16 U.S.C. § 410dddd (CONSERVATION)
§ 410dddd. White Sands National Park
(a) Definitions
In this section:
(1) Map
The term “Map” means the map entitled “White Sands National Park Proposed Boundary Revision & Transfer of Lands Between National Park Service & Department of the Army”, numbered 142/136,271, and dated February 14, 2017.
(2) Military munitions
The term “military munitions” has the meaning given the term in section 101(e) of title 10.
(3) Missile range
The term “missile range” means the White Sands Missile Range, New Mexico, administered by the Secretary of the Army.
(4) Monument
The term “Monument” means the White Sands National Monument, New Mexico, established by Presidential Proclamation No. 2025 (54 U.S.C. 320301 note), dated January 18, 1933, and administered by the Secretary of the Interior.
(5) Munitions debris
The term “munitions debris” has the meaning given the term in volume 8 of the Department of Defense Manual Number 6055.09-M entitled “DoD Ammunitions and Explosives Safety Standards” and dated February 29, 2008 (as in effect on December 20, 2019).
(6) Park
The term “Park” means the White Sands National Park established by subsection (b)(1).
(7) Public land order
The term “Public Land Order” means Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822).
(8) State
The term “State” means the State of New Mexico.
(b) White Sands National Park
(1) Establishment
To protect, preserve, and restore its scenic, scientific, educational, natural, geological, historical, cultural, archaeological, paleontological, hydrological, fish, wildlife, and recreational values and to enhance visitor experiences, there is established in the State the White Sands National Park as a unit of the National Park System.
(2) Abolishment of White Sands National Monument
(A) Abolishment
Due to the establishment of the Park, the Monument is abolished.
(B) Incorporation
The land and interests in land that comprise the Monument are incorporated in, and shall be considered to be part of, the Park.
(3) References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the “White Sands National Monument” shall be considered to be a reference to the “White Sands National Park”.
(4) Availability of funds
Any funds available for the Monument shall be available for the Park.
(5) Administration
The Secretary of the Interior shall administer the Park in accordance with—
(A) this subsection; and
(B) the laws generally applicable to units of the National Park System, including section 100101(a), chapter 1003, sections 100751(a), 100752, 100753, and 102101, and chapter 3201 of title 54.
(6) World Heritage List nomination
(A) County concurrence
The Secretary of the Interior shall not submit a nomination for the Park to be included on the World Heritage List of the United Nations Educational, Scientific and Cultural Organization unless each county in which the Park is located concurs in the nomination.
(B) Army notification
Before submitting a nomination for the Park to be included on the World Heritage List of the United Nations Educational, Scientific and Cultural Organization, the Secretary of the Interior shall notify the Secretary of the Army of the intent of the Secretary of the Interior to nominate the Park.
(7) Effect
Nothing in this subsection affects—
(A) valid existing rights (including water rights);
(B) permits or contracts issued by the Monument;
(C) existing agreements, including agreements with the Department of Defense;
(D) the jurisdiction of the Department of Defense regarding the restricted airspace above the Park; or
(E) the airshed classification of the Park under the Clean Air Act (42 U.S.C. 7401 et seq.).
(c) Modification of Boundaries of White Sands National Park and White Sands Missile Range
(1) Transfers of administrative jurisdiction
(A) Transfer of administrative jurisdiction to the Secretary of the Interior
(i) In general
Administrative jurisdiction over the land described in clause (ii) is transferred from the Secretary of the Army to the Secretary of the Interior.
(ii) Description of land
The land referred to in clause (i) is—
(I) the approximately 2,826 acres of land identified as “To NPS, lands inside current boundary” on the Map; and
(II) the approximately 5,766 acres of land identified as “To NPS, new additions” on the Map.
(B) Transfer of administrative jurisdiction to the Secretary of the Army
(i) In general
Administrative jurisdiction over the land described in clause (ii) is transferred from the Secretary of the Interior to the Secretary of the Army.
(ii) Description of land
The land referred to in clause (i) is the approximately 3,737 acres of land identified as “To DOA” on the Map.
(2) Boundary modifications
(A) Park
(i) In general
The boundary of the Park is revised to reflect the boundary depicted on the Map.
(ii) Map
(I) In general
The Secretary of the Interior, in coordination with the Secretary of the Army, shall prepare and keep on file for public inspection in the appropriate office of the Secretary of the Interior a map and a legal description of the revised boundary of the Park.
(II) Effect
The map and legal description under subclause (I) shall have the same force and effect as if included in this section, except that the Secretary of the Interior may correct clerical and typographical errors in the map and legal description.
