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S. 2797: White Sands National Park Establishment Act

The text of the bill below is as of May 7, 2018 (Introduced).


II

115th CONGRESS

2d Session

S. 2797

IN THE SENATE OF THE UNITED STATES

May 7, 2018

(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.

Short title; table of contents

(a)

Short title

This Act may be cited as the White Sands National Park Establishment Act.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

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.

2.

Definitions

In this Act:

(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, United States Code.

(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.

(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 the date of enactment of this Act).

(6)

Park

The term Park means the White Sands National Park established by section 102(a).

(7)

Public Land Order

The term Public Land Order means Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822).

(8)

Secretary

The term Secretary means the Secretary of the Interior.

(9)

State

The term State means the State of New Mexico.

I

White Sands National Park

101.

Findings

Congress finds that—

(1)

White Sands National Monument was established on January 18, 1933, by President Herbert Hoover under chapter 3203 of title 54, United States Code (commonly known as the Antiquities Act of 1906);

(2)

President Hoover proclaimed that the Monument was established for the preservation of the white sands and additional features of scenic, scientific, and educational interest;

(3)

the Monument was expanded by Presidents Roosevelt, Eisenhower, Carter, and Clinton in 1934, 1942, 1953, 1978, and 1996, respectively;

(4)

the Monument contains a substantially more diverse set of nationally significant historical, archaeological, scientific, and natural resources than were known of at the time the Monument was established, including a number of recent discoveries;

(5)

the Monument is recognized as a major unit of the National Park System with extraordinary values enjoyed by more visitors each year since 1995 than any other unit in the State;

(6)

the Monument contributes significantly to the local economy by attracting tourists; and

(7)

designation of the Monument as a national park would increase public recognition of the diverse array of nationally significant resources at the Monument and visitation to the unit.

102.

Establishment of White Sands National Park

(a)

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.

(b)

Abolishment of White Sands National Monument

(1)

Abolishment

Due to the establishment of the Park, the Monument is abolished.

(2)

Incorporation

The land and interests in land that comprise the Monument are incorporated in, and shall be considered to be part of, the Park.

(c)

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.

(d)

Availability of Funds

Any funds available for the Monument shall be available for the Park.

(e)

Administration

The Secretary shall administer the Park in accordance with—

(1)

this title; and

(2)

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, United States Code.

(f)

World Heritage List nomination

(1)

County concurrence

The Secretary 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.

(2)

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 shall notify the Secretary of the Army of the intent of the Secretary to nominate the Park.

(g)

Effect

Nothing in this section affects—

(1)

valid existing rights (including water rights);

(2)

permits or contracts issued by the Monument;

(3)

existing agreements, including agreements with the Department of Defense;

(4)

the jurisdiction of the Department of Defense regarding the restricted airspace above the Park; or

(5)

the airshed classification of the Park under the Clean Air Act (42 U.S.C. 7401 et seq.).

II

Modification of boundaries of White Sands National Park and White Sands Missile Range

201.

Transfers of administrative jurisdiction

(a)

Transfer of administrative jurisdiction to the Secretary

(1)

In general

Administrative jurisdiction over the land described in paragraph (2) is transferred from the Secretary of the Army to the Secretary.

(2)

Description of land

The land referred to in paragraph (1) is—

(A)

the approximately 2,826 acres of land identified as To NPS, lands inside current boundary on the Map; and

(B)

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

(1)

In general

Administrative jurisdiction over the land described in paragraph (2) is transferred from the Secretary to the Secretary of the Army.

(2)

Description of land

The land referred to in paragraph (1) is the approximately 3,737 acres of land identified as To DOA on the Map.

202.

Boundary modifications

(a)

Park

(1)

In general

The boundary of the Park is revised to reflect the boundary depicted on the Map.

(2)

Map

(A)

In general

The Secretary, in coordination with the Secretary of the Army, shall prepare and keep on file for public inspection in the appropriate office of the Secretary a map and a legal description of the revised boundary of the Park.

(B)

Effect

The map and legal description under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description.

(3)

Boundary survey

As soon as practicable after the date of the establishment of the Park and subject to the availability of funds, the Secretary shall complete an official boundary survey of the Park.

(b)

Missile range

(1)

In general

The boundary of the missile range and the Public Land Order are modified to exclude the land transferred to the Secretary under section 201(a) and to include the land transferred to the Secretary of the Army under section 201(b).

(2)

Map

The Secretary shall prepare a map and legal description depicting the revised boundary of the missile range.

(c)

Conforming amendment

Section 2854 of Public Law 104–201 (54 U.S.C. 320301 note) is repealed.

203.

Administration

(a)

Park

The Secretary shall administer the land transferred under section 201(a) in accordance with laws (including regulations) applicable to the Park.

(b)

Missile range

Subject to subsection (c), the Secretary of the Army shall administer the land transferred to the Secretary of the Army under section 201(b) as part of the missile range.

(c)

Infrastructure; resource management

(1)

Range Road 7

(A)

Infrastructure management

To the maximum extent practicable, in planning, constructing, and managing infrastructure on the land described in subparagraph (C), 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 subparagraph.

(B)

Resource management

The Secretary of the Army shall—

(i)

manage the land described in subparagraph (C) in a manner consistent with the protection of natural and cultural resources within the missile range and the Park and in accordance with section 101(a)(1)(B) of the Sikes Act (16 U.S.C. 670a(a)(1)(B)), division A of subtitle III of title 54, United States Code, and the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and

(ii)

include the land described in subparagraph (C) in the integrated natural and cultural resource management plan for the missile range.

(C)

Description of land

The land referred to in subparagraphs (A) and (B) is the land that is transferred to the administrative jurisdiction of the Secretary of the Army under section 201(b) and located in the area east of Range Road 7 in—

(i)

T. 17 S., R. 5 E., sec. 31;

(ii)

T. 18 S., R. 5 E.; and

(iii)

T. 19 S., R. 5 E., sec. 5.

(2)

Fence

(A)

In general

The Secretary of the Army shall continue to allow the Secretary to maintain the fence shown on the Map until such time as the Secretary determines that the fence is unnecessary for the management of the Park.

(B)

Removal

If the Secretary determines that the fence is unnecessary for the management of the Park under subparagraph (A), the Secretary shall promptly remove the fence at the expense of the Department of the Interior.

(d)

Research

The Secretary of the Army and the Secretary may enter into an agreement to allow the Secretary to conduct certain research in the area identified as Cooperative Use Research Area on the Map.

(e)

Military munitions and munitions debris

(1)

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 section 201(a) to the same extent as on the day before the date of enactment of this Act.

(2)

Investigation of military munitions and munitions debris

(A)

In general

The Secretary may request that the Secretary of the Army conduct one or more investigations of military munitions or munitions debris on any land transferred under section 201(a).

(B)

Access

The Secretary shall give access to the Secretary of the Army to the land covered by a request under subparagraph (A) for the purposes of conducting the one or more investigations under that subparagraph.

(C)

Limitation

An investigation conducted under this paragraph shall be subject to available appropriations.

(3)

Applicable law

Any activities undertaken under this subsection shall be carried out in accordance with—

(A)

the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);

(B)

the purposes for which the Park was established; and

(C)

any other applicable law.