I

103D CONGRESS

2D SESSION H. R. 5000

To provide for the establishment of the Tallgrass Prairie National Preserve

in Kansas.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 19, 1994

Mr. GLICKMAN (for himself, Mr. ROBERTS, Mr. SLATTERY, and Mrs. MEYERS

of Kansas) introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To provide for the establishment of the Tallgrass Prairie

National Preserve in Kansas.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Tallgrass Prairie Na5 tional Preserve Act of 1994’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—The Congress finds the following:

8 (1) Of the 400,000 square miles of tallgrass

9 prairie that once covered the North American Con-
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1 tinent, less than 1 percent remains, mainly in the

2 Flint Hills of Kansas.

3 (2) In 1991, the National Park Service con4 ducted a special resource study of the Spring Hill

5 Ranch, located in the Flint Hills of Kansas.

6 (3) Such study concludes that the Spring Hill

7 Ranch—

8 (A) is a nationally significant example of

9 the once vast tallgrass ecosystem and includes

10 buildings listed on the National Register of His11 toric Places which represent outstanding exam12 ples of Second Empire and other 19th Century

13 architectural styles; and

14 (B) is suitable and feasible as a potential

15 addition to the National Park System.

16 (4) The National Park Trust, which owns the

17 Spring Hill Ranch, has agreed to allow the National

18 Park Service—

19 (A) to purchase a portion of the ranch, as

20 specified in this Act; and

21 (B) to manage the Spring Hill Ranch in

22 order to—

23 (i) conserve the scenery, the natural

24 and historic objects, and the wildlife of the

25 ranch; and
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1 (ii) provide for the enjoyment of the

2 ranch in such manner and by such means

3 as will leave such scenery, the natural and

4 historic objects, and wildlife unimpaired

5 for the enjoyment of future generations.

6 (b) PURPOSES.—The purposes of this Act are as fol7 lows:

8 (1) To preserve, protect, and interpret for the

9 public an example of the tallgrass prairie ecosystem

10 on the Spring Hill Ranch, located in the Flint Hills

11 of Kansas.

12 (2) To preserve and interpret for the public the

13 historic and cultural values represented on the

14 Spring Hill Ranch.

15 SEC. 3. DEFINITIONS.

16 As used in this Act:

17 (1) ADVISORY COMMITTEE.—The term ‘‘Advi18 sory Committee’’ means the Advisory Committee es19 tablished under section 8.

20 (2) PRESERVE.—The term ‘‘Preserve’’ means

21 the Tallgrass Prairie National Preserve established

22 under section 4.

23 (3) SECRETARY.—The term ‘‘Secretary’’ means

24 the Secretary of the Interior.
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1 (4) TRUST.—The term ‘‘Trust’’ means the Na2 tional Park Trust, Inc. (which is a District of Co3 lumbia nonprofit corporation), or any successor-in4 interest, subsidiary, affiliate, trustee or legal rep5 resentative of National Park Trust, Inc. that pos6 sesses legal or equitable ownership or management

7 rights with respect to land and improvements on

8 land that constitutes any portion of the Preserve.

9 SEC. 4. ESTABLISHMENT OF TALLGRASS PRAIRIE NA10 TIONAL PRESERVE.

11 (a) IN GENERAL.—In order to provide for the preser12 vation, restoration, and interpretation of the Spring Hill

13 Ranch area of the Flint Hills of Kansas, for the benefit

14 and enjoyment of the present and future generations,

15 there is hereby established the Tallgrass Prairie National

16 Preserve.

17 (b) DESCRIPTION.—The Preserve shall consist of the

18 lands, waters, and interests therein, including approxi19 mately 10,894 acres, generally depicted on the map enti20 tled ‘‘Boundary Map, Flint Hills Prairie National Monu21 ment’’ numbered NM–TGP 80,000 and dated June 1994,

22 more particularly described in the deed filed at 8:22 a.m.

23 of June 3, 1994, with the Register of Deeds Office in

24 Chase County, Kansas, and recorded in Book L–106 at

25 page 328 through 339, inclusive. In the case of any dif-
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1 ference between such map and legal description, such legal

2 description shall govern. The map shall be on file and

3 available for public inspection in the appropriate offices

4 of the National Park Service of the Department of the

5 Interior.

6 SEC. 5. ADMINISTRATION OF NATIONAL PRESERVE.

7 (a) IN GENERAL.—The Secretary shall administer

8 the Preserve in accordance with this Act, the cooperative

9 agreement described in subsection (f)(1), and the provi10 sions of law generally applicable to units of the national

11 park system, including the Act entitled ‘‘An Act to estab12 lish a National Park Service, and for other purposes’’, ap13 proved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1

14 through 4) and the Act of August 21, 1935 (49 Stat. 666;

15 16 U.S.C. 461 through 467).

