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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Tallgrass Prairie Na-
tional 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 Con-
tinent, less than 1 percent remains, primarily in the
Flint Hills of Kansas;
(2) in 1991, the National Park Service con-
ducted 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 His-
toric Places pursuant to section 101 of the Na-
tional Historic Preservation Act (16 U.S.C.
470a) that represent outstanding examples of
Second Empire and other 19th Century archi-
tectural 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 Na-
tional 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 ‘‘Advi-
sory Committee’’ means the Advisory Committee es-
tablished 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 Na-
tional Park Trust, Inc., a District of Columbia non-
profit corporation, or any successor-in-interest.
SEC. 4. ESTABLISHMENT OF TALLGRASS PRAIRIE NA-
TIONAL PRESERVE.
(a) IN GENERAL.—In order to provide for the preser-
vation, 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 dis-
crepancy 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 appro-
priate, and the boundaries of the Preserve shall be ad-
justed accordingly. The map shall be on file and available
for public inspection in the appropriate offices of the Na-
tional 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 provi-
sions of law generally applicable to units of the National
Park System, including the Act entitled ‘‘An Act to estab-
lish a National Park Service, and for other purposes’’, ap-
proved 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 con-
sent of a private owner of land within the boundaries of
the Preserve, the regulations issued by the Secretary con-
cerning the National Park Service that provide for the
proper use, management, and protection of persons, prop-
erty, 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 Pre-
serve, the Secretary may, with the consent of a landowner,
directly or by contract, construct, reconstruct, rehabilitate,
or develop essential buildings, structures, and related fa-
cilities including roads, trails, and other interpretive facili-
ties on real property that is not owned by the Federal Gov-
ernment 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 Unit-
ed 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 Pre-
serve pursuant to this Act.
(2) LIABILITY OF LANDOWNERS.—
(A) The Secretary of the Interior is au-
thorized, under such terms and conditions as he
deems appropriate, to include in any coopera-
tive 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, de-
mand or action, liability, judgment, cost or
other fee arising out of any claim of personal
injury or property damage that occurs in con-
nection 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 author-
ized 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, re-
source management (including pest control and nox-
ious weed control, fire protection, and the restora-
tion 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 individ-
uals, foundations, corporations, or public entities for
the purposes of providing programs, services, facili-
ties, or technical assistance that further the pur-
poses 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 Natu-
ral 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 offi-
cials of nearby communities, the Kansas De-
partment of Wildlife and Parks, and the Kan-
sas Historical Society, and other interested par-
ties.
(3) CONTENT OF PLAN.—The general manage-
ment 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 conserva-
tion 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 mainte-
nance of adequate fences within the boundaries
of the Preserve. In any case in which an activ-
ity 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 con-
structing and maintaining the fences to meet
the applicable requirements for that activity.
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 pur-
poses of payments made under chapter 69 of title 31,
United States Code, the real property described in sub-
section (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 owner-
ship of any lands within the Preserve other than lands
described in this section.
SEC. 7. ADVISORY COMMITTEE.
(a) ESTABLISHMENT.—There is established an advi-
sory committee to be known as the ‘‘Tallgrass Prairie Na-
tional Preserve Advisory Committee’’.
(b) DUTIES.—The Advisory Committee shall advise
the Secretary and the Director of the National Park Serv-
ice concerning the development, management, and inter-
pretation 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 Sec-
retary as follows:
(1) Three members shall be representatives of
the Trust.
(2) Three members shall be representatives of
local landowners, cattle ranchers, or other agricul-
tural 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 Com-
mission 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 edu-
cation (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 Advi-
sory 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 sub-
section (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 mem-
ber 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 ap-
pointed to fill the vacancy shall serve until the expi-
ration 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 Chair-
person.
(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 op-
portunity 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 ap-
propriate means of providing interested members of the
public advance notice of scheduled meetings.
(g) QUORUM.—A majority of the members of the Ad-
visory 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 Commit-
tee, the member shall be entitled to travel expenses, in-
cluding 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 De-
partment of the Interior such sums as are necessary to
carry out this Act.
Æ