II 

116TH CONGRESS 

1ST SESSION S. 871 

To establish the White Sands National Park in the State of New Mexico 

as a unit of the National Park System, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 26, 2019 

Mr. HEINRICH (for himself and Mr. UDALL) introduced the following bill; 

which was read twice and referred to the Committee on Armed Services 

A BILL 

To establish the White Sands National Park in the State 

of New Mexico as a unit of the National Park System, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘White Sands National Park Establishment Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—WHITE SANDS NATIONAL PARK 

Sec. 101. Findings. 


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Sec. 102. Establishment of White Sands National Park. 

TITLE II—MODIFICATION OF BOUNDARIES OF WHITE SANDS 

NATIONAL PARK AND WHITE SANDS MISSILE RANGE 

Sec. 201. Transfers of administrative jurisdiction. 

Sec. 202. Boundary modifications. 

Sec. 203. Administration. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) MAP.—The term ‘‘Map’’ means the map en4 titled ‘‘White Sands National Park Proposed Bound5 ary Revision & Transfer of Lands Between National 

6 Park Service & Department of the Army’’, numbered 

7 142/136,271, and dated February 14, 2017. 

8 (2) MILITARY MUNITIONS.—The term ‘‘military 

9 munitions’’ has the meaning given the term in sec10 tion 101(e) of title 10, United States Code. 

11 (3) MISSILE RANGE.—The term ‘‘missile 

12 range’’ means the White Sands Missile Range, New 

13 Mexico, administered by the Secretary of the Army. 

14 (4) MONUMENT.—The term ‘‘Monument’’ 

15 means the White Sands National Monument, New 

16 Mexico, established by Presidential Proclamation 

17 No. 2025 (54 U.S.C. 320301 note), dated January 

18 18, 1933, and administered by the Secretary. 

19 (5) MUNITIONS DEBRIS.—The term ‘‘munitions 

20 debris’’ has the meaning given the term in volume 

21 8 of the Department of Defense Manual Number 

22 6055.09–M entitled ‘‘DoD Ammunitions and ExploVerDate Sep 11 2014 05:20 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S871.IS S871

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1 sives Safety Standards’’ and dated February 29, 

2 2008 (as in effect on the date of enactment of this 

3 Act). 

4 (6) PARK.—The term ‘‘Park’’ means the White 

5 Sands National Park established by section 102(a). 

6 (7) PUBLIC LAND ORDER.—The term ‘‘Public 

7 Land Order’’ means Public Land Order 833, dated 

8 May 21, 1952 (17 Fed. Reg. 4822). 

9 (8) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior. 

11 (9) STATE.—The term ‘‘State’’ means the State 

12 of New Mexico. 

13 TITLE I—WHITE SANDS 

14 NATIONAL PARK 

15 SEC. 101. FINDINGS. 

16 Congress finds that— 

17 (1) White Sands National Monument was es18 tablished on January 18, 1933, by President Her19 bert Hoover under chapter 3203 of title 54, United 

20 States Code (commonly known as the ‘‘Antiquities 

21 Act of 1906’’); 

22 (2) President Hoover proclaimed that the 

23 Monument was established ‘‘for the preservation of 

24 the white sands and additional features of scenic, 

25 scientific, and educational interest’’; 


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1 (3) the Monument was expanded by Presidents 

2 Roosevelt, Eisenhower, Carter, and Clinton in 1934, 

3 1942, 1953, 1978, and 1996, respectively; 

4 (4) the Monument contains a substantially 

5 more diverse set of nationally significant historical, 

6 archaeological, scientific, and natural resources than 

7 were known of at the time the Monument was estab8 lished, including a number of recent discoveries; 

9 (5) the Monument is recognized as a major unit 

10 of the National Park System with extraordinary val11 ues enjoyed by more visitors each year since 1995 

12 than any other unit in the State; 

13 (6) the Monument contributes significantly to 

14 the local economy by attracting tourists; and 

15 (7) designation of the Monument as a national 

16 park would increase public recognition of the diverse 

17 array of nationally significant resources at the 

18 Monument and visitation to the unit. 

19 SEC. 102. ESTABLISHMENT OF WHITE SANDS NATIONAL 

20 PARK. 

21 (a) ESTABLISHMENT.—To protect, preserve, and re22 store its scenic, scientific, educational, natural, geological, 

23 historical, cultural, archaeological, paleontological, 

24 hydrological, fish, wildlife, and recreational values and to 

25 enhance visitor experiences, there is established in the 


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1 State the White Sands National Park as a unit of the Na2 tional Park System. 

3 (b) ABOLISHMENT OF WHITE SANDS NATIONAL

4 MONUMENT.— 

5 (1) ABOLISHMENT.—Due to the establishment 

6 of the Park, the Monument is abolished. 

