16 U.S.C. § 410dddd — White Sands National Park
submitted 7 years ago by Pub. L. 116-92 to r/title-16-CONSERVATION · 1,575 words · no verdicts yet
This law establishes White Sands National Park in New Mexico, replacing White Sands National Monument, which is abolished and folded into the new park. It transfers land between the National Park Service and the Army's White Sands Missile Range, redraws both areas' boundaries, and sets rules for managing infrastructure, fences, research, and unexploded military munitions on the transferred land.
(a) Definitions
This section defines several terms: (1) "Map" means the boundary-revision and land-transfer map numbered 142/136,271, dated February 14, 2017. (2) "Military munitions" has the meaning given in section 101(e) of title 10. (3) "Missile range" means the White Sands Missile Range, run by the Secretary of the Army. (4) "Monument" means White Sands National Monument, created in 1933 and run by the Secretary of the Interior. (5) "Munitions debris" has the meaning given in a specific Department of Defense safety manual. (6) "Park" means the White Sands National Park created by subsection (b)(1). (7) "Public land order" means Public Land Order 833, from May 21, 1952. (8) "State" means New Mexico.
(b) White Sands National Park
(1) Establishment: This subsection creates White Sands National Park in New Mexico, as a National Park System unit, to protect and restore its scenic, scientific, natural, historic, cultural, and other values and improve visitor experiences.
(2) Abolishment of White Sands National Monument: (A) Because the park is created, the Monument is abolished. (B) The Monument's land becomes part of the park.
(3) References: Any reference in federal law, maps, or records to "White Sands National Monument" now means "White Sands National Park."
(4) Availability of funds: Any money available for the Monument becomes available for the park instead.
(5) Administration: The Secretary of the Interior runs the park under (A) this subsection and (B) the laws generally applying to National Park System units, including several listed sections of title 54.
(6) World Heritage List nomination: (A) The Secretary of the Interior cannot nominate the park for the World Heritage List unless every county the park sits in agrees. (B) Before nominating it, the Secretary of the Interior must tell the Secretary of the Army about the plan to nominate it.
(7) Effect: This subsection does not change (A) valid existing rights, including water rights; (B) permits or contracts the Monument issued; (C) existing agreements, including ones with the Department of Defense; (D) the Department of Defense's authority over restricted airspace above the park; or (E) the park's air-quality classification under the Clean Air Act.
(c) Modification of Boundaries of White Sands National Park and White Sands Missile Range
(1) Transfers of administrative jurisdiction: (A) The Secretary of the Army transfers control of about 2,826 acres already inside the current boundary, plus about 5,766 acres of new additions — both shown on the Map — to the Secretary of the Interior. (B) The Secretary of the Interior transfers control of about 3,737 acres, shown on the Map, to the Secretary of the Army.
(2) Boundary modifications: (A) Park: (i) The park's boundary changes to match the Map. (ii) The Secretary of the Interior, working with the Secretary of the Army, must prepare and keep on file a map and legal description of the new boundary, which has the same legal force as if it were written into this section, though the Secretary of the Interior may fix clerical errors. (iii) As soon as practical, and if funds are available, the Secretary of the Interior must complete an official survey of the park's boundary. (B) Missile range: (i) The missile range's boundary and Public Land Order are changed to remove the land given to the Secretary of the Interior and add the land given to the Secretary of the Army. (ii) The Secretary of the Interior must prepare a map and legal description of the missile range's new boundary. (C) Omitted.
(3) Administration: (A) Park: The Secretary of the Interior manages the newly transferred park land under the laws that apply to the park. (B) Missile range: Subject to subparagraph (C), the Secretary of the Army manages the newly transferred land as part of the missile range. (C) Infrastructure; resource management: (i) Range Road 7: For land east of Range Road 7 in specific survey sections, the Secretary of the Army must, as much as practical, use low-impact development to prevent stormwater runoff from harming the missile range and park, must manage the land in a way that protects natural and cultural resources (including under the Native American Graves Protection and Repatriation Act), and must include the land in the missile range's resource management plan. (ii) Fence: The Secretary of the Army must keep letting the Secretary of the Interior maintain the fence shown on the Map until the Secretary of the Interior decides it's no longer needed for the park — at which point the Secretary of the Interior must promptly remove it at the Department of the Interior's expense. (D) Research: The two Secretaries may agree to let the Secretary of the Interior do certain research in the "Cooperative Use Research Area" shown on the Map. (E) Military munitions and munitions debris: (i) The Secretary of the Army stays responsible for cleaning up military munitions or munitions debris on the transferred park land, just as before December 20, 2019. (ii) The Secretary of the Interior may ask the Secretary of the Army to investigate munitions or debris on that land; the Secretary of the Interior must give the Army access to do so, but this depends on available funding. (iii) Any such activity must follow the federal Superfund law (CERCLA), the park's purposes, and other applicable law.
In this section:
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.
The term “military munitions” has the meaning given the term in section 101(e) 1 of title 10.
The term “missile range” means the White Sands Missile Range, New Mexico, administered by the Secretary of the Army.
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.
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).
The term “Park” means the White Sands National Park established by subsection (b)(1).
The term “Public Land Order” means Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822).
The term “State” means the State of New Mexico.
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.
Due to the establishment of the Park, the Monument is abolished.
The land and interests in land that comprise the Monument are incorporated in, and shall be considered to be part of, the Park.
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”.
Any funds available for the Monument shall be available for the Park.
The Secretary of the Interior shall administer the Park in accordance with—
this subsection; and
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.
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.
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.
Nothing in this subsection affects—
valid existing rights (including water rights);
permits or contracts issued by the Monument;
existing agreements, including agreements with the Department of Defense;
the jurisdiction of the Department of Defense regarding the restricted airspace above the Park; or
the airshed classification of the Park under the Clean Air Act (42 U.S.C. 7401 et seq.).
Administrative jurisdiction over the land described in clause (ii) is transferred from the Secretary of the Army to the Secretary of the Interior.
The land referred to in clause (i) is—
the approximately 2,826 acres of land identified as “To NPS, lands inside current boundary” on the Map; and
the approximately 5,766 acres of land identified as “To NPS, new additions” on the Map.
Administrative jurisdiction over the land described in clause (ii) is transferred from the Secretary of the Interior to the Secretary of the Army.
The land referred to in clause (i) is the approximately 3,737 acres of land identified as “To DOA” on the Map.
The boundary of the Park is revised to reflect the boundary depicted on the Map.
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.
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.
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.
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).
The Secretary of the Interior shall prepare a map and legal description depicting the revised boundary of the missile range.
The Secretary of the Interior shall administer the land transferred under paragraph (1)(A) in accordance with laws (including regulations) applicable to the Park.
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.
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.
The Secretary of the Army shall—
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
include the land described in subclause (III) in the integrated natural and cultural resource management plan for the missile range.
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—
T. 17 S., R. 5 E., sec. 31;
T. 18 S., R. 5 E.; and
T. 19 S., R. 5 E., sec. 5.
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.
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.
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.
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.
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).
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.
An investigation conducted under this clause shall be subject to available appropriations.
Any activities undertaken under this subparagraph shall be carried out in accordance with—
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
the purposes for which the Park was established; and
any other applicable law.
Source credit: (Pub. L. 116–92, div. B, title XXVIII, § 2851, Dec. 20, 2019, 133 Stat. 1895.)
- 2019Enacted · Pub. L. 116-92 · 133 Stat. 1895
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-92 on 2019-12-20.
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