W 40
Compendium
to Title 36
Code
of Federal Regulations
Parts
1 through 5
AUTHORITY Under the authority of 16 U.S.C.,
Section 3, and Title 36, Code of Federal Regulations, Chapter 1, Parts 1-7,
this Compendium of Superintendent's Orders is established for
Inquires
regarding National Park Service regulations, discretionary actions, requests
for permits and other comments may be directed to the Superintendent, White
Sands National Monument, Post Office Box 1086, Holloman AFB, New Mexico 88330‑1086
or at (505) 479‑6124 or (505) 679-2599.
In addition to these
regulations, the following are also provided.
Written
determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, are required by Section 1.5(c) and
appear in this document as italic print. (Regulations are in boldface print.)
Section
1.6(f) states that a list of those activities, which require a permit, must be
maintained. That list appears in
this document under 1.6.
As required by 1.7(b), these
regulations, permit requirements and written
determinations shall be updated annually and made available to the public upon
request.
Throughout
this document, Title 36 of the Code of Federal Regulations is also referred to
as the "general regulations."
![]()
Approved Date:
Cliff Spencer,
Superintendent
(a)
The primary purpose of the monument is to preserve and protect the most
impressive portion of the world’s largest gypsum sand dune field. A related
purpose of the monument is to preserve all cultural and natural resources,
historic structures and wildlife. Pertinent legislation is as follows:
January 18, 1933 White Sands National
Monument was established by Herbert Hoover, President of the United States of
America, with Presidential Proclamation No. 2025 (47 Stat. 2551)
November 28. 1934 Boundaries enlarged by
Presidential Proclamation No. 2108 (49 Stat. 3426)
August 29, 1938 Boundaries were modified by
Presidential Proclamation No. 2295, eliminating therefrom all sections now
included in the right‑of‑way for United States Highway Route 70 (53
Stat. 2465)
June 6. 1942 This Act added the former
White Sands Recreational Demonstration Project to the Monument (56 Stat. 327)
November 10. 1978 This Act adjusted the
Monument boundaries by adding certain lands and deleting others (92 Stat. 3467)
Legal Description.
(b) There are no privately owned lands
within the boundaries of
(c) No special regulations for
(d) Apply as written
(a) (1)
A. White Sands National
Monument is closed to public use at sunset from the day following Labor Day
until the Thursday prior to Memorial Day, and closes at 10:00 PM, from the Friday
prior to Memorial Day to Labor Day. During special programs, the monument may
close at a later time.
Since overnight use and camping is prohibited in the park except in established backcountry campsites there is no valid reason for a vehicle to remain in the park overnight unless the Ranger Division has been previously advised.
B. The monument may be
wholly or partly closed during military testing. Entry to the western half of
the monument, known as the Cooperative Use Area, is by permit. Other closures
within
These areas are closed due to safety considerations. Visitors to the Cooperative Use Area must
register at the
Pursuant to the provisions
of 36 CFR 1.6(f), the following is a compilation of those activities for which
a permit from the National Park Service is required. Permits are issued by the Superintendent, and
are subject to the requirements of the general regulations, and as specified in
each permit. As stated in 36 CFR 1.6(g),
engaging in these activities without a permit or violation of the terms and
conditions of a permit is prohibited.
(F) Permits are required for the following activities:
2.1 Preservation of natural, cultural and archeological resources
2.4(d) Weapons, traps and nets
2.5 Research specimens
2.10 Camping
2.15 Pets kept by residents of park housing
2.16 Horses and pack animals
2.17 Aircraft and air delivery
2.23 Recreation fees
2.38 Explosives
2.50 Special events Public assemblies, meetings
2.51
2.61 Residing on federal lands
2.60 Livestock use and agriculture
2.62(b) Memorialization
4.11 Load, weight and size limits
5.1 Advertisements
5.3 Business operations
5.5 Commercial photography
5.10 Eating, drinking, or lodging establishments
(a) (3) Public notice of any discretionary actions of
the Superintendent under the authority of the Section 1.5 (a) will be posted or
signed and published in the Alamogordo and Las Cruces, NM and El Paso, Texas
newspapers.
(a) (1) (iv) Possessing or removing gypsum, calcite
crystals is prohibited
This restriction is
necessary to prevent the removal of the natural resource for which the Monument
was created. Management understands that small amounts are incidentally removed
on clothing and vehicles. These
instances will not be treated as violations.
(a) (4) There are no
designated firewood gathering areas within
It has been determined that
collection of firewood would have detrimental ecological effects on the desert
plant communities, diminish aesthetic values and impose direct resource
impacts.
(c) (1) The gathering, by
hand, of leaves from the Rosemary mint (Polimintha incana) is allowed, providing that such gathering is
for Native American ceremonial purposes.
The gathering activity must not adversely affect park wildlife, the reproduction
potential of the plant, or otherwise not be destructive to park resources.
