§ 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.
(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—
(3)
Content of plan
The general management plan shall provide for the following:
(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.