To direct the Secretary of the Interior to recalculate the franchise fee owed by Fort Sumter Tours, Inc., a concessioner providing service to Fort Sumter National Monument in South Carolina, and for other purposes.

Directs the Secretary of the Interior to recalculate the franchise fee owed by Fort Sumter Tours, Inc., a concessioner providing service to Fort Sumter National Monument in South Carolina.

Provides for: (1) determination of the fee owed through binding arbitration if the recalculation is not acceptable to Fort Sumter Tours, Inc.; (2) mutual agreement on an arbitrator by the Secretary and Fort Sumter Tours, Inc.; and (3) creation of a panel of three arbitrators if the parties are unable to agree on an arbitrator.

Provides that the law applicable to the recalculation of the franchise fee shall be the law in effect at the beginning of the period for which the fee is payable. Prohibits previous judicial decisions regarding the fee dispute from being introduced in evidence or considered by the arbitrator.

Requires the arbitrator to award Fort Sumter Tours, Inc. reasonable attorney's fees and costs for all proceedings involving the disputed franchise fee if it is the prevailing party in arbitration.

Prohibits the Secretary, until arbitration is completed and no longer subject to appeal, from soliciting or accepting a bid for any contract for passenger service to the National Monument. Requires the Secretary, during such time frame, to offer annual extensions of the concessions contract to Fort Sumter Tours, Inc.

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3241 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3241

 To direct the Secretary of the Interior to recalculate the franchise 
 fee owed by Fort Sumter Tours, Inc., a concessioner providing service 
   to Fort Sumter National Monument in South Carolina, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 5, 1999

 Mr. Sanford introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of the Interior to recalculate the franchise 
 fee owed by Fort Sumter Tours, Inc., a concessioner providing service 
   to Fort Sumter National Monument in South Carolina, and for other 
                               purposes.

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

SECTION 1. RECALCULATION OF FEES; ARBITRATION.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of the Interior shall recalculate 
the franchise fee allegedly owed by Fort Sumter Tours, Inc., a 
concessioner providing service to Fort Sumter National Monument in 
South Carolina.
    (b) Arbitration.--
            (1) In general.--If the recalculation conducted pursuant to 
        subsection (a) is not acceptable to Fort Sumter Tours, Inc., 
        the amount of the franchise fee owed shall be determined 
        through binding arbitration as required by section 407 of the 
        National Parks Omnibus Management Act of 1998 (P.L. 105-391; 
        112 Stat. 3511). Such binding arbitration shall commence not 
        later than 30 days after notification by Fort Sumter Tours, 
        Inc. to the Secretary that the recalculation is unacceptable.
            (2) Deadline for decision.--The binding arbitration 
        referred to in paragraph (1) shall be completed and a decision 
        rendered not later than 240 days after its commencement.
            (3) Selection of arbitrators.--
                    (A) Agreement on arbitrator.--An arbitrator under 
                this section shall be mutually agreed upon by the 
                Secretary and Fort Sumter Tours, Inc.
                    (B) Panel.--If either the Secretary or Fort Sumter 
                Tours, Inc. declares that the parties are unable to 
                agree upon an arbitrator, then, not later than 30 days 
                after the commencement of the arbitration, the 
                Secretary and Fort Sumter Tours, Inc. shall each select 
                an arbitrator. Not later than 10 days after the second 
                arbitrator is chosen under the previous sentence, the 2 
                arbitrators chosen under that sentence shall select a 
                third arbitrator and the 3 arbitrators shall preside 
                over the arbitration.
            (4) Applicable law.--The laws applicable to arbitration 
        under this subsection shall be the laws applicable to franchise 
        fee determinations in effect at the beginning of the period for 
        which the franchise fees would be payable. Previous decisions 
        regarding the franchise fee dispute which is the subject of the 
        arbitration may not be introduced into evidence or considered 
        by the arbitrators for any purpose.
            (5) Fees and costs.--The arbitrator(s) shall award Fort 
        Sumter Tours, Inc. reasonable attorney's fees and costs for all 
        proceedings involving the disputed franchise fee consistent 
        with section 504 of title 5, United States Code, and section 
        2412 of title 28, United States Code.
                                 <all>