Page:United States Statutes at Large Volume 110 Part 6.djvu/384

 110 STAT. 4206 PUBLIC LAW 104-333—NOV. 12, 1996 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 subtitle 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, tredls, 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 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 accordsince with subsection (f)(1) an indemnification provision by which the United States agrees to hold harmless, defend and indemnify the Isindowner in fiili from and against any suit, claim, demand or action, Hability, 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) 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 servicesfi*omindividuals, foundations, corporations, or public entities for the purposes of providing programs, services, facilities, or technical assistance that further the purposes of this subtitle. (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

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