[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1891 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1891
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 HOUSE OF REPRESENTATIVES
March 26, 2019
Ms. Torres Small of New Mexico (for herself, Ms. Haaland, and Mr.
Lujan) introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on
Armed Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 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.
SEC. 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.
TITLE I--WHITE SANDS NATIONAL PARK
SEC. 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.
SEC. 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.).
TITLE II--MODIFICATION OF BOUNDARIES OF WHITE SANDS NATIONAL PARK AND
WHITE SANDS MISSILE RANGE
SEC. 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.
SEC. 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.
SEC. 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.
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