7 (2) INCORPORATION.—The land and interests 

8 in land that comprise the Monument are incor9 porated in, and shall be considered to be part of, the 

10 Park. 

11 (c) REFERENCES.—Any reference in a law, map, reg12 ulation, document, paper, or other record of the United 

13 States to the ‘‘White Sands National Monument’’ shall be 

14 considered to be a reference to the ‘‘White Sands National 

15 Park’’. 

16 (d) AVAILABILITY OF FUNDS.—Any funds available 

17 for the Monument shall be available for the Park. 

18 (e) ADMINISTRATION.—The Secretary shall admin19 ister the Park in accordance with— 

20 (1) this title; and 

21 (2) the laws generally applicable to units of the 

22 National Park System, including section 100101(a), 

23 chapter 1003, sections 100751(a), 100752, 100753, 

24 and 102101, and chapter 3201 of title 54, United 

25 States Code. 


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1 (f) WORLD HERITAGE LIST NOMINATION.— 

2 (1) COUNTY CONCURRENCE.—The Secretary 

3 shall not submit a nomination for the Park to be in4 cluded on the World Heritage List of the United 

5 Nations Educational, Scientific and Cultural Organi6 zation unless each county in which the Park is lo7 cated concurs in the nomination. 

8 (2) ARMY NOTIFICATION.—Before submitting a 

9 nomination for the Park to be included on the World 

10 Heritage List of the United Nations Educational, 

11 Scientific and Cultural Organization, the Secretary 

12 shall notify the Secretary of the Army of the intent 

13 of the Secretary to nominate the Park. 

14 (g) EFFECT.—Nothing in this section affects— 

15 (1) valid existing rights (including water 

16 rights); 

17 (2) permits or contracts issued by the Monu18 ment; 

19 (3) existing agreements, including agreements 

20 with the Department of Defense; 

21 (4) the jurisdiction of the Department of De22 fense regarding the restricted airspace above the 

23 Park; or 

24 (5) the airshed classification of the Park under 

25 the Clean Air Act (42 U.S.C. 7401 et seq.). 


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1 TITLE II—MODIFICATION OF 

2 BOUNDARIES OF WHITE 

3 SANDS NATIONAL PARK AND 

4 WHITE SANDS MISSILE 

5 RANGE 

6 SEC. 201. TRANSFERS OF ADMINISTRATIVE JURISDICTION. 

7 (a) TRANSFER OF ADMINISTRATIVE JURISDICTION

8 TO THE SECRETARY.— 

9 (1) IN GENERAL.—Administrative jurisdiction 

10 over the land described in paragraph (2) is trans11 ferred from the Secretary of the Army to the Sec12 retary. 

13 (2) DESCRIPTION OF LAND.—The land referred 

14 to in paragraph (1) is— 

15 (A) the approximately 2,826 acres of land 

16 identified as ‘‘To NPS, lands inside current 

17 boundary’’ on the Map; and 

18 (B) the approximately 5,766 acres of land 

19 identified as ‘‘To NPS, new additions’’ on the 

20 Map. 

21 (b) TRANSFER OF ADMINISTRATIVE JURISDICTION

22 TO THE SECRETARY OF THE ARMY.— 

23 (1) IN GENERAL.—Administrative jurisdiction 

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1 ferred from the Secretary to the Secretary of the 

2 Army. 

3 (2) DESCRIPTION OF LAND.—The land referred 

4 to in paragraph (1) is the approximately 3,737 acres 

5 of land identified as ‘‘To DOA’’ on the Map. 

6 SEC. 202. BOUNDARY MODIFICATIONS. 

7 (a) PARK.— 

8 (1) IN GENERAL.—The boundary of the Park is 

9 revised to reflect the boundary depicted on the Map. 

10 (2) MAP.— 

11 (A) IN GENERAL.—The Secretary, in co12 ordination with the Secretary of the Army, shall 

13 prepare and keep on file for public inspection in 

14 the appropriate office of the Secretary a map 

15 and a legal description of the revised boundary 

16 of the Park. 

17 (B) EFFECT.—The map and legal descrip18 tion under subparagraph (A) shall have the 

19 same force and effect as if included in this Act, 

20 except that the Secretary may correct clerical 

21 and typographical errors in the map and legal 

22 description. 

23 (3) BOUNDARY SURVEY.—As soon as prac24 ticable after the date of the establishment of the 

25 Park and subject to the availability of funds, the 


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1 Secretary shall complete an official boundary survey 

2 of the Park. 

3 (b) MISSILE RANGE.— 

4 (1) IN GENERAL.—The boundary of the missile 

5 range and the Public Land Order are modified to 

6 exclude the land transferred to the Secretary under 

7 section 201(a) and to include the land transferred to 

8 the Secretary of the Army under section 201(b). 

