[Senate Report 104-376]
[From the U.S. Government Publishing Office]
Calendar No. 600
104th Congress Report
SENATE
2d Session 104-376
_______________________________________________________________________
TALLGRASS PRAIRIE NATIONAL PRESERVE ACT OF 1995
_______
September 30, 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 695]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 695) to provide for the establishment of
the Tallgrass Prairie National Preserve in Kansas, and for
other purposes, having considered the same, reports favorably
thereon with an amendment and recommends that the bill, as
amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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 authorized 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 on 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 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(q).
(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 agriculture 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 196 (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 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.
(c) 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.
Meeting 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 schedule 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
manner as persons employed intermittently in Government service under
section 5703 of title 5, United States Code.
(i) Charter.--The recharting provisions of section 14(b) of the
Federal Advisory Committee (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.
Three are authorized to be appropriated to the Department of the
Interior such sums as are necessary to carry out this Act.
purpose of the measure
The purpose of S. 695 is to establish the Tallgrass Prairie
National Preserve in the State of Kansas as a Unit of the
National Park System.
background and need
The Flint Hills area of Kansas is the location of one of
the few unaltered expanses of the once vast tallgrass prairie.
Tallgrass prairie once covered nearly 400,000 square miles of
the North American continent. Less than one percent of this
tallgrass prairie remains today, primarily in the Flint Hills.
The Z-Bar (Spring Hill) Ranch is a 10,894 acre cattle
ranch, located two miles north of Strong City, in Chase County,
Kansas. The Ranch contains extensive tallgrass prairie, and was
originally part of two large cattle ranches which were merged
in the late nineteenth-century. Historically, the typical Flint
Hills ranch encompassed thousands of acres on which vast herds
of cattle grazed during the summer. The Z-Bar Ranch is an
example of one of the few remaining large ranches in the Flint
Hills tallgrass prairie area.
Several buildings on the Z-Bar Ranch are listed on the
National Register of Historic Places, including the Z-Bar Ranch
house, a three-story, eleven room structure constructed of
native limestone in 1881. With its mansard roof and dormer
windows, the Ranch house is a unique example of Second Empire
style architecture. The Ranch house and its outbuildings, which
include a barn, springhouse/smokehouse, outhouse, workshop,
poultry house, equipment shed and garage, form a composite
group of rural buildings, built from a single material, which
function as a unit.
Also listed on the National Register of Historic Places in
the Fox Creek Schoolhouse, located on the ranch property,
approximately one mile from the ranch headquarters complex. The
Schoolhouse was built in 1882 and operated as a school between
1884 and 1930. A local organization currently operates the
Schoolhouse as a museum.
In March 1991, the National Park Service completed a
Special Resource Study of the Z-Bar Ranch. The purpose of the
study was to determine the site's significance, suitability,
and feasibility as a potential addition to the National Park
System. The study concluded that the Z-Bar Ranch was suitable
for inclusion in the National Park System as it depicts
significant natural history, architectural, and historical
themes which are not represented elsewhere within the National
Park Service.
The Ranch is currently owned by the National Park Trust.
The National Trust has agreed to permit the National Park
Service to purchase a portion of the Ranch and manage it in
order to preserve, protect, and interpret the tallgrass
prairie, and the historical and cultural resources represented
on the Ranch.
legislative history
Senators Kassebaum and Dole introduced S. 695 on April 6,
1995. The Subcommittee for Parks, Historic Preservation, and
Recreation held a hearing on the bill on April 5, 1996. Senator
Bond was added as a co-sponsor on May 8, 1996. Similar
legislation was included as an amendment to H.R. 1296, a bill
establishing the Presidio Trust. That bill passed the Senate on
May 1, 1996 and is pending in conference.
This legislation is similar to S. 2412, introduced in the
103rd Congress by Senators Kassebaum, Dole and Campbell. S.
2412 was introduced on August 19, 1994. Senator Campbell was
added as a cosponsor on September 30, 1994. No further action
was taken.
At the business meeting on September 12, 1996, the
Committee on Energy and Natural Resources ordered S. 695
favorably reported, as amended.
committee recommendation
The Committee on Energy and Natural Resources, in open
business session on September 12, 1996, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
695, if amended as described herein.
committee amendment
During the consideration of S. 695, the Committee adopted
an amendment in the nature of a substitute. The amended bill
makes technical and conforming corrections, and adds language
stating that Federal resource protection and management
regulations will apply on the private land within the Preserve,
with the consent of the landowner. The amended bill also
contains new language stating that the Secretary of the
Interior will be required to prepare a financial analysis
indicating how the Preserve may be fully supported through
fees, private donations, and other forms of non-Federal
funding.