16 (b) APPLICATION OF REGULATIONS.—The regula17 tions issued by the Secretary concerning the National

18 Park Service that provide for the proper use, management,

19 and protection of person, property, and natural and cul20 tural resources shall apply within the boundaries of the

21 Preserve.

22 (c) FACILITIES.—For purposes of the Preserve, the

23 Secretary may—

24 (1) directly or by contract, construct, recon25 struct, rehabilitate, or develop essential buildings,
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1 structures, and related facilities including roads,

2 trails, and other interpretive facilities on real prop3 erty that is not owned by the Federal Government

4 and is located within the Preserve, with the approval

5 of the landowner; and

6 (2) maintain and operate programs in connec7 tion with the Preserve with the consent of the land8 owner.

9 (d) LIABILITY.—

10 (1) LANDOWNERS.—Notwithstanding any other

11 provision of law, no person who owns any land or in12 terest in land within the Preserve shall be liable for

13 injury to, or damages suffered by, any other person

14 if—

15 (A) such injury or damages result from

16 any act or omission of the Secretary or any offi17 cer, employee, or agent of the Secretary; or

18 (B) such liability would arise solely by rea19 son of the ownership by the defendant of such

20 land or interest in land and such injury or dam21 ages are not proximately caused by the wanton

22 or willful misconduct of the defendant.

23 (2) LIABILITY OF UNITED STATES AND OFFI24 CERS AND EMPLOYEES OF THE UNITED STATES.—

25 (A) Nothing in this subsection or in any other provi-
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1 sion of this Act may be construed to exempt the

2 Federal Government, or any officer or employee of

3 the Federal Government, from any liability for acts

4 or omissions for which the Federal Government, or

5 such officer or employee, as the case may be, would

6 otherwise be liable under any applicable provision of

7 law.

8 (B) Nothing in this subsection or in any other

9 provision of this Act may be construed to impose on

10 the Federal Government, or any officer or employee

11 of the Federal Government, any liability for acts or

12 omissions of any other person or entity for acts or

13 omissions of such other person or entity for which

14 the Federal Government, or such officer or em15 ployee, as the case may be, would otherwise not be

16 liable under any applicable provision of law.

17 (e) FEES.—The Preserve shall be considered a des18 ignated unit of the National Park System, including for

19 purposes of entrance and admission fees under section 4

20 of the Land and Water Conservation Fund Act of 1965

21 (16 U.S.C. 460l–6a).

22 (f) AGREEMENTS AND DONATIONS.—

23 (1) AGREEMENTS.—The Secretary is authorized

24 to expend Federal funds for the cooperative manage25 ment of private property within the Preserve for re-
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1 search, resources management, and visitor protection

2 and use. The Secretary may enter into cooperative

3 agreements with public or private agencies, organiza4 tions, and institutions to further the purposes of this

5 Act.

6 (2) DONATIONS.—Notwithstanding any other

7 provision of law, the Secretary may solicit, accept,

8 retain, and expend donations of funds, property

9 (other than real property), or services from individ10 uals, foundations, corporations, or public entities for

11 the purposes of providing programs, services, facili12 ties, or technical assistance that further the pur13 poses of this Act.

14 (g) GENERAL MANAGEMENT PLAN.—

15 (1) IN GENERAL.—Not later than the termi16 nation date of the third full fiscal year beginning

17 after the date of establishment of the Preserve, the

18 Secretary shall prepare and submit to the Commit19 tee on Natural Resources of the House of Represent20 atives and the Committee on Energy and Natural

21 Resources of the Senate a general management plan

22 for the Preserve.

23 (2) CONSULTATION.—In preparing the general

24 management plan, the Secretary, acting through the
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1 Director of the National Park Service, shall consult

2 with—

3 (A)(i) appropriate officials of the Trust;

4 and

5 (ii) the Advisory Committee established

6 under section 8; and

7 (B) adjacent landowners, appropriate offi8 cials of nearby communities, and other inter9 ested parties.

10 (3) CONTENT OF PLAN.—The general manage11 ment plan shall provide for the following:

12 (A) Maintaining and enhancing the

13 tallgrass prairie ecosystem.

14 (B) Public access and enjoyment of the

15 property that is consistent with protection and

16 management of the historical, cultural, and nat17 ural resources of the ranch and surrounding

18 communities.

19 (C) Interpretive and educational programs

20 covering the natural history of the prairie, the

21 cultural history of Native Americans, and the

22 legacy of ranching in the Flint Hills Region.

23 (D) Provisions requiring the maintenance

24 of adequate fences to contain domestic and wild

25 animals within the boundaries of the Preserve
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1 and provisions requiring that disputes with ad2 jacent landowners regarding maintenance of

3 such fences shall be resolved by the county com4 missioners for the county in which the disputed

5 area of fence is located.

6 (E) Provisions requiring the Secretary to

7 comply with State noxious weed, pesticide, and

8 animal health laws.

