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







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.

    Be it enacted by the Senate and House of Representatives 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 franchise 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 acceptable 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 attempt 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 unable to 
                agree on an arbitrator--
                            (i) the Secretary and the franchisee shall 
                        each select an arbitrator;
                            (ii) not later than 10 days after 2 
                        arbitrators 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 arbitration proceeding 
        under paragraph (1)--
                    (A) shall commence not later than 30 days after the 
                date on which an arbitrator or arbitration panel is 
                selected under paragraph (2); and
                    (B) shall be completed with a decision rendered not 
                later than 240 days after that date.
            (4) Applicable law.--
                    (A) Relevant time period.--The law applicable to 
                the recalculation of the franchise fee under this 
                subsection shall be the law applicable to franchise fee 
                determinations in effect at the beginning of the period 
                for which the franchise fee is payable.
                    (B) Previous decisions.--No previous judicial 
                decision regarding the franchise fee dispute that is 
                the subject of arbitration under this subsection may be 
                introduced in evidence or considered by the arbitrator 
                or arbitration panel for any purpose.
            (5) Fees and costs.--If the franchisee is the prevailing 
        party in binding arbitration, the arbitrator 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 enactment of this 
        Act.
                                 <all>