§ 698k. — Contracts for providing visitor services in Big Cypress Preserve and Addition; right of first refusal to Miccosukee and Seminole Tribes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC698k]
TITLE 16--CONSERVATION
CHAPTER 6--GAME AND BIRD PRESERVES; PROTECTION
Sec. 698k. Contracts for providing visitor services in Big
Cypress Preserve and Addition; right of first refusal to
Miccosukee and Seminole Tribes
Notwithstanding any other provision of law, before entering into any
contract for the provision of revenue producing visitor services,
(i) the Secretary shall offer those members of the Miccosukee
and Seminole Indian Tribes who, on January 1, 1972 (January 1, 1985,
in the case of the Addition), were engaged in the provision of
similar services, a right of first refusal to continue providing
such services within the preserve and the Addition subject to such
terms and conditions as he may deem appropriate, and
(ii) before entering into any contract or agreement to provide
new revenue-producing visitor services within the preserve or within
the Addition, the Secretary shall offer to the Miccosukee Tribe of
Indians of Florida and the Seminole Tribe of Florida the right of
first refusal to provide such services, the right to be open for a
period of ninety days. Should both Tribes respond with proposals
that satisfy the terms and conditions established by the Secretary,
the Secretary may allow the Tribes an additional period of ninety
days in which to enter into an inter-Tribal cooperative agreement to
provide such visitor services, but if neither tribe responds with
proposals that satisfy the terms and conditions established by the
Secretary, then the Secretary shall provide such visitor services in
accordance with subchapter IV of chapter 1 of this title. No such
agreement may be assigned or otherwise transferred without the
consent of the Secretary.
(Pub. L. 93-440, Sec. 6, Oct. 11, 1974, 88 Stat. 1260; Pub. L. 100-301,
Sec. 3(d), Apr. 29, 1988, 102 Stat. 444.)
Amendments
1988--Pub. L. 100-301 in cl. (i) inserted ``(January 1, 1985, in the
case of the Addition)'' after ``1972'' and ``and the Addition'' after
``preserve'', and in cl. (ii) inserted ``or within the Addition'' after
``preserve''.
Section Referred to in Other Sections
This section is referred to in sections 698f, 698g, 698h, 698i,
698j, 698m of this title.