The bill, as amended, includes language to create the
Tallgrass Prairie National Preserve in the Flint Hills of
Kansas. The Preserve would be created through a private/public
partnership between the Federal government and a private
conservation group. The partnership is the culmination of
decades of discussions between agriculture and conservation
interests who, until now, had disagreed over issues such as
Federal ownership and cattle grazing as part of a tallgrass
prairie preserve in Kansas. The language contained in the
amended legislation is the result of consensus building and
compromise between these various groups.
section-by-section analysis
Section 1 entitles the bill the ``Tallgrass Prairie
National Preserve Act of 1996''.
Section 2(a) contains the Congressional findings.
Section 2(b) describes the purposes of the Act as: (1)
preserving, protecting and interpreting an example of a
tallgrass prairie ecosystem; and (2) preserving and
interpreting the historic and cultural values represented on
the Spring Hill Ranch.
Section 3 provides definitions for terms used throughout
the Act.
Section 4(a) establishes the Tallgrass Prairie National
Preserve.
Section 4(b) describes the Preserve as consisting of
approximately 10,894 acres of lands, waters and interests
depicted on boundary map.
Section 5(a) directs the Secretary of the Interior
(Secretary) to administer the Preserve according to laws
applicable to units of the National Park System.
Section 5(b) states that with the consent of the landowner,
regulations issued by the Secretary that provide for use,
management, and protection will apply to private land within
the boundaries of the Preserve.
Section 5(c) authorizes the Secretary, with the consent of
the landowner, to construct, reconstruct, rehabilitate or
develop essential buildings, structures and related facilities,
including roads, trails and other interpretive facilities on
non-Federal property within the Preserve.
Section 5(d)(1) limits the liability of the United States
to the terms and conditions of the Federal Tort Claims Act as
amended.
Section 5(d)(2) authorizes the Secretary to include an
indemnification provision in any cooperative agreement with a
landowner, limited to $3 million per claimant per occurrence.
Claims for personal injury or property damage caused by wanton
or willful misconduct by the landowner are excluded from the
provision.
Section 5(e) authorizes the Preserve as a fee area of the
National Park System.
Section 5(f)(1) authorizes the Secretary of the Interior to
expend Federal funds for cooperative management activities, and
cooperative agreements within the preserve in order to provide
for resource management and protection.
Section 5(f)(2) authorizes the Secretary to accept, retain
and expend donated funds, property (other than real property)
and services.
Section 5(g)(1) directs the Secretary to develop a general
management plan for the Preserve and submit the plan to
Congress within three fiscal years.
Section 5(g)(2) directs the Secretary, acting through the
Director of the National Park Service, to consult with: (A)
officials of the National Park Trust and the Tallgrass Prairie
Advisory Committee; (B) adjacent land owners, and other local
officials.
Section 5(g)(3) directs that the general management plan
provide for: (A) maintaining and enhancing the prairie
ecosystem; (B) public access and enjoyment; (C) interpretive
and educational programs; (D) the application of State law
concerning the maintenance of adequate fences; (E) compliance
with State weed, pesticide and animal health laws: (F)
compliance with Federal and State water and waste disposal
laws; (G) honoring valid and existing oil and gas leases; (H)
entering into an agreement with each individual who hold
current cattle grazing rights within the boundaries of the
Preserve.
Section 5(g)(4) authorizes the Secretary to allow hunting
and fishing on Federal lands within the Preserve.
Section 5(g)(5) directs the Secretary to prepare a
financial analysis indicating how the Preserve may be fully
supported through fees,private donations, and other forms of
non-Federal funding.
Section 6(a) authorizes the Secretary to acquire not more
than 180 acres of real property within the boundaries of the
Preserve.
Section 6(b) Provides for payments in lieu of taxes.
Section 6(c) prohibits the acquisition of property without
the consent of the landowner, and prohibits the United States
from acquiring fee ownership of any lands within the Preserve
other than lands described in the legislation.
Section 7(a) establishes the ``Tallgrass Prairie National
Preserve Advisory Committee''.
Section 7 describes the duties of the thirteen person
Advisory Committee, and provides an outline for the Committee's
membership, terms of appointment and procedures.
Section 8 states that the Secretary of the Interior will
not have the authority to regulate lands outside the boundary
of the Preserve.
