[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 695 Reported in Senate (RS)]





                                                       Calendar No. 600

104th CONGRESS

  2d Session

                                 S. 695

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 16, 1996

                         Read with an amendment





                                                       Calendar No. 600
104th CONGRESS
  2d Session
                                 S. 695

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 6 (legislative day, April 5), 1995

  Mrs. Kassebaum (for herself Mr. Dole, and Mr. Bond) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

                           September 16, 1996

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Tallgrass Prairie National 
Preserve Act of 1995''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) In 1991, the National Park Service conducted a 
        special resource study of the Spring Hill Ranch, located in the 
        Flint Hills of Kansas.</DELETED>
        <DELETED>    (3) Such study concludes that the Spring Hill 
        Ranch--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) is suitable and feasible as a 
                potential addition to the National Park 
                System.</DELETED>
        <DELETED>    (4) The National Park Trust, which owns the Spring 
        Hill Ranch, has agreed to permit the National Park Service--
        </DELETED>
                <DELETED>    (A) to purchase a portion of the ranch, as 
                specified in this Act; and</DELETED>
                <DELETED>    (B) to manage the ranch in order to--
                </DELETED>
                        <DELETED>    (i) conserve the scenery, natural 
                        and historic objects, and wildlife of the 
                        ranch; and</DELETED>
                        <DELETED>    (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.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are as 
follows:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) To preserve and interpret for the public the 
        historic and cultural values represented on the Spring Hill 
        Ranch.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    As used in this Act:</DELETED>
        <DELETED>    (1) Advisory committee.--The term ``Advisory 
        Committee'' means the Advisory Committee established under 
        section 7.</DELETED>
        <DELETED>    (2) Preserve.--The term ``Preserve'' means the 
        Tallgrass Prairie National Preserve established under section 
        4.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. ESTABLISHMENT OF TALLGRASS PRAIRIE NATIONAL 
              PRESERVE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. ADMINISTRATION OF NATIONAL PRESERVE.</DELETED>

<DELETED>    (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.).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) maintain and operate programs in connection 
        with the Preserve.</DELETED>
<DELETED>    (d) Liability.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) such injury or damages result from any 
                act or omission of the Secretary or any officer, 
                employee, or agent of the Secretary; or</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (f) Agreements and Donations.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (g) General Management Plan.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Consultation.--In preparing the general 
        management plan, the Secretary, acting through the Director of 
        the National Park Service, shall consult with--</DELETED>
                <DELETED>    (A)(i) appropriate officials of the Trust; 
                and</DELETED>
                <DELETED>    (ii) the Advisory Committee established 
                under section 7; and</DELETED>
                <DELETED>    (B) adjacent landowners, appropriate 
                officials of nearby communities, the Kansas Department 
                of Wildlife and Parks, and the Kansas Historical 
                Society, and other interested parties.</DELETED>
        <DELETED>    (3) Content of plan.--The general management plan 
        shall provide for the following:</DELETED>
                <DELETED>    (A) Maintaining and enhancing the 
                tallgrass prairie ecosystem within the boundaries of 
                the Preserve.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (E) Provisions requiring the Secretary to 
                comply with applicable State noxious weed, pesticide, 
                and animal health laws.</DELETED>
                <DELETED>    (F) Provisions requiring compliance with 
                applicable Federal and State water laws and waste 
                disposal laws (including regulations) and any other 
                applicable law.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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)).</DELETED>

<DELETED>SEC. 6. LIMITED AUTHORITY TO ACQUIRE.</DELETED>

<DELETED>    (a) In General.--The Secretary is authorized and directed 
to acquire, by donation or purchase with donated or appropriated funds, 
at fair market value--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) rights-of-way on roads that are not owned by 
        the State of Kansas within the boundaries of the 
        Preserve.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 7. ADVISORY COMMITTEE.</DELETED>

<DELETED>    (a) Establishment.--There is established an advisory 
committee to be known as the ``Tallgrass Prairie National Preserve 
Advisory Committee''.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (c) Membership.--The Advisory Committee shall consist of 
the following 13 members, who shall be appointed by the Secretary as 
follows:</DELETED>
        <DELETED>    (1) Three members shall be representatives of the 
        Trust.</DELETED>
        <DELETED>    (2) Three members shall be representatives of 
        local landowners, cattle ranchers, or other agricultural 
        interests.</DELETED>
        <DELETED>    (3) Three members shall be representatives of 
        conservation or historic preservation interests.</DELETED>
        <DELETED>    (4) Three members, who shall be appointed as 
        follows:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) One member shall be selected from a 
                list of nominations submitted to the Secretary by the 
                Governor of the State of Kansas.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Terms.--</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (C) Five members shall be appointed, one 
                each from paragraphs (1) through (5) of subsection (c), 
                to serve for a term of 5 years.</DELETED>
        <DELETED>    (2) Reappointment.--Each member may be reappointed 
        to serve for a subsequent term.</DELETED>
        <DELETED>    (3) Expiration.--Each member shall continue to 
        serve after the expiration of the term of the member until a 
        successor is appointed.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (g) Quorum.--A majority of the members of the Advisory 
Committee shall constitute a quorum.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 8. RESTRICTION ON AUTHORITY.</DELETED>

<DELETED>    Nothing in this Act shall give the Secretary authority to 
regulate lands outside the boundaries of the Preserve.</DELETED>

<DELETED>SEC. 9. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated to the Department 
of the Interior such sums as may be necessary to carry out this 
Act.</DELETED>

SECTION 1. SHORT TITLE.

    This subtitle may be cited as the ``Tallgrass Prairie National 
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 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 this 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, 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 ``Advisory Committee'' 
        means the Advisory Committee established 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 National Park 
        Trust, Inc., a District of Columbia nonprofit corporation, or 
        any successor-in-interest.

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 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. 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.--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 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 Act 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 Act, 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 Secretaries administration of the Preserve 
        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 provision 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 connection 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 authorization 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. 4601-6a).
    (f) Agreements and Donations.--
            (1) Agreements.--The Secretary may expend Federal funds for 
        the cooperative management of private property within the 
        Preserve for research, resource management (including 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 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 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; 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 
                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 
                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)).
            (4) Hunting and fishing.--The Secretary may allow hunting 
        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 
        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 of the real 
property.
    (b) Payments in Lieu of Taxes.--For the purposes of payments made 
under 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 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 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 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 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)(A) One member shall be selected from a list of persons 
        recommended by the Chase County Commission 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 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 
                paragraph (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 subsections (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 
        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 members of the Advisory Committee shall 
select 1 of the members 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 a 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.) 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 Department of the 
Interior such sums as are necessary to carry out this Act.