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 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 con- tinue providing such type of service and similar types of visitor services within such area if such service or services are consistent with the pur- poses for which such unit is established or ex- panded. (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 Cor- porations which the Secretary determines are most directly affected by the establishment or expansion of such unit by or under the provi- sions 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, Incor- porated, in cooperation with Village Corpora- tions within the Cook Inlet Region when ap- propriate, the right of first refusal to provide new revenue producing visitor services within the Kenai National Moose Range or that por- tion of the Lake Clark National Park and Pre- serve 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 serv- ice’’ means any service made available for a fee or charge to persons who visit a conservation system unit, including such services as pro- viding 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 Gov- ernment or the State of Alaska to license and regulate transportation services. (Pub. L. 96–487, title XIII, § 1307, Dec. 2, 1980, 94 Stat. 2479; Pub. L. 105–333, § 10, Oct. 31, 1998, 112 Stat. 3134.) 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 com- plete 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 ‘‘Na- tive Corporations’’ for ‘‘Native Corporation’’ and ‘‘are most directly affected’’ for ‘‘is most directly affected’’. § 3198. Local hire (a) Program After consultation with the Office of Per- sonnel Management, the Secretary shall estab- lish 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 re- gard to— (1) any provision of the civil service laws or regulations thereunder which require min- imum periods of formal training or experience, (2) any such provision which provides an em- ployment preference to any other class of ap- plicant 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). Page 2266 TITLE 16—CONSERVATION § 3198 (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 sec- tion 2108(3) of title 5 shall be given an employ- ment 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 em- ployee (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 per- formance 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 in- curred, for the preparation and transpor- tation of the remains of the deceased em- ployee 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 in- curred, for transporting immediate family members and the baggage and household goods of the deceased employee and imme- diate family members to a community in the State of Alaska which is selected by the sur- viving head of household of the deceased em- ployee. (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 further- ance 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 estab- lished under that subsection is not eligible for competitive status in the same manner as any other employee hired as part of the competi- tive service. (2) Conversion to competitive service Employees who satisfactorily complete two years of continuous service in a permanent ap- pointment made under subsection (a) and who meet satisfactory performance and competi- tive service qualification requirements shall have their appointment converted to competi- tive service career-conditional or career em- ployment as appropriate. This paragraph ap- plies to individuals appointed on or after March 30, 2009. An employee who does not meet competitive service qualification re- quirements after two years of continuous serv- ice in an appointment made under subsection (a) shall be converted upon meeting such qual- ification requirements. Temporary and time- limited appointments will be made in the ex- cepted service. There is no provision for con- version to competitive service when appoint- ments 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 per- manent position pursuant to the program es- tablished under subsection (a) who is serving in that position as of March 30, 2009, the Sec- retary 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 po- sitions 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 Sec- retary 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 submis- sion of a request under clause (i), the Sec- retary shall redesignate the service of the person as being part of the competitive service. (Pub. L. 96–487, title XIII, § 1308, Dec. 2, 1980, 94 Stat. 2480; Pub. L. 100–689, title IV, § 401, Nov. 18, 1988, 102 Stat. 4177; Pub. L. 102–415, § 16, Oct. 14, 1992, 106 Stat. 2124; Pub. L. 108–199, div. H, § 147, Jan. 23, 2004, 118 Stat. 445; Pub. L. 111–11, title VI, § 6101, Mar. 30, 2009, 123 Stat. 1170; Pub. L. 112–74, div. E, title I, § 121(b), Dec. 23, 2011, 125 Stat. 1012.) Editorial Notes AMENDMENTS 2011—Subsec. (a). Pub. L. 112–74, § 121(b)(1), sub- stituted ‘‘establish an excepted service appointment authority,’’ for ‘‘establish a program’’ in introductory provisions. Subsec. (b). Pub. L. 112–74, § 121(b)(2), substituted ‘‘ex- cepted service as defined in section 2103 of such title’’ for ‘‘competitive service as defined in section 2102 of such title for which such person is eligible under sub- chapter I of chapter 33 of such title, in selection to such position’’. Subsec. (e)(2), (3). Pub. L. 112–74, § 121(b)(3), added par. (2) and redesignated former par. (2) as (3). 2009—Subsec. (e). Pub. L. 111–11 added subsec. (e). 2004—Subsecs. (c), (d). Pub. L. 108–199 added subsec. (c) and redesignated former subsec. (c) as (d). 1992—Subsec. (a). Pub. L. 102–415 substituted ‘‘public lands’’ for ‘‘a conservation system unit’’ and sub- stituted ‘‘public lands’’ for ‘‘such unit’’ in two places. 