Calendar No. 600

104TH CONGRESS

2D SESSION S. 695

A BILL

To provide for the establishment of the Tallgrass

other purposes.Prairie National Preserve in Kansas, and for

SEPTEMBER 16, 1996

Read with an amendment
I

Calendar No. 600

104TH CONGRESS

2D SESSION S. 695

To provide for the establishment of the Tallgrass Prairie National Preserve

in Kansas, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 6 (legislative day, APRIL 5), 1995

Mrs. KASSEBAUM (for herself Mr. DOLE, and Mr. BOND) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

SEPTEMBER 16, 1996

Reported by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To provide for the establishment of the Tallgrass Prairie

National Preserve in Kansas, and for other purposes.

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 1995’’.
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1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds the following:

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

4 prairie that once covered the North American Con5 tinent, less than 1 percent remains, primarily in the

6 Flint Hills of Kansas.

7 (2) In 1991, the National Park Service con8 ducted a special resource study of the Spring Hill

9 Ranch, located in the Flint Hills of Kansas.

10 (3) Such study concludes that the Spring Hill

11 Ranch—

12 (A) is a nationally significant example of

13 the once vast tallgrass ecosystem, and includes

14 buildings listed on the National Register of His15 toric Places pursuant to section 101 of the Na16 tional Historic Preservation Act (16 U.S.C.

17 470a) which represent outstanding examples of

18 Second Empire and other 19th Century archi19 tectural styles; and

20 (B) is suitable and feasible as a potential

21 addition to the National Park System.

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

23 Spring Hill Ranch, has agreed to permit the Na24 tional Park Service—

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

26 specified in this Act; and
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1 (B) to manage the ranch in order to—

2 (i) conserve the scenery, natural and

3 historic objects, and wildlife of the ranch;

4 and

5 (ii) provide for the enjoyment of the

6 ranch in such manner, and by such means,

7 as will leave such scenery, natural and his8 toric objects, and wildlife unimpaired for

9 the enjoyment of future generations.

10 (b) PURPOSES.—The purposes of this Act are as fol11 lows:

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

13 public an example of a tallgrass prairie ecosystem on

14 the Spring Hill Ranch, located in the Flint Hills of

15 Kansas.

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

17 historic and cultural values represented on the

18 Spring Hill Ranch.

19 SEC. 3. DEFINITIONS.

20 As used in this Act:

21 (1) ADVISORY COMMITTEE.—The term ‘‘Advi22 sory Committee’’ means the Advisory Committee es23 tablished under section 7.
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1 (2) PRESERVE.—The term ‘‘Preserve’’ means

2 the Tallgrass Prairie National Preserve established

3 under section 4.

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

5 the Secretary of the Interior.

6 (4) TRUST.—The term ‘‘Trust’’ means the Na7 tional Park Trust, Inc. (which is a District of Co8 lumbia nonprofit corporation), or any successor-in9 interest, subsidiary, affiliate, trustee, or legal rep10 resentative of the National Park Trust, Inc. that

11 possesses legal or equitable ownership or manage12 ment rights with respect to land and improvements

13 on land that constitutes any portion of the Preserve.

14 SEC. 4. ESTABLISHMENT OF TALLGRASS PRAIRIE NA15 TIONAL PRESERVE.

16 (a) IN GENERAL.—In order to provide for the preser17 vation, restoration, and interpretation of the Spring Hill

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

19 and enjoyment of present and future generations, there

20 is hereby established the Tallgrass Prairie National

21 Preserve.

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

23 lands, waters, and interests therein, including approxi24 mately 10,894 acres, generally depicted on the map enti25 tled ‘‘Boundary Map, Flint Hills Prairie National Monu-
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1 ment’’ numbered NM–TGP 80,000 and dated June 1994,

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

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

4 in Chase County, Kansas, and recorded in Book L–106

5 at pages 328 through 339, inclusive. In the case of any

6 difference between such map and legal description, such

7 legal description shall govern, except that if, as a result

8 of a survey, the Secretary determines that there is a dis9 crepancy with respect to the boundary of the Preserve that

10 may be corrected by making minor changes to the map

11 or legal description, the Secretary is directed to make such

12 minor changes. The map shall be on file and available for

13 public inspection in the appropriate offices of the National

14 Park Service of the Department of the Interior.

15 SEC. 5. ADMINISTRATION OF NATIONAL PRESERVE.

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

17 the Preserve in accordance with this Act, the cooperative

18 agreements described in subsection (f)(1), and the provi19 sions of law generally applicable to units of the National

