if the Secretary determines that—
 * “(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) the activity poses health or safety risks to the public.

“(e) —
 * “(1) —All fees collected under this section shall be available for expenditure by the Secretary, without further appropriation and 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 the costs are collected and shall remain available until expended.

“(f) —The Secretary shall establish a process to ensure that the Secretary responds in a timely manner to permit applicants for commercial filming, still photography, or other activity.”.