ANILCA § 1306(b) (16 U.S.C. § 3196(b))

§ 3195

TITLE 16—CONSERVATION
REFERENCES IN TEXT

This Act, referred to in provision preceding par. (1),
is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, as amended,
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.

§ 3195. Cooperative information and education
centers
The Secretary is authorized in consultation
with other Federal agencies, to investigate and
plan for an information and education center for
visitors to Alaska on not to exceed one thousand
acres of Federal land at a site adjacent to the
Alaska Highway, and to investigate and plan for
similar centers in Anchorage and Fairbanks,
Alaska. For the purposes of this investigation,
the Secretary shall seek participation in the
program planning and/or operation of such centers from appropriate agencies of the State of
Alaska, and he is authorized to accept contributions of funds, personnel, and planning and program assistance from such State agencies, other
Federal agencies, and Native representatives.
The Secretary of Agriculture is authorized to investigate and plan for, in a similar manner, an
information and education center for visitors to
Alaska in either Juneau, Ketchikan, or Sitka,
Alaska. No information center shall be developed pursuant to investigations and plans conducted under authority of this section unless
and until such development is specifically authorized by Congress.
(Pub. L. 96–487, title XIII, § 1305, Dec. 2, 1980, 94
Stat. 2478.)
AUTHORIZATION OF APPROPRIATIONS; PURPOSES OF
CENTER; OPERATION OF CENTER; DEVELOPMENT PLANS
Pub. L. 99–664, § 11, Nov. 17, 1986, 100 Stat. 4308, provided that:
‘‘(a) AUTHORIZATION.—There is hereby authorized to
be appropriated $250,000 to be used by the Secretary of
Agriculture to conduct surveys, develop designs, and
carry out other preliminary work related to the establishment of an Information and Education Center provided for in section 1305 of Public Law 96–487 [16 U.S.C.
3195].
‘‘(b) PURPOSES.—The purposes of the Center authorized by subsection (a) shall be—
‘‘(1) to collect and disseminate to visitors to and
residents of Alaska information about the natural,
recreational, cultural, historical, archeological, multiple use, and other resources and values of Alaska,
with special emphasis on the Tongass National Forest and Southeast Alaska and its people;
‘‘(2) to publicly display temporary and permanent
exhibits illustrating and interpreting these resources
and values;
‘‘(3) to foster educational programs relating to the
heritage resources of Alaska including those pertaining to Alaska Native peoples with particular emphasis on the Haida, Tshimshian, and Tglingit peoples of
Southeast Alaska.
‘‘(c) DESIGN.—Design of the center in subsection (a)
shall be developed in consultation with other appropriate Federal agencies, the Alaska Division of Tourism and other appropriate agencies of the State of
Alaska, the local government of the city in which such
center is to be located, and southeast Alaska Native organizations.
‘‘(d) CONSULTATION.—In establishing, operating, and
maintaining the center (and any affiliated branches),
the Secretary of Agriculture shall consult with, in addition to those listed in subsection (c), Alaska colleges

Page 2120

and universities, the National Historic Association of
Alaska, the Alaska Federation of Natives, and appropriate individuals and other organizations concerned
with the diverse heritage resources of Alaska.
‘‘(e) COOPERATIVE AGREEMENTS.—The Secretary of
Agriculture is authorized to enter into cooperative
agreements with those individuals and organizations
listed in subsections (c) and (d) to facilitate carrying
out the purposes of the Center.
‘‘(f) DEVELOPMENT PLAN.—Within one year after the
date of enactment of this Act [Nov. 17, 1986], and after
consultation with the individuals and organizations
listed in subsections (c) and (d), the Secretary of Agriculture shall submit to Congress a development plan
for the Center along with an estimate of the cost.’’

§ 3196. Administrative sites and visitor facilities
(a) Establishment
In conformity with the conservation and management plans prepared for each unit and the
purposes of assuring the preservation, protection, and proper management of any conservation system unit, the Secretary may establish
sites and visitor facilities—
(1) within the unit, if compatible with the
purposes for which the unit is established, expanded, or designated by this Act, and the
other provisions of this Act, or
(2) outside the boundaries of, and in the vicinity of, the unit.
To the extent practicable and desirable, the Secretary shall attempt to locate such sites and facilities on Native lands in the vicinity of the
unit.
(b) Authorities of Secretary
For the purpose of establishing administrative
sites and visitor facilities under subsection (a)
of this section—
(1) the Secretary and the head of the Federal
agency having primary authority over the administration of any Federal land which the
Secretary determines is suitable for use in
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 conditions as he determines are reasonable, may
lease or acquire by purchase, donation, exchange, or any other method (except condemnation) real property (other than Federal
land), office space, housing, and other necessary facilities which the Secretary determines to be suitable for carrying out such purposes; and
(3) the Secretary may construct, operate,
and maintain such permanent and temporary
buildings and facilities as he deems appropriate on land which is within, or in the vicinity 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 administrative site or visitor facility under subsection (a) of this section, 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 buildings and facilities in furtherance of
the purposes of this Act.

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§ 3198

TITLE 16—CONSERVATION

(Pub. L. 96–487, title XIII, § 1306, Dec. 2, 1980, 94
Stat. 2479.)
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, as amended,
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 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), of this section, 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.
(Pub. L. 96–487, title XIII, § 1307, Dec. 2, 1980, 94
Stat. 2479; Pub. L. 105–333, § 10, Oct. 31, 1998, 112
Stat. 3134.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (b)(1) and (c), is Pub.
L. 96–487, Dec. 2, 1980, 94 Stat. 2371, as amended, 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.
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 ‘‘Native 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 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) of this section, any individual who is eligible
to be selected for a position under the provisions
of subsection (a) of this section and is a preference eligible as defined in section 2108(3) of
title 5 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) of this section
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 in-