16 U.S.C. § 410dddd — White Sands National Park

Page 449 TITLE 16—CONSERVATION § 410dddd 1 See References in Text note below. (ii) other appropriate ways to enhance historical research, education, interpreta- tion, and public awareness of the Trans- continental Railroad. (3) Report Not later than 3 years after the date on which funds are made available to carry out the study under paragraph (2), the Secretary shall submit to the Committee on Natural Re- sources of the House of Representatives and the Committee on Energy and Natural Re- sources of the Senate a report containing the findings and recommendations of the study. (4) Freight railroad operations The Program shall not include any prop- erties that are— (A) used in active freight railroad oper- ations (or other ancillary purposes); or (B) reasonably anticipated to be used for freight railroad operations in the future. (5) Elements of the program In carrying out the Program under this sub- section, the Secretary— (A) shall produce and disseminate appro- priate education materials relating to the history, construction, and legacy of the Transcontinental Railroad, such as hand- books, maps, interpretive guides, or elec- tronic information; (B) may enter into appropriate cooperative agreements and memoranda of under- standing and provide technical assistance to the heads of other Federal agencies, States, units of local government, regional govern- mental bodies, and private entities to fur- ther the purposes of the Program and this section; and (C) may— (i) create and adopt an official, uniform symbol or device to identify the Program; and (ii) issue guidance for the use of the sym- bol or device created and adopted under clause (i). (d) Programmatic agreement (1) In general Not later than 180 days after March 12, 2019, the Secretary shall seek to enter into a pro- grammatic agreement with the Utah State Historic Preservation Officer to add to the list of undertakings eligible for streamlined re- view under section 306108 of title 54 certain uses that would have limited physical impact to land in the Park. (2) Development and consultation The programmatic agreement entered into under paragraph (1) shall be developed— (A) in accordance with applicable laws (in- cluding regulations); and (B) in consultation with adjacent land- owners, Indian Tribes, and other interested parties. (3) Approval The Secretary shall— (A) consider any application for uses cov- ered by the programmatic agreement; and (B) not later than 60 days after the receipt of an application described in subparagraph (A), approve the application, if the Secretary determines the application is consistent with— (i) the programmatic agreement entered into under paragraph (1); and (ii) applicable laws (including regula- tions). (e) Invasive species The Secretary shall consult with, and seek to coordinate with, adjacent landowners to address the treatment of invasive species adjacent to, and within the boundaries of, the Park. (Pub. L. 116–9, title II, § 2205, Mar. 12, 2019, 133 Stat. 738.) Editorial Notes CODIFICATION Section was enacted as part of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and not as part of Pub. L. 89–102 which comprises this subchapter. Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ Secretary means the Secretary of the Interior, see section 2 of Pub. L. 116–9, set out as a note under sec- tion 1 of this title. SUBCHAPTER LIX–BBB—WHITE SANDS NATIONAL PARK § 410dddd. White Sands National Park (a) Definitions In this section: (1) Map The term ‘‘Map’’ means the map entitled ‘‘White Sands National Park Proposed Bound- ary Revision & Transfer of Lands Between Na- tional Park Service & Department of the Army’’, numbered 142/136,271, and dated Feb- ruary 14, 2017. (2) Military munitions The term ‘‘military munitions’’ has the meaning given the term in section 101(e) 1 of title 10. (3) Missile range The term ‘‘missile range’’ means the White Sands Missile Range, New Mexico, adminis- tered by the Secretary of the Army. (4) Monument The term ‘‘Monument’’ means the White Sands National Monument, New Mexico, es- tablished 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 debris The term ‘‘munitions debris’’ has the mean- ing given the term in volume 8 of the Depart- ment of Defense Manual Number 6055.09-M en- titled ‘‘DoD Ammunitions and Explosives Safety Standards’’ and dated February 29, 2008 (as in effect on December 20, 2019). Page 450 TITLE 16—CONSERVATION § 410dddd (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 May 21, 1952 (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, paleon- tological, hydrological, fish, wildlife, and rec- reational values and to enhance visitor experi- ences, 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 Monu- ment (A) Abolishment Due to the establishment of the Park, the Monument is abolished. (B) Incorporation The land and interests in land that com- prise the Monument are incorporated in, and shall be considered to be part of, the Park. (3) References Any reference in a law, map, regulation, doc- ument, paper, or other record of the United States to the ‘‘White Sands National Monu- ment’’ 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 admin- ister the Park in accordance with— (A) this subsection; and (B) the laws generally applicable to units of the National Park System, including sec- tion 100101(a), chapter 1003, sections 100751(a), 100752, 100753, and 102101, and chap- ter 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 in- cluded 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, Sci- entific and Cultural Organization, the Sec- retary of the Interior shall notify the Sec- retary of the Army of the intent of the Sec- retary 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 agree- ments 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 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 addi- tions’’ 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 co- ordination with the Secretary of the Army, shall prepare and keep on file for public inspection in the appropriate of- fice of the Secretary of the Interior a map and a legal description of the re- vised 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. Page 451 TITLE 16—CONSERVATION § 410dddd (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 ex- clude the land transferred to the Secretary of the Interior under paragraph (1)(A) and to include the land transferred to the Sec- retary of the Army under paragraph (1)(B). (ii) Map The Secretary of the Interior shall pre- pare 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 admin- ister 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 trans- ferred 