[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2412 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2412
To provide for the establishment of the Tallgrass Prairie National
Preserve in Kansas, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 19 (legislative day, August 18), 1994
Mrs. Kassebaum (for herself and Mr. Dole) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide for the establishment of the Tallgrass Prairie National
Preserve in 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 1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(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) 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 Historic Places pursuant to
section 101 of the National Historic Preservation Act
(16 U.S.C. 470a) which 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.
(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 manner, and by such means, as will
leave such scenery, natural and historic
objects, and wildlife unimpaired for the
enjoyment of future generations.
(b) Purposes.--The purposes of this Act are as follows:
(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.
(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 ``Advisory Committee''
means the Advisory Committee established under section 7.
(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 National Park
Trust, Inc. (which is a District of Columbia nonprofit
corporation), or any successor-in-interest, subsidiary,
affiliate, trustee, or legal representative of the National
Park Trust, Inc. that possesses 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 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 hereby established the Tallgrass Prairie
National Preserve.
(b) Description.--The Preserve shall consist of the lands, waters,
and interests therein, 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 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 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.--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 within the boundaries of the
Preserve.
(c) Facilities.--For purposes of carrying out the duties of the
Secretary under this Act relating to the Preserve, the Secretary may--
(1) 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; and
(2) maintain and operate programs in connection with the
Preserve with the consent of the landowners.
(d) Liability.--
(1) Landowners.--Notwithstanding any other provision of
law, no person who owns any land or interest 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 officer, employee, or
agent of the Secretary; or
(B) such liability would arise solely by reason of
the ownership by the defendant of such land or interest
in land and such injury or damages are not proximately
caused by the wanton or willful misconduct of the
defendant.
(2) Liability of united states and officers and employees
of the united states.--(A) Nothing in this subsection or in any
other provision of this Act may be construed to exempt the
Federal Government, or any officer or employee of the Federal
Government, from any liability for any act or omission 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 any act or omission of any other person or entity
for any act or omission of such other person or entity for
which the Federal Government, or such officer or employee, as
the case may be, would otherwise not be liable under any
applicable provision of law.
(e) Fees.--Notwithstanding any other provision of law, the Preserve
shall be considered a designated unit of the National Park System,
including for the purposes of charging 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 management of private
property within the Preserve for research, resource management,
and visitor protection and use. The Secretary may enter into
cooperative agreements with public or private agencies,
organizations, and institutions to further the purposes of this
Act (as specified in section 2(b)).
(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
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 termination date of the
third full fiscal year beginning after the date of
establishment of the Preserve, the Secretary shall prepare and
submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural 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 established under
section 8; and
(B) adjacent landowners, appropriate officials of
nearby communities, and other interested parties.
(3) Content of plan.--The general management 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 natural resources of the
ranch, lands of adjoining landowners, 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 adjacent landowners
regarding the maintenance of such fences shall be
resolved by the county commissioners for the county in
which the disputed area of fence is located.
(E) Provisions requiring the Secretary to comply
with applicable State noxious weed, pesticide, and
animal health laws.
(F) Provisions requiring compliance with applicable
Federal and State water laws and waste disposal laws
(including regulations).
(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)).
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) Payments in Lieu of Taxes.--For the purposes of payments made
pursuant to chapter 69 of title 31, United States Code, the real
property described in subsection (a)(1) shall be deemed to have been
acquired for the purposes specified in section 6904(a) of such title
31.
(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 such
duties, the Advisory Committee shall provide timely advice to the
Secretary and the 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 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) One member shall represent the State of Kansas or a
political subdivision of the State.
(5) One member shall represent 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) Three members shall be appointed, one each from
paragraphs (1), (2), and (3) 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) Four members shall be appointed, one each from
paragraphs (1), (2), (3), and (5) of subsection (c), to
serve for a term of 5 years.
(2) Reappointment.--Each member may be reappointed to serve
for 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 Secretary shall appoint one of the members
who is a representative from the Trust appointed under subsection
(c)(1) 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 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.) are hereby waived with
respect to the Advisory Committee.
SEC. 8. RESTRICTION ON AUTHORITY.
Nothing in this Act shall give the Secretary authority to regulate
lands outside the boundaries of the Preserve.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of the
Interior such sums as may be necessary to carry out this Act.
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