---
kind: "section"
citation: "16 U.S.C. § 698k"
title: "16"
title_heading: "Conservation"
number: "698k"
heading: "Contracts for providing visitor services in Big Cypress Preserve and Addition; right of first refusal to Miccosukee and Seminole Tribes"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/698k"
units:
  - "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


Notwithstanding any other provision of law, before entering into any contract for the provision of revenue producing visitor services,

- (i) the [Secretary](/usc/16/410r–5.md?p=c-1) shall offer those members of the Miccosukee and Seminole [Indian Tribes](/usc/16/544.md?p=g) who, on January 1, 1972 (January 1, 1985, in the case of the [Addition](/usc/16/410r–5.md?p=c-2)), were engaged in the provision of similar services, a right of first refusal to continue providing such services within the [preserve](/usc/16/698u–1.md?p=2) and the [Addition](/usc/16/410r–5.md?p=c-2) 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](/usc/16/698u–1.md?p=2) or within the [Addition](/usc/16/410r–5.md?p=c-2), the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-1), the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-1), then the [Secretary](/usc/16/410r–5.md?p=c-1) shall provide such visitor services in accordance with subchapter IV of [chapter 1](/usc/16/chch1.md) of this title. No such agreement may be assigned or otherwise transferred without the consent of the [Secretary](/usc/16/410r–5.md?p=c-1).

## Source credit

(Pub. L. 93–440, § 6, Oct. 11, 1974, 88 Stat. 1260; Pub. L. 100–301, § 3(d), Apr. 29, 1988, 102 Stat. 444.)

## Notes

### Editorial Notes

### Amendments

1988—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”.