Public Law 119-73 (01/23/2026)

16 U.S.C. § 410dddd

White Sands National Park

(a)

Definitions

In this section:
(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 .

(2)

Military munitions

1

1 See References in Text note below.
The term “military munitions” has the meaning given the term in section 101(e)  of title 10.

(3)

Missile range

The term “missile range” means the White Sands Missile Range, New Mexico, administered by the Secretary of the Army.

(4)

Monument

54 U.S.C. 320301The term “Monument” means the White Sands National Monument, New Mexico, established by Presidential Proclamation No. 2025 ( note), dated , and administered by the Secretary of the Interior.

(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 (as in effect on ).

(6)

Park

The term “Park” means the White Sands National Park established by subsection (b)(1).

(7)

Public land order

The term “Public Land Order” means Public Land Order 833, dated (17 Fed. Reg. 4822).

(8)

State

The term “State” means the State of New Mexico.

(b)

White Sands National Park

(1)

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.

(2)

Abolishment of White Sands National Monument

(A)

Abolishment

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

(B)

Incorporation

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

(3)

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”.

(4)

Availability of funds

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

(5)

Administration

The 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 concurrence

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

(7)

Effect

Nothing 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)
42 U.S.C. 7401 the airshed classification of the Park under the Clean Air Act ( 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 general

Administrative 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 land

The 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 general

Administrative 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 land

The 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 general

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

(ii)

Map

(I)

In general

The 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)

Effect

The 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 survey

As 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 general

The 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)

Map

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

(C)

Omitted

(3)

Administration

(A)

Park

The 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 range

Subject 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 management

To 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 management

The Secretary of the Army shall—
(aa)
section 670a(a)(1)(B) of this title25 U.S.C. 3001 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 , division A of subtitle III of title 54, and the Native American Graves Protection and Repatriation Act ( 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 land

The 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 general

The 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)

Removal

If 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)

Research

The 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 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 paragraph (1)(A) to the same extent as on the day before .

(ii)

Investigation of military munitions and munitions debris

(I)

In general

The 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)

Access

The 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)

Limitation

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

(iii)

Applicable law

Any activities undertaken under this subparagraph shall be carried out in accordance with—
(I)
42 U.S.C. 9601 the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( et seq.);
(II)
the purposes for which the Park was established; and
(III)
any other applicable law.

Pub. L. 116–92, div. B, title XXVIII, § 2851133 Stat. 1895(, , .)

Editorial Notes

References in Text

Section 101(e) of title 10section 101(f) of title 10Pub. L. 118–31, div. A, title XVII, § 1713(a)137 Stat. 625, referred to in subsec. (a)(2), was redesignated , and a new subsec. 101(e) of title 10 was added, by , , .

47 Stat. 2551section 320301 of Title 54Presidential Proclamation No. 2025, referred to in subsec. (a)(4), is Proc. No. 2025, , , which is listed in a table of National Monuments Established Under Presidential Proclamation set out under , National Park Service and Related Programs.

act July 14, 1955, ch. 36069 Stat. 322section 7401 of Title 42The Clean Air Act, referred to in subsec. (b)(7)(E), is , , which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 101–601104 Stat. 3048section 3001 of Title 25The Native American Graves Protection and Repatriation Act, referred to in subsec. (c)(3)(C)(i)(II)(aa), is , , , which is classified principally to chapter 32 (§ 3001 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 96–51094 Stat. 2767section 9601 of Title 42The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in subsec. (c)(3)(E)(iii)(I), is , , , which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

section 2851 of Pub. L. 116–92section 2851 of Pub. L. 116–92section 2854 of Pub. L. 104–201110 Stat. 2803section 320301 of Title 54Section is comprised of . Subsec. (c)(2)(C) of repealed , div. B, title XXVIII, , , which is listed in a table of National Monuments Established Under Presidential Proclamation set out under , National Park Service and Related Programs.

Statutory Notes and Related Subsidiaries

Historical Marker Commemorating Effects of Radiation Exposure at Holloman Air Force Base and White Sands Missile Range

Pub. L. 119–60, div. B, title XXVIII, § 2861139 Stat. 1324

“(a)

Historical Markers Required.—

“(1)

Holloman air force base .—

The Secretary of the Air Force shall place a historical marker as described in subsection (b) in a publicly accessible location at the Holloman Air Force Base.
“(2)

White sands missile range .—

The Secretary of the Army shall place a historical marker as described in subsection (b) in a publicly accessible location at the White Sands Missile Range.
“(b)

Required Information .—

A historical marker described in subsection (a) shall commemorate the effects of radiation exposure on communities in New Mexico as a result of the Manhattan Project and the nuclear test conducted at the Trinity Site. Such historical marker shall include, at a minimum, the following:
“(1)
An unclassified description of the history of the Manhattan Project and its purpose, including a description of the nuclear test conducted at the Trinity Site and an acknowledgement that it was the location of the world’s first nuclear weapons test.
“(2)
A description of how the classified nature of the Manhattan Project and the nuclear test conducted at the Trinity Site led to the unknowing exposure of individuals in communities located downwind from such testing to radiological byproducts and associated consequences of such byproducts.
“(3)
The markers will honor the resilience of the New Mexico communities during and after World War II, recognizing the service and sacrifice of all who contributed to the war effort.
“(c)

Briefing Required .—

Not later than 1 year after the date of the enactment of this Act [], the Secretary of the Air Force and Secretary of the Army shall jointly provide to the Committees on Armed Services of the House of Representatives and Senate a briefing on the implementation of the requirements of this section.
“(d)

Definitions .—

In this section:
“(1)

Manhattan project .—

The term ‘Manhattan Project’ means the Federal military program to develop an atomic bomb ending on .
“(2)

Trinity site .—

The term ‘Trinity Site’ means the location in the Jornada del Muerto desert near Alamogordo, New Mexico, on the former Alamorgordo Bombing and Gunnery Range, known today as Holloman Air Force Base and the White Sands Missile Range, where the world’s first nuclear weapon was exploded on .”
, , , provided that: