[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1449 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1449

  To provide for the establishment of the Tallgrass Prairie National 
              Preserve in Kansas, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 1995

  Mr. Roberts (for himself and Mrs. Meyers of Kansas) introduced the 
    following bill; which was referred to the Committee on 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 1995''.

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, 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 or legal description, the Secretary is directed to make such 
minor changes. 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.--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, 
with the consent of the landowner--
            (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.
    (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 who is injured or damaged while upon the land 
        within the Preserve 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 
        (including pest control and noxious weed control, fire 
        protection, and the restoration of buildings), and visitor 
        protection and use. The Secretary may enter into one or more 
        cooperative agreements with public or private agencies, 
        organizations, and institutions to further the purposes of this 
        Act (as specified in section 2(b)), including entering into a 
        memorandum of understanding with the appropriate official of 
        the county in which the Preserve is located to provide for such 
        services as law enforcement and emergency services.
            (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 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 7; 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 
                ecosystem 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, 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 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 
                Federal and State water laws and 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)).

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 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) Three members, who shall be appointed as follows:
                    (A) One member shall be selected from a list of 
                nominations submitted to the Secretary by the Chase 
                County Commission in the State of Kansas.
                    (B) One member shall be selected from a list of 
                nominations jointly submitted to the Secretary by 
                appropriate officials of Strong City, Kansas, and 
                Cottonwood Falls, Kansas.
                    (C) One member shall be selected from a list of 
                nominations submitted to the Secretary 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 
        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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