II

106TH CONGRESS

2D SESSION S. 2331

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, South Carolina.

IN THE SENATE OF THE UNITED STATES

MARCH 30, 2000

Mr. HOLLINGS introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural 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, South Carolina.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. RECALCULATION OF FRANCHISE FEE.

4 (a) DEFINITIONS.—In this section:

5 (1) FRANCHISEE.—The term ‘‘franchisee’’

6 means Fort Sumter Tours, Inc., a concessioner pro7 viding service to Fort Sumter National Monument,

8 South Carolina.
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1 (2) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

3 (b) RECALCULATION OF FRANCHISE FEE.—Not later

4 than 30 days after the date of enactment of this Act, the

5 Secretary shall—

6 (1) recalculate the amount (if any) of the fran7 chise fee owed by the franchisee; and

8 (2) notify the franchisee of the recalculated

9 amount.

10 (c) ARBITRATION.—

11 (1) IN GENERAL.—If the amount of the fran12 chise fee as recalculated under subsection (a) is not

13 acceptable to the franchisee—

14 (A) the franchisee, not later than 5 days

15 after receipt of notification under subsection

16 (b)(2), shall so notify the Secretary; and

17 (B) the amount of the franchise fee owed

18 shall be determined through binding arbitration

19 that provides for a trial-type hearing that—

20 (i) includes the opportunity to call

21 and cross-examine witnesses; and

22 (ii) is subject to supervision by the

23 United States District Court for the Dis24 trict of Columbia in accordance with the

25 title 9, United States Code.
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1 (2) SELECTION OF ARBITRATOR OR ARBITRA2 TION PANEL.—

3 (A) AGREEMENT ON ARBITRATOR.—For a

4 period of not more than 30 days after the

5 franchisee gives notification under paragraph

6 (1)(A), the Secretary and the franchisee shall

7 attempt to agree on the selection of an arbi8 trator to conduct the arbitration.

9 (B) PANEL.—If at any time the Secretary

10 or the franchisee declares that the parties are

11 unable to agree on an arbitrator—

12 (i) the Secretary and the franchisee

13 shall each select an arbitrator;

14 (ii) not later than 10 days after 2 ar15 bitrators are selected under clause (i), the

16 2 arbitrators shall select a third arbitrator;

17 and

18 (iii) the 3 arbitrators shall conduct

19 the arbitration.

20 (3) COMMENCEMENT AND COMPLETION.—An

21 arbitration proceeding under paragraph (1)—

22 (A) shall commence not later than 30 days

23 after the date on which an arbitrator or arbitra24 tion panel is selected under paragraph (2); and
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1 (B) shall be completed with a decision ren2 dered not later than 240 days after that date.

3 (4) APPLICABLE LAW.—

4 (A) RELEVANT TIME PERIOD.—The law

5 applicable to the recalculation of the franchise

6 fee under this subsection shall be the law appli7 cable to franchise fee determinations in effect

8 at the beginning of the period for which the

9 franchise fee is payable.

10 (B) PREVIOUS DECISIONS.—No previous

11 judicial decision regarding the franchise fee dis12 pute that is the subject of arbitration under

13 this subsection may be introduced in evidence

14 or considered by the arbitrator or arbitration

15 panel for any purpose.

16 (5) FEES AND COSTS.—If the franchisee is the

17 prevailing party in binding arbitration, the arbi18 trator or arbitration panel shall award the franchisee

19 reasonable attorney’s fees and costs for all pro20 ceedings involving the disputed franchise fee con21 sistent with—

22 (A) section 504 of title 5, United States

23 Code; and

24 (B) section 2412 of title 28, United States

25 Code.
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1 (d) BIDS AND PROPOSALS.—Until such date as any

2 arbitration under this Act is completed and is no longer

3 subject to appeal, the Secretary—

4 (1) shall not solicit or accept a bid or proposal

5 for any contract for passenger service to Fort Sum6 ter National Monument; and

7 (2) shall offer to the franchisee annual exten8 sions of the concessions contract in effect on the

9 date of enactment of this Act.

Æ