Title 16 — Conservation
Chapter 6 — Game and Bird Preserves; Protection
§ 698k. Contracts for providing visitor services in Big Cypress Preserve and Addition; right of first refusal to Miccosukee and Seminole Tribes
Statutory text
Notwithstanding any other provision of law, before entering into any contract for the provision of revenue producing visitor services,
the Secretary shall offer those members of the Miccosukee and Seminole Indian Tribes who, on (, 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
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 93–440 § 6 · 88 Stat. 1258
Enacted · 16 U.S.C. § 698k
Pub. L. 93–440, § 6, Oct. 11, 1974, 88 Stat. 1260
Source evidence
Code source credit
Pub. L. 93–440, § 6, Oct. 11, 1974, 88 Stat. 1260Enacted provision · exact public law section
Sec. 6. Notwithstanding any other provision of law, before entering Visitor services, contracts. 16 USC 698k. 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, were engaged in the provision of similar services, a right of first refusal to continue providing such services within the preserve 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, 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 the Act of October 9, 1965 (79 Stat. 969, 16 U.S.C. 20). No such agreement may be assigned or otherwise transferred without the consent of the Secretary.Big Cypress National Preserve Addition Act
Pub. L. 100–301 § 3(d) · 102 Stat. 443
Inserted · 16 U.S.C. § 698k
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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(d) Indian Rights.— Section 6 of the Act of October 11, 1974, is amended as follows: (1) In clause (i) insert “and the Addition” after “preserve” and insert “(January 1, 1985, in the case of the Addition)” after “1972”. (2) In clause (ii) insert “or within the Addition” after “preserve”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
1988—Pub. L. 100–301 in cl. (i) inserted “(, 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”.
Credits
1974–1988 · 2 acts
- 1974Pub. L. 93–440, § 6, , 88 Stat. 1260
- 1988Pub. L. 100–301, § 3(d), , 102 Stat. 444.
Show as published
(Pub. L. 93–440, § 6, , 88 Stat. 1260; Pub. L. 100–301, § 3(d), , 102 Stat. 444.)