White Sands National Park

16 U.S.C. § 410dddd
in effect
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(a) DefinitionsIn this section:(1) MapThe 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 munitionsThe term “military munitions” has the meaning given the term in section 101(e) 11 See References in Text note below. of title 10. (3) Missile rangeThe term “missile range” means the White Sands Missile Range, New Mexico, administered by the Secretary of the Army. (4) MonumentThe 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. (5) Munitions debrisThe 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). (6) ParkThe term “Park” means the White Sands National Park established by subsection (b)(1). (7) Public land orderThe term “Public Land Order” means Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822). (8) StateThe term “State” means the State of New Mexico. (b) White Sands National Park(1) EstablishmentTo 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. (2) Abolishment of White Sands National Monument(A) AbolishmentDue to the establishment of the Park, the Monument is abolished. (B) IncorporationThe land and interests in land that comprise the Monument are incorporated in, and shall be considered to be part of, the Park. (3) ReferencesAny 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”. (4) Availability of fundsAny funds available for the Monument shall be available for the Park. (5) AdministrationThe Secretary of the Interior shall administer the Park in accordance with—(A) this subsection; and (B) 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. (6) World Heritage List nomination(A) County concurrenceThe 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. (B) Army notificationBefore 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. (7) EffectNothing in this subsection affects—(A) valid existing rights (including water rights); (B) permits or contracts issued by the Monument; (C) existing agreements, including agreements with the Department of Defense; (D) the jurisdiction of the Department of Defense regarding the restricted airspace above the Park; or (E) the airshed classification of the Park under the Clean Air Act (42 U.S.C. 7401 et seq.). (c) Modification of Boundaries of White Sands National Park and White Sands Missile Range(1) Transfers of administrative jurisdiction(A) Transfer of administrative jurisdiction to the Secretary of the Interior(i) In generalAdministrative jurisdiction over the land described in clause (ii) is transferred from the Secretary of the Army to the Secretary of the Interior. (ii) Description of landThe land referred to in clause (i) is—(I) the approximately 2,826 acres of land identified as “To NPS, lands inside current boundary” on the Map; and (II) 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(i) In generalAdministrative jurisdiction over the land described in clause (ii) is transferred from the Secretary of the Interior to the Secretary of the Army. (ii) Description of landThe land referred to in clause (i) is the approximately 3,737 acres of land identified as “To DOA” on the Map. (2) Boundary modifications(A) Park(i) In generalThe boundary of the Park is revised to reflect the boundary depicted on the Map. (ii) Map(I) In generalThe 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. (II) EffectThe 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. (iii) Boundary surveyAs 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. (B) Missile range(i) In generalThe 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). (ii) MapThe Secretary of the Interior shall prepare a map and legal description depicting the revised boundary of the missile range. (C) Omitted (3) Administration(A) ParkThe Secretary of the Interior shall administer the land transferred under paragraph (1)(A) in accordance with laws (including regulations) applicable to the Park. (B) Missile rangeSubject 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. (C) Infrastructure; resource management(i) Range road 7(I) Infrastructure managementTo 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. (II) Resource managementThe Secretary of the Army shall—(aa) 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 (bb) include the land described in subclause (III) in the integrated natural and cultural resource management plan for the missile range. (III) Description of landThe 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—(aa) T. 17 S., R. 5 E., sec. 31; (bb) T. 18 S., R. 5 E.; and (cc) T. 19 S., R. 5 E., sec. 5. (ii) Fence(I) In generalThe 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. (II) RemovalIf 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. (D) ResearchThe 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. (E) Military munitions and munitions debris(i) Response actionWith 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. (ii) Investigation of military munitions and munitions debris(I) In generalThe 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). (II) AccessThe 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. (III) LimitationAn investigation conducted under this clause shall be subject to available appropriations. (iii) Applicable lawAny activities undertaken under this subparagraph shall be carried out in accordance with—(I) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (II) the purposes for which the Park was established; and (III) any other applicable law.

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