[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2331 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 2331

_______________________________________________________________________

                                 AN ACT


 
To require the Secretary of the Interior to submit the dispute over the 
 franchise fee owed by Fort Sumter Tours, Inc. to binding arbitration.

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

SECTION. 1. ARBITRATION REQUIREMENT.

    The Secretary of the Interior (in this Act referred to as the 
``Secretary'') shall, upon the request of Fort Sumter Tours, Inc. (in 
this Act referred to as the ``Concessioner''), agree to binding 
arbitration to determine the franchise fee payable under the contract 
executed on June 13, 1986 by the Concessioner and the National Park 
Service, under which the Concessioner provides passenger boat service 
to Fort Sumter National Monument in Charleston Harbor, South Carolina 
(in this Act referred to as ``the Contract'').

SEC. 2. APPOINTMENT OF THE ARBITRATOR.

    (a) Mutual Agreement.--Not later than 30 days after the date of 
enactment of this Act, the Secretary and the Concessioner shall jointly 
select a single arbitrator to conduct the arbitration under this Act.
    (b) Failure To Agree.--If the Secretary and the Concessioner are 
unable to agree on the selection of a single arbitrator within 30 days 
after the date of enactment of this Act, within 30 days thereafter the 
Secretary and the Concessioner shall each select an arbitrator, the two 
arbitrators selected by the Secretary and the Concessioner shall 
jointly select a third arbitrator, and the three arbitrators shall 
jointly conduct the arbitration.
    (c) Qualifications.--Any arbitrator selected under either 
subsection (a) or subsection (b) shall be a neutral who meets the 
criteria of section 573 of title 5, United States Code.
    (d) Payment of Expenses.--The Secretary and the Concessioner shall 
share equally the expenses of the arbitration.
    (e) Definition.--As used in this Act, the term ``arbitrator'' 
includes either a single arbitrator selected under subsection (a) or a 
three-member panel of arbitrators selected under subsection (b).

SEC. 3. SCOPE OF THE ARBITRATION.

    (a) Sole Issues To Be Decided.--The arbitrator shall, after 
affording the parties an opportunity to be heard in accordance with 
section 579 of title 5, United States Code, determine--
            (1) the appropriate amount of the franchise fee under the 
        Contract for the period from June 13, 1991 through December 31, 
        2000 in accordance with the terms of the Contract; and
            (2) any interest or penalties on the amount owed under 
        paragraph (1).
    (b) De Novo Decision.--The arbitrator shall not be bound by any 
prior determination of the appropriate amount of the fee by the 
Secretary or any prior court review thereof.
    (c) Basis for Decision.--The arbitrator shall determine the 
appropriate amount of the fee based upon the law in effect on the 
effective date of the Contract and the terms of the Contract.

SEC. 4. FINAL DECISION.

    The arbitrator shall issue a final decision not later than 300 days 
after the date of enactment of this Act.

SEC. 5. EFFECT OF DECISION.

    (a) Retroactive Effect.--The amount of the fee determined by the 
arbitrator under section 3(a) shall be retroactive to June 13, 1991.
    (b) No Further Review.--Notwithstanding subchapter IV of title 5, 
United States Code (commonly known as the Administrative Dispute 
Resolution Act), the decision of the arbitrator shall be final and 
conclusive upon the Secretary and the Concessioner and shall not be 
subject to judicial review.

SEC. 6. GENERAL AUTHORITY.

    Except to the extent inconsistent with this Act, the arbitration 
under this Act shall be conducted in accordance with subchapter IV of 
title 5, United States Code.

            Passed the Senate October 5 (legislative day, September 
      22), 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 2331

_______________________________________________________________________

                                 AN ACT

To require the Secretary of the Interior to submit the dispute over the 
 franchise fee owed by Fort Sumter Tours, Inc. to binding arbitration.