§3197 — Title 16 Conservation | U.S. Code

Summary

The Secretary must allow people who were already offering visitor services on or before January 1, 1979 to keep doing the same or similar services in a conservation unit, if those services fit the unit’s purpose and the Secretary sets reasonable terms. When choosing who will provide paid visitor services (but not sport hunting or fishing guides), the Secretary must give priority to the Native Corporations most affected by creating or expanding the unit, give priority to local residents as defined by rule, and must first offer Cook Inlet Region, Incorporated (with Village Corporations when appropriate) the chance to provide new revenue-producing services in the Kenai National Moose Range or the part of Lake Clark inside the Cook Inlet Region. That offer must stay open for 90 days as set in the agreement cited in section 12 of the Act of January 2, 1976 (Public Law 94–204). “Visitor service” means any fee-based service for visitors like food, lodging, transport, tours, and guides, excluding sport hunting and fishing guides. Federal and Alaska authorities can still license and regulate transportation.

Title 16, §3197

Conservation — Source: USLM XML via OLRC

(a)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)Notwithstanding provisions of law other than those contained in subsection (a), 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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsecs. (b)(1) and (c), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, 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”.

§3197 Revenue-producing Visitor Services