9 (2) MAP.—The Secretary shall prepare a map 

10 and legal description depicting the revised boundary 

11 of the missile range. 

12 (c) CONFORMING AMENDMENT.—Section 2854 of 

13 Public Law 104–201 (54 U.S.C. 320301 note) is repealed. 

14 SEC. 203. ADMINISTRATION. 

15 (a) PARK.—The Secretary shall administer the land 

16 transferred under section 201(a) in accordance with laws 

17 (including regulations) applicable to the Park. 

18 (b) MISSILE RANGE.—Subject to subsection (c), the 

19 Secretary of the Army shall administer the land trans20 ferred to the Secretary of the Army under section 201(b) 

21 as part of the missile range. 

22 (c) INFRASTRUCTURE; RESOURCE MANAGEMENT.— 

23 (1) RANGE ROAD 7.— 

24 (A) INFRASTRUCTURE MANAGEMENT.—To 

25 the maximum extent practicable, in planning, 


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1 constructing, and managing infrastructure on 

2 the land described in subparagraph (C), the 

3 Secretary of the Army shall apply low-impact 

4 development techniques and strategies to pre5 vent impacts within the missile range and the 

6 Park from stormwater runoff from the land de7 scribed in that subparagraph. 

8 (B) RESOURCE MANAGEMENT.—The Sec9 retary of the Army shall— 

10 (i) manage the land described in sub11 paragraph (C) in a manner consistent with 

12 the protection of natural and cultural re13 sources within the missile range and the 

14 Park and in accordance with section 

15 101(a)(1)(B) of the Sikes Act (16 U.S.C. 

16 670a(a)(1)(B)), division A of subtitle III of 

17 title 54, United States Code, and the Na18 tive American Graves Protection and Re19 patriation Act (25 U.S.C. 3001 et seq.); 

20 and 

21 (ii) include the land described in sub22 paragraph (C) in the integrated natural 

23 and cultural resource management plan for 

24 the missile range. 


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1 (C) DESCRIPTION OF LAND.—The land re2 ferred to in subparagraphs (A) and (B) is the 

3 land that is transferred to the administrative 

4 jurisdiction of the Secretary of the Army under 

5 section 201(b) and located in the area east of 

6 Range Road 7 in— 

7 (i) T. 17 S., R. 5 E., sec. 31; 

8 (ii) T. 18 S., R. 5 E.; and 

9 (iii) T. 19 S., R. 5 E., sec. 5. 

10 (2) FENCE.— 

11 (A) IN GENERAL.—The Secretary of the 

12 Army shall continue to allow the Secretary to 

13 maintain the fence shown on the Map until 

14 such time as the Secretary determines that the 

15 fence is unnecessary for the management of the 

16 Park. 

17 (B) REMOVAL.—If the Secretary deter18 mines that the fence is unnecessary for the 

19 management of the Park under subparagraph 

20 (A), the Secretary shall promptly remove the 

21 fence at the expense of the Department of the 

22 Interior. 

23 (d) RESEARCH.—The Secretary of the Army and the 

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1 retary to conduct certain research in the area identified 

2 as ‘‘Cooperative Use Research Area’’ on the Map. 

3 (e) MILITARY MUNITIONS AND MUNITIONS DE4 BRIS.— 

5 (1) RESPONSE ACTION.—With respect to any 

6 Federal liability, the Secretary of the Army shall re7 main responsible for any response action addressing 

8 military munitions or munitions debris on the land 

9 transferred under section 201(a) to the same extent 

10 as on the day before the date of enactment of this 

11 Act. 

12 (2) INVESTIGATION OF MILITARY MUNITIONS

13 AND MUNITIONS DEBRIS.— 

14 (A) IN GENERAL.—The Secretary may re15 quest that the Secretary of the Army conduct 

16 1 or more investigations of military munitions 

17 or munitions debris on any land transferred 

18 under section 201(a). 

19 (B) ACCESS.—The Secretary shall give ac20 cess to the Secretary of the Army to the land 

21 covered by a request under subparagraph (A) 

22 for the purposes of conducting the 1 or more 

23 investigations under that subparagraph. 


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1 (C) LIMITATION.—An investigation con2 ducted under this paragraph shall be subject to 

3 available appropriations. 

4 (3) APPLICABLE LAW.—Any activities under5 taken under this subsection shall be carried out in 

6 accordance with— 

7 (A) the Comprehensive Environmental Re8 sponse, Compensation, and Liability Act of 

9 1980 (42 U.S.C. 9601 et seq.); 

10 (B) the purposes for which the Park was 

11 established; and 

12 (C) any other applicable law. 

Æ 


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