I

104TH CONGRESS

2D SESSION H. R. 4043

To establish the Tallgrass Prairie National Preserve in the State of Kansas,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 10, 1996

Mr. ROBERTS introduced the following bill; which was referred to the

Committee on Resources

A BILL

To establish the Tallgrass Prairie National Preserve in the

State of 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 1996’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—

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) the 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) that 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; and

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 a manner and by such

6 means as will leave the scenery, natural

7 and historic objects, and wildlife

8 unimpaired for the enjoyment of future

9 generations.

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

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; and

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 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 by 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., a District of Columbia non5 profit corporation, or any successor-in-interest.

6 SEC. 4. ESTABLISHMENT OF TALLGRASS PRAIRIE NA7 TIONAL PRESERVE.

8 (a) IN GENERAL.—In order to provide for the preser9 vation, restoration, and interpretation of the Spring Hill

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

11 and enjoyment of present and future generations, there

12 is established the Tallgrass Prairie National Preserve.

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

14 lands and interests in land, including approximately

15 10,894 acres, generally depicted on the map entitled

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

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

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

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

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

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

22 difference between the map and the legal description, the

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

24 of a survey, the Secretary determines that there is a dis25 crepancy with respect to the boundary of the Preserve that
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1 may be corrected by making minor changes to the map,

2 the Secretary shall make changes to the map as appro3 priate, and the boundaries of the Preserve shall be ad4 justed accordingly. The map shall be on file and available

5 for public inspection in the appropriate offices of the Na6 tional Park Service of the Department of the Interior.

7 SEC. 5. ADMINISTRATION OF NATIONAL PRESERVE.

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

9 the Preserve in accordance with this Act, the cooperative

10 agreements described in subsection (f)(1), and the provi11 sions of law generally applicable to units of the National

12 Park System, including the Act entitled ‘‘An Act to estab13 lish a National Park Service, and for other purposes’’, ap14 proved August 25, 1916 (16 U.S.C. 1, 2 through 4) and

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

16 et seq.).

17 (b) APPLICATION OF REGULATIONS.—With the con18 sent of a private owner of land within the boundaries of

19 the Preserve, the regulations issued by the Secretary con20 cerning the National Park Service that provide for the

21 proper use, management, and protection of persons, prop22 erty, and natural and cultural resources shall apply to the

23 private land.

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

25 duties of the Secretary under this Act relating to the Pre-
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1 serve, the Secretary may, with the consent of a landowner,

2 directly or by contract, construct, reconstruct, rehabilitate,

3 or develop essential buildings, structures, and related fa4 cilities including roads, trails, and other interpretive facili5 ties on real property that is not owned by the Federal Gov6 ernment and is located within the Preserve.

7 (d) LIABILITY.—

8 (1) LIABILITY OF THE UNITED STATES AND ITS

9 OFFICERS AND EMPLOYEES.—Except as otherwise

10 provided in this subsection, the liability of the Unit11 ed States is subject to the terms and conditions of

12 the Federal Tort Claims Act, as amended, 28 U.S.C.

13 2671 et seq., with respect to the claims arising by

14 virtue of the Secretaries administration of the Pre15 serve pursuant to this Act.

16 (2) LIABILITY OF LANDOWNERS.—

17 (A) The Secretary of the Interior is au18 thorized, under such terms and conditions as he

19 deems appropriate, to include in any coopera20 tive agreement entered into in accordance with

21 subsection (f)(1) an indemnification provision

22 by which the United States agrees to hold

23 harmless, defend and indemnify the landowner

24 in full from and against any suit, claim, de25 mand or action, liability, judgment, cost or
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1 other fee arising out of any claim of personal

2 injury or property damage that occurs in con3 nection with the operation of the Preserve

4 under the agreement: Provided however, That

5 indemnification shall not exceed $3 million per

6 claimant per occurrence.

7 (B) The indemnification provision author8 ized by subparagraph (A) shall not include

9 claims for personal injury or property damage

10 proximately caused by the wanton or willful

11 misconduct of the landowner.

12 (e) UNIT OF THE NATIONAL PARK SYSTEM.—The

13 Preserve shall be a unit of the National Park System for

14 all purposes, including the purpose of exercising authority

15 to charge entrance and admission fees under section 4 of

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

17 U.S.C. 460l–6a).

18 (f) AGREEMENTS AND DONATIONS.—

19 (1) AGREEMENTS.—The Secretary may expend

20 Federal funds for the cooperative management of

21 private property within the Preserve for research, re22 source management (including pest control and nox23 ious weed control, fire protection, and the restora24 tion of buildings), and visitor protection and use.
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1 (2) DONATIONS.—The Secretary may accept,

2 retain, and expend donations of funds, property

3 (other than real property), or services from individ4 uals, foundations, corporations, or public entities for

5 the purposes of providing programs, services, facili6 ties, or technical assistance that further the pur7 poses of this Act.

