I 

116TH CONGRESS 

1ST SESSION H. R. 1891 

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 HOUSE OF REPRESENTATIVES 

MARCH 26, 2019 

Ms. TORRES SMALL of New Mexico (for herself, Ms. HAALAND, and Mr. 

LUJA ́N) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Armed 

Services, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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. 


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Sec. 2. Definitions. 

TITLE I—WHITE SANDS NATIONAL PARK 

Sec. 101. Findings. 

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 


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1 8 of the Department of Defense Manual Number 

2 6055.09–M entitled ‘‘DoD Ammunitions and Explo3 sives Safety Standards’’ and dated February 29, 

4 2008 (as in effect on the date of enactment of this 

5 Act). 

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

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

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

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

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

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

12 the Secretary of the Interior. 

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

14 of New Mexico. 

15 TITLE I—WHITE SANDS 

16 NATIONAL PARK 

17 SEC. 101. FINDINGS. 

18 Congress finds that— 

19 (1) White Sands National Monument was es20 tablished on January 18, 1933, by President Her21 bert Hoover under chapter 3203 of title 54, United 

22 States Code (commonly known as the ‘‘Antiquities 

23 Act of 1906’’); 

24 (2) President Hoover proclaimed that the 

25 Monument was established ‘‘for the preservation of 


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1 the white sands and additional features of scenic, 

2 scientific, and educational interest’’; 

3 (3) the Monument was expanded by Presidents 

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

5 1942, 1953, 1978, and 1996, respectively; 

6 (4) the Monument contains a substantially 

7 more diverse set of nationally significant historical, 

8 archaeological, scientific, and natural resources than 

9 were known of at the time the Monument was estab10 lished, including a number of recent discoveries; 

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

12 of the National Park System with extraordinary val13 ues enjoyed by more visitors each year since 1995 

14 than any other unit in the State; 

15 (6) the Monument contributes significantly to 

16 the local economy by attracting tourists; and 

17 (7) designation of the Monument as a national 

18 park would increase public recognition of the diverse 

19 array of nationally significant resources at the 

20 Monument and visitation to the unit. 

21 SEC. 102. ESTABLISHMENT OF WHITE SANDS NATIONAL 

22 PARK. 

23 (a) ESTABLISHMENT.—To protect, preserve, and re24 store its scenic, scientific, educational, natural, geological, 

25 historical, cultural, archaeological, paleontological, 


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

2 enhance visitor experiences, there is established in the 

3 State the White Sands National Park as a unit of the Na4 tional Park System. 

5 (b) ABOLISHMENT OF WHITE SANDS NATIONAL

6 MONUMENT.— 

7 (1) ABOLISHMENT.—Due to the establishment 

8 of the Park, the Monument is abolished. 

9 (2) INCORPORATION.—The land and interests 

10 in land that comprise the Monument are incor11 porated in, and shall be considered to be part of, the 

12 Park. 

13 (c) REFERENCES.—Any reference in a law, map, reg14 ulation, document, paper, or other record of the United 

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

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

17 Park’’. 

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

19 for the Monument shall be available for the Park. 

20 (e) ADMINISTRATION.—The Secretary shall admin21 ister the Park in accordance with— 

22 (1) this title; and 

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

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

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


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

2 States Code. 

3 (f) WORLD HERITAGE LIST NOMINATION.— 

4 (1) COUNTY CONCURRENCE.—The Secretary 

5 shall not submit a nomination for the Park to be in6 cluded on the World Heritage List of the United 

7 Nations Educational, Scientific and Cultural Organi8 zation unless each county in which the Park is lo9 cated concurs in the nomination. 

10 (2) ARMY NOTIFICATION.—Before submitting a 

11 nomination for the Park to be included on the World 

12 Heritage List of the United Nations Educational, 

13 Scientific and Cultural Organization, the Secretary 

14 shall notify the Secretary of the Army of the intent 

15 of the Secretary to nominate the Park. 

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

17 (1) valid existing rights (including water 

18 rights); 

19 (2) permits or contracts issued by the Monu20 ment; 

21 (3) existing agreements, including agreements 

22 with the Department of Defense; 

23 (4) the jurisdiction of the Department of De24 fense regarding the restricted airspace above the 

25 Park; or 


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1 (5) the airshed classification of the Park under 

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

3 TITLE II—MODIFICATION OF 

4 BOUNDARIES OF WHITE 

5 SANDS NATIONAL PARK AND 

6 WHITE SANDS MISSILE 

7 RANGE 

8 SEC. 201. TRANSFERS OF ADMINISTRATIVE JURISDICTION. 

9 (a) TRANSFER OF ADMINISTRATIVE JURISDICTION

10 TO THE SECRETARY.— 

11 (1) IN GENERAL.—Administrative jurisdiction 

12 over the land described in paragraph (2) is trans13 ferred from the Secretary of the Army to the Sec14 retary. 