Section 9 authorizes the appropriation of funds as
necessary to carry out the Act.
cost and budgetary considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 20, 1996.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed S. 695, the Tallgrass Prairie National Preserve Act of
1996, as reported by the Senate Committee on Energy and Natural
Resources on September 16, 1996. Assuming appropriation of the
necessary amounts, CBO estimates that the federal government
would spend about $8 million to implement this bill over the
next five years, including $5 million for planning and
development and $3 million for operating expenses. Additional
one-time costs of at least $3 million (and possibly much more)
and ongoing expenses of about $1 million a year be incurred
after fiscal year 2001. S. 695 could affect receipts (from
contributed funds) and direct spending; therefore, pay-as-you-
go procedures would apply. We expect, however, that the amount
of any new receipts or resulting direct spending would not be
significant. In any event, such receipts and direct spending
would offset each other.
bill purpose
S. 695 would establish the Tallgrass Prairie National
Preserve on the grounds of the Spring Hill Ranch in Kansas. The
National Park Service (NPS) would administer the preserve as a
unit of the National Park System but would only be authorized
to acquire, by donation, 180 acres of the 10,894-acre site. The
remaining land would be operated and maintained by the NPS
through a cooperative agreement with the National Park Trust,
the current owner of the ranch. S. 695 would direct the NPS to
prepare a general management plan for the preserve within three
years of the bill's enactment. The bill would establish a 13-
member advisory committee to assist in developing the plan and
managing the preserve.
Section 5 of the bill would authorize the NPS to accept and
spend nonfederal contributions of funds, personal property, and
services for the purpose of implementing the legislation.
Finally, S. 695 would authorize the appropriation of
whatever sums are necessary to carry out the legislation,
including funds to develop, interpret, and manage nonfederal
lands within the preserve.
federal budgetary impact
CBO estimates that the NPS would spend about $0.6 million
over the next three years to prepare a management plan for the
preserve and complete other needed studies and reports. Over
the following several years, the agency would spend at least $7
million (for basic visitor facilities and interpretive
programs) and possibly much more (for road construction and
historic restoration of ranch buildings). We estimate that
costs to operate and maintain the park would be about $0.2
million in fiscal year 1997. Annual operating and maintenance
costs, which would include minor amounts for advisory committee
expenses and payments to local governments in lieu of taxes on
the 180 acres of land to be donated to the NPS, would gradually
rise to about $1 million by 2001.
Enacting section 5, which would allow the NPS to accept and
spend contributed funds, would have no net impact on the
federal budget because any new revenues collected would be
offset by new direct spending. We expect that any contributions
and the resulting spending would be minimal.
The above estimates are based on information provided by
the NPS and the National Park Trust, and assume appropriation
of the entire amounts estimated to be necessary.
mandates statement
S. 695 contains no private-sector or intergovernmental
mandates as defined in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4) and would impose no costs on state, local or
tribal governments.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
June E. O'Neill, Director.
regulatory impact evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 695. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 695, as ordered reported.
executive communications
On September 13, 1996, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 695. These reports
had not been received at the time the report on S. 695 was
filed. When these reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate.
Statement of Roger G. Kennedy, Director, National Park Service,
Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before the committee to testify on S. 695, a bill to provide
for the establishment of the Tallgrass Prairie National
Preserve in Kansas, and for other purposes.
We support enactment of this bill if amended according to
our testimony.
S. 695 establishes as a National Preserve approximately
10,894 acres of land known as the ``Spring Hill Ranch'' in the
Flint Hills area of Kansas. This land is covered by tall grass
prairie, a uniquely North American ecosystem that once covered
400,000 square miles of North America. Less than 1 percent of
this ecosystem remains, mainly in the Flint Hills. Only a small
portion of the remaining tall grass prairie (approximately
3,000 acres spread throughout 32 parks) is presently contained
in units of the National Park System, and none of these offer
this ecosystem's natural and cultural resources as their
primary interpretative theme.
In a 1991 special resource study of the Spring Hill Ranch,
the National Park Service (NPS) concluded that the ranch, which
includes several buildings listed on the National Register of
Historic Places, is a nationally significant example of the
once vast tall grass ecosystem and would be a suitable and
feasible addition to the National Park System. In particular,
the study noted that the ranch's grasslands are ``diverse, have
been minimally impacted'', and ``possess outstanding scenic
value''.
The property that would form the National Preserve is
presently owned by the National Park Trust, a non-profit
corporation. Section 6 of the bill would authorize the
Secretary to acquire not more than 180 acres of this land,
which would be made up of two separate parcels. The ranch's
buildings, which include the culturally significant house,
barn, and Fox Creek School, among others, rest on 160 of the
180 acres. The remaining 20 acres would be used to build a
visitor center (if deemed appropriate through our planning
process) on a site yet to be determined.
The Preserve land that will not be acquired by the
Secretary (approximately 10,714 acres) would be owned by the
National Park Trust, or its successors. The NPS would have the
authority under section 6 to acquire rights-of-way on roads not
owned by the State of Kansas. Under section 5, the NPS would
manage and interpret the significance of this land, pursuant to
a cooperative agreement with the Trust.
