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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4043 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tallgrass Prairie National Preserve 
Act of 1996''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) of the 400,000 square miles of tallgrass prairie that 
        once covered the North American Continent, less than 1 percent 
        remains, primarily in the Flint Hills of Kansas;
            (2) in 1991, the National Park Service conducted a special 
        resource study of the Spring Hill Ranch, located in the Flint 
        Hills of Kansas;
            (3) the study concludes that the Spring Hill Ranch--
                    (A) is a nationally significant example of the once 
                vast tallgrass ecosystem, and includes buildings listed 
                on the National Register of Historic Places pursuant to 
                section 101 of the National Historic Preservation Act 
                (16 U.S.C. 470a) that represent outstanding examples of 
                Second Empire and other 19th Century architectural 
                styles; and
                    (B) is suitable and feasible as a potential 
                addition to the National Park System; and
            (4) the National Park Trust, which owns the Spring Hill 
        Ranch, has agreed to permit the National Park Service--
                    (A) to purchase a portion of the ranch, as 
                specified in this Act; and
                    (B) to manage the ranch in order to--
                            (i) conserve the scenery, natural and 
                        historic objects, and wildlife of the ranch; 
                        and
                            (ii) provide for the enjoyment of the ranch 
                        in such a manner and by such means as will 
                        leave the scenery, natural and historic 
                        objects, and wildlife unimpaired for the 
                        enjoyment of future generations.
    (b) Purposes.--The purposes of this Act are--
            (1) to preserve, protect, and interpret for the public an 
        example of a tallgrass prairie ecosystem on the Spring Hill 
        Ranch, located in the Flint Hills of Kansas; and
            (2) to preserve and interpret for the public the historic 
        and cultural values represented on the Spring Hill Ranch.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Advisory Committee established under section 7.
            (2) Preserve.--The term ``Preserve'' means the Tallgrass 
        Prairie National Preserve established by section 4.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Trust.--The term ``Trust'' means the National Park 
        Trust, Inc., a District of Columbia nonprofit corporation, or 
        any successor-in-interest.

SEC. 4. ESTABLISHMENT OF TALLGRASS PRAIRIE NATIONAL PRESERVE.

    (a) In General.--In order to provide for the preservation, 
restoration, and interpretation of the Spring Hill Ranch area of the 
Flint Hills of Kansas, for the benefit and enjoyment of present and 
future generations, there is established the Tallgrass Prairie National 
Preserve.
    (b) Description.--The Preserve shall consist of the lands and 
interests in land, including approximately 10,894 acres, generally 
depicted on the map entitled ``Boundary Map, Flint Hills Prairie 
National Monument'' numbered NM-TGP 80,000 and dated June 1994, more 
particularly described in the deed filed at 8:22 a.m. of June 3, 1994, 
with the Office of the Register of Deeds in Chase County, Kansas, and 
recorded in Book L-106 at pages 328 through 339, inclusive. In the case 
of any difference between the map and the legal description, the legal 
description shall govern, except that if, as a result of a survey, the 
Secretary determines that there is a discrepancy with respect to the 
boundary of the Preserve that may be corrected by making minor changes 
to the map, the Secretary shall make changes to the map as appropriate, 
and the boundaries of the Preserve shall be adjusted accordingly. The 
map shall be on file and available for public inspection in the 
appropriate offices of the National Park Service of the Department of 
the Interior.

SEC. 5. ADMINISTRATION OF NATIONAL PRESERVE.

