Title 16ConservationRelease 119-73

§410dddd White Sands National Park

Title 16 › Chapter CHAPTER 1— - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter SUBCHAPTER LIX–BBB— - WHITE SANDS NATIONAL PARK › § 410dddd

Last updated Apr 6, 2026|Official source

Summary

Creates White Sands National Park in New Mexico to protect its natural, cultural, scientific, and recreational resources and to give visitors a better experience. The old White Sands National Monument is ended and its lands and money become part of the new Park. The Secretary of the Interior will run the Park under the normal National Park rules. The Park cannot be nominated to UNESCO’s World Heritage List unless each county with Park land agrees, and the Secretary of the Army must be told first. Existing rights, permits, agreements (including with the Department of Defense), the military’s control of restricted airspace, and the Park’s Clean Air Act airshed stay the same. Defined terms used in the law: Map — the map dated February 14, 2017 showing the boundary changes; military munitions — the meaning given in 10 U.S.C. 101(e); missile range — White Sands Missile Range; Monument — the White Sands National Monument created by proclamation on January 18, 1933; munitions debris — the meaning in the DoD manual dated February 29, 2008 (as in effect on December 20, 2019); Park — White Sands National Park; Public Land Order — the order dated May 21, 1952; State — New Mexico. About land and boundaries: the Army gives about 2,826 acres (lands inside current boundary) and about 5,766 acres (new additions) to the Interior. The Interior gives about 3,737 acres to the Army. The Park boundary is changed to match the Map. The Interior will file an official map and legal description and will do a boundary survey when funds are available. The Army will update the missile range boundary and the Public Land Order to match the land swaps. How the lands are managed: Interior will run the Army-transferred lands as Park lands. The Army will manage the Interior-transferred lands as part of the missile range but must use low-impact building and run-off measures and protect natural and cultural resources for certain tracts east of Range Road 7 (shown on the Map). The Army must let Interior keep a fence shown on the Map until Interior says it is not needed; if Interior removes it, Interior pays. The two Secretaries may agree to let Interior do research in a marked cooperative area. The Army remains responsible for any cleanup or response for military munitions or munitions debris on the land it transferred to Interior as of December 20, 2019. Interior can ask the Army to investigate munitions on those lands, must give access for investigations, and investigations depend on available funding and follow environmental and other applicable laws.

Full Legal Text

Title 16, §410dddd

Conservation — Source: USLM XML via OLRC

(a)In this section:
(1)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)The term “military munitions” has the meaning given the term in section 101(e) 11 See References in Text note below. of title 10.
(3)The term “missile range” means the White Sands Missile Range, New Mexico, administered by the Secretary of the Army.
(4)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 of the Interior.
(5)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 December 20, 2019).
(6)The term “Park” means the White Sands National Park established by subsection (b)(1).
(7)The term “Public Land Order” means Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822).
(8)The term “State” means the State of New Mexico.
(b)(1)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)(A)Due to the establishment of the Park, the Monument is abolished.
(B)The land and interests in land that comprise the Monument are incorporated in, and shall be considered to be part of, the Park.
(3)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)Any funds available for the Monument shall be available for the Park.
(5)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, section 100751(a), 100752, 100753, and 102101, and chapter 3201 of title 54.
(6)(A)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)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)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)the airshed classification of the Park under the Clean Air Act (42 U.S.C. 7401 et seq.).
(c)(1)(A)(i)Administrative jurisdiction over the land described in clause (ii) is transferred from the Secretary of the Army to the Secretary of the Interior.
(ii)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)(i)Administrative jurisdiction over the land described in clause (ii) is transferred from the Secretary of the Interior to the Secretary of the Army.
(ii)The land referred to in clause (i) is the approximately 3,737 acres of land identified as “To DOA” on the Map.
(2)(A)(i)The boundary of the Park is revised to reflect the boundary depicted on the Map.
(ii)(I)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)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)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)(i)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)The Secretary of the Interior shall prepare a map and legal description depicting the revised boundary of the missile range.
(C)
(3)(A)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)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)(i)(I)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)The Secretary of the Army shall—
(aa)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 section 670a(a)(1)(B) of this title, division A of subtitle III of title 54, and the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 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)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)(I)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)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)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)(i)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 December 20, 2019.
(ii)(I)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)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)An investigation conducted under this clause shall be subject to available appropriations.
(iii)Any activities undertaken under this subparagraph shall be carried out in accordance with—
(I)the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(II)the purposes for which the Park was established; and
(III)any other applicable law.

Legislative History

Notes & Related Subsidiaries

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 Repatriation 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 section 3001 of Title 25 and Tables. The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, referred to in subsec. (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 Welfare. 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 repealed 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 Presidential Proclamation set out under section 320301 of Title 54, 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, § 2861, Dec. 18, 2025, 139 Stat. 1324, provided that: “(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 [Dec. 18, 2025], 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
December 31, 1946. “(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
July 16, 1945.”

Reference

Citations & Metadata

Citation

16 U.S.C. § 410dddd

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73