I
103D CONGRESS
2D SESSION
H. R. 5000
To provide for the establishment of the Tallgrass Prairie National Preserve
in Kansas.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 19, 1994
Mr. GLICKMAN (for himself, Mr. ROBERTS, Mr. SLATTERY, and Mrs. MEYERS
of Kansas) introduced the following bill; which was referred to the Com-
mittee on Natural Resources
A BILL
To provide for the establishment of the Tallgrass Prairie
National Preserve in Kansas.
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 1994’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) Of the 400,000 square miles of tallgrass
prairie that once covered the North American Con-
tinent, less than 1 percent remains, mainly 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) Such 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 which represent outstanding exam-
ples of Second Empire and other 19th Century
architectural styles; and
(B) is suitable and feasible as a potential
addition to the National Park System.
(4) The National Park Trust, which owns the
Spring Hill Ranch, has agreed to allow the National
Park Service—
(A) to purchase a portion of the ranch, as
specified in this Act; and
(B) to manage the Spring Hill Ranch in
order to—
(i) conserve the scenery, the natural
and historic objects, and the wildlife of the
ranch; and
(ii) provide for the enjoyment of the
ranch in such manner and by such means
as will leave such scenery, the natural and
historic objects, and wildlife unimpaired
for the enjoyment of future generations.
(b) PURPOSES.—The purposes of this Act are as fol-
lows:
(1) To preserve, protect, and interpret for the
public an example of the tallgrass prairie ecosystem
on the Spring Hill Ranch, located in the Flint Hills
of Kansas.
(2) To preserve and interpret for the public the
historic and cultural values represented on the
Spring Hill Ranch.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the Advisory Committee es-
tablished under section 8.
(2) PRESERVE.—The term ‘‘Preserve’’ means
the Tallgrass Prairie National Preserve established
under 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. (which is a District of Co-
lumbia nonprofit corporation), or any successor-in-
interest, subsidiary, affiliate, trustee or legal rep-
resentative of National Park Trust, Inc. that pos-
sesses legal or equitable ownership or management
rights with respect to land and improvements on
land that constitutes any portion of the Preserve.
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 the present and future generations,
there is hereby established the Tallgrass Prairie National
Preserve.
(b) DESCRIPTION.—The Preserve shall consist of the
lands, waters, and interests therein, including approxi-
mately 10,894 acres, generally depicted on the map enti-
tled ‘‘Boundary Map, Flint Hills Prairie National Monu-
ment’’ 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 Register of Deeds Office in
Chase County, Kansas, and recorded in Book L–106 at
page 328 through 339, inclusive. In the case of any dif-
ference between such map and legal description, such legal
description shall govern. 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
agreement 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 (39 Stat. 535; 16 U.S.C. 1
through 4) and the Act of August 21, 1935 (49 Stat. 666;
16 U.S.C. 461 through 467).
(b) APPLICATION
OF REGULATIONS.—The regula-
tions issued by the Secretary concerning the National
Park Service that provide for the proper use, management,
and protection of person, property, and natural and cul-
tural resources shall apply within the boundaries of the
Preserve.
(c) FACILITIES.—For purposes of the Preserve, the
Secretary may—
(1) directly or by contract, construct, recon-
struct, rehabilitate, or develop essential buildings,
structures, and related facilities including roads,
trails, and other interpretive facilities on real prop-
erty that is not owned by the Federal Government
and is located within the Preserve, with the approval
of the landowner; and
(2) maintain and operate programs in connec-
tion with the Preserve with the consent of the land-
owner.
(d) LIABILITY.—
(1) LANDOWNERS.—Notwithstanding any other
provision of law, no person who owns any land or in-
terest in land within the Preserve shall be liable for
injury to, or damages suffered by, any other person
if—
(A) such injury or damages result from
any act or omission of the Secretary or any offi-
cer, employee, or agent of the Secretary; or
(B) such liability would arise solely by rea-
son of the ownership by the defendant of such
land or interest in land and such injury or dam-
ages are not proximately caused by the wanton
or willful misconduct of the defendant.
(2) LIABILITY OF UNITED STATES AND OFFI-
CERS AND EMPLOYEES OF THE UNITED STATES.—
(A) Nothing in this subsection or in any other provi-
sion of this Act may be construed to exempt the
Federal Government, or any officer or employee of
the Federal Government, from any liability for acts
or omissions for which the Federal Government, or
such officer or employee, as the case may be, would
otherwise be liable under any applicable provision of
law.
(B) Nothing in this subsection or in any other
provision of this Act may be construed to impose on
the Federal Government, or any officer or employee
of the Federal Government, any liability for acts or
omissions of any other person or entity for acts or
omissions of such other person or entity for which
the Federal Government, or such officer or em-
ployee, as the case may be, would otherwise not be
liable under any applicable provision of law.
(e) FEES.—The Preserve shall be considered a des-
ignated unit of the National Park System, including for
purposes of 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 is authorized
to expend Federal funds for the cooperative manage-
ment of private property within the Preserve for re-
search, resources management, and visitor protection
and use. The Secretary may enter into cooperative
agreements with public or private agencies, organiza-
tions, and institutions to further the purposes of this
Act.
(2) DONATIONS.—Notwithstanding any other
provision of law, the Secretary may solicit, 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 termi-
nation date of the third full fiscal year beginning
after the date of establishment of the Preserve, the
Secretary shall prepare and submit to the Commit-
tee on Natural Resources of the House of Represent-
atives and the Committee on Energy and Natural
Resources of the Senate 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 established
under section 8; and
(B) adjacent landowners, appropriate offi-
cials of nearby communities, and other inter-
ested parties.
(3) CONTENT OF PLAN.—The general manage-
ment plan shall provide for the following:
(A) 
Maintaining 
and 
enhancing 
the
tallgrass prairie ecosystem.
(B) Public access and enjoyment of the
property that is consistent with protection and
management of the historical, cultural, and nat-
ural resources of the ranch and surrounding
communities.
(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 maintenance
of adequate fences to contain domestic and wild
animals within the boundaries of the Preserve
and provisions requiring that disputes with ad-
jacent landowners regarding maintenance of
such fences shall be resolved by the county com-
missioners for the county in which the disputed
area of fence is located.
(E) Provisions requiring the Secretary to
comply with State noxious weed, pesticide, and
animal health laws.
(F) Provisions requiring compliance with
Federal and State water laws and waste laws
and regulations.
(G) The Secretary shall honor all existing
oil and gas and grazing leases.
SEC. 6. LIMITED AUTHORITY TO ACQUIRE.
(a) IN GENERAL.—The Secretary is authorized and
directed to acquire, by donation or purchase with donated
or appropriated funds, at fair market value—
(1) not more than 180 acres of real property
within the boundaries of the Preserve (as described
in section 4(b)) and the improvements thereon, and
(2) rights-of-way on roads that are not owned
by the State of Kansas within the boundaries of the
Preserve.
(b) 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 Director of the National Park Service
concerning the development, management, and interpreta-
tion of the Preserve. In carrying out such duties, the Advi-
sory Committee shall provide timely advice to the Sec-
retary and Director during the preparation of the general
management plan required by section 5(g).
(c) MEMBERSHIP.—The Advisory Committee shall
consist of the following 11 members, who shall be ap-
pointed 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 agricul-
tural interests.
(3) Three members shall be representatives of
conservation or historic preservation interests.