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Title II — Modification of boundaries of White Sands National Park and White Sands Missile Range

S. 871 · 116th Congress · Mar 26, 2019 · Lineage

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Conforming amendment— Section 2854 of Public Law 104–201 (54 U.S.C. 320301 note) is repealed.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.