16 USC 410 - White Sands National Park

View all text of Subchapter LIX- BBB [§ 410dddd - § 410dddd]

§ 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;

(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.).

(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.

(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.

(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.)