II

103D CONGRESS

2D SESSION S. 2412

To provide for the establishment of the Tallgrass Prairie National Preserve

in Kansas, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 19 (legislative day, AUGUST 18), 1994

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 1994’’.

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. The map shall be on file

5 and available for public inspection in the appropriate of6 fices of the National Park Service of the Department of

7 the Interior.

8 SEC. 5. ADMINISTRATION OF NATIONAL PRESERVE.

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

10 the Preserve in accordance with this Act, the cooperative

11 agreement described in subsection (f)(1), and the provi12 sions of law generally applicable to units of the National

13 Park System, including the Act entitled ‘‘An Act to estab14 lish a National Park Service, and for other purposes’’, ap15 proved August 25, 1916 (16 U.S.C. 1, 2 through 4) and

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

17 et seq.).

18 (b) APPLICATION OF REGULATIONS.—The regula19 tions issued by the Secretary concerning the National

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

21 and protection of persons, property, and natural and cul22 tural resources shall apply within the boundaries of the

23 Preserve.
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1 (c) FACILITIES.—For purposes of carrying out the

2 duties of the Secretary under this Act relating to the Pre3 serve, the Secretary may—

4 (1) directly or by contract, construct, recon5 struct, rehabilitate, or develop essential buildings,

6 structures, and related facilities including roads,

7 trails, and other interpretive facilities on real prop8 erty that is not owned by the Federal Government

9 and is located within the Preserve; and

10 (2) maintain and operate programs in connec11 tion with the Preserve with the consent of the land12 owners.

13 (d) LIABILITY.—

14 (1) LANDOWNERS.—Notwithstanding any other

15 provision of law, no person who owns any land or in16 terest in land within the Preserve shall be liable for

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

18 if—

19 (A) such injury or damages result from

20 any act or omission of the Secretary or any offi21 cer, employee, or agent of the Secretary; or

22 (B) such liability would arise solely by rea23 son of the ownership by the defendant of such

24 land or interest in land and such injury or dam-
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1 ages are not proximately caused by the wanton

2 or willful misconduct of the defendant.

3 (2) LIABILITY OF UNITED STATES AND OFFI4 CERS AND EMPLOYEES OF THE UNITED STATES.—

5 (A) Nothing in this subsection or in any other provi6 sion of this Act may be construed to exempt the

7 Federal Government, or any officer or employee of

8 the Federal Government, from any liability for any

9 act or omission for which the Federal Government,

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

11 would otherwise be liable under any applicable provi12 sion of law.

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

14 provision of this Act may be construed to impose on

15 the Federal Government, or any officer or employee

16 of the Federal Government, any liability for any act

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

18 or omission of such other person or entity for which

19 the Federal Government, or such officer or em20 ployee, as the case may be, would otherwise not be

21 liable under any applicable provision of law.

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

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

24 the National Park System, including for the purposes of

25 charging entrance and admission fees under section 4 of
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1 the Land and Water Conservation Fund Act of 1965 (16

2 U.S.C. 460l–6a).

3 (f) AGREEMENTS AND DONATIONS.—

4 (1) AGREEMENTS.—The Secretary is authorized

5 to expend Federal funds for the cooperative manage6 ment of private property within the Preserve for re7 search, resource management, and visitor protection

8 and use. The Secretary may enter into cooperative

9 agreements with public or private agencies, organiza10 tions, and institutions to further the purposes of this

11 Act (as specified in section 2(b)).

12 (2) DONATIONS.—Notwithstanding any other

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

14 retain, and expend donations of funds, property

15 (other than real property), or services from individ16 uals, foundations, corporations, or public entities for

17 the purposes of providing programs, services, facili18 ties, or technical assistance that further the pur19 poses of this Act.

20 (g) GENERAL MANAGEMENT PLAN.—

21 (1) IN GENERAL.—Not later than the termi22 nation date of the third full fiscal year beginning

23 after the date of establishment of the Preserve, the

24 Secretary shall prepare and submit to the Commit25 tee on Energy and Natural Resources of the Senate
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1 and the Committee on Natural Resources of the

2 House of Representatives a general management

3 plan for the Preserve.

4 (2) CONSULTATION.—In preparing the general

5 management plan, the Secretary, acting through the

6 Director of the National Park Service, shall consult

7 with—

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

9 and

10 (ii) the Advisory Committee established

11 under section 8; and

12 (B) adjacent landowners, appropriate offi13 cials of nearby communities, and other inter14 ested parties.

15 (3) CONTENT OF PLAN.—The general manage16 ment plan shall provide for the following:

17 (A) Maintaining and enhancing the

18 tallgrass prairie ecosystem.

19 (B) Public access and enjoyment of the

20 property that is consistent with protection and

21 management of the historical, cultural, and nat22 ural resources of the ranch, lands of adjoining

23 landowners, and surrounding communities.

24 (C) Interpretive and educational programs

25 covering the natural history of the prairie, the
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1 cultural history of Native Americans, and the

2 legacy of ranching in the Flint Hills region.

