H. R. 4236—112
SEC. 902. ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE
CORRIDOR.
The Illinois and Michigan Canal National Heritage Corridor
Act of 1984 (Public Law 98–398; 16 U.S.C. 461 note) is amended
by inserting after section 117 the following new section:
‘‘SEC. 118. STUDY OF POSSIBLE ADDITIONS TO CORRIDOR.
‘‘The Commission shall undertake a study to determine whether
the Joliet Army Ammunition Plant and the Calumet-Sag and
Chicago Sanitary and Ship Canals should be added to the corridor.
The study shall specifically examine the relationship between the
purposes of this Act and the areas proposed for study and shall
identify any specific resources which are related to the purposes
for which the corridor was established. The study shall propose
boundaries which provide for the inclusion of any related resources
within the corridor. The Commission shall submit the study to
the Secretary and the appropriate congressional committees. Upon
receipt of the study, the Secretary shall determine which lands
(if any) should be added to the corridor and shall so notify the
appropriate congressional committees.’’.
TITLE X—MISCELLANEOUS
Subtitle A—Tallgrass Prairie National
Preserve
SEC. 1001. SHORT TITLE.
This subtitle may be cited as the ‘‘Tallgrass Prairie National
Preserve Act of 1996’’.
SEC. 1002. 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 the subtitle; 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,
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natural and historic objects, and wildlife unimpaired
for the enjoyment of future generations.
(b) PURPOSES.—The purposes of this subtitle 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. 1003. DEFINITIONS.
In this subtitle:
(1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’
means the Advisory Committee established under section 1007.
(2) PRESERVE.—The term ‘‘Preserve’’ means the Tallgrass
Prairie National Preserve established by section 1004.
(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. 1004. 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. 1005. ADMINISTRATION OF NATIONAL PRESERVE.
(a) IN GENERAL.—The Secretary shall administer the Preserve
in accordance with this subtitle, 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
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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 subtitle 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 sub-
section, 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 Secretary’s administration of the Pre-
serve 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 provi-
sion 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 connec-
tion with the operation of the Preserve under the agree-
ment:
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 admis-
sion fees under section 4 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l–6a).
(f) AGREEMENT AND DONATIONS.—
(1) AGREEMENTS.—The Secretary may expend Federal
funds for the cooperative management of private property
within the Preserve for research, resource management (includ-
ing 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 subtitle.
(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
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Energy and Natural Resources of the Senate and the Committee
on Resources of the House of Representatives a general manage-
ment 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, 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 tall grass 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 1004(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 1004(b)).
(4) HUNTING AND FISHING.—The Secretary may allow hunt-
ing 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 dona-
tions, and other forms of non-Federal funding.