20 Park System, including the Act entitled ‘‘An Act to estab21 lish a National Park Service, and for other purposes’’, ap22 proved August 25, 1916 (16 U.S.C. 1, 2 through 4) and

23 the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461

24 et seq.).
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1 (b) APPLICATION OF REGULATIONS.—The regula2 tions issued by the Secretary concerning the National

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

4 and protection of persons, property, and natural and cul5 tural resources shall apply within the boundaries of the

6 Preserve.

7 (c) FACILITIES.—For purposes of carrying out the

8 duties of the Secretary under this Act relating to the Pre9 serve, the Secretary may, with the consent of the land10 owner—

11 (1) directly or by contract, construct, recon12 struct, rehabilitate, or develop essential buildings,

13 structures, and related facilities including roads,

14 trails, and other interpretive facilities on real prop15 erty that is not owned by the Federal Government

16 and is located within the Preserve; and

17 (2) maintain and operate programs in connec18 tion with the Preserve.

19 (d) LIABILITY.—

20 (1) LANDOWNERS.—Notwithstanding any other

21 provision of law, no person who owns any land or in22 terest in land within the Preserve shall be liable for

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

24 who is injured or damaged while upon the land with25 in the Preserve if—
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1 (A) such injury or damages result from

2 any act or omission of the Secretary or any offi3 cer, employee, or agent of the Secretary; or

4 (B) such liability would arise solely by rea5 son of the ownership by the defendant of such

6 land or interest in land and such injury or dam7 ages are not proximately caused by the wanton

8 or willful misconduct of the defendant.

9 (2) LIABILITY OF UNITED STATES AND OFFI10 CERS AND EMPLOYEES OF THE UNITED STATES.—

11 (A) Nothing in this subsection or in any other provi12 sion of this Act may be construed to exempt the

13 Federal Government, or any officer or employee of

14 the Federal Government, from any liability for any

15 act or omission for which the Federal Government,

16 or such officer or employee, as the case may be,

17 would otherwise be liable under any applicable provi18 sion of law.

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

20 provision of this Act may be construed to impose on

21 the Federal Government, or any officer or employee

22 of the Federal Government, any liability for any act

23 or omission of any other person or entity for any act

24 or omission of such other person or entity for which

25 the Federal Government, or such officer or em-
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1 ployee, as the case may be, would otherwise not be

2 liable under any applicable provision of law.

3 (e) FEES.—Notwithstanding any other provision of

4 law, the Preserve shall be considered a designated unit of

5 the National Park System, including for the purposes of

6 charging entrance and admission fees under section 4 of

7 the Land and Water Conservation Fund Act of 1965 (16

8 U.S.C. 460l–6a).

9 (f) AGREEMENTS AND DONATIONS.—

10 (1) AGREEMENTS.—The Secretary is authorized

11 to expend Federal funds for the cooperative manage12 ment of private property within the Preserve for re13 search, resource management (including pest control

14 and noxious weed control, fire protection, and the

15 restoration of buildings), and visitor protection and

16 use. The Secretary may enter into one or more coop17 erative agreements with public or private agencies,

18 organizations, and institutions to further the pur19 poses of this Act (as specified in section 2(b)), in20 cluding entering into a memorandum of understand21 ing with the appropriate official of the county in

22 which the Preserve is located to provide for such

23 services as law enforcement and emergency services.

24 (2) DONATIONS.—Notwithstanding any other

25 provision of law, the Secretary may solicit, accept,
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1 retain, and expend donations of funds, property

2 (other than real property), or services from individ3 uals, foundations, corporations, or public entities for

4 the purposes of providing programs, services, facili5 ties, or technical assistance that further the pur6 poses of this Act.

7 (g) GENERAL MANAGEMENT PLAN.—

8 (1) IN GENERAL.—Not later than the termi9 nation date of the third full fiscal year beginning

10 after the date of establishment of the Preserve, the

11 Secretary shall prepare and submit to the Commit12 tee on Energy and Natural Resources of the Senate

13 and the Committee on Resources of the House of

14 Representatives a general management plan for the

15 Preserve.

16 (2) CONSULTATION.—In preparing the general

17 management plan, the Secretary, acting through the

18 Director of the National Park Service, shall consult

19 with—

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

21 and

22 (ii) the Advisory Committee established

23 under section 7; and

24 (B) adjacent landowners, appropriate offi25 cials of nearby communities, the Kansas De-
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1 partment of Wildlife and Parks, and the Kan2 sas Historical Society, and other interested par3 ties.

