§698k — Title 16 Conservation | U.S. Code

Summary

Before the government signs a contract to run money-making visitor services in the Preserve or its Addition, the Secretary must give certain Miccosukee and Seminole members the first chance to keep doing those services. This applies to tribe members who were doing similar work on January 1, 1972 (January 1, 1985 for the Addition). The Secretary sets the terms. For any new visitor services, the Secretary must offer both tribes a 90-day period to accept that first chance. If both tribes send proposals that meet the Secretary’s terms, the Secretary may give them another 90 days to make a joint agreement. If neither sends an acceptable proposal, the Secretary will provide the services under subchapter IV of chapter 1 of this title. Any agreement cannot be transferred without the Secretary’s consent.

Title 16, §698k

Conservation — Source: USLM XML via OLRC

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.

Editorial Notes

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”.

§698k Contracts for providing visitor services in Big Cypress Preserve and Addition; right of first refusal to Miccosukee and Seminole Tribes

Summary

Title 16, §698k

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata