View all text of Chapter 6 [§ 671 - § 698w]
§ 698u–3. Administration of National Preserve
(a) In general
(b) Application of regulations
(c) Facilities
(d) Liability
(1) Liability of the United States and its officers and employees
(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 National Park System
(f) Agreement and donations
(1) Agreements
(2) Donations
(g) General management plan
(1) In general
(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
(5) Financial analysis
(Pub. L. 104–333, div. I, title X, § 1005, Nov. 12, 1996, 110 Stat. 4205; Pub. L. 106–176, title I, § 122(3), Mar. 10, 2000, 114 Stat. 29.)