4 (3) CONTENT OF PLAN.—The general manage5 ment plan shall provide for the following:

6 (A) Maintaining and enhancing the

7 tallgrass prairie ecosystem within the bound8 aries of the Preserve.

9 (B) Public access and enjoyment of the

10 property that is consistent with the conserva11 tion and proper management of the historical,

12 cultural, and natural resources of the ranch,

13 lands of adjoining landowners, and surrounding

14 communities.

15 (C) Interpretive and educational programs

16 covering the natural history of the prairie, the

17 cultural history of Native Americans, and the

18 legacy of ranching in the Flint Hills region.

19 (D) Provisions requiring the application of

20 applicable State law concerning the mainte21 nance of adequate fences within the boundaries

22 of the Preserve. In any case in which an activ23 ity of the National Park Service requires fences

24 that exceed the legal fence standard otherwise

25 applicable to the Preserve, the National Park
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1 Service shall pay the additional cost of con2 structing and maintaining the fences to meet

3 the applicable requirements for that activity.

4 (E) Provisions requiring the Secretary to

5 comply with applicable State noxious weed, pes6 ticide, and animal health laws.

7 (F) Provisions requiring compliance with

8 applicable Federal and State water laws and

9 waste disposal laws (including regulations) and

10 any other applicable law.

11 (G) Provisions requiring the Secretary to

12 honor each valid existing oil and gas lease for

13 lands within the boundaries of the Preserve (as

14 described in section 4(b)) that is in effect on

15 the date of enactment of this Act.

16 (H) Provisions requiring the Secretary to

17 offer to enter into an agreement with each indi18 vidual who, as of the date of enactment of this

19 Act, holds rights for cattle grazing within the

20 boundaries of the Preserve (as described in sec21 tion 4(b)).

22 SEC. 6. LIMITED AUTHORITY TO ACQUIRE.

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

24 directed to acquire, by donation or purchase with donated

25 or appropriated funds, at fair market value—
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1 (1) not more than 180 acres of real property

2 within the boundaries of the Preserve (as described

3 in section 4(b)) and the improvements thereon; and

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

5 by the State of Kansas within the boundaries of the

6 Preserve.

7 (b) PAYMENTS IN LIEU OF TAXES.—For the pur8 poses of payments made pursuant to chapter 69 of title

9 31, United States Code, the real property described in

10 subsection (a)(1) shall be deemed to have been acquired

11 for the purposes specified in section 6904(a) of such title

12 31.

13 (c) PROHIBITIONS.—No property may be acquired

14 under this section without the consent of the owner of the

15 property. The United States may not acquire fee owner16 ship of any lands within the Preserve other than lands

17 described in this section.

18 SEC. 7. ADVISORY COMMITTEE.

19 (a) ESTABLISHMENT.—There is established an advi20 sory committee to be known as the ‘‘Tallgrass Prairie Na21 tional Preserve Advisory Committee’’.

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

23 the Secretary and the Director of the National Park Serv24 ice concerning the development, management, and inter25 pretation of the Preserve. In carrying out such duties, the
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1 Advisory Committee shall provide timely advice to the Sec2 retary and the Director during the preparation of the gen3 eral management plan required by section 5(g).

4 (c) MEMBERSHIP.—The Advisory Committee shall

5 consist of the following 13 members, who shall be ap6 pointed by the Secretary as follows:

7 (1) Three members shall be representatives of

8 the Trust.

9 (2) Three members shall be representatives of

10 local landowners, cattle ranchers, or other agricul11 tural interests.

12 (3) Three members shall be representatives of

13 conservation or historic preservation interests.

14 (4) Three members, who shall be appointed as

15 follows:

16 (A) One member shall be selected from a

17 list of nominations submitted to the Secretary

18 by the Chase County Commission in the State

19 of Kansas.

20 (B) One member shall be selected from a

21 list of nominations jointly submitted to the Sec22 retary by appropriate officials of Strong City,

23 Kansas, and Cottonwood Falls, Kansas.
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1 (C) One member shall be selected from a

2 list of nominations submitted to the Secretary

3 by the Governor of the State of Kansas.