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

16 to in paragraph (1) is— 

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

18 identified as ‘‘To NPS, lands inside current 

19 boundary’’ on the Map; and 

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

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

22 Map. 

23 (b) TRANSFER OF ADMINISTRATIVE JURISDICTION

24 TO THE SECRETARY OF THE ARMY.— 


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1 (1) IN GENERAL.—Administrative jurisdiction 

2 over the land described in paragraph (2) is trans3 ferred from the Secretary to the Secretary of the 

4 Army. 

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

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

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

8 SEC. 202. BOUNDARY MODIFICATIONS. 

9 (a) PARK.— 

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

11 revised to reflect the boundary depicted on the Map. 

12 (2) MAP.— 

13 (A) IN GENERAL.—The Secretary, in co14 ordination with the Secretary of the Army, shall 

15 prepare and keep on file for public inspection in 

16 the appropriate office of the Secretary a map 

17 and a legal description of the revised boundary 

18 of the Park. 

19 (B) EFFECT.—The map and legal descrip20 tion under subparagraph (A) shall have the 

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

22 except that the Secretary may correct clerical 

23 and typographical errors in the map and legal 

24 description. 


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1 (3) BOUNDARY SURVEY.—As soon as prac2 ticable after the date of the establishment of the 

3 Park and subject to the availability of funds, the 

4 Secretary shall complete an official boundary survey 

5 of the Park. 

6 (b) MISSILE RANGE.— 

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

8 range and the Public Land Order are modified to 

9 exclude the land transferred to the Secretary under 

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

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

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

13 and legal description depicting the revised boundary 

14 of the missile range. 

15 (c) CONFORMING AMENDMENT.—Section 2854 of 

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

17 SEC. 203. ADMINISTRATION. 

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

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

20 (including regulations) applicable to the Park. 

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

22 Secretary of the Army shall administer the land trans23 ferred to the Secretary of the Army under section 201(b) 

24 as part of the missile range. 

25 (c) INFRASTRUCTURE; RESOURCE MANAGEMENT.— 


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1 (1) RANGE ROAD 7.— 

2 (A) INFRASTRUCTURE MANAGEMENT.—To 

3 the maximum extent practicable, in planning, 

4 constructing, and managing infrastructure on 

5 the land described in subparagraph (C), the 

6 Secretary of the Army shall apply low-impact 

7 development techniques and strategies to pre8 vent impacts within the missile range and the 

9 Park from stormwater runoff from the land de10 scribed in that subparagraph. 

11 (B) RESOURCE MANAGEMENT.—The Sec12 retary of the Army shall— 

13 (i) manage the land described in sub14 paragraph (C) in a manner consistent with 

15 the protection of natural and cultural re16 sources within the missile range and the 

17 Park and in accordance with section 

18 101(a)(1)(B) of the Sikes Act (16 U.S.C. 

19 670a(a)(1)(B)), division A of subtitle III of 

20 title 54, United States Code, and the Na21 tive American Graves Protection and Re22 patriation Act (25 U.S.C. 3001 et seq.); 

23 and 

24 (ii) include the land described in sub25 paragraph (C) in the integrated natural 


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1 and cultural resource management plan for 

2 the missile range. 

3 (C) DESCRIPTION OF LAND.—The land re4 ferred to in subparagraphs (A) and (B) is the 

5 land that is transferred to the administrative 

6 jurisdiction of the Secretary of the Army under 

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

8 Range Road 7 in— 

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

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

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

12 (2) FENCE.— 

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

14 Army shall continue to allow the Secretary to 

15 maintain the fence shown on the Map until 

16 such time as the Secretary determines that the 

17 fence is unnecessary for the management of the 

18 Park. 

19 (B) REMOVAL.—If the Secretary deter20 mines that the fence is unnecessary for the 

21 management of the Park under subparagraph 

22 (A), the Secretary shall promptly remove the 

23 fence at the expense of the Department of the 

24 Interior. 


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

2 Secretary may enter into an agreement to allow the Sec3 retary to conduct certain research in the area identified 

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

5 (e) MILITARY MUNITIONS AND MUNITIONS DE6 BRIS.— 

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

8 Federal liability, the Secretary of the Army shall re9 main responsible for any response action addressing 

10 military munitions or munitions debris on the land 

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

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

13 Act. 

14 (2) INVESTIGATION OF MILITARY MUNITIONS

15 AND MUNITIONS DEBRIS.— 

16 (A) IN GENERAL.—The Secretary may re17 quest that the Secretary of the Army conduct 

18 one or more investigations of military munitions 

19 or munitions debris on any land transferred 

20 under section 201(a). 

21 (B) ACCESS.—The Secretary shall give ac22 cess to the Secretary of the Army to the land 

23 covered by a request under subparagraph (A) 

24 for the purposes of conducting the one or more 

25 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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