---
kind: "range"
citation: "16 U.S.C. §§ 698u–698u–7"
title: "16"
from: "698u"
to: "698u–7"
count: 8
release: "119-102"
url: "https://uscodex.org/usc/16/698u..698u-7"
---

# §698u. Tallgrass Prairie National Preserve: 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](/usc/16/410hhh–1.md?p=5) 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](/usc/16/470a.md))[^1] that represent outstanding examples of Second Empire and other 19th Century architectural styles; and
    - (B) is suitable and feasible as a potential [addition](/usc/16/410r–5.md?p=c-2) to the [National Park](/usc/16/410hhh–1.md?p=5) [System](/usc/16/668ee.md?p=14); and
  - (4) the [National Park](/usc/16/410hhh–1.md?p=5) [Trust](/usc/16/450ss–1.md?p=4), which owns the Spring Hill Ranch, has agreed to permit the [National Park](/usc/16/410hhh–1.md?p=5) Service—
    - (A) to [acquire](/usc/16/620e.md?p=1) a portion of the ranch, as specified in [sections 698u to 698u–7](/usc/16/698u..698u–7.md) of this title; 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 [sections 698u to 698u–7](/usc/16/698u..698u–7.md) of this title are—
  - (1) to [preserve](/usc/16/410hhh–1.md?p=7), 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](/usc/16/410hhh–1.md?p=7) and interpret for the public the historic and cultural values represented on the Spring Hill Ranch.

# §698u–1. Definitions


In [sections 698u to 698u–7](/usc/16/698u..698u–7.md) of this title:

- (1) **Advisory Committee—** The term “Advisory Committee” means the Advisory Committee established under [section 698u–5 of this title](/usc/16/698u–5.md).
- (2) **Preserve—** The term “[Preserve](/usc/16/410hhh–1.md?p=7)” means the Tallgrass Prairie National [Preserve](/usc/16/410hhh–1.md?p=7) established by [section 698u–2 of this title](/usc/16/698u–2.md).
- (3) **Secretary—** The term “[Secretary](/usc/16/410r–5.md?p=c-1)” means the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior.
- (4) **Trust—** The term “[Trust](/usc/16/450ss–1.md?p=4)” means the [National Park](/usc/16/410hhh–1.md?p=5) [Trust](/usc/16/450ss–1.md?p=4), Inc., a District of Columbia nonprofit corporation, or any successor-in-interest.

# §698u–2. Establishment of Tallgrass Prairie National Preserve

- (a) **In general—** In order to provide for the preservation, [restoration](/usc/16/6456.md?p=2), and interpretation of the Spring Hill Ranch [area](/usc/16/539m–1.md?p=1-A) of the Flint Hills of Kansas, for the benefit and enjoyment of present and future generations, there is established the Tallgrass Prairie National [Preserve](/usc/16/410hhh–1.md?p=7).
- (b) **Description—** The [Preserve](/usc/16/410hhh–1.md?p=7) shall consist of the lands and interests in land, including approximately 10,894 acres, generally depicted on the [map](/usc/16/430f–7.md?p=1) entitled “Boundary [Map](/usc/16/430f–7.md?p=1), 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. on 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](/usc/16/430f–7.md?p=1) and the legal description, the legal description shall govern, except that if, as a result of a survey, the [Secretary](/usc/16/410r–5.md?p=c-1) determines that there is a discrepancy with respect to the boundary of the [Preserve](/usc/16/410hhh–1.md?p=7) that may be corrected by making minor changes to the [map](/usc/16/430f–7.md?p=1), the [Secretary](/usc/16/410r–5.md?p=c-1) shall make changes to the [map](/usc/16/430f–7.md?p=1) as appropriate, and the boundaries of the [Preserve](/usc/16/410hhh–1.md?p=7) shall be adjusted accordingly. The [map](/usc/16/430f–7.md?p=1) shall be on file and available for public inspection in the appropriate offices of the [National Park](/usc/16/410hhh–1.md?p=5) Service of the Department of the Interior.