4 (5) One member shall be a range management

5 specialist representing institutions of higher edu6 cation (as defined in section 1201(a) of the Higher

7 Education Act of 1965 (20 U.S.C. 1141(a))) in the

8 State of Kansas.

9 (d) TERMS.—

10 (1) IN GENERAL.—Each member of the Advi11 sory Committee shall be appointed to serve for a

12 term of 3 years, except that the initial members

13 shall be appointed as follows:

14 (A) Four members shall be appointed, one

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

16 subsection (c), to serve for a term of 3 years.

17 (B) Four members shall be appointed, one

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

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

20 (C) Five members shall be appointed, one

21 each from paragraphs (1) through (5) of sub22 section (c), to serve for a term of 5 years.

23 (2) REAPPOINTMENT.—Each member may be

24 reappointed to serve for a subsequent term.
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1 (3) EXPIRATION.—Each member shall continue

2 to serve after the expiration of the term of the mem3 ber until a successor is appointed.

4 (4) VACANCIES.—A vacancy on the Advisory

5 Committee shall be filled in the same manner as an

6 original appointment is made. The member ap7 pointed to fill the vacancy shall serve until the expi8 ration of the term in which the vacancy occurred.

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

10 of the members who is a representative from the Trust

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

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

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

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

15 locations and in such manner as to ensure adequate oppor16 tunity for public involvement. In compliance with the re17 quirements of the Federal Advisory Committee Act (5

18 U.S.C. App.), the Advisory Committee shall choose an ap19 propriate means of providing interested members of the

20 public advance notice of scheduled meetings.

21 (g) QUORUM.—A majority of the members of the Ad22 visory Committee shall constitute a quorum.

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

24 Committee shall serve without compensation, except that

25 while engaged in official business of the Advisory Commit-
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1 tee, the member shall be entitled to travel expenses, in2 cluding per diem in lieu of subsistence in the same manner

3 as persons employed intermittently in Government service

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

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

6 14(b) of the Federal Advisory Committee Act (5 U.S.C.

7 App.) are hereby waived with respect to the Advisory Com8 mittee.

9 SEC. 8. RESTRICTION ON AUTHORITY.

10 Nothing in this Act shall give the Secretary authority

11 to regulate lands outside the boundaries of the Preserve.

12 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

13 There are authorized to be appropriated to the De14 partment of the Interior such sums as may be necessary

15 to carry out this Act.

16 SECTION 1. SHORT TITLE.

17 This subtitle may be cited as the ‘‘Tallgrass Prairie

18 National Preserve Act of 1996’’.

19 SEC. 2. FINDINGS AND PURPOSES.

20 (a) FINDINGS.—Congress finds that—

21 (1) of the 400,000 square miles of tallgrass prai22 rie that once covered the North American Continent,

23 less than 1 percent remains, primarily in the Flint

24 Hills of Kansas;
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1 (2) in 1991, the National Park Service conducted

2 a special resource study of the Spring Hill Ranch, lo3 cated in the Flint Hills of Kansas;

4 (3) the study concludes that the Spring Hill

5 Ranch—

6 (A) is a nationally significant example of

7 the once vast tallgrass ecosystem, and includes

8 buildings listed on the National Register of His9 toric Places pursuant to section 101 of the Na10 tional Historic Preservation Act (16 U.S.C.

11 470a) that represent outstanding examples of

12 Second Empire and other 19th Century architec13 tural styles; and

14 (B) is suitable and feasible as a potential

15 addition to the National Park System; and

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

17 Spring Hill Ranch, has agreed to permit the National

18 Park Service—

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

20 specified in this subtitle; and

21 (B) to manage the ranch in order to—

22 (i) conserve the scenery, natural and

23 historic objects, and wildlife of the ranch;

24 and
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1 (ii) provide for the enjoyment of the

2 ranch in such a manner and by such means

3 as will leave the scenery, natural and his4 toric objects, and wildlife unimpaired for

5 the enjoyment of future generations.

