IB
Union Calendar No. 564
106TH CONGRESS
2D SESSION
H. R. 3241
[Report No. 106–937]
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
OCTOBER 5, 2000
Additional sponsors: Mr. SPENCE, Mr. SPRATT, Mr. CLYBURN, Mr. DEMINT,
and Mr. GRAHAM
OCTOBER 5, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on November 5, 1999]
A BILL
To direct the Secretary of the Interior to recalculate the
franchise fee owed by Fort Sumter Tours, Inc., a conces-
sioner providing service to Fort Sumter National Monu-
ment in South Carolina, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. RECALCULATION OF FRANCHISE FEE.
(a) DEFINITIONS.—In this section:
(1) FRANCHISEE.—The term ‘‘franchisee’’ means
Fort Sumter Tours, Inc., a concessioner providing
service to Fort Sumter National Monument, South
Carolina.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(b) RECALCULATION OF FRANCHISE FEE.—Not later
than 30 days after the date of enactment of this Act, the
Secretary shall—
(1) recalculate the amount (if any) of the fran-
chise fee owed by the franchisee; and
(2) notify the franchisee of the recalculated
amount.
(c) ARBITRATION.—
(1) IN GENERAL.—If the amount of the franchise
fee as recalculated under subsection (a) is not accept-
able to the franchisee—
(A) the franchisee, not later than 5 days
after receipt of notification under subsection
(b)(2), shall so notify the Secretary; and
(B) the amount of the franchise fee owed
shall be determined through binding arbitration
that provides for a trial-type hearing that—
(i) includes the opportunity to call and
cross-examine witnesses; and
(ii) is subject to supervision by the
United States District Court for the District
of Columbia in accordance with the title 9,
United States Code.
(2) SELECTION OF ARBITRATOR OR ARBITRATION
PANEL.—
(A) AGREEMENT ON ARBITRATOR.—For a
period of not more than 30 days after the
franchisee gives notification under paragraph
(1)(A), the Secretary and the franchisee shall at-
tempt to agree on the selection of an arbitrator
to conduct the arbitration.
(B) PANEL.—If at any time the Secretary
or the franchisee declares that the parties are un-
able to agree on an arbitrator—
(i) the Secretary and the franchisee
shall each select an arbitrator;
(ii) not later than 10 days after 2 ar-
bitrators are selected under clause (i), the 2
arbitrators shall select a third arbitrator;
and
(iii) the 3 arbitrators shall conduct the
arbitration.
(3) COMMENCEMENT AND COMPLETION.—An ar-
bitration proceeding under paragraph (1)—
(A) shall commence not later than 30 days
after the date on which an arbitrator or arbitra-
tion panel is selected under paragraph (2); and
(B) shall be completed with a decision ren-
dered not later than 240 days after that date.
(4) APPLICABLE LAW.—
(A) RELEVANT TIME PERIOD.—The law ap-
plicable to the recalculation of the franchise fee
under this subsection shall be the law applicable
to franchise fee determinations in effect at the be-
ginning of the period for which the franchise fee
is payable.
(B) PREVIOUS DECISIONS.—No previous ju-
dicial decision regarding the franchise fee dis-
pute that is the subject of arbitration under this
subsection may be introduced in evidence or con-
sidered by the arbitrator or arbitration panel for
any purpose.
(5) FEES AND COSTS.—If the franchisee is the
prevailing party in binding arbitration, the arbi-
trator or arbitration panel shall award the franchisee
reasonable attorney’s fees and costs for all proceedings
involving the disputed franchise fee consistent with—
(A) section 504 of title 5, United States
Code; and
(B) section 2412 of title 28, United States
Code.
(d) BIDS AND PROPOSALS.—Until such date as any
arbitration under this Act is completed and is no longer
subject to appeal, the Secretary—
(1) shall not solicit or accept a bid or proposal
for any contract for passenger service to Fort Sumter
National Monument; and
(2) shall offer to the franchisee annual extensions
of the concessions contract in effect on the date of en-
actment of this Act.
Union Calendar No. 564
106TH CONGRESS
2D SESSION
H. R. 3241
[Report No. 106–937]
A BILL
To direct the Secretary of the Interior to recal-
culate the franchise fee owed by Fort Sumter
Tours, Inc., a concessioner providing service to
Fort Sumter National Monument in South Caro-
lina, and for other purposes.
OCTOBER 5, 2000
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed