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WHITE SANDS NATIONAL MONUMENT

 

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 White Sands National Monument. Regulations listed in this compendium are requirements in addition to those listed in Parts 1-7 of Title 36 unless otherwise noted.  The specific authority for this regulatory procedure is found in Sections 1.5, 1.6 and 1.7 of Title 36.  This Compendium will remain in effect until specifically amended or supplemented by the Superintendent.

 

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


 

Part 1 ‑ General Provisions

 

Section 1.2 Applicability and Scope

(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)

June 27, 1953 Added public lands to the Monument. Presidential Proclamation No. 3024 (18 F.R. 3683)

November 10. 1978 This Act adjusted the Monument boundaries by adding certain lands and deleting others (92 Stat. 3467)

September 28, 1996  This Act adjusted the Monument boundaries by adding certain lands and deleting others (110 Stat. 2803)

 

Legal Description. White Sands National Monument is located in the Tularosa Basin of south central New Mexico, between the Sacramento and San Andres mountains. Its 144,000 acres are 15 miles southwest of Alamogordo, New Mexico in Otero and Don Ana counties. White Sands Missile Range and Holloman Air Force Base completely surround the Monument.

 

(b)        There are no privately owned lands within the boundaries of White Sands National Monument.

(c)        No special regulations for White Sands National Monument have been promulgated at this time.

(d)        Apply as written

 

 

 

 

 

 

 

 

 


 

Section 1.5 Closures and Public use Limits

(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 White Sands National Monument are specifically noted in the compendium.

 

These areas are closed due to safety considerations.  Visitors to the Cooperative Use Area must register at the Visitor Center.  They will be given information on the area and potential environmental hazards

 

 

Section 1.6 Permits

 

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     Sale or distribution of printed matter

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

 

 

Section 1.7 Public Notice

(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.

 

 

Part 2 ‑ Resource Protection, Public Use and Recreation

 

Section 2.1 Preservation of Natural, Cultural and Archeological Resources

(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 White Sands National Monument

 

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.

 

Section 2.2 Wildlife Protection

(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. 

 

Section 2.10 Camping and Food Storage

(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.

Section 2.11 Picnicking

Picnicking is allowed within the dune area of White Sands National Monument and the picnic tables in the Visitor Center Area.  Picnicking is not allowed within the residential and Headquarters area (excluding employees).

 

The residential and headquarters areas are reserved for the use of employees and official NPS functions.

 

Section 2.12 Audio Disturbances

(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.

 

Section 2.13 Fires

(a) (1)  Ground fires are prohibited at White Sands National Monument.

 

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 Dunes Drive. When using personal grills, charcoal must be removed from the monument, or placed in the  metal containers provided.

 

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.

 

Section 2.14 Sanitation and Refuse

 (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.

 

Section 2.15 Pets

(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)               White Sands National Monument employees may keep pets in accordance with the White Sands Pet Policy.

 

Section 2.16 Horses and Pack Animals

(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.

 

Section 2.17 Aircraft and Air Delivery

(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.

 

Section 2.20 Skating, Skateboards, and Similar Devices

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.

 

Section 2.21 Smoking

(a)  Smoking is prohibited inside all government buildings within White Sands National Monument. This does not apply to residents occupying government quarters.

 

These restrictions are enacted to protect public health and structures from fire danger or smoke.

 

Section 2.22 Property

(a) (2)  Property may be left unattended for longer than 24 hours at White Sands National Monument only with prior permission from the Superintendent.

 

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.

 

Section 2.23 Recreation Fees

(a)        An entrance fee is established at White Sands National Monument, current fee schedule is attached.

-         SEE APPENDIX A

 

(c)        Entrance fees will be suspended on August 25th, Founders Day and during any other period as determined by the superintendent.

 

 

Section 2.35 Alcoholic Beverages and Controlled Substances

(a) (3) (i)          The White Sands National Monument Visitor Center, including the patio area and parking lots, is closed to the consumption of alcoholic beverages.

 

 

(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.

 

Section 2.38 Explosives

(a)               Park residents are permitted to keep explosive powders for reloading purposes, provided that these activities conform to applicable state and federal regulations.

 

Section 2.50 Special Events

(a)               Permits for special events will only be issued pursuant to standards established in Directors Order and Reference Manual 53 (Special Park Uses) and 36 CFR. All permit requests must be submitted to the superintendent al least 72 hours prior to the planned event.

 

These regulations are enacted to ensure the protection of monument resources, prevent interference with interpretive or other NPS sponsored programs or activities and reduce conflicts with other visitors. Due to the high volume of requests received, Management asks that at least one week notice be given.

 

Section 2.51 Public Assemblies and Meetings

(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 Visitor Center, patio area outside Visitor Center, maintenance area and residential area.

 

These regulations are enacted to ensure the protection of monument resources, prevent interference with interpretive or other NPS sponsored programs or activities and reduce conflicts with other visitors.

 

Section 2.52 Sale or Distribution of Printed Matter

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.

 

Section 2.62 Memorialization

(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 White Sands National Monument where the scattering of human remains are prohibited are:

 

Any location south of the Dunes Drive from the Big Dune Trail to Picnic Area B.  The Big Pedestal Road from Park Headquarters to the end. The backcountry camping area.  Within 1/4 mile of the Visitor Center and Headquarters complex.

 

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.

 

 

Part 3 ‑ Boating and Water Use Activities

 

Not Applicable

 

 

Part 4 ‑ Vehicles and Traffic Safety

 

Section 4.11 Load, Weight, and Size Limits

(b) (1)  The operation of any tractor/trailer on the road between the Visitor Center and the Heart of the Dunes Loop Drive is prohibited. Tractor/trailer operators wishing to visit the Monument may leave their trailers in the Visitor Center parking area. This does not apply to tractor/trailers making deliveries to the Monument.

 

This provision is enacted for the safety of visitors and the protection of the road surface.

 

Section 4.21 Speed Limits

(b)        The posted speed limits at White Sands National Monument are: 15 MPH within the employee housing area and shop facility, including the service road. 45 MPH from the entrance gate to near the Big Dune Trail, 35 MPH from Big Dune Trail to the end of the asphalt roadway. From this point continuing around the loop the speed limit is 25 MPH except 15 MPH in all picnic areas. 

 

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.

 

Section 4.30 Bicycles

(a)        The use of bicycles at White Sands National Monument is permitted only on the asphalt and packed gypsum roadways and in accordance with applicable traffic regulations.

 

Section 4.31 Hitchhiking

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

 

Section 5.5 Commercial Photography

(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 White Sands National Monument is attached.

 

‑ SEE APPENDIX B‑

 


 

APPENDIX A

 

WHITE SANDS NATIONAL MONUMENT FEE SCHEDULE

 

NATIONAL PARKS PASS                $50.00             VALID FOR 12 MONTHS FROM PURCHASE

GOLDEN EAGLE STAMP                 $15.00             w/ PARKS PASS PURCHASE

PARK SPECIFIC ANNUAL PASS    $20.00             VALID FOR 12 MONTHS FROM PURCHASE

 

INDIVIDUAL FEE (17 & OLDER)    $ 3.00             VALID FOR 7 DAYS

 

GOLDEN AGE PASSPORT               $10.00             LIFETIME PASS

 

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

 

LAKE LUCERO TOUR FEE             

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