6 (b) PURPOSES.—The purposes of this Act are—

7 (1) to preserve, protect, and interpret for the

8 public an example of a tallgrass prairie ecosystem on

9 the Spring Hill Ranch, located in the Flint Hills of

10 Kansas; and

11 (2) to preserve and interpret for the public the

12 historic and cultural values represented on the Spring

13 Hill Ranch.

14 SEC. 3. DEFINITIONS.

15 In this Act:

16 (1) ADVISORY COMMITTEE.—The term ‘‘Advisory

17 Committee’’ means the Advisory Committee estab18 lished under section 7.

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

20 Tallgrass Prairie National Preserve established by

21 section 4.

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

23 the Secretary of the Interior.
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1 (4) TRUST.—The term ‘‘Trust’’ means the Na2 tional Park Trust, Inc., a District of Columbia non3 profit corporation, or any successor-in-interest.

4 SEC. 4. ESTABLISHMENT OF TALLGRASS PRAIRIE NA5 TIONAL PRESERVE.

6 (a) IN GENERAL.—In order to provide for the preser7 vation, restoration, and interpretation of the Spring Hill

8 Ranch area of the Flint Hills of Kansas, for the benefit and

9 enjoyment of present and future generations, there is estab10 lished the Tallgrass Prairie National Preserve.

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

12 lands and interests in land, including approximately

13 10,894 acres, generally depicted on the map entitled

14 ‘‘Boundary Map, Flint Hills Prairie National Monument’’

15 numbered NM–TGP 80,000 and dated June 1994, more

16 particularly described in the deed filed at 8:22 a.m. of June

17 3, 1994, with the Office of the Register of Deeds in Chase

18 County, Kansas, and recorded in Book L–106 at pages 328

19 through 339, inclusive. In the case of any difference between

20 the map and the legal description, the legal description shall

21 govern, except that if, as a result of a survey, the Secretary

22 determines that there is a discrepancy with respect to the

23 boundary of the Preserve that may be corrected by making

24 minor changes to the map, the Secretary shall make changes

25 to the map as appropriate, and the boundaries of the Pre-
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1 serve shall be adjusted accordingly. The map shall be on

2 file and available for public inspection in the appropriate

3 offices of the National Park Service of the Department of

4 the Interior.

5 SEC. 5. ADMINISTRATION OF NATIONAL PRESERVE.

6 (a) IN GENERAL.—The Secretary shall administer the

7 Preserve in accordance with this Act, the cooperative agree8 ments described in subsection (f)(1), and the provisions of

9 law generally applicable to units of the National Park Sys10 tem, including the Act entitled ‘‘An Act to establish a Na11 tional Park Service, and for other purposes’’, approved Au12 gust 25, 1916 (16 U.S.C. 1, 2 through 4) and the Act of

13 August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.).

14 (b) APPLICATION OF REGULATIONS.—With the consent

15 of a private owner of land within the boundaries of the Pre16 serve, the regulations issued by the Secretary concerning the

17 National Park Service that provide for the proper use, man18 agement, and protection of persons, property, and natural

19 and cultural resources shall apply to the private land.

20 (c) FACILITIES.—For purposes of carrying out the du21 ties of the Secretary under this Act relating to the Preserve,

22 the Secretary may, with the consent of a landowner, di23 rectly or by contract, construct, reconstruct, rehabilitate, or

24 develop essential buildings, structures, and related facilities

25 including roads, trails, and other interpretive facilities on
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1 real property that is not owned by the Federal Government

2 and is located within the Preserve.

3 (d) LIABILITY.—

4 (1) LIABILITY OF THE UNITED STATES AND ITS

5 OFFICERS AND EMPLOYEES.—Except as otherwise

6 provided in this Act, the liability of the United States

7 is subject to the terms and conditions of the Federal

8 Tort Claims Act, as amended, 28 U.S.C. 2671 et seq.,

9 with respect to the claims arising by virtue of the Sec10 retaries administration of the Preserve pursuant to

11 this Act.

12 (2) LIABILITY OF LANDOWNERS.—

13 (A) The Secretary of the Interior is author14 ized, under such terms and conditions as he

15 deems appropriate, to include in any cooperative

16 agreement entered into in accordance with sub17 section (f)(1) an indemnification provision by

18 which the United States agrees to hold harmless,

19 defend and indemnify the landowner in full from

20 and against any suit, claim, demand or action,

21 liability, judgment, cost or other fee arising out

22 of any claim of personal injury or property

23 damage that occurs in connection with the oper24 ation of the Preserve under the agreement: Pro-
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1 vided however, That indemnification shall not

2 exceed $3 million per claimant per occurrence.

