II
116th CONGRESS
1st Session
S. 871
IN THE SENATE OF THE UNITED STATES
March 26, 2019
Mr. Heinrich (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.
Short title; table of contents
Short title
This Act may be cited as the White Sands National Park Establishment Act
.
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.
Definitions
In this Act:
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.
Military munitions
The term military munitions has the meaning given the term in section 101(e) of title 10, United States Code.
Missile range
The term missile range means the White Sands Missile Range, New Mexico, administered by the Secretary of the Army.
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.
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).
Park
The term Park means the White Sands National Park established by section 102(a).
Public Land Order
The term Public Land Order means Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822).
Secretary
The term Secretary means the Secretary of the Interior.
State
The term State means the State of New Mexico.
White Sands National Park
Findings
Congress finds that—
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
);
President Hoover proclaimed that the Monument was established for the preservation of the white sands and additional features of scenic, scientific, and educational interest
;
the Monument was expanded by Presidents Roosevelt, Eisenhower, Carter, and Clinton in 1934, 1942, 1953, 1978, and 1996, respectively;
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;
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;
the Monument contributes significantly to the local economy by attracting tourists; and
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.
Establishment of White Sands National Park
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.
Abolishment of White Sands National Monument
Abolishment
Due to the establishment of the Park, the Monument is abolished.
Incorporation
The land and interests in land that comprise the Monument are incorporated in, and shall be considered to be part of, the Park.
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
.
Availability of funds
Any funds available for the Monument shall be available for the Park.
Administration
The Secretary shall administer the Park in accordance with—
this title; 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, United States Code.
World Heritage List nomination
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.
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.
Effect
Nothing in this section 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.).
Modification of boundaries of White Sands National Park and White Sands Missile Range
Transfers of administrative jurisdiction
Transfer of administrative jurisdiction to the Secretary
In general
Administrative jurisdiction over the land described in paragraph (2) is transferred from the Secretary of the Army to the Secretary.
Description of land
The land referred to in paragraph (1) 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.
Transfer of administrative jurisdiction to the Secretary of the Army
In general
Administrative jurisdiction over the land described in paragraph (2) is transferred from the Secretary to the Secretary of the Army.
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.
Boundary modifications
Park
In general
The boundary of the Park is revised to reflect the boundary depicted on the Map.
Map
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.
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.
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.
Missile range
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).
Map
The Secretary shall prepare a map and legal description depicting the revised boundary of the missile range.
Conforming amendment
Section 2854 of Public Law 104–201 (54 U.S.C. 320301 note) is repealed.
Administration
Park
The Secretary shall administer the land transferred under section 201(a) in accordance with laws (including regulations) applicable to the Park.
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.
Infrastructure; resource management
Range Road 7
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.
Resource management
The Secretary of the Army shall—
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
include the land described in subparagraph (C) in the integrated natural and cultural resource management plan for the missile range.
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—
T. 17 S., R. 5 E., sec. 31;
T. 18 S., R. 5 E.; and
T. 19 S., R. 5 E., sec. 5.
Fence
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.
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.
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.
Military munitions and munitions debris
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.
Investigation of military munitions and munitions debris
In general
The Secretary may request that the Secretary of the Army conduct 1 or more investigations of military munitions or munitions debris on any land transferred under section 201(a).
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 1 or more investigations under that subparagraph.
Limitation
An investigation conducted under this paragraph shall be subject to available appropriations.
Applicable law
Any activities undertaken under this subsection 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.
