White Sands National Park Establishment Act

II 116TH CONGRESS 1ST SESSION S. 871 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. 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘White Sands National Park Establishment Act’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—WHITE SANDS NATIONAL PARK Sec. 101. Findings. VerDate Sep 11 2014 05:20 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S871.IS S871 kjohnson on DSK79L0C42 with BILLS 2 •S 871 IS 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. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) MAP.—The term ‘‘Map’’ means the map en- 3 titled ‘‘White Sands National Park Proposed Bound- 4 ary Revision & Transfer of Lands Between National 5 Park Service & Department of the Army’’, numbered 6 142/136,271, and dated February 14, 2017. 7 (2) MILITARY MUNITIONS.—The term ‘‘military 8 munitions’’ has the meaning given the term in sec- 9 tion 101(e) of title 10, United States Code. 10 (3) MISSILE RANGE.—The term ‘‘missile 11 range’’ means the White Sands Missile Range, New 12 Mexico, administered by the Secretary of the Army. 13 (4) MONUMENT.—The term ‘‘Monument’’ 14 means the White Sands National Monument, New 15 Mexico, established by Presidential Proclamation 16 No. 2025 (54 U.S.C. 320301 note), dated January 17 18, 1933, and administered by the Secretary. 18 (5) MUNITIONS DEBRIS.—The term ‘‘munitions 19 debris’’ has the meaning given the term in volume 20 8 of the Department of Defense Manual Number 21 6055.09–M entitled ‘‘DoD Ammunitions and Explo- 22 VerDate Sep 11 2014 05:20 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S871.IS S871 kjohnson on DSK79L0C42 with BILLS 3 •S 871 IS sives Safety Standards’’ and dated February 29, 1 2008 (as in effect on the date of enactment of this 2 Act). 3 (6) PARK.—The term ‘‘Park’’ means the White 4 Sands National Park established by section 102(a). 5 (7) PUBLIC LAND ORDER.—The term ‘‘Public 6 Land Order’’ means Public Land Order 833, dated 7 May 21, 1952 (17 Fed. Reg. 4822). 8 (8) SECRETARY.—The term ‘‘Secretary’’ means 9 the Secretary of the Interior. 10 (9) STATE.—The term ‘‘State’’ means the State 11 of New Mexico. 12 TITLE I—WHITE SANDS 13 NATIONAL PARK 14 SEC. 101. FINDINGS. 15 Congress finds that— 16 (1) White Sands National Monument was es- 17 tablished on January 18, 1933, by President Her- 18 bert Hoover under chapter 3203 of title 54, United 19 States Code (commonly known as the ‘‘Antiquities 20 Act of 1906’’); 21 (2) President Hoover proclaimed that the 22 Monument was established ‘‘for the preservation of 23 the white sands and additional features of scenic, 24 scientific, and educational interest’’; 25 VerDate Sep 11 2014 05:20 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S871.IS S871 kjohnson on DSK79L0C42 with BILLS 4 •S 871 IS (3) the Monument was expanded by Presidents 1 Roosevelt, Eisenhower, Carter, and Clinton in 1934, 2 1942, 1953, 1978, and 1996, respectively; 3 (4) the Monument contains a substantially 4 more diverse set of nationally significant historical, 5 archaeological, scientific, and natural resources than 6 were known of at the time the Monument was estab- 7 lished, including a number of recent discoveries; 8 (5) the Monument is recognized as a major unit 9 of the National Park System with extraordinary val- 10 ues enjoyed by more visitors each year since 1995 11 than any other unit in the State; 12 (6) the Monument contributes significantly to 13 the local economy by attracting tourists; and 14 (7) designation of the Monument as a national 15 park would increase public recognition of the diverse 16 array of nationally significant resources at the 17 Monument and visitation to the unit. 18 SEC. 102. ESTABLISHMENT OF WHITE SANDS NATIONAL 19 PARK. 20 (a) ESTABLISHMENT.—To protect, preserve, and re- 21 store its scenic, scientific, educational, natural, geological, 22 historical, cultural, archaeological, paleontological, 23 hydrological, fish, wildlife, and recreational values and to 24 enhance visitor experiences, there is established in the 25 VerDate Sep 11 2014 05:20 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S871.IS S871 kjohnson on DSK79L0C42 with BILLS 5 •S 871 IS State the White Sands National Park as a unit of the Na- 1 tional Park System. 2 (b) ABOLISHMENT OF WHITE SANDS NATIONAL 3 MONUMENT.— 4 (1) ABOLISHMENT.—Due to the establishment 5 of the Park, the Monument is abolished. 6 (2) INCORPORATION.—The land and interests 7 in land that comprise the Monument are incor- 8 porated in, and shall be considered to be part of, the 9 Park. 10 (c) REFERENCES.