3 (B) The indemnification provision author4 ization by subparagraph (A) shall not include

5 claims for personal injury or property damage

6 proximately caused by the wanton or willful

7 misconduct of the landowner.

8 (e) UNIT OF THE NATIONAL PARK SYSTEM.—The Pre9 serve shall be a unit of the National Park System for all

10 purposes, including the purpose of exercising authority to

11 charge entrance and admission fees under section 4 of the

12 Land and Water Conservation Fund Act of 1965 (16 U.S.C.

13 4601–6a).

14 (f) AGREEMENTS AND DONATIONS.—

15 (1) AGREEMENTS.—The Secretary may expend

16 Federal funds for the cooperative management of pri17 vate property within the Preserve for research, re18 source management (including pest control and nox19 ious weed control, fire protection, and the restoration

20 of buildings), and visitor protection and use.

21 (2) DONATIONS.—The Secretary may accept, re22 tain, and expend donations of funds, property (other

23 than real property), or services from individuals,

24 foundations, corporations, or public entities for the

25 purposes of providing programs, services, facilities, or
23

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1 technical assistance that further the purposes of this

2 Act.

3 (g) GENERAL MANAGEMENT PLAN.—

4 (1) IN GENERAL.—Not later than the end of the

5 third full fiscal year beginning after the date of enact6 ment of this Act, the Secretary shall prepare and sub7 mit to the Committee on Energy and Natural Re8 sources of the Senate and the Committee on Resources

9 of the House of Representatives a general manage10 ment plan for the Preserve.

11 (2) CONSULTATION.—In preparing the general

12 management plan, the Secretary, acting through the

13 Director of the National Park Service, shall consult

14 with—

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

16 and

17 (ii) the Advisory Committee; and

18 (B) adjacent landowners, appropriate offi19 cials of nearby communities, the Kansas Depart20 ment of Wildlife and Parks, and the Kansas His21 torical Society, and other interested parties.

22 (3) CONTENT OF PLAN.—The general manage23 ment plan shall provide for the following:
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1 (A) Maintaining and enhancing the

2 tallgrass prairie within the boundaries of the

3 Preserve.

4 (B) Public access and enjoyment of the

5 property that is consistent with the conservation

6 and proper management of the historical, cul7 tural, and natural resources of the ranch.

8 (C) Interpretive and educational programs

9 covering the natural history of the prairie, the

10 cultural history of Native Americans, and the

11 legacy of ranching in the Flint Hills region.

12 (D) Provisions requiring the application of

13 applicable State law concerning the maintenance

14 of adequate fences within the boundaries of the

15 Preserve. In any case in which an activity of the

16 National Park Service requires fences that exceed

17 the legal fence standard otherwise applicable to

18 the Preserve, the National Park Service shall pay

19 the additional cost of constructing and main20 taining the fences to meet the applicable require21 ments for that activity.

22 (E) Provisions requiring the Secretary to

23 comply with applicable State noxious weed, pes24 ticide, and animal health laws.
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1 (F) Provisions requiring compliance with

2 applicable State water laws and Federal and

3 State waste disposal laws (including regulations)

4 and any other applicable law.

5 (G) Provisions requiring the Secretary to

6 honor each valid existing oil and gas lease for

7 lands within the boundaries of the Preserve (as

8 described in section 4(b)) that is in effect on the

9 date of enactment of this Act.

10 (H) Provisions requiring the Secretary to

11 offer to enter into an agreement with each indi12 vidual who, as of the date of enactment of this

13 Act, holds rights for cattle grazing within the

14 boundaries of the Preserve (as described in sec15 tion 4(b)).

16 (4) HUNTING AND FISHING.—The Secretary may

17 allow hunting and fishing on Federal lands within

18 the Preserve.

19 (5) FINANCIAL ANALYSIS.—As part of the devel20 opment of the general management plan, the Sec21 retary shall prepare a financial analysis indicating

22 how the management of the Preserve may be fully

23 supported through fees, private donations, and other

24 forms of non-Federal funding.
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1 SEC. 6. LIMITED AUTHORITY TO ACQUIRE.

2 (a) IN GENERAL.—The Secretary shall acquire, by do3 nation, not more than 180 acres of real property within

4 the boundaries of the Preserve (as described in section 4(b))

5 and the improvements of the real property.

