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.
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on National Parks and Public Lands.
Executive Comment Requested from Interior.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 7 - 4.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Resources. H. Rept. 106-937.
Reported (Amended) by the Committee on Resources. H. Rept. 106-937.
Placed on the Union Calendar, Calendar No. 564.
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