9 (F) Provisions requiring compliance with

10 Federal and State water laws and waste laws

11 and regulations.

12 (G) The Secretary shall honor all existing

13 oil and gas and grazing leases.

14 SEC. 6. LIMITED AUTHORITY TO ACQUIRE.

15 (a) IN GENERAL.—The Secretary is authorized and

16 directed to acquire, by donation or purchase with donated

17 or appropriated funds, at fair market value—

18 (1) not more than 180 acres of real property

19 within the boundaries of the Preserve (as described

20 in section 4(b)) and the improvements thereon, and

21 (2) rights-of-way on roads that are not owned

22 by the State of Kansas within the boundaries of the

23 Preserve.

24 (b) PROHIBITIONS.—No property may be acquired

25 under this section without the consent of the owner of the
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1 property. The United States may not acquire fee owner2 ship of any lands within the Preserve other than lands

3 described in this section.

4 SEC. 7. ADVISORY COMMITTEE.

5 (a) ESTABLISHMENT.—There is established an advi6 sory committee to be known as the ‘‘Tallgrass Prairie Na7 tional Preserve Advisory Committee’’.

8 (b) DUTIES.—The Advisory Committee shall advise

9 the Secretary and Director of the National Park Service

10 concerning the development, management, and interpreta11 tion of the Preserve. In carrying out such duties, the Advi12 sory Committee shall provide timely advice to the Sec13 retary and Director during the preparation of the general

14 management plan required by section 5(g).

15 (c) MEMBERSHIP.—The Advisory Committee shall

16 consist of the following 11 members, who shall be ap17 pointed by the Secretary as follows:

18 (1) Three members shall be representatives of

19 the Trust.

20 (2) Three members shall be representatives of

21 local landowners, cattle ranchers, or other agricul22 tural interests.

23 (3) Three members shall be representatives of

24 conservation or historic preservation interests.
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1 (4) One member shall represent the State of

2 Kansas or a local political subdivision.

3 (5) One member shall represent institutions of

4 higher education (as defined in section 1201(a) of

5 the Higher Education Act of 1965 (20 U.S.C.

6 1141(a)) in the State of Kansas.

7 (d) TERMS.—

8 (1) IN GENERAL.—Each member of the Advi9 sory Committee shall be appointed to serve for a

10 term of 3 years, except that the initial members

11 shall be appointed as follows:

12 (A) Three members shall be appointed, one

13 each from paragraphs (1), (2), and (3) of sub14 section (c), to serve for a term of 3 years.

15 (B) Four members shall be appointed, one

16 each from paragraphs (1), (2), (3), and (4) of

17 subsection (c), to serve for a term of 4 years.

18 (C) Four members shall be appointed, one

19 each from paragraphs (1), (2), (3), and (5) of

20 subsection (c), shall serve for a term of 5 years.

21 (2) REAPPOINTMENT.—Each member may be

22 reappointed to serve for a subsequent term.

23 (3) EXPIRATION.—Each member shall continue

24 to serve after the expiration of the term of the mem25 ber until a successor is appointed.
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1 (4) VACANCIES.—A vacancy on the Advisory

2 Committee shall be filled in the same manner as an

3 original appointment is made. The member ap4 pointed to fill the vacancy shall serve until the expi5 ration of the term in which the vacancy occurred.

6 (e) CHAIRPERSON.—The Secretary shall appoint one

7 of the members who is a representative from the Trust

8 appointed under subsection (c)(1) to serve as Chairperson.

9 (f) MEETINGS.—Meetings of the Advisory Committee

10 shall be held at the call of the Chairperson or the majority

11 of the Advisory Committee. Meetings shall be held at such

12 locations and in such manner as to ensure adequate oppor13 tunity for public involvement. In compliance with the re14 quirements of the Federal Advisory Committee Act (5

15 U.S.C. App.), the Advisory Committee shall choose the ap16 propriate means of providing interested members of the

17 public advance notice of scheduled meetings.

18 (g) QUORUM.—A majority of the members of the Ad19 visory Committee shall constitute a quorum.

20 (h) COMPENSATION.—Each member of the Advisory

21 Committee shall serve without compensation, except that

22 while engaged in official business of the Advisory Commit23 tee, the member shall be entitled to travel expenses, in24 cluding per diem in lieu of subsistence in the same manner
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1 as persons employed intermittently in Government service

2 under section 5703 of title 5, United States Code.

3 (i) CHARTER.—The rechartering provisions of section

4 14(b) of the Federal Advisory Committee Act (5 U.S.C.

5 App.) are hereby waived with respect to the Advisory Com6 mittee.

7 SEC. 8. RESTRICTION ON AUTHORITY.

8 Nothing in this Act shall give the Secretary authority

9 to regulate lands outside the boundaries of the Preserve.

10 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

11 There are authorized to be appropriated to the De12 partment such sums as may be necessary to carry out this

13 Act.

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