[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 871 Introduced in Senate (IS)]

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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 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 1 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 1 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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