Rosemary mint leaves are
used by certain Native American groups for ceremonial purposes. Hand gathering of small amounts dispersed
over a large number of plants on an infrequent basis will not adversely affect
plants.
(e) Viewing of wildlife
with artificial light is prohibited except when conducting research with
a permit.
The viewing of wildlife,
especially mammals, with artificial light may adversely affect their behavior
or cause the animal to become confused and stray into traffic, becoming a
hazard.
(a) Camping is prohibited within the Monument, except in the
designated backcountry campground or Group Use sites. Camping atop dunes is prohibited. A permit is
required.
This general regulation is
necessary to reduce the visual impact of camping activity on day users.
(b) (6) Monument residents may display lawfully taken
wildlife carcasses or other remains or parts thereof, providing the display is
not visible from public use areas.
(b) (9) Horses and pack animals are prohibited within
the backcountry campground.
This regulation is necessary
to keep the campground free of the smell and sight of animal waste.
Picnicking is allowed within
the dune area of
The residential and
headquarters areas are reserved for the use of employees and official NPS
functions.
(a) (1) Diesel trucks and buses, when parked in areas
adjacent to the visitor center must stop engines.
This will prevent
interference with interpretive programs and reduce the odor and fumes
associated with diesel vehicles.
(a) (1) Ground fires are prohibited at
Ground fires create
unsightly scars and can become a hazard if buried while still hot. Fire scars would reduce the visitor's
experience of the monument.
A.
Personal grills are allowed in
picnic areas and pull outs along the
The improper disposal of hot
coals would create the same hazards and adverse visual impacts as stated
above. Therefore, all coals must be
disposed of properly.
B.
Only containerized fuel
stoves are allowed in the designated backcountry camp site.
The disposal of coals from
the backcountry would be impractical due to the distances from the nearest
metal container. Maintenance of coal
containers in the backcountry would be impractical as well as unsightly, so the
use of coals or firewood is prohibited.
C.
Employees may have fires in
designated fireplaces, barbecue grills set up by NPS, or in personal grills.
(a) (9) Human body waste must be buried at least 100
feet away from the designated backcountry campsites and trails. In frontcountry
areas, body waste must be disposed of in restrooms.
Human body waste is a threat
to public health. Proper disposal of
such waste is required to speed the decomposition process and reduce health
hazards and visual pollution.
(a) (3) Pets may not be left unattended and tied to
the outside of a vehicle.
This could present a hazard
to the pet who may become entangled by its restraint,
and a possible hazard to passerby.
(a) (5) Pet owners must dispose of their pet’s
excrement in trash receptacles, restrooms or burial in the same manner
as §2.14 (a) (9) above.
Its presence presents a
health hazard, and is unsightly.
(e)
(a) Pack animals are defined as horses, mules, burros, llamas and
others as designated by the Superintendent.
(g) The use of horses within the monument is allowed under the
following conditions:
1.
All horses and pack animals
are prohibited from picnic areas, the Group Use Area, the backcountry
campground, Big Dune Trail, Alkali Flat Trail and the Boardwalk.
2.
Park horse trailers only in
the designated area: Area 34
3.
Riding is permitted only
during normal operating hours.
4.
Horses will be securely tied
to trailers or hitch rail when not being ridden.
5.
Racing and all types of
unsafe riding are prohibited.
6.
Pets accompanying riders
will be on a leash and under physical control at all times.
7.
All debris (hay, grass,
etc.) and horse excrement in the vicinity of the trailer will be transported by
the owner and disposed of outside the Monument.
These conditions are
necessary to permit the safe interaction of horse riders and other visitors and
reduce the visual pollution, smell and possible health hazards associated with
improperly disposed waste.
(a) (3) Any requested operation, commercial filming
for example, must be coordinated with, and approved by, military authorities
and the Superintendent.
This regulation is necessary
to prevent unauthorized aircraft activity that would violate military and Park
Service airspace restrictions and create safety hazards to visitors.
Use is permitted in the
residential areas, parking areas, and road areas when closed to vehicles.
Use of these devices is
restricted to minimize conflicts with vehicles.
(a) Smoking is prohibited inside all government
buildings within
These restrictions are
enacted to protect public health and structures from fire danger or smoke.
(a)
(2) Property may be left unattended for
longer than 24 hours at
The general regulation
stated above is the only condition under which persons may leave property
unattended in excess of 24 hours.
Otherwise, property may be impounded according to the procedures stated
in 36 CFR §2.22(b) and (c).
(b) (1) Property left unattended more than 48 hours
without permission may be impounded.
(a) An entrance fee is established at
-
SEE APPENDIX A‑
(c) Entrance fees will be suspended on August 25th,
Founders Day and during any other period as determined by the superintendent.