    (a) In General.--The Secretary shall administer the Preserve in 
accordance with this Act, the cooperative agreements described in 
subsection (f)(1), and the provisions of law generally applicable to 
units of the National Park System, including the Act entitled ``An Act 
to establish a National Park Service, and for other purposes'', 
approved August 25, 1916 (16 U.S.C. 1, 2 through 4) and the Act of 
August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.).
    (b) Application of Regulations.--With the consent of a private 
owner of land within the boundaries of the Preserve, the regulations 
issued by the Secretary concerning the National Park Service that 
provide for the proper use, management, and protection of persons, 
property, and natural and cultural resources shall apply to the private 
land.
    (c) Facilities.--For purposes of carrying out the duties of the 
Secretary under this Act relating to the Preserve, the Secretary may, 
with the consent of a landowner, directly or by contract, construct, 
reconstruct, rehabilitate, or develop essential buildings, structures, 
and related facilities including roads, trails, and other interpretive 
facilities on real property that is not owned by the Federal Government 
and is located within the Preserve.
    (d) Liability.--
            (1) Liability of the united states and its officers and 
        employees.--Except as otherwise provided in this subsection, 
        the liability of the United States is subject to the terms and 
        conditions of the Federal Tort Claims Act, as amended, 28 
        U.S.C. 2671 et seq., with respect to the claims arising by 
        virtue of the Secretaries administration of the Preserve 
        pursuant to this Act.
            (2) Liability of landowners.--
                    (A) The Secretary of the Interior is authorized, 
                under such terms and conditions as he deems 
                appropriate, to include in any cooperative agreement 
                entered into in accordance with subsection (f)(1) an 
                indemnification provision by which the United States 
                agrees to hold harmless, defend and indemnify the 
                landowner in full from and against any suit, claim, 
                demand or action, liability, judgment, cost or other 
                fee arising out of any claim of personal injury or 
                property damage that occurs in connection with the 
                operation of the Preserve under the agreement: Provided 
                however, That indemnification shall not exceed $3 
                million per claimant per occurrence.
                    (B) The indemnification provision authorized by 
                subparagraph (A) shall not include claims for personal 
                injury or property damage proximately caused by the 
                wanton or willful misconduct of the landowner.
    (e) Unit of the National Park System.--The Preserve shall be a unit 
of the National Park System for all purposes, including the purpose of 
exercising authority to charge entrance and admission fees under 
section 4 of the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 460l-6a).
    (f) Agreements and Donations.--
            (1) Agreements.--The Secretary may expend Federal funds for 
        the cooperative management of private property within the 
        Preserve for research, resource management (including pest 
        control and noxious weed control, fire protection, and the 
        restoration of buildings), and visitor protection and use.
            (2) Donations.--The Secretary may accept, retain, and 
        expend donations of funds, property (other than real property), 
        or services from individuals, foundations, corporations, or 
        public entities for the purposes of providing programs, 
        services, facilities, or technical assistance that further the 
        purposes of this Act.
    (g) General Management Plan.--
            (1) In general.--Not later than the end of the third full 
        fiscal year beginning after the date of enactment of this Act, 
        the Secretary shall prepare and submit to the Committee on 
        Energy and Natural Resources of the Senate and the Committee on 
        Resources of the House of Representatives a general management 
        plan for the Preserve.
            (2) Consultation.--In preparing the general management 
        plan, the Secretary, acting through the Director of the 
        National Park Service, shall consult with--
                    (A)(i) appropriate officials of the Trust; and
                    (ii) the Advisory Committee; and
                    (B) adjacent landowners, appropriate officials of 
                nearby communities, the Kansas Department of Wildlife 
                and Parks, and the Kansas Historical Society, and other 
                interested parties.
            (3) Content of plan.--The general management plan shall 
        provide for the following:
                    (A) Maintaining and enhancing the tallgrass prairie 
                within the boundaries of the Preserve.
                    (B) Public access and enjoyment of the property 
                that is consistent with the conservation and proper 
                management of the historical, cultural, and natural 
                resources of the ranch.
                    (C) Interpretive and educational programs covering 
                the natural history of the prairie, the cultural 
                history of Native Americans, and the legacy of ranching 
                in the Flint Hills region.
                    (D) Provisions requiring the application of 
                applicable State law concerning the maintenance of 
                adequate fences within the boundaries of the Preserve. 
                In any case in which an activity of the National Park 
                Service requires fences that exceed the legal fence 
                standard otherwise applicable to the Preserve, the 
                National Park Service shall pay the additional cost of 
                constructing and maintaining the fences to meet the 
                applicable requirements for that activity.
                    (E) Provisions requiring the Secretary to comply 
                with applicable State noxious weed, pesticide, and 
                animal health laws.
                    (F) Provisions requiring compliance with applicable 
                State water laws and Federal and State waste disposal 
                laws (including regulations) and any other applicable 
                law.
                    (G) Provisions requiring the Secretary to honor 
                each valid existing oil and gas lease for lands within 
                the boundaries of the Preserve (as described in section 
                4(b)) that is in effect on the date of enactment of 
                this Act.
                    (H) Provisions requiring the Secretary to offer to 
                enter into an agreement with each individual who, as of 
                the date of enactment of this Act, holds rights for 
                cattle grazing within the boundaries of the Preserve 
                (as described in section 4(b)).
            (4) Hunting and fishing.--The Secretary may allow hunting 
        and fishing on Federal lands within the Preserve.
            (5) Financial analysis.--As part of the development of the 
        general management plan, the Secretary shall prepare a 
        financial analysis indicating how the management of the 
        Preserve may be fully supported through fees, private 
        donations, and other forms of non-Federal funding.

