16 U.S.C. § 698k: Contracts for providing…

Summary

The Secretary must give the Miccosukee and Seminole Tribes the first chance to get or keep contracts for money-making visitor services in the Big Cypress Preserve and its Addition. Members of those Tribes who were providing similar services on January 1, 1972 (and January 1, 1985 for the Addition) must be offered that first chance to continue. For any new visitor services, the Secretary must offer both Tribes a 90-day chance to make an offer. If both Tribes give acceptable proposals, the Secretary can give them another 90 days to make an inter‑Tribal agreement. If neither Tribe gives an acceptable proposal, the Secretary will provide the services under subchapter IV of chapter 1 of this title. Any agreement cannot be assigned or transferred without the Secretary’s permission.

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