8 (g) GENERAL MANAGEMENT PLAN.—

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

10 the third full fiscal year beginning after the date of

11 enactment of this Act, the Secretary shall prepare

12 and submit to the Committee on Energy and Natu13 ral Resources of the Senate and the Committee on

14 Resources of the House of Representatives a general

15 management plan for the 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; and

23 (B) adjacent landowners, appropriate offi24 cials of nearby communities, the Kansas De25 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 within the boundaries of the

7 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 (C) Interpretive and educational programs

13 covering the natural history of the prairie, the

14 cultural history of Native Americans, and the

15 legacy of ranching in the Flint Hills region.

16 (D) Provisions requiring the application of

17 applicable State law concerning the mainte18 nance of adequate fences within the boundaries

19 of the Preserve. In any case in which an activ20 ity of the National Park Service requires fences

21 that exceed the legal fence standard otherwise

22 applicable to the Preserve, the National Park

23 Service shall pay the additional cost of con24 structing and maintaining the fences to meet

25 the applicable requirements for that activity.
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1 (E) Provisions requiring the Secretary to

2 comply with applicable State noxious weed, pes3 ticide, and animal health laws.

4 (F) Provisions requiring compliance with

5 applicable State water laws and Federal and

6 State waste disposal laws (including regula7 tions) and any other applicable law.

8 (G) Provisions requiring the Secretary to

9 honor each valid existing oil and gas lease for

10 lands within the boundaries of the Preserve (as

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

12 the date of enactment of this Act.

13 (H) Provisions requiring the Secretary to

14 offer to enter into an agreement with each indi15 vidual who, as of the date of enactment of this

16 Act, holds rights for cattle grazing within the

17 boundaries of the Preserve (as described in sec18 tion 4(b)).

19 (4) HUNTING AND FISHING.—The Secretary

20 may allow hunting and fishing on Federal lands

21 within the Preserve.

22 (5) FINANCIAL ANALYSIS.—As part of the de23 velopment of the general management plan, the Sec24 retary shall prepare a financial analysis indicating

25 how the management of the Preserve may be fully
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1 supported through fees, private donations, and other

2 forms of non-Federal funding.

3 SEC. 6. LIMITED AUTHORITY TO ACQUIRE.

4 (a) IN GENERAL.—The Secretary shall acquire, by

5 donation, not more than 180 acres of real property within

6 the boundaries of the Preserve (as described in section

7 4(b)) and the improvements on the real property.

8 (b) PAYMENTS IN LIEU OF TAXES.—For the pur9 poses of payments made under chapter 69 of title 31,

10 United States Code, the real property described in sub11 section (a) shall be deemed to have been acquired for the

12 purposes specified in section 6904(a) of that title.

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 those duties,
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1 the Advisory Committee shall provide timely advice to the

2 Secretary and the Director during the preparation of the

3 general management plan under section 5(g).

4 (c) MEMBERSHIP.—The Advisory Committee shall

5 consist of 13 members, who shall be appointed by the Sec6 retary 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)(A) One member shall be selected from a list

15 of persons recommended by the Chase County Com16 mission in the State of Kansas.

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

18 persons recommended by appropriate officials of

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

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

21 persons recommended by the Governor of the State

22 of Kansas.

23 (5) One member shall be a range management

24 specialist representing institutions of higher edu25 cation (as defined in section 1201(a) of the Higher
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1 Education Act of 1965 (20 U.S.C. 1141(a))) in the

2 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) Four members shall be appointed, one

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

10 subsection (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) Five members shall be appointed, one

15 each from paragraphs (1) through (5) of sub16 section (c), to serve for a term of 5 years.

17 (2) REAPPOINTMENT.—Each member may be

18 reappointed to serve 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 members of the Advisory

4 Committee shall select 1 of the members to serve as Chair5 person.

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 a manner as to ensure adequate op10 portunity for public involvement. In compliance with the

11 requirements 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.
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1 (i) CHARTER.—The rechartering provisions of section

2 14(b) of the Federal Advisory Committee Act (5 U.S.C.

3 App.) shall not apply to the Advisory Committee.

4 SEC. 8. RESTRICTION ON AUTHORITY.

5 Nothing in this Act shall give the Secretary authority

6 to regulate lands outside the land area acquired by the

7 Secretary under section 6(a).

8 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

9 There are authorized to be appropriated to the De10 partment of the Interior such sums as are necessary to

11 carry out this Act.

Æ