II

104TH CONGRESS

1ST 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 and Mr. DOLE) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

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’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—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, primarily 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 pursuant to section 101 of the Na12 tional Historic Preservation Act (16 U.S.C.

13 470a) which represent outstanding examples of

14 Second Empire and other 19th Century archi15 tectural styles; and

16 (B) is suitable and feasible as a potential

17 addition to the National Park System.

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

19 Spring Hill Ranch, has agreed to permit the Na20 tional Park Service—

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

22 specified in this Act; and

23 (B) to manage the ranch in order to—
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1 (i) conserve the scenery, natural and

2 historic objects, and wildlife of the ranch;

3 and

4 (ii) provide for the enjoyment of the

5 ranch in such manner, and by such means,

6 as will leave such scenery, natural and his7 toric objects, and wildlife unimpaired for

8 the enjoyment of future generations.

9 (b) PURPOSES.—The purposes of this Act are as fol10 lows:

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

12 public an example of a tallgrass prairie ecosystem on

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

14 Kansas.

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

16 historic and cultural values represented on the

17 Spring Hill Ranch.

18 SEC. 3. DEFINITIONS.

19 As used in this Act:

20 (1) ADVISORY COMMITTEE.—The term ‘‘Advi21 sory Committee’’ means the Advisory Committee es22 tablished under section 7.

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

24 the Tallgrass Prairie National Preserve established

25 under section 4.
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1 (3) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

3 (4) TRUST.—The term ‘‘Trust’’ means the Na4 tional Park Trust, Inc. (which is a District of Co5 lumbia nonprofit corporation), or any successor-in6 interest, subsidiary, affiliate, trustee, or legal rep7 resentative of the National Park Trust, Inc. that

8 possesses legal or equitable ownership or manage9 ment rights with respect to land and improvements

10 on land that constitutes any portion of the Preserve.

11 SEC. 4. ESTABLISHMENT OF TALLGRASS PRAIRIE NA12 TIONAL PRESERVE.

13 (a) IN GENERAL.—In order to provide for the preser14 vation, restoration, and interpretation of the Spring Hill

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

16 and enjoyment of present and future generations, there

17 is hereby established the Tallgrass Prairie National

18 Preserve.

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

20 lands, waters, and interests therein, including approxi21 mately 10,894 acres, generally depicted on the map enti22 tled ‘‘Boundary Map, Flint Hills Prairie National Monu23 ment’’ numbered NM–TGP 80,000 and dated June 1994,

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

25 of June 3, 1994, with the Office of the Register of Deeds
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1 in Chase County, Kansas, and recorded in Book L–106

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

3 difference between such map and legal description, such

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

5 of a survey, the Secretary determines that there is a dis6 crepancy with respect to the boundary of the Preserve that

7 may be corrected by making minor changes to the map

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

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

10 public inspection in the appropriate offices of the National

11 Park Service of the Department of the Interior.

12 SEC. 5. ADMINISTRATION OF NATIONAL PRESERVE.

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

14 the Preserve in accordance with this Act, the cooperative

15 agreements described in subsection (f)(1), and the provi16 sions of law generally applicable to units of the National

17 Park System, including the Act entitled ‘‘An Act to estab18 lish a National Park Service, and for other purposes’’, ap19 proved August 25, 1916 (16 U.S.C. 1, 2 through 4) and

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

21 et seq.).

22 (b) APPLICATION OF REGULATIONS.—The regula23 tions issued by the Secretary concerning the National

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

25 and protection of persons, property, and natural and cul-
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1 tural resources shall apply within the boundaries of the

2 Preserve.

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

4 duties of the Secretary under this Act relating to the Pre5 serve, the Secretary may, with the consent of the land6 owner—

7 (1) directly or by contract, construct, recon8 struct, rehabilitate, or develop essential buildings,

9 structures, and related facilities including roads,

10 trails, and other interpretive facilities on real prop11 erty that is not owned by the Federal Government

12 and is located within the Preserve; and

13 (2) maintain and operate programs in connec14 tion with the Preserve.

15 (d) LIABILITY.—

16 (1) LANDOWNERS.—Notwithstanding any other

17 provision of law, no person who owns any land or in18 terest in land within the Preserve shall be liable for

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

20 who is injured or damaged while upon the land with21 in the Preserve if—

22 (A) such injury or damages result from

23 any act or omission of the Secretary or any offi24 cer, employee, or agent of the Secretary; or
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1 (B) such liability would arise solely by rea2 son of the ownership by the defendant of such

3 land or interest in land and such injury or dam4 ages are not proximately caused by the wanton

5 or willful misconduct of the defendant.