(iii) Boundary survey
As soon as practicable after the date of the establishment of the Park and subject to the availability of funds, the Secretary of the Interior shall complete an official boundary survey of the Park.
(B) Missile range
(i) In general
The boundary of the missile range and the Public Land Order are modified to exclude the land transferred to the Secretary of the Interior under paragraph (1)(A) and to include the land transferred to the Secretary of the Army under paragraph (1)(B).
(ii) Map
The Secretary of the Interior shall prepare a map and legal description depicting the revised boundary of the missile range.
(C) Omitted
(3) Administration
(A) Park
The Secretary of the Interior shall administer the land transferred under paragraph (1)(A) in accordance with laws (including regulations) applicable to the Park.
(B) Missile range
Subject to subparagraph (C), the Secretary of the Army shall administer the land transferred to the Secretary of the Army under paragraph (1)(B) as part of the missile range.
(C) Infrastructure; resource management
(i) Range road 7
(I) Infrastructure management
To the maximum extent practicable, in planning, constructing, and managing infrastructure on the land described in subclause (III), the Secretary of the Army shall apply low-impact development techniques and strategies to prevent impacts within the missile range and the Park from stormwater runoff from the land described in that subclause.
(II) Resource management
The Secretary of the Army shall—
(aa) manage the land described in subclause (III) in a manner consistent with the protection of natural and cultural resources within the missile range and the Park and in accordance with section 670a(a)(1)(B) of this title, division A of subtitle III of title 54, and the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and
(bb) include the land described in subclause (III) in the integrated natural and cultural resource management plan for the missile range.
(III) Description of land
The land referred to in subclauses (I) and (II) is the land that is transferred to the administrative jurisdiction of the Secretary of the Army under paragraph (1)(B) and located in the area east of Range Road 7 in—
(aa) T. 17 S., R. 5 E., sec. 31;
(bb) T. 18 S., R. 5 E.; and
(cc) T. 19 S., R. 5 E., sec. 5.
(ii) Fence
(I) In general
The Secretary of the Army shall continue to allow the Secretary of the Interior to maintain the fence shown on the Map until such time as the Secretary of the Interior determines that the fence is unnecessary for the management of the Park.
(II) Removal
If the Secretary of the Interior determines that the fence is unnecessary for the management of the Park under subclause (I), the Secretary of the Interior shall promptly remove the fence at the expense of the Department of the Interior.
(D) Research
The Secretary of the Army and the Secretary of the Interior may enter into an agreement to allow the Secretary of the Interior to conduct certain research in the area identified as “Cooperative Use Research Area” on the Map.
(E) Military munitions and munitions debris
(i) Response action
With respect to any Federal liability, the Secretary of the Army shall remain responsible for any response action addressing military munitions or munitions debris on the land transferred under paragraph (1)(A) to the same extent as on the day before December 20, 2019.
(ii) Investigation of military munitions and munitions debris
(I) In general
The Secretary of the Interior may request that the Secretary of the Army conduct 1 or more investigations of military munitions or munitions debris on any land transferred under paragraph (1)(A).
(II) Access
The Secretary of the Interior shall give access to the Secretary of the Army to the land covered by a request under subclause (I) for the purposes of conducting the 1 or more investigations under that subclause.
(III) Limitation
An investigation conducted under this clause shall be subject to available appropriations.
(iii) Applicable law
Any activities undertaken under this subparagraph shall be carried out in accordance with—
(I) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(II) the purposes for which the Park was established; and
(III) any other applicable law.
(Pub. L. 116–92, div. B, title XXVIII, § 2851, Dec. 20, 2019, 133 Stat. 1895.)
heading: Editorial Notes
heading: References in Text
text: Presidential Proclamation No. 2025, referred to in subsec. (a)(4), is Proc. No. 2025, Jan. 18, 1933, 47 Stat. 2551, which is listed in a table of National Monuments Established Under Presidential Proclamation set out under section 320301 of Title 54, National Park Service and Related Programs.
The Clean Air Act, referred to in subsec. (b)(7)(E), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The Native American Graves Protection and Repatriation Act, referred to in subsec. (c)(3)(C)(i)(II)(aa), is Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, which is classified principally to chapter 32 (§ 3001 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of Title 25 and Tables.
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in subsec. (c)(3)(E)(iii)(I), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables.
heading: Codification
text: Section is comprised of section 2851 of Pub. L. 116–92. Subsec. (c)(2)(C) of section 2851 of Pub. L. 116–92 repealed section 2854 of Pub. L. 104–201, div. B, title XXVIII, Sept. 23, 1996, 110 Stat. 2803, which is listed in a table of National Monuments Established Under Presidential Proclamation set out under section 320301 of Title 54, National Park Service and Related Programs.