§ 698u-3. — Administration of National Preserve.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC698u-3]
TITLE 16--CONSERVATION
CHAPTER 6--GAME AND BIRD PRESERVES; PROTECTION
Sec. 698u-3. Administration of National Preserve
(a) In general
The Secretary shall administer the Preserve in accordance with
sections 698u to 698u-7 of this title, the cooperative agreements
described in subsection (f)(1) of this section, and the provisions of
law generally applicable to units of the National Park System, including
sections 1, 2, 3, and 4 of this title and sections 461 to 467 of this
title.
(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
sections 698u to 698u-7 of this title 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 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 et seq., with
respect to the claims arising by virtue of the Secretary's
administration of the Preserve pursuant to sections 698u to 698u-7
of this title.
(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) of this section 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 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 460l-6a of this title.
(f) Agreement 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 sections 698u to 698u-7 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 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, 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 698u-2(b) of this title)
that is in effect on November 12, 1996.
(H) Provisions requiring the Secretary 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 (as described in section 698u-2(b) of this title).
(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.
(Pub. L. 104-333, div. I, title X, Sec. 1005, Nov. 12, 1996, 110 Stat.
4205; Pub. L. 106-176, title I, Sec. 122(3), Mar. 10, 2000, 114 Stat.
29.)
References in Text
The Federal Tort Claims Act, referred to in subsec. (d)(1), is
classified generally to section 1346(b) and chapter 171 (Sec. 2671 et
seq.) of Title 28, Judiciary and Judicial Procedure.
Amendments
2000--Subsec. (d)(1). Pub. L. 106-176, Sec. 122(3)(A), made
technical amendment to reference in original act which appears in text
as reference to sections 698u to 698u-7 of this title.
Subsec. (g)(3)(A). Pub. L. 106-176, Sec. 122(3)(B), substituted
``the tallgrass prairie'' for ``the tall grass prairie''.
Section Referred to in Other Sections
This section is referred to in sections 698u, 698u-1, 698u-5, 698u-
6, 698u-7 of this title.