The NPS supports the general concepts underlying this bill,
as they will result in the protection of this valuable and
important natural and cultural resource. This is why we do not
object to the language in section 6 that limits our ownership
in the Preserve to no more than 180 acres. We recognize that it
is unusual for us to manage and protect land that we do not
own, and we do not anticipate doing this except in unusual
circumstances. We strongly believe, however, that, in this
case, this arrangement is justified, since the land that we
will own, the 180 acres, will provide us with a core of
property that will enable us to competently manage and protect
the entire Preserve.
In addition, we recommend a few technical amendments to the
bill that would aid us in performing our stewardship function.
At the end of section 5(b) after ``Preserve'' insert ``on
private lands with the consent of the landowner''. This would
allow fair and equitable administration of the regulations that
apply to units of the National Park System, including those
dealing with fee collection, cultural and natural resource
protection, and others. The regulations would apply to the
entire Preserve, not just the land that is owned by the NPS,
but also those lands owned by the Trust, but only with the
consent of the Trust.
Section 5(c) provides that ``with consent of the
landowner'' and section 5(c)(2) provides that the Secretary may
``maintain and operate programs in connection with the
Preserve.'' This language appears to give veto power over our
management decisions to a private party when we believe the
intent of this section is to authorize the NPS to undertaken
certain activities on private property within the boundaries of
the Preserve. We recommend in section 5(c)(1) striking ``on
real property that is not owned by the Federal Government and
is located within the Preserve'' and, following ``relating to''
in section 5(c), inserting ``private property located within''
in order to clarify the intent of this section.
In section 5(d), the phrase ``Notwithstanding any other
provision of law'' should be replaced with specific references
to the statutes that should not apply. This would avoid
inadvertently waiving relevant and necessary provisions of law.
In section 5(e) strike ``Notwithstanding any other * * *
charging'' and insert ``The Preserve shall be considered a unit
of the National Park System for all purposes, including
authority to charge''. The only authority for the NPS to charge
entrance fees is contained in the Land and Water Conservation
Fund Act. This amendment would make it clear that there is only
one law that applies to the NPS concerning the charging of
entrance fees.
In section 5(f)(2), strike ``Notwithstanding any other
provision of law, the Secretary may solicit,'' and insert ``The
Secretary may''. It is not customary for the Secretary to
solicit donations and, coupled with a waiver of all law,
including conflict of interest provisions, this authority would
unnecessarily raise opportunities for ethical or legal
problems.
Section 5(g)(3)(B) calls for the NPS to provide, through
the General Management Plan, public access to the Preserve
``that is consistent with the conservation and proper
management of the * * * resources of * * * surrounding
communities.'' We recommend striking ``lands of adjoining
landowners, and surrounding communities'' and inserting ``and
is coordinated with plans or surrounding communities and
adjoining landowners''. This section, as written, asks us to
make determinations about the level of conservation and
management for the resource of surrounding communities. These
issues fall beyond the scope of our authority as a Federal
agency, and are more appropriately subjects for State and local
governmental bodies. If this bill is enacted, we would
certainly be willing to work with the governmental units and
adjacent land owners.
Section 5(g)(3)(H) requires the Secretary to offer to enter
into agreements with individuals that hold grazing rights
within the Preserve. We recommend amending this language by
striking ``offer'' and inserting ``recognize the private land
owners' right'' to enter into agreements so as not to interfere
with the commercial relationship between the owner of the
property (the National Park Trust) and the holder of the
grazing rights. This would identify pre-existing grazing on
private property as an acceptable use within the boundaries of
the park.
We recommend deletion of section 7, which would create an
Advisory Committee to oversee the management of the Preserve.
An advisory committee is unnecessary because the NPS regularly
solicits advice and comments from adjacent land owners and
other affected parties through the general management planning
process and subsequent consultations. This would particularly
be the case in this cooperative arrangement. Deleting this
section would also be consistent with the President's request
that Congress show restraint in creating new statutory
committees or extending existing ones beyond their stated time
frame. In addition, we should note that there are a number of
problems in provisions in this section, including restrictions
on appointments, lack of a sunset provision, and exemptions to
the Federal Advisory Committee Act.
With these technical amendments, we strongly support S.
695. Through a private/public partnership, this bill would
protect for future generations a portion of an ecosystem that
is an immensely significant natural and cultural resource and
not currently represented as a unit of the National Park
System.
Appropriation of funds for operation, development, and land
acquisition would be contingent upon Federal budgetary
constraints and Administration funding and land acquisition
priorities.
Mr. Chairman, this concludes my remarks. I would be happy
to answer any questions you may have.
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by this bill S. 695, as
ordered reported.