# §698u–3. Administration of National Preserve

- (a) **In general—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall administer the [Preserve](/usc/16/410hhh–1.md?p=7) in accordance with [sections 698u to 698u–7](/usc/16/698u..698u–7.md) of this title, the cooperative agreements described in [subsection (f)(1)](#f-1), and the provisions of law generally applicable to [units](/usc/16/430f–7.md?p=4) of the [National Park](/usc/16/410hhh–1.md?p=5) [System](/usc/16/668ee.md?p=14), including the Act entitled “An Act to establish a [National Park](/usc/16/410hhh–1.md?p=5) Service, and for other purposes”, approved August 25, 1916 ([16 U.S.C. 1](/usc/16/1.md), 2 through 4)[^1] and the Act of August 21, 1935 (49 Stat. 666; [16 U.S.C. 461](/usc/16/461.md) et seq.).[^1]
- (b) **Application of regulations—** With the consent of a private [owner](/usc/16/429b–3.md?p=4) of land within the boundaries of the [Preserve](/usc/16/410hhh–1.md?p=7), the regulations issued by the [Secretary](/usc/16/410r–5.md?p=c-1) concerning the [National Park](/usc/16/410hhh–1.md?p=5) Service that provide for the proper use, management, and protection of [persons](/usc/16/450rr–1.md?p=b), property, and natural and cultural [resources](/usc/16/410hhh–1.md?p=8) shall apply to the private land.
- (c) **Facilities—** For purposes of carrying out the duties of the [Secretary](/usc/16/410r–5.md?p=c-1) under [sections 698u to 698u–7](/usc/16/698u..698u–7.md) of this title relating to the [Preserve](/usc/16/410hhh–1.md?p=7), the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410hhh–1.md?p=7).
- (d) **Liability—**
  - (1) **Liability of the United States and its officers and employees—** Except as otherwise provided in this subsection, 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](/usc/28/2671.md) et seq., with respect to the claims arising by virtue of the [Secretary](/usc/16/410r–5.md?p=c-1)’s administration of the [Preserve](/usc/16/410hhh–1.md?p=7) pursuant to [sections 698u to 698u–7](/usc/16/698u..698u–7.md) of this title.
  - (2) **Liability of landowners—**
    - (A) The [Secretary](/usc/16/410r–5.md?p=c-1) 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)](#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](/usc/16/410hhh–1.md?p=7) under the agreement: Provided however, That indemnification shall not exceed $3 million per claimant per occurrence.
    - (B) The indemnification provision authorized by [subparagraph (A)](#d-2-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 National Park System—** The [Preserve](/usc/16/410hhh–1.md?p=7) shall be a [unit](/usc/16/430f–7.md?p=4) of the [National Park](/usc/16/410hhh–1.md?p=5) [System](/usc/16/668ee.md?p=14) for all purposes, including the purpose of exercising authority to charge entrance and admission fees under [section 100904 of title 54](/usc/54/100904.md).
- (f) **Agreement and donations—**
  - (1) **Agreements—** The [Secretary](/usc/16/410r–5.md?p=c-1) may expend Federal [funds](/usc/16/1421h.md?p=2) for the cooperative management of private property within the [Preserve](/usc/16/410hhh–1.md?p=7) for research, resource management (including pest control and noxious weed control, fire protection, and the [restoration](/usc/16/6456.md?p=2) of buildings), and visitor protection and use.
  - (2) **Donations—** The [Secretary](/usc/16/410r–5.md?p=c-1) may accept, retain, and expend donations of [funds](/usc/16/1421h.md?p=2), property (other than real property), or services from individuals, [foundations](/usc/16/450ss–1.md?p=1), corporations, or public entities for the purposes of providing [programs](/usc/16/460ss–6.md?p=1), services, facilities, or technical assistance that further the purposes of [sections 698u to 698u–7](/usc/16/698u..698u–7.md) of this title.
- (g) **General management plan—**
