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16 U.S.C. § 3198 — Local hire

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3198 — Local hire

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Stable record: federal_law:legal_authorities:record_usc_c2f4d908691dd6bc3bbe1a9d
Source file: Laws/federal/codes/united-states-code/title-16/section-3198-local-hire--e6cbc61bfe.md
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Source location: Title 16, Chapter 51, § 3198; chapter-051-alaska-national-interest-lands-conservation.md

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**(a) Program** After consultation with the Office of Personnel Management, the Secretary shall establish an excepted service appointment authority, under which any individual who, by reason of having lived or worked in or near public lands, has special knowledge or expertise concerning the natural or cultural resources of public lands and the management thereof (as determined by the Secretary) shall be considered for selection for any position within public lands without regard to— (1) any provision of the civil service laws or regulations thereunder which require minimum periods of formal training or experience, (2) any such provision which provides an employment preference to any other class of applicant is such selection, and (3) any numerical limitation on personnel otherwise applicable. Individuals appointed under this subsection shall not be taken into account in applying any personnel limitation described in paragraph (3). **(b) Preference eligibles within local hire** Notwithstanding the provisions of subsection (a), any individual who is eligible to be selected for a position under the provisions of subsection (a) and is a preference eligible as defined in [section 2108(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2108/3&num=0&edition=prelim) shall be given an employment preference, consistent with the preference in the excepted service as defined in section 2103 of such title. **(c) Payment of expenses after death of an employee** (1) **Definition of immediate family member** — In this subsection, the term “immediate family member” means a person related to a deceased employee that was a member of the household of the deceased employee at the time of death. (2) **Payments** — If an employee appointed under the program established by subsection (a) dies in the performance of any assigned duties on or after October 1, 2002, the Secretary may— (A) pay or reimburse reasonable expenses, regardless of when those expenses are incurred, for the preparation and transportation of the remains of the deceased employee to a location in the State of Alaska which is selected by the surviving head of household of the deceased employee; (B) pay or reimburse reasonable expenses, regardless of when those expenses are incurred, for transporting immediate family members and the baggage and household goods of the deceased employee and immediate family members to a community in the State of Alaska which is selected by the surviving head of household of the deceased employee. **(d) Reports** The Secretary shall from time to time prepare and submit to the Congress reports indicating the actions taken in carrying out the provisions of subsection (a) of this section together with any recommendations for legislation in furtherance of the purposes of this section. **(e) Competitive status** (1) **In general** — Nothing in subsection (a) provides that any person hired pursuant to the program established under that subsection is not eligible for competitive status in the same manner as any other employee hired as part of the competitive service. (2) **Conversion to competitive service** — Employees who satisfactorily complete two years of continuous service in a permanent appointment made under subsection (a) and who meet satisfactory performance and competitive service qualification requirements shall have their appointment converted to competitive service career-conditional or career employment as appropriate. This paragraph applies to individuals appointed on or after March 30, 2009. An employee who does not meet competitive service qualification requirements after two years of continuous service in an appointment made under subsection (a) shall be converted upon meeting such qualification requirements. Temporary and time-limited appointments will be made in the excepted service. There is no provision for conversion to competitive service when appointments are time-limited. (3) **Redesignation of certain positions** (A) *Persons serving in original positions* — Not later than 60 days after March 30, 2009, with respect to any person hired into a permanent position pursuant to the program established under subsection (a) who is serving in that position as of March 30, 2009, the Secretary shall redesignate that position and the person serving in that position as having been part of the competitive service as of the date that the person was hired into that position. (B) *Persons no longer serving in original positions* — With respect to any person who was hired pursuant to the program established under subsection (a) that is no longer serving in that position as of March 30, 2009— (i) the person may provide to the Secretary a request for redesignation of the service as part of the competitive service that includes evidence of the employment; and (ii) not later than 90 days of the submission of a request under clause (i), the Secretary shall redesignate the service of the person as being part of the competitive service.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 5301 — Application of other sections of this chapter

**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter. **(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3197 — Revenue-producing visitor services

**(a) Continuation of existing visitor services** 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) Preference** 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) “Visitor service” defined** As

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1601 — Congressional findings and declaration of policy

Congress finds and declares that— **(a)** there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims; **(b)** the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska; **(c)** no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or 11 So in original. Probably should be “of”. Alaska to protect and promote the rights or welfare of Natives as citizens of the United States or of Alaska; the Secretary is authorized and directed, together with other appropriate agencies of the United States Government, to make a study of all Federal programs primarily designed to benefit Native people and to report back to the Congress with his recommendations for the future management and operation of these programs within three years of December 18, 1971; **(d)** no provision of this chapter shall constitute a precedent for reopening, renegotiating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3198 — Local hire

Page 2265 TITLE 16—CONSERVATION § 3198 carrying out such purpose may enter into agreements permitting the Secretary to use such land for such purposes; (2) notwithstanding any other provision of law, the Secretary, under such terms and con- ditions as he determines are reasonable, may lease or acquire by purchase, donation, ex- change, or any other method (except con- demnation) real property (other than Federal land), office space, housing, and other nec- essary facilities which the Secretary deter- mines to be suitable for carrying out such pur- poses; and (3) the Secretary may construct, operate, and maintain such permanent and temporary buildings and facilities as he deems appro- priate on land which is within, or in the vicin- ity of, any conservation system unit and with respect to which the Secretary has acquired authority under this subsection to use the property for the purpose of establishing an ad- ministrative site or visitor facility under sub- section (a), except that the Secretary may not begin construction of buildings and facilities on land not owned by the United States until the owner of such land has entered into an agreement with the Secretary, the terms of which assure the continued use of such build- ings and facilities in furtherance of the pur- poses of this Act. (Pub. L. 96–487, title XIII, § 1306, Dec. 2, 1980, 94 Stat. 2479.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a)(1) and (b)(3), 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. § 3197. Revenue-producing visitor services (a) Continuation of existing

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3198

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