[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.