  - (1) **In general—** Not later than the end of the third full fiscal year beginning after November 12, 1996, the [Secretary](/usc/16/410r–5.md?p=c-1) shall prepare and submit to the [Committee](/usc/16/941b.md?p=1) on Energy and Natural [Resources](/usc/16/410hhh–1.md?p=8) of the Senate and the [Committee](/usc/16/941b.md?p=1) on [Resources](/usc/16/410hhh–1.md?p=8) of the House of [Representatives](/usc/16/5609.md?p=13) a general [management plan](/usc/16/460mmm–1.md?p=3) for the [Preserve](/usc/16/410hhh–1.md?p=7).
  - (2) **Consultation—** In preparing the general [management plan](/usc/16/460mmm–1.md?p=3), the [Secretary](/usc/16/410r–5.md?p=c-1), acting through the Director of the [National Park](/usc/16/410hhh–1.md?p=5) Service, shall consult with—
    - (A)
      - (i) appropriate officials of the [Trust](/usc/16/450ss–1.md?p=4); and
      - (ii) the [Advisory Committee](/usc/16/698u–1.md?p=1); and
    - (B) adjacent landowners, appropriate officials of nearby communities, the Kansas Department of Wildlife and [Parks](/usc/16/410r–5.md?p=c-3), the Kansas Historical Society, and other interested parties.
  - (3) **Content of plan—** The general [management plan](/usc/16/460mmm–1.md?p=3) shall provide for the following:
    - (A) Maintaining and enhancing the tallgrass prairie within the boundaries of the [Preserve](/usc/16/410hhh–1.md?p=7).
    - (B) Public access and enjoyment of the property that is consistent with the [conservation](/usc/16/6456.md?p=2) and proper management of the historical, cultural, and natural [resources](/usc/16/410hhh–1.md?p=8) of the ranch.
    - (C) Interpretive and educational [programs](/usc/16/460ss–6.md?p=1) covering the natural history of the prairie, the cultural history of Native Americans, and the legacy of ranching in the Flint Hills [region](/usc/16/1447a.md?p=6).
    - (D) Provisions requiring the application of applicable [State](/usc/16/6456.md?p=2) law concerning the maintenance of adequate fences within the boundaries of the [Preserve](/usc/16/410hhh–1.md?p=7). In any case in which an activity of the [National Park](/usc/16/410hhh–1.md?p=5) Service requires fences that exceed the legal fence standard otherwise applicable to the [Preserve](/usc/16/410hhh–1.md?p=7), the [National Park](/usc/16/410hhh–1.md?p=5) 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](/usc/16/410r–5.md?p=c-1) to comply with applicable [State](/usc/16/6456.md?p=2) noxious weed, pesticide, and animal health laws.
    - (F) Provisions requiring compliance with applicable [State](/usc/16/6456.md?p=2) water laws and Federal and [State](/usc/16/6456.md?p=2) waste disposal laws (including regulations) and any other applicable law.
    - (G) Provisions requiring the [Secretary](/usc/16/410r–5.md?p=c-1) to honor each valid existing oil and gas lease for lands within the boundaries of the [Preserve](/usc/16/410hhh–1.md?p=7) (as described in [section 698u–2(b) of this title](/usc/16/698u–2.md?p=b)) that is in effect on November 12, 1996.
    - (H) Provisions requiring the [Secretary](/usc/16/410r–5.md?p=c-1) to offer to enter into an agreement with each individual who, as of November 12, 1996, holds rights for cattle grazing within the boundaries of the [Preserve](/usc/16/410hhh–1.md?p=7) (as described in [section 698u–2(b) of this title](/usc/16/698u–2.md?p=b)).
  - (4) **Hunting and fishing—** The [Secretary](/usc/16/410r–5.md?p=c-1) may allow hunting and [fishing](/usc/16/7901.md?p=b) on [Federal lands](/usc/16/620e.md?p=2) within the [Preserve](/usc/16/410hhh–1.md?p=7).
  - (5) **Financial analysis—** As part of the development of the general [management plan](/usc/16/460mmm–1.md?p=3), the [Secretary](/usc/16/410r–5.md?p=c-1) shall prepare a financial analysis indicating how the management of the [Preserve](/usc/16/410hhh–1.md?p=7) may be fully supported through fees, private donations, and other forms of non-Federal funding.

