Definitions
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 .
Military munitions
1
Missile range
The term “missile range” means the White Sands Missile Range, New Mexico, administered by the Secretary of the Army.
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.
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 ).
Park
The term “Park” means the White Sands National Park established by subsection (b)(1).
Public land order
The term “Public Land Order” means Public Land Order 833, dated (17 Fed. Reg. 4822).
State
The term “State” means the State of New Mexico.
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
World Heritage List nomination
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.
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.
Effect
Modification of Boundaries of White Sands National Park and White Sands Missile Range
Transfers of administrative jurisdiction
Transfer of administrative jurisdiction to the Secretary of the Interior
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.
Description of land
Transfer of administrative jurisdiction to the Secretary of the Army
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.
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.
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 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.
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.
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.
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 of the Interior under paragraph (1)(A) and to include the land transferred to the Secretary of the Army under paragraph (1)(B).
Map
The Secretary of the Interior shall prepare a map and legal description depicting the revised boundary of the missile range.
Omitted
Administration
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.
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.
Infrastructure; resource management
Range road 7
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.
Resource management
Description of land
Fence
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.
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.
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.
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 paragraph (1)(A) to the same extent as on the day before .
Investigation of military munitions and munitions debris
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).
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.
Limitation
An investigation conducted under this clause shall be subject to available appropriations.
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