At press time, a bill governing filming on public lands—specifically within the National Parks and National Wildlife Refuge Systems—was in a holding pattern. The measure, H.R. 154, passed the U.S. Senate last month but was submitted to the House of Representatives too late for consideration during this session of Congress. When the House of Representatives reconvenes in late January, the legislation is expected to come up for a vote. If passed, the bill would then go to President Clinton, who could sign it into law.
H.R. 154—originally authored by Congressman Joel Hefley (R-Colo.)—is no stranger to the waiting game. An earlier version of the measure passed both houses of Congress in ’98. But subsequently in the Senate, the measure got packaged with other
unrelated bills, including one for the establishment of a water project in South Dakota. The package of bills was then sent back to the House of Representatives, where it was defeated (SHOOT, 10/30/98, p. 1).
But since then, the bill has made strides that are cause for optimism, even with this latest delay. The new H.R. 154 is the result of an agreed-upon merger of bills supported by Hefley and Sen. Craig Thomas (R-Wyo.). This cooperative effort has provided the legislation with considerable backing in both houses of Congress, to the point where some expect the House of Representatives to vote in favor of the measure next month or by February. At press time, several legislative analysts felt that once passed by the House of Representatives, the bill would gain the signature of President Clinton.
Larry Hojo, legislative director for Congressman Hefley, said the bill seems like "a prime candidate" for fast-track approval, given the support expressed in the House of Representatives. He noted that the sentiment in the House of Representatives is not to postpone the bill further by putting it up for committee consideration. He is optimistic that H.R. 154 will be voted on in a timely fashion early next year.
Although a final copy of the bill in its present state was not available at press time, it is believed to still retain key provisions that have been endorsed by the spotmaking community, including the Association of Independent Commercial Producers (AICP) and the Association of National Advertisers. For example, H.R. 154 continues to base National Parks Service filming fees on crew size and length of stay on location—barometers that are favorable to commercials, which are usually smaller-scale productions and have shorter lensing periods compared to their TV program and theatrical feature counterparts.
Additionally, H.R. 154 has also retained a provision calling for timely processing of film permits. The timetable for processing would be tied to the length of projected filming. For filming permits of shorter duration—as is typical in commercials—the turnaround for processing would be shorter than would a request to shoot for an extended period of time, which is often the case for theatrical movies and telefilms.
The measure is also believed to have kept language that would provide for local retention of filming-related fees. Several sectors of the production industry have advocated this, reasoning that it would serve as added incentive for local public land managers to service producers. Generating more revenue locally might also help justify the hiring of a liaison to handle and expedite filming requests, easing the heavy workload of public land managers.
Supporters of H.R. 154 feel that promoting filming on U.S. public lands will help combat runaway production. While the prospects for passage of talked-about tax breaks and other incentives are debatable, it appears that H.R. 154 has a more realistic chance of becoming law.