—Any reference in a law, map, reg- 11 ulation, document, paper, or other record of the United 12 States to the ‘‘White Sands National Monument’’ shall be 13 considered to be a reference to the ‘‘White Sands National 14 Park’’. 15 (d) AVAILABILITY OF FUNDS.—Any funds available 16 for the Monument shall be available for the Park. 17 (e) ADMINISTRATION.—The Secretary shall admin- 18 ister the Park in accordance with— 19 (1) this title; and 20 (2) the laws generally applicable to units of the 21 National Park System, including section 100101(a), 22 chapter 1003, sections 100751(a), 100752, 100753, 23 and 102101, and chapter 3201 of title 54, United 24 States Code. 25 VerDate Sep 11 2014 05:20 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S871.IS S871 kjohnson on DSK79L0C42 with BILLS 6 •S 871 IS (f) WORLD HERITAGE LIST NOMINATION.— 1 (1) COUNTY CONCURRENCE.—The Secretary 2 shall not submit a nomination for the Park to be in- 3 cluded on the World Heritage List of the United 4 Nations Educational, Scientific and Cultural Organi- 5 zation unless each county in which the Park is lo- 6 cated concurs in the nomination. 7 (2) ARMY NOTIFICATION.—Before submitting a 8 nomination for the Park to be included on the World 9 Heritage List of the United Nations Educational, 10 Scientific and Cultural Organization, the Secretary 11 shall notify the Secretary of the Army of the intent 12 of the Secretary to nominate the Park. 13 (g) EFFECT.—Nothing in this section affects— 14 (1) valid existing rights (including water 15 rights); 16 (2) permits or contracts issued by the Monu- 17 ment; 18 (3) existing agreements, including agreements 19 with the Department of Defense; 20 (4) the jurisdiction of the Department of De- 21 fense regarding the restricted airspace above the 22 Park; or 23 (5) the airshed classification of the Park under 24 the Clean Air Act (42 U.S.C. 7401 et seq.). 25 VerDate Sep 11 2014 05:20 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S871.IS S871 kjohnson on DSK79L0C42 with BILLS 7 •S 871 IS TITLE II—MODIFICATION OF 1 BOUNDARIES OF WHITE 2 SANDS NATIONAL PARK AND 3 WHITE SANDS MISSILE 4 RANGE 5 SEC. 201. TRANSFERS OF ADMINISTRATIVE JURISDICTION. 6 (a) TRANSFER OF ADMINISTRATIVE JURISDICTION 7 TO THE SECRETARY.— 8 (1) IN GENERAL.—Administrative jurisdiction 9 over the land described in paragraph (2) is trans- 10 ferred from the Secretary of the Army to the Sec- 11 retary. 12 (2) DESCRIPTION OF LAND.—The land referred 13 to in paragraph (1) is— 14 (A) the approximately 2,826 acres of land 15 identified as ‘‘To NPS, lands inside current 16 boundary’’ on the Map; and 17 (B) the approximately 5,766 acres of land 18 identified as ‘‘To NPS, new additions’’ on the 19 Map. 20 (b) TRANSFER OF ADMINISTRATIVE JURISDICTION 21 TO THE SECRETARY OF THE ARMY.— 22 (1) IN GENERAL.—Administrative jurisdiction 23 over the land described in paragraph (2) is trans- 24 VerDate Sep 11 2014 05:20 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S871.IS S871 kjohnson on DSK79L0C42 with BILLS 8 •S 871 IS ferred from the Secretary to the Secretary of the 1 Army. 2 (2) DESCRIPTION OF LAND.—The land referred 3 to in paragraph (1) is the approximately 3,737 acres 4 of land identified as ‘‘To DOA’’ on the Map. 5 SEC. 202. BOUNDARY MODIFICATIONS. 6 (a) PARK.— 7 (1) IN GENERAL.—The boundary of the Park is 8 revised to reflect the boundary depicted on the Map. 9 (2) MAP.— 10 (A) IN GENERAL.—The Secretary, in co- 11 ordination with the Secretary of the Army, shall 12 prepare and keep on file for public inspection in 13 the appropriate office of the Secretary a map 14 and a legal description of the revised boundary 15 of the Park. 16 (B) EFFECT.—The map and legal descrip- 17 tion under subparagraph (A) shall have the 18 same force and effect as if included in this Act, 19 except that the Secretary may correct clerical 20 and typographical errors in the map and legal 21 description. 22 (3) BOUNDARY SURVEY.—As soon as prac- 23 ticable after the date of the establishment of the 24 Park and subject to the availability of funds, the 25 VerDate Sep 11 2014 05:20 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S871.IS S871 kjohnson on DSK79L0C42 with BILLS 9 •S 871 IS Secretary shall complete an official boundary survey 1 of the Park. 2 (b) MISSILE RANGE.— 3 (1) IN GENERAL.—The boundary of the missile 4 range and the Public Land Order are modified to 5 exclude the land transferred to the Secretary under 6 section 201(a) and to include the land transferred to 7 the Secretary of the Army under section 201(b). 