6 (b) PAYMENTS IN LIEU OF TAXES.—For the purposes

7 of payments made under chapter 69 of title 31, United

8 States Code, the real property described in subsection (a)(1)

9 shall be deemed to have been acquired for the purposes speci10 fied in section 6904(a) of that title.

11 (c) PROHIBITIONS.—No property may be acquired

12 under this section without the consent of the owner of the

13 property. The United States may not acquire fee ownership

14 of any lands within the Preserve other than lands described

15 in this section.

16 SEC. 7. ADVISORY COMMITTEE.

17 (a) ESTABLISHMENT.—There is established an advi18 sory committee to be known as the ‘‘Tallgrass Prairie Na19 tional Preserve Advisory Committee’’.

20 (b) DUTIES.—The Advisory Committee shall advise the

21 Secretary and the Director of the National Park Service

22 concerning the development, management, and interpreta23 tion of the Preserve. In carrying out those duties, the Advi24 sory Committee shall provide timely advice to the Secretary

25 and the Director during the preparation of the general

26 management plan under section 5(g).
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1 (c) MEMBERSHIP.—The Advisory Committee shall

2 consist of 13 members, who shall be appointed by the Sec3 retary as follows:

4 (1) Three members shall be representatives of the

5 Trust.

6 (2) Three members shall be representatives of

7 local landowners, cattle ranchers, or other agricul8 tural interests.

9 (3) Three members shall be representatives of

10 conservation or historic preservation interests.

11 (4)(A) One member shall be selected from a list

12 of persons recommended by the Chase County Com13 mission in the State of Kansas.

14 (B) One member shall be selected from a list of

15 persons recommended by appropriate officials of

16 Strong City, Kansas, and Cottonwood Falls, Kansas.

17 (C) One member shall be selected from a list of

18 persons recommended by the Governor of the State of

19 Kansas.

20 (5) One member shall be a range management

21 specialist representing institutions of higher education

22 (as defined in section 1201(a) of the Higher Edu23 cation Act of 1965 (20 U.S.C. 1141(a))) in the State

24 of Kansas.

25 (d) TERMS.—
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1 (1) IN GENERAL.—Each member of the Advisory

2 Committee shall be appointed to serve for a term of

3 3 years, except that the initial members shall be ap4 pointed as follows:

5 (A) Four members shall be appointed, one

6 each from paragraph (1), (2), (3), and (4) of

7 subsection (c), to serve for a term of 3 years.

8 (B) Four members shall be appointed, one

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

10 subsections (c), to serve for a term of 4 years.

11 (C) Five members shall be appointed, one

12 each from paragraphs (1) through (5) of sub13 section (c), to serve for a term of 5 years.

14 (2) REAPPOINTMENT.—Each member may be re15 appointed to serve a subsequent term.

16 (3) EXPIRATION.—Each member shall continue

17 to serve after the expiration of the term of the member

18 until a successor is appointed.

19 (4) VACANCIES.—A vacancy on the Advisory

20 Committee shall be filled in the same manner as an

21 original appointment is made. The member appointed

22 to fill the vacancy shall serve until the expiration of

23 the term in which the vacancy occurred.
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1 (e) CHAIRPERSON.—The members of the Advisory

2 Committee shall select 1 of the members to serve as Chair3 person.

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

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

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

7 locations and in such a manner as to ensure adequate op8 portunity for public involvement. In compliance with the

9 requirements of the Federal Advisory Committee Act (5

10 U.S.C. App.), the Advisory Committee shall choose an ap11 propriate means of providing interested members of the

12 public advance notice of scheduled meetings.

13 (g) QUORUM.—A majority of the members of the Advi14 sory Committee shall constitute a quorum.

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

16 Committee shall serve without compensation, except that

17 while engaged in official business of the Advisory Commit18 tee, the member shall be entitled to travel expenses, includ19 ing per diem in lieu of subsistence in the same manner as

20 persons employed intermittently in Government service

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

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

23 14(b) of the Federal Advisory Committee Act (5 U.S.C.

24 App.) shall not apply to the Advisory Committee.
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1 SEC. 8. RESTRICTION ON AUTHORITY.

2 Nothing in this Act shall give the Secretary authority

3 to regulate lands outside the land area acquired by the Sec4 retary under section 6(a).

5 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

6 There are authorized to be appropriated to the Depart7 ment of the Interior such sums as are necessary to carry

8 out this Act.