1988—Subsecs. (b), (c). Pub. L. 100–689 added subsec. (b) and redesignated former subsec. (b) as (c). Statutory Notes and Related Subsidiaries PILOT PROGRAM Pub. L. 106–488, § 2, Nov. 9, 2000, 114 Stat. 2205, pro- vided that: Page 2267 TITLE 16—CONSERVATION § 3200 ‘‘(a) In furtherance of the goals of sections 1307 and 1308 of the Alaska National Interest Lands Conserva- tion Act [16 U.S.C. 3197, 3198] and the provisions of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.], the Secretary [of the Inte- rior] shall— ‘‘(1) implement pilot programs to employ residents of local communities at the following units of the Na- tional Park System located in northwest Alaska— ‘‘(A) Bering Land Bridge National Preserve, ‘‘(B) Cape Krusenstern National Monument, ‘‘(C) Kobuk Valley National Park, and ‘‘(D) Noatak National Preserve; and ‘‘(2) report on the results of the programs within one year to the Committee on Energy and Natural Resources of the United States [Senate] and the Com- mittee on Resources [now Committee on Natural Re- sources] of the House of Representatives. ‘‘(b) In implementing the programs, the Secretary shall consult with the Native Corporations, nonprofit organizations, and Tribal entities in the immediate vi- cinity of such units and shall also, to the extent prac- ticable, involve such groups in the development of in- terpretive materials and the pilot programs relating to such units.’’ LOCAL HIRE REPORT Pub. L. 105–333, § 11, Oct. 31, 1998, 112 Stat. 3135, pro- vided that not later than 18 months after Oct. 31, 1998, the Secretary of the Interior would transmit to Con- gress a report indicating the actions taken in carrying out subsection (b) of this section, addressing the re- cruitment processes that may restrict employees hired under subsection (a) of this section from successfully obtaining positions in the competitive service, and de- scribing the actions of the Secretary of the Interior in contracting with Alaska Native Corporations to pro- vide services with respect to public lands in Alaska. § 3199. Navigation aids and other facilities (a) Existing facilities Within conservation system units established or expanded by this Act, reasonable access to, and operation and maintenance of, existing air and water navigation aids, communications sites and related facilities and existing facilities for weather, climate, and fisheries research and monitoring shall be permitted in accordance with the laws and regulations applicable to units of such systems, as appropriate. Reason- able access to and operation and maintenance of facilities for national defense purposes and re- lated air and water navigation aids within or ad- jacent to such areas shall continue in accord- ance with the laws and regulations governing such facilities notwithstanding any other provi- sion of this Act. Nothing in the Wilderness Act [16 U.S.C. 1131 et seq.] shall be deemed to pro- hibit such access, operation and maintenance within wilderness areas designated by this Act. (b) New facilities The establishment, operation, and mainte- nance within any conservation system unit of new air and water navigation aids and related facilities, facilities for national defense pur- poses, and related air and water navigation aids, and facilities for weather, climate, and fisheries research and monitoring shall be permitted but only (1) after consultation with the Secretary or the Secretary of Agriculture, as appropriate, by the head of the Federal department or agency undertaking such establishment, operation, or maintenance, and (2) in accordance with such terms and conditions as may be mutually agreed in order to minimize the adverse effects of such activities within such unit. (Pub. L. 96–487, title XIII, § 1310, Dec. 2, 1980, 94 Stat. 2481.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classi- fication of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. The Wilderness Act, referred to in subsec. (a), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables. § 3200. Denali Scenic Highway study (a) Withdrawal Subject to valid existing rights, all public lands within an area, the centerline of which is the centerline of the Parks Highway from the entrance to Denali National Park to the Talkeetna junction which is one hundred and thirty-six miles south of Cantwell, the Denali Highway between Cantwell and Paxson, the Richardson Highway and Edgerton Highway be- tween Paxson and Chitina, and the existing road between Chitina and McCarthy (as those high- ways and road are depicted on the official maps of the department of transportation of the State of Alaska) and the boundaries of which are par- allel to the centerline and one mile distant therefrom on either side, are hereby withdrawn from all forms of entry or appropriation under the mining laws and from operation of the min- eral leasing laws of the United States. Nothing in this section shall be construed to preclude minor road realignment, minor road improve- ment, or the extraction of gravel for such pur- poses from lands withdrawn or affected by the study mandated herein. (b) Study During the three-year period beginning on De- cember 2, 1980, the Secretary shall study the de- sirability of establishing a Denali Scenic High- way to consist of all or part of the lands de- scribed in subsection (a) of this section. In con- ducting the studies, the Secretary, through a study team which includes representatives of the Secretary of Transportation, the National Park Service, the Bureau of Land Management, the State, and of each Regional Corporation within whose area of operation the lands de- scribed in subsection (a) are located, shall con- sider the scenic and recreational values of the lands withdrawn under this section, the impor- tance of providing protection to those values, the desirability of providing a symbolic and ac- tual physical connection between the national parks in south central Alaska, and the desir- ability of enhancing the experience of persons traveling between those parks by motor vehi- cles. Members of the study team who are not Federal employees shall receive from the Sec- retary per diem (in lieu of expenses) and travel allowances at the rates provided for employees