SEC. 6. LIMITED AUTHORITY TO ACQUIRE.

    (a) In General.--The Secretary shall acquire, by donation, not more 
than 180 acres of real property within the boundaries of the Preserve 
(as described in section 4(b)) and the improvements on the real 
property.
    (b) Payments in Lieu of Taxes.--For the purposes of payments made 
under chapter 69 of title 31, United States Code, the real property 
described in subsection (a) shall be deemed to have been acquired for 
the purposes specified in section 6904(a) of that title.
    (c) Prohibitions.--No property may be acquired under this section 
without the consent of the owner of the property. The United States may 
not acquire fee ownership of any lands within the Preserve other than 
lands described in this section.

SEC. 7. ADVISORY COMMITTEE.

    (a) Establishment.--There is established an advisory committee to 
be known as the ``Tallgrass Prairie National Preserve Advisory 
Committee''.
    (b) Duties.--The Advisory Committee shall advise the Secretary and 
the Director of the National Park Service concerning the development, 
management, and interpretation of the Preserve. In carrying out those 
duties, the Advisory Committee shall provide timely advice to the 
Secretary and the Director during the preparation of the general 
management plan under section 5(g).
    (c) Membership.--The Advisory Committee shall consist of 13 
members, who shall be appointed by the Secretary as follows:
            (1) Three members shall be representatives of the Trust.
            (2) Three members shall be representatives of local 
        landowners, cattle ranchers, or other agricultural interests.
            (3) Three members shall be representatives of conservation 
        or historic preservation interests.
            (4)(A) One member shall be selected from a list of persons 
        recommended by the Chase County Commission in the State of 
        Kansas.
            (B) One member shall be selected from a list of persons 
        recommended by appropriate officials of Strong City, Kansas, 
        and Cottonwood Falls, Kansas.
            (C) One member shall be selected from a list of persons 
        recommended by the Governor of the State of Kansas.
            (5) One member shall be a range management specialist 
        representing institutions of higher education (as defined in 
        section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1141(a))) in the State of Kansas.
    (d) Terms.--
            (1) In general.--Each member of the Advisory Committee 
        shall be appointed to serve for a term of 3 years, except that 
        the initial members shall be appointed as follows:
                    (A) Four members shall be appointed, one each from 
                paragraphs (1), (2), (3), and (4) of subsection (c), to 
                serve for a term of 3 years.
                    (B) Four members shall be appointed, one each from 
                paragraphs (1), (2), (3), and (4) of subsection (c), to 
                serve for a term of 4 years.
                    (C) Five members shall be appointed, one each from 
                paragraphs (1) through (5) of subsection (c), to serve 
                for a term of 5 years.
            (2) Reappointment.--Each member may be reappointed to serve 
        a subsequent term.
            (3) Expiration.--Each member shall continue to serve after 
        the expiration of the term of the member until a successor is 
        appointed.
            (4) Vacancies.--A vacancy on the Advisory Committee shall 
        be filled in the same manner as an original appointment is 
        made. The member appointed to fill the vacancy shall serve 
        until the expiration of the term in which the vacancy occurred.
    (e) Chairperson.--The members of the Advisory Committee shall 
select 1 of the members to serve as Chairperson.
    (f) Meetings.--Meetings of the Advisory Committee shall be held at 
the call of the Chairperson or the majority of the Advisory Committee. 
Meetings shall be held at such locations and in such a manner as to 
ensure adequate opportunity for public involvement. In compliance with 
the requirements of the Federal Advisory Committee Act (5 U.S.C. App.), 
the Advisory Committee shall choose an appropriate means of providing 
interested members of the public advance notice of scheduled meetings.
    (g) Quorum.--A majority of the members of the Advisory Committee 
shall constitute a quorum.
    (h) Compensation.--Each member of the Advisory Committee shall 
serve without compensation, except that while engaged in official 
business of the Advisory Committee, the member shall be entitled to 
travel expenses, including per diem in lieu of subsistence in the same 
manner as persons employed intermittently in Government service under 
section 5703 of title 5, United States Code.
    (i) Charter.--The rechartering provisions of section 14(b) of the 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Advisory Committee.

SEC. 8. RESTRICTION ON AUTHORITY.

    Nothing in this Act shall give the Secretary authority to regulate 
lands outside the land area acquired by the Secretary under section 
6(a).

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Department of the 
Interior such sums as are necessary to carry out this Act.
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