§ 460l-6d. 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.
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.
(d)
Protection of resources
The Secretary shall not permit any filming, still photography or other related activity if the Secretary determines—
(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.
(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.