8 (2) MAP.—The Secretary shall prepare a map 9 and legal description depicting the revised boundary 10 of the missile range. 11 (c) CONFORMING AMENDMENT.—Section 2854 of 12 Public Law 104–201 (54 U.S.C. 320301 note) is repealed. 13 SEC. 203. ADMINISTRATION. 14 (a) PARK.—The Secretary shall administer the land 15 transferred under section 201(a) in accordance with laws 16 (including regulations) applicable to the Park. 17 (b) MISSILE RANGE.—Subject to subsection (c), the 18 Secretary of the Army shall administer the land trans- 19 ferred to the Secretary of the Army under section 201(b) 20 as part of the missile range. 21 (c) INFRASTRUCTURE; RESOURCE MANAGEMENT.— 22 (1) RANGE ROAD 7.— 23 (A) INFRASTRUCTURE MANAGEMENT.—To 24 the maximum extent practicable, in planning, 25 VerDate Sep 11 2014 05:20 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S871.IS S871 kjohnson on DSK79L0C42 with BILLS 10 •S 871 IS constructing, and managing infrastructure on 1 the land described in subparagraph (C), the 2 Secretary of the Army shall apply low-impact 3 development techniques and strategies to pre- 4 vent impacts within the missile range and the 5 Park from stormwater runoff from the land de- 6 scribed in that subparagraph. 7 (B) RESOURCE MANAGEMENT.—The Sec- 8 retary of the Army shall— 9 (i) manage the land described in sub- 10 paragraph (C) in a manner consistent with 11 the protection of natural and cultural re- 12 sources within the missile range and the 13 Park and in accordance with section 14 101(a)(1)(B) of the Sikes Act (16 U.S.C. 15 670a(a)(1)(B)), division A of subtitle III of 16 title 54, United States Code, and the Na- 17 tive American Graves Protection and Re- 18 patriation Act (25 U.S.C. 3001 et seq.); 19 and 20 (ii) include the land described in sub- 21 paragraph (C) in the integrated natural 22 and cultural resource management plan for 23 the missile range. 24 VerDate Sep 11 2014 05:20 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S871.IS S871 kjohnson on DSK79L0C42 with BILLS 11 •S 871 IS (C) DESCRIPTION OF LAND.—The land re- 1 ferred to in subparagraphs (A) and (B) is the 2 land that is transferred to the administrative 3 jurisdiction of the Secretary of the Army under 4 section 201(b) and located in the area east of 5 Range Road 7 in— 6 (i) T. 17 S., R. 5 E., sec. 31; 7 (ii) T. 18 S., R. 5 E.; and 8 (iii) T. 19 S., R. 5 E., sec. 5. 9 (2) FENCE.— 10 (A) IN GENERAL.—The Secretary of the 11 Army shall continue to allow the Secretary to 12 maintain the fence shown on the Map until 13 such time as the Secretary determines that the 14 fence is unnecessary for the management of the 15 Park. 16 (B) REMOVAL.—If the Secretary deter- 17 mines that the fence is unnecessary for the 18 management of the Park under subparagraph 19 (A), the Secretary shall promptly remove the 20 fence at the expense of the Department of the 21 Interior. 22 (d) RESEARCH.—The Secretary of the Army and the 23 Secretary may enter into an agreement to allow the Sec- 24 VerDate Sep 11 2014 05:20 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S871.IS S871 kjohnson on DSK79L0C42 with BILLS 12 •S 871 IS retary to conduct certain research in the area identified 1 as ‘‘Cooperative Use Research Area’’ on the Map. 2 (e) MILITARY MUNITIONS AND MUNITIONS DE- 3 BRIS.— 4 (1) RESPONSE ACTION.—With respect to any 5 Federal liability, the Secretary of the Army shall re- 6 main responsible for any response action addressing 7 military munitions or munitions debris on the land 8 transferred under section 201(a) to the same extent 9 as on the day before the date of enactment of this 10 Act. 11 (2) INVESTIGATION OF MILITARY MUNITIONS 12 AND MUNITIONS DEBRIS.— 13 (A) IN GENERAL.—The Secretary may re- 14 quest that the Secretary of the Army conduct 15 1 or more investigations of military munitions 16 or munitions debris on any land transferred 17 under section 201(a). 18 (B) ACCESS.—The Secretary shall give ac- 19 cess to the Secretary of the Army to the land 20 covered by a request under subparagraph (A) 21 for the purposes of conducting the 1 or more 22 investigations under that subparagraph. 23 VerDate Sep 11 2014 05:20 Mar 30, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S871.IS S871 kjohnson on DSK79L0C42 with BILLS 13 •S 871 IS (C) LIMITATION.—An investigation con- 1 ducted under this paragraph shall be subject to 2 available appropriations. 3 (3) APPLICABLE LAW.—Any activities under- 4 taken under this subsection shall be carried out in [Text truncated for display. 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