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 develop- ment techniques and strategies to pre- vent impacts within the missile range and the Park from stormwater runoff from the land described in that sub- clause. (II) Resource management The Secretary of the Army shall— (aa) manage the land described in subclause (III) in a manner consistent with the protection of natural and cul- tural 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 Protec- tion and Repatriation Act (25 U.S.C. 3001 et seq.); and (bb) include the land described in subclause (III) in the integrated nat- ural and cultural resource manage- ment 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 con- tinue to allow the Secretary of the Inte- rior 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 deter- mines that the fence is unnecessary for the management of the Park under sub- clause (I), the Secretary of the Interior shall promptly remove the fence at the expense of the Department of the Inte- rior. (D) Research The Secretary of the Army and the Sec- retary of the Interior may enter into an agreement to allow the Secretary of the In- terior 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 re- sponsible for any response action address- ing military munitions or munitions de- bris on the land transferred under para- graph (1)(A) to the same extent as on the day before December 20, 2019. (ii) Investigation of military munitions and munitions debris (I) In general The Secretary of the Interior may re- quest that the Secretary of the Army conduct 1 or more investigations of mili- tary 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 con- ducting the 1 or more investigations under that subclause. (III) Limitation An investigation conducted under this clause shall be subject to available ap- propriations. (iii) Applicable law Any activities undertaken under this subparagraph shall be carried out in ac- cordance with— (I) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); Page 452 TITLE 16—CONSERVATION § 410eeee 1 See References in Text note below. (II) the purposes for which the Park was established; and (III) any other applicable law. (Pub. L. 116–92, div. B, title XXVIII, § 2851, Dec. 20, 2019, 133 Stat. 1895.) Editorial Notes REFERENCES IN TEXT Section 101(e) of title 10, referred to in subsec. (a)(2), was redesignated section 101(f) of title 10, and a new subsec. 101(e) of title 10 was added, by Pub. L. 118–31, div. A, title XVII, § 1713(a), Dec. 22, 2023, 137 Stat. 625. Presidential Proclamation No. 2025, referred to in subsec. (a)(4), is Proc. No. 2025, Jan. 18, 1933, 47 Stat. 2551, which is listed in a table of National Monuments Established Under Presidential Proclamation set out under section 320301 of Title 54, National Park Service and Related Programs. The Clean Air Act, referred to in subsec. (b)(7)(E), is act July 14, 1955, ch. 360, 69 Stat. 322, 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 section 7401 of Title 42 and Tables. The Native American Graves Protection and Repatri- ation Act, referred to in subsec. (c)(3)(C)(i)(II)(aa), is Pub. L. 101–601, Nov. 16, 1990, 104 Stat. 3048, 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 sec- tion 3001 of Title 25 and Tables. The Comprehensive Environmental Response, Com- pensation, and Liability Act of 1980, referred to in sub- sec. (c)(3)(E)(iii)(I), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables. CODIFICATION Section is comprised of section 2851 of Pub. L. 116–92. Subsec. (c)(2)(C) of section 2851 of Pub. L. 116–92 re- pealed section 2854 of Pub. L. 104–201, div. B, title XXVIII, Sept. 23, 1996, 110 Stat. 2803, which is listed in a table of National Monuments Established Under Pres- idential Proclamation set out under section 320301 of Title 54, National Park Service and Related Programs. SUBCHAPTER LIX–CCC—NEW RIVER GORGE NATIONAL PARK AND PRESERVE Editorial Notes CODIFICATION Subchapter was formerly classified to subchapter LXXI–A (§ 460m–15 et seq.) of this chapter prior to transfer to this subchapter. § 410eeee. New River Gorge National Park and Preserve Designation (a) Short title This section may be cited as the ‘‘New River Gorge National Park and Preserve Designation Act’’. (b) Designation of New River Gorge National Park and New River Gorge National Pre- serve, West Virginia (1) Redesignation The New River Gorge National River estab- lished under section 1101 1 of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m–15) shall be known and designated as the ‘‘New River Gorge National Park and Pre- serve’’, consisting of— (A) the New River Gorge National Park; and (B) the New River Gorge National Pre- serve. (2) New River Gorge National Park The boundaries of the New River Gorge Na- tional Park referred to in paragraph (1)(A) shall be the boundaries depicted as ‘‘Proposed National Park Area’’ on the map entitled ‘‘New River Gorge National Park and Preserve Proposed Boundary’’, numbered 637/163,199A, and dated September 2020. (3) New River Gorge National Preserve; bound- ary The boundaries of the New River Gorge Na- tional Preserve referred to in paragraph (1)(B) shall be the boundaries depicted as ‘‘Proposed National Preserve Area’’ on the map entitled ‘‘New River Gorge National Park and Preserve Proposed Boundary’’, numbered 637/163,199A, and dated September 2020. (c) Administration (1) In general The New River Gorge National Park and Preserve shall be administered by the Sec- retary of the Interior (referred to in this sec- tion as the ‘‘Secretary’’) in accordance with— (A) this section; (B) the laws generally applicable to units of the National Park System, including— (i) section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54; and (ii) chapter 3201 of title 54; and (C) title XI of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m–15 et seq.),1 except that the provisions of section 1106 1 of that Act (16 U.S.C. 460m–20) relating to hunting shall not apply to the New River Gorge National Park. (2) Hunting and fishing (A) Hunting Hunting within the New River Gorge Na- tional Preserve shall be administered by the Secretary— (i) in the same manner as hunting was administered on the day before December 27, 2020, in those portions of the New River Gorge National River designated as the New River Gorge National Preserve by subsection (b)(3); and (ii) in accordance with— (I) section 1106 1 of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m–20); and (II) other applicable laws. (B) Fishing Fishing within the New River Gorge Na- tional Park and Preserve shall be adminis- tered by the Secretary— (i) in the same manner as fishing was ad- ministered within the New River Gorge National River on the day before Decem- ber 27, 2020; and