(a) (3) (i) The
(a) (3) (i) During the period February 1st through
May 31st the consumption of
alcoholic beverages and/or the possession of a bottle, can, or other receptacle
containing an alcoholic beverage that is open, or that has been opened, or
whose seal is broken, or the contents of which have been partially removed, or
possession of an alcoholic beverage container is prohibited within White Sands
National Monument.
(a) (3) (i) All public use areas within the
Monument are closed to the possession of a receptacle(s) with a capacity of
five fluid gallons or more which contain(s) an alcoholic beverage.
The documented history of
inappropriate behavior induced by the consumption of excessive amounts of alcoholic
beverages has adversely affected the safety and enjoyment of other visitors.
(a)
Park residents are permitted
to keep explosive powders for reloading purposes, provided that these
activities conform to applicable state and federal regulations.
(a)
Permits for special events
will only be issued pursuant to standards established in Directors Order and
Reference Manual 53 (
(e) Permits are required for any public assemblies, meetings,
gatherings or other public expressions of views in the monument. Locations of the event must be included in
the permit and approved by the Superintendent.
Written applications for permits must be submitted to the Superintendent
at least 72 hours prior to the date desired for the event. The activity must not conflict with any
scheduled NPS function or program. The following locations are not available:
inside
Permits must be obtained for
sale or distribution of printed material.
Location of such sale or distribution will be limited to those areas
allowed by the Superintendent and will generally be limited to areas close to
but outside of the visitor center and nature center.
Permits of this type are
necessary to control the sale or distribution of printed mater since such
activity may conflict with the overall safety and enjoyment of the Monument by
the majority of visitors.
(b) The scattering of human
ashes from cremation is allowed pursuant to the terms and conditions of a
permit which are as follows:
A. Remains to
be scattered must have been cremated and finely reduced.
B. Scattering
by persons on the ground is to be performed at least 100 yards from any trail,
road, developed facility or body of water.
C. Areas
within
Any location south of the
D. Scattered human remains shall not be
distinguishable to the general public, and shall not be left in any type of
container.
E.
Containers shall be removed
from the area.
F. Except
for authorization to disperse human remains by scattering,
nothing in this permit shall be construed as authorizing an entry or activity
otherwise prohibited or restricted by law or regulation.
A permit must be obtained
from the superintendent prior to dispersal of any remains. Other conditions may apply.
Not
Applicable
(b) (1) The operation of any
tractor/trailer on the road between the
This provision is enacted
for the safety of visitors and the protection of the road surface.
(b) The posted speed limits at
Variations from the speed
limit designations in the general regulations have been made where road
conditions either allow a higher speed without jeopardizing public safety, or
require a lower speed limit for public safety.
(a) The use of bicycles at
Hitchhiking, or the
soliciting of transportation, is permitted within White Sands National Monument
as long as the person does not stand in a roadway and that the
hitchhiking/solicitation does not adversely affect visitor safety or the normal
flow of traffic.
Hitchhiking is commonly engaged in by persons who have been hiking and
need transportation back to their starting point, or by persons who are
traveling without a personal vehicle, or whose vehicle is inoperative.
Part 5 ‑ Commercial
and Private Operations
(a)
Apply as written. A permit
is required for motion picture or television filming.
According to 36 CFR §5.5 (a) motion photography is defined as filming activity,
"…which involves the use of professional casts, settings, or crews, by any
person other than bona fide newsreel or news television personnel…"
(b) Apply as written. A permit is required for still photography.
According to 36 CFR §5.5
(b), Commercial photography is defined as, "The taking of photographs of
any vehicle, or other articles of commerce or models for the purpose of
commercial advertising …"
The Commercial Filming
Policy for
‑ SEE APPENDIX B‑
NATIONAL
PARKS PASS $50.00 VALID FOR 12 MONTHS FROM PURCHASE
GOLDEN
EAGLE STAMP $15.00 w/ PARKS PASS PURCHASE
INDIVIDUAL
FEE (17 & OLDER) $ 3.00 VALID FOR 7 DAYS
GOLDEN
AGE PASSPORT $10.00
GOLDEN
ACCESS PASSPORT ADMITTED
FREE
COMMERCIAL
BUSES
(BY
NUMBER OF SEATS)
1
to 6 seats $25.00
7
to 15 seats $40.00
16
and above $100.00
CAMPING
FEE
Adults $3.00
Children
16 and under $1.50
Golden
Age/Access Pass holders $1.50
--ALL PASSES ARE AVAILABLE
AT ENTRANCE STATION--
MOONLIGHT
BICYCLE RIDE EVENT
Adults $5.00
Children
16 and under $2.50
Golden
Age/Access Pass holders $2.50
Per
Person $3.00
Children
16 and under $1.50
Golden
Age/Access Pass holders $1.50
PHOTOGRAPHY
WORKSHOP
Per
Person
(one day) $15.00
(two day) $20.00