§ 3197. — Revenueproducing visitor services.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3197]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
Sec. 3197. Revenue-producing visitor services
(a) Continuation of existing visitor services
Notwithstanding any other provision of law, the Secretary, under
such terms and conditions as he determines are reasonable, shall permit
any persons who, on or before January 1, 1979, were engaged in
adequately providing any type of visitor service within any area
established as or added to a conservation system unit to continue
providing such type of service and similar types of visitor services
within such area if such service or services are consistent with the
purposes for which such unit is established or expanded.
(b) Preference
Notwithstanding provisions of law other than those contained in
subsection (a), of this section, in selecting persons to provide (and in
contracting for the provision of) any type of visitor service for any
conservation system unit, except sport fishing and hunting guiding
activities, the Secretary--
(1) shall give preference to the Native Corporations which the
Secretary determines are most directly affected by the establishment
or expansion of such unit by or under the provisions of this Act;
(2) shall give preference to persons whom he determines, by
rule, are local residents; and
(3) shall, consistent with the provisions of this section, offer
to Cook Inlet Region, Incorporated, in cooperation with Village
Corporations within the Cook Inlet Region when appropriate, the
right of first refusal to provide new revenue producing visitor
services within the Kenai National Moose Range or that portion of
the Lake Clark National Park and Preserve within the boundaries of
the Cook Inlet Region that right to remain open for a period of
ninety days as agreed to in paragraph VIII of the document referred
to in section 12 of the Act of January 2, 1976 (Public Law 94-204).
(c) ``Visitor service'' defined
As used in this section, the term ``visitor service'' means any
service made available for a fee or charge to persons who visit a
conservation system unit, including such services as providing food,
accommodations, transportation, tours, and guides excepting the guiding
of sport hunting and fishing. Nothing in this Act shall limit or affect
the authority of the Federal Government or the State of Alaska to
license and regulate transportation services.
(Pub. L. 96-487, title XIII, Sec. 1307, Dec. 2, 1980, 94 Stat. 2479;
Pub. L. 105-333, Sec. 10, Oct. 31, 1998, 112 Stat. 3134.)
References in Text
This Act, referred to in subsecs. (b)(1) and (c), is Pub. L. 96-487,
Dec. 2, 1980, 94 Stat. 2371, as amended, known as the Alaska National
Interest Lands Conservation Act. For complete classification of this Act
to the Code, see Short Title note set out under section 3101 of this
title and Tables.
Section 12 of the Act of January 2, 1976 (Public Law 94-204),
referred to in subsec. (b)(3), is section 12 of Pub. L. 94-204, Jan. 2,
1976, 89 Stat. 1150, which is set out as a note under section 1611 of
Title 43, Public Lands.
Amendments
1998--Subsec. (b)(1). Pub. L. 105-333 substituted ``Native
Corporations'' for ``Native Corporation'' and ``are most directly
affected'' for ``is most directly affected''.