3 (D) Provisions requiring the maintenance

4 of adequate fences to contain domestic and wild

5 animals within the boundaries of the Preserve

6 and provisions requiring that disputes with ad7 jacent landowners regarding the maintenance of

8 such fences shall be resolved by the county com9 missioners for the county in which the disputed

10 area of fence is located.

11 (E) Provisions requiring the Secretary to

12 comply with applicable State noxious weed, pes13 ticide, and animal health laws.

14 (F) Provisions requiring compliance with

15 applicable Federal and State water laws and

16 waste disposal laws (including regulations).

17 (G) Provisions requiring the Secretary to

18 honor each valid existing oil and gas lease for

19 lands within the boundaries of the Preserve (as

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

21 the date of enactment of this Act.

22 (H) Provisions requiring the Secretary to

23 offer to enter into an agreement with each indi24 vidual who, as of the date of enactment of this

25 Act, holds rights for cattle grazing within the
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1 boundaries of the Preserve (as described in sec2 tion 4(b)).

3 SEC. 6. LIMITED AUTHORITY TO ACQUIRE.

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

5 directed to acquire, by donation or purchase with donated

6 or appropriated funds, at fair market value—

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

8 within the boundaries of the Preserve (as described

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

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

11 by the State of Kansas within the boundaries of the

12 Preserve.

13 (b) PAYMENTS IN LIEU OF TAXES.—For the pur14 poses of payments made pursuant to chapter 69 of title

15 31, United States Code, the real property described in

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

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

18 31.

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

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

21 property. The United States may not acquire fee owner22 ship of any lands within the Preserve other than lands

23 described in this section.
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1 SEC. 7. ADVISORY COMMITTEE.

2 (a) ESTABLISHMENT.—There is established an advi3 sory committee to be known as the ‘‘Tallgrass Prairie Na4 tional Preserve Advisory Committee’’.

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

6 the Secretary and the Director of the National Park Serv7 ice concerning the development, management, and inter8 pretation of the Preserve. In carrying out such duties, the

9 Advisory Committee shall provide timely advice to the Sec10 retary and the Director during the preparation of the gen11 eral management plan required by section 5(g).

12 (c) MEMBERSHIP.—The Advisory Committee shall

13 consist of the following 11 members, who shall be ap14 pointed by the Secretary as follows:

15 (1) Three members shall be representatives of

16 the Trust.

17 (2) Three members shall be representatives of

18 local landowners, cattle ranchers, or other agricul19 tural interests.

20 (3) Three members shall be representatives of

21 conservation or historic preservation interests.

22 (4) One member shall represent the State of

23 Kansas or a political subdivision of the State.

24 (5) One member shall represent institutions of

25 higher education (as defined in section 1201(a) of
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1 the Higher Education Act of 1965 (20 U.S.C.

2 1141(a))) in the State of Kansas.

3 (d) TERMS.—

4 (1) IN GENERAL.—Each member of the Advi5 sory Committee shall be appointed to serve for a

6 term of 3 years, except that the initial members

7 shall be appointed as follows:

8 (A) Three members shall be appointed, one

9 each from paragraphs (1), (2), and (3) of sub10 section (c), to serve for a term of 3 years.

11 (B) Four members shall be appointed, one

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

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

14 (C) Four members shall be appointed, one

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

16 subsection (c), to serve for a term of 5 years.

17 (2) REAPPOINTMENT.—Each member may be

18 reappointed to serve for a subsequent term.

19 (3) EXPIRATION.—Each member shall continue

20 to serve after the expiration of the term of the mem21 ber until a successor is appointed.

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

23 Committee shall be filled in the same manner as an

24 original appointment is made. The member ap-
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1 pointed to fill the vacancy shall serve until the expi2 ration of the term in which the vacancy occurred.

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

4 of the members who is a representative from the Trust

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

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

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

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

9 locations and in such manner as to ensure adequate oppor10 tunity for public involvement. In compliance with the re11 quirements of the Federal Advisory Committee Act (5

12 U.S.C. App.), the Advisory Committee shall choose an ap13 propriate means of providing interested members of the

14 public advance notice of scheduled meetings.

15 (g) QUORUM.—A majority of the members of the Ad16 visory Committee shall constitute a quorum.

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

18 Committee shall serve without compensation, except that

19 while engaged in official business of the Advisory Commit20 tee, the member shall be entitled to travel expenses, in21 cluding per diem in lieu of subsistence in the same manner

22 as persons employed intermittently in Government service

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

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

25 14(b) of the Federal Advisory Committee Act (5 U.S.C.
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1 App.) are hereby waived with respect to the Advisory Com2 mittee.

3 SEC. 8. RESTRICTION ON AUTHORITY.

4 Nothing in this Act shall give the Secretary authority

5 to regulate lands outside the boundaries of the Preserve.

6 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

7 There are authorized to be appropriated to the De8 partment of the Interior such sums as may be necessary

9 to carry out this Act.

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