6 (2) LIABILITY OF UNITED STATES AND OFFI7 CERS AND EMPLOYEES OF THE UNITED STATES.—

8 (A) Nothing in this subsection or in any other provi9 sion of this Act may be construed to exempt the

10 Federal Government, or any officer or employee of

11 the Federal Government, from any liability for any

12 act or omission for which the Federal Government,

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

14 would otherwise be liable under any applicable provi15 sion of law.

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

17 provision of this Act may be construed to impose on

18 the Federal Government, or any officer or employee

19 of the Federal Government, any liability for any act

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

21 or omission of such other person or entity for which

22 the Federal Government, or such officer or em23 ployee, as the case may be, would otherwise not be

24 liable under any applicable provision of law.
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1 (e) FEES.—Notwithstanding any other provision of

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

3 the National Park System, including for the purposes of

4 charging entrance and admission fees under section 4 of

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

6 U.S.C. 460l–6a).

7 (f) AGREEMENTS AND DONATIONS.—

8 (1) AGREEMENTS.—The Secretary is authorized

9 to expend Federal funds for the cooperative manage10 ment of private property within the Preserve for re11 search, resource management (including pest control

12 and noxious weed control, fire protection, and the

13 restoration of buildings), and visitor protection and

14 use. The Secretary may enter into one or more coop15 erative agreements with public or private agencies,

16 organizations, and institutions to further the pur17 poses of this Act (as specified in section 2(b)), in18 cluding entering into a memorandum of understand19 ing with the appropriate official of the county in

20 which the Preserve is located to provide for such

21 services as law enforcement and emergency services.

22 (2) DONATIONS.—Notwithstanding any other

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

24 retain, and expend donations of funds, property

25 (other than real property), or services from individ-
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1 uals, foundations, corporations, or public entities for

2 the purposes of providing programs, services, facili3 ties, or technical assistance that further the pur4 poses of this Act.

5 (g) GENERAL MANAGEMENT PLAN.—

6 (1) IN GENERAL.—Not later than the termi7 nation date of the third full fiscal year beginning

8 after the date of establishment of the Preserve, the

9 Secretary shall prepare and submit to the Commit10 tee on Energy and Natural Resources of the Senate

11 and the Committee on Resources of the House of

12 Representatives a general management plan for the

13 Preserve.

14 (2) CONSULTATION.—In preparing the general

15 management plan, the Secretary, acting through the

16 Director of the National Park Service, shall consult

17 with—

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

19 and

20 (ii) the Advisory Committee established

21 under section 7; and

22 (B) adjacent landowners, appropriate offi23 cials of nearby communities, the Kansas De24 partment of Wildlife and Parks, and the Kan-
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1 sas Historical Society, and other interested par2 ties.

3 (3) CONTENT OF PLAN.—The general manage4 ment plan shall provide for the following:

5 (A) Maintaining and enhancing the

6 tallgrass prairie ecosystem within the bound7 aries of the Preserve.

8 (B) Public access and enjoyment of the

9 property that is consistent with the conserva10 tion and proper management of the historical,

11 cultural, and natural resources of the ranch,

12 lands of adjoining landowners, and surrounding

13 communities.

14 (C) Interpretive and educational programs

15 covering the natural history of the prairie, the

16 cultural history of Native Americans, and the

17 legacy of ranching in the Flint Hills region.

18 (D) Provisions requiring the application of

19 applicable State law concerning the mainte20 nance of adequate fences within the boundaries

21 of the Preserve. In any case in which an activ22 ity of the National Park Service requires fences

23 that exceed the legal fence standard otherwise

24 applicable to the Preserve, the National Park

25 Service shall pay the additional cost of con-
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1 structing and maintaining the fences to meet

2 the applicable requirements for that activity.

3 (E) Provisions requiring the Secretary to

4 comply with applicable State noxious weed, pes5 ticide, and animal health laws.

6 (F) Provisions requiring compliance with

7 applicable Federal and State water laws and

8 waste disposal laws (including regulations) and

9 any other applicable law.

10 (G) Provisions requiring the Secretary to

11 honor each valid existing oil and gas lease for

12 lands within the boundaries of the Preserve (as

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

14 the date of enactment of this Act.

15 (H) Provisions requiring the Secretary to

16 offer to enter into an agreement with each indi17 vidual who, as of the date of enactment of this

18 Act, holds rights for cattle grazing within the

19 boundaries of the Preserve (as described in sec20 tion 4(b)).

21 SEC. 6. LIMITED AUTHORITY TO ACQUIRE.

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

23 directed to acquire, by donation or purchase with donated

24 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.

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