# §698u–4. Limited authority to acquire

- (a) **In general—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall [acquire](/usc/16/620e.md?p=1), by donation, not more than 180 acres of real property within the boundaries of the [Preserve](/usc/16/410hhh–1.md?p=7) (as described in [section 698u–2(b) of this title](/usc/16/698u–2.md?p=b)) and the improvements on the real property.
- (b) **Payments in lieu of taxes—** For the purposes of payments made under [chapter 69](/usc/31/chstV-ch69.md) of title 31, the real property described in [subsection (a)](#a) shall be deemed to have been acquired for the purposes specified in [section 6904(a)](/usc/16/6904.md?p=a) of that title.
- (c) **Prohibitions—** No property may be acquired under this section without the consent of the [owner](/usc/16/429b–3.md?p=4) of the property. The United States may not [acquire](/usc/16/620e.md?p=1) fee ownership of any lands within the [Preserve](/usc/16/410hhh–1.md?p=7) other than lands described in this section.

# §698u–5. Advisory Committee

- (a) **Establishment—** There is established an [advisory committee](/usc/16/698u–1.md?p=1) to be known as the “Tallgrass Prairie National [Preserve](/usc/16/410hhh–1.md?p=7) [Advisory Committee](/usc/16/698u–1.md?p=1)”.
- (b) **Duties—** The [Advisory Committee](/usc/16/698u–1.md?p=1) shall advise the [Secretary](/usc/16/410r–5.md?p=c-1) and the Director of the [National Park](/usc/16/410hhh–1.md?p=5) Service concerning the development, management, and interpretation of the [Preserve](/usc/16/410hhh–1.md?p=7). In carrying out those duties, the [Advisory Committee](/usc/16/698u–1.md?p=1) shall provide timely advice to the [Secretary](/usc/16/410r–5.md?p=c-1) and the Director during the preparation of the general [management plan](/usc/16/460mmm–1.md?p=3) under [section 698u–3(g) of this title](/usc/16/698u–3.md?p=g).
- (c) **Membership—** The [Advisory Committee](/usc/16/698u–1.md?p=1) shall consist of 13 members, who shall be appointed by the [Secretary](/usc/16/410r–5.md?p=c-1) as follows:
  - (1) Three members shall be [representatives](/usc/16/5609.md?p=13) of the [Trust](/usc/16/450ss–1.md?p=4).
  - (2) Three members shall be [representatives](/usc/16/5609.md?p=13) of local landowners, cattle ranchers, or other agricultural interests.
  - (3) Three members shall be [representatives](/usc/16/5609.md?p=13) of [conservation](/usc/16/6456.md?p=2) or historic preservation interests.
  - (4)
    - (A) One member shall be selected from a list of [persons](/usc/16/450rr–1.md?p=b) recommended by the Chase County [Commission](/usc/16/410cc–1.md?p=3) in the [State](/usc/16/6456.md?p=2) of Kansas.
    - (B) One member shall be selected from a list of [persons](/usc/16/450rr–1.md?p=b) recommended by appropriate officials of Strong City, Kansas, and Cottonwood Falls, Kansas.
    - (C) One member shall be selected from a list of [persons](/usc/16/450rr–1.md?p=b) recommended by the Governor of the [State](/usc/16/6456.md?p=2) of Kansas.
  - (5) One member shall be a range management specialist representing institutions of higher education (as defined in [section 1001 of title 20](/usc/20/1001.md)) in the [State](/usc/16/6456.md?p=2) of Kansas.
- (d) **Terms—**
  - (1) **In general—** Each member of the [Advisory Committee](/usc/16/698u–1.md?p=1) 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)](#c-1), [(2)](#c-2), [(3)](#c-3), and [(4)](#c-4) of subsection (c), to serve for a term of 3 years.
    - (B) Four members shall be appointed, one each from paragraphs [(1)](#c-1), [(2)](#c-2), [(3)](#c-3), and [(4)](#c-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)](#c-1..c-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](/usc/16/698u–1.md?p=1) 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](/usc/16/698u–1.md?p=1) shall select 1 of the members to serve as Chairperson.
- (f) **Meetings—** Meetings of the [Advisory Committee](/usc/16/698u–1.md?p=1) shall be held at the call of the Chairperson or the majority of the [Advisory Committee](/usc/16/698u–1.md?p=1). 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 [chapter 10](/usc/5/chptI-ch10.md) of title 5, the [Advisory Committee](/usc/16/698u–1.md?p=1) 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](/usc/16/698u–1.md?p=1) shall constitute a quorum.
- (h) **Compensation—** Each member of the [Advisory Committee](/usc/16/698u–1.md?p=1) shall serve without compensation, except that while engaged in official business of the [Advisory Committee](/usc/16/698u–1.md?p=1), the member shall be entitled to travel expenses, including per diem in lieu of subsistence in the same manner as [persons](/usc/16/450rr–1.md?p=b) employed intermittently in Government service under [section 5703 of title 5](/usc/5/5703.md).
- (i) **Charter—** The rechartering provisions of [section 1013(b) of title 5](/usc/5/1013.md?p=b) shall not apply to the [Advisory Committee](/usc/16/698u–1.md?p=1).

# §698u–6. Restriction on authority


Nothing in [sections 698u to 698u–7](/usc/16/698u..698u–7.md) of this title shall give the [Secretary](/usc/16/410r–5.md?p=c-1) authority to regulate lands outside the land [area](/usc/16/539m–1.md?p=1-A) acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) under [section 698u–4(a) of this title](/usc/16/698u–4.md?p=a).


# §698u–7. Authorization of appropriations


There are authorized to be appropriated to the Department of the Interior such sums as are necessary to carry out [sections 698u to 698u–7](/usc/16/698u..698u–7.md) of this title.