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16 U.S.C. § 3197 — Revenue-producing visitor services
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-16/section-3197-revenue-producing-visitor-services--af286f0bf4.md
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Source location: Title 16, Chapter 51, § 3197; chapter-051-alaska-national-interest-lands-conservation.md
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**(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 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Acreage limitation; proximity of selections and size of sections and units; waiver**
(1) During a period of three years from December 18, 1971, the Village Corporation for each Native village identified pursuant to [section 1610 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1610&num=0&edition=prelim) shall select, in accordance with rules established by the Secretary, all of the township or townships in which any part of the village is located, plus an area that will make the total selection equal to the acreage to which the village is entitled under [section 1613 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1613&num=0&edition=prelim). The selection shall be made from lands withdrawn by [section 1610(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1610/a&num=0&edition=prelim): Provided, That no Village Corporation may select more than 69,120 acres from lands withdrawn by [section 1610(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1610/a/2&num=0&edition=prelim), and not more than 69,120 acres from the National Wildlife Refuge System, and not more than 69,120 acres in a National Forest: Provided further, That when a Village Corporation selects the surface estate to lands within the National Wildlife Refuge System or Naval Petroleum Reserve Numbered 4, the Regional Corporation, for that region may select the subsurface estate in an equal acreage from other lands withdrawn in [section 1610(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1610/a&num=0&edition=prelim) within the region, if possible.
(2) Selections made under this subsectio
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of units** In order to preserve for the benefit, use, education, and inspiration of present and future generations certain lands and waters in the State of Alaska that contain nationally significant natural, scenic, historic, archeological, geological, scientific, wilderness, cultural, recreational, and wildlife values, the units described in the following titles are hereby established.
**(b) Preservation and protection of scenic, geological, etc., values** It is the intent of Congress in this Act to preserve unrivaled scenic and geological values associated with natural landscapes; to provide for the maintenance of sound populations of, and habitat for, wildlife species of inestimable value to the citizens of Alaska and the Nation, including those species dependent on vast relatively undeveloped areas; to preserve in their natural state extensive unaltered arctic tundra, boreal forest, and coastal rainforest ecosystems; to protect the resources related to subsistence needs; to protect and preserve historic and archeological sites, rivers, and lands, and to preserve wilderness resource values and related recreational opportunities including but not limited to hiking, canoeing, fishing, and sport hunting, within large arctic and subarctic wildlands and on freeflowing rivers; and to maintain opportunities for scientific research and undisturbed ecosystems.
**(c) Subsistence way of life for rural residents** It is further the intent and purpose of this Act consistent with management of fish and wildlife in accordance with recognized scientific principles and the purposes for which each conservation system unit is established, designated, or expanded by or pursuant to this Act, to provide the opportunity for rural residents engaged in a subsistence way
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Federal law — U.S. Code and appendices · legal_authorities
**(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 t
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Federal law — U.S. Code and appendices · legal_authorities
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
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. § 3197
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