US Code
CHAPTER 1009— ADMINISTRATION
§ 100905. Commercial filming


(a)
Commercial Filming Fee.—
(1)
In general.—
The Secretary shall require a permit and shall establish a reasonable fee
for commercial filming activities or similar projects in a System unit. 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
in the System unit.
(B)
The size of the film crew present in the System unit.
(C)
The amount and type of equipment present in the System unit.
(2)
Other factors.—
The Secretary may include other factors in determining an appropriate fee
as the Secretary considers necessary.
(b)
Recovery of Costs.—
The Secretary shall collect any costs incurred as a result of filming
activities or similar projects, including administrative and personnel costs. All
costs recovered shall be in addition to the fee assessed in subsection (a).
(c)
Still Photography.—
(1)
In general.—
Except as provided in paragraph (2), the Secretary shall not require a
permit or assess a fee for still photography in a System unit if the photography
takes place where members of the public are generally allowed. The Secretary may
require a permit, assess a fee, or both, if the photography takes place at other
locations where members of the public are generally not allowed, or where
additional administrative costs are likely.
(2)
Exception.—
The Secretary shall require and shall establish a reasonable fee for still
photography that uses models or props that 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 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)
Use of Proceeds.—
(1)
Fees.—
All fees collected under this section shall be available for expenditure by
the Secretary, without further appropriation and shall remain available until
expended.
(2)
Costs.—
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)
Processing of Permit Applications.—
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.