Heinrich Maneuver: White Sands to become New Mexico's next national park, if federal defense bill passes

White Sands National Monument could become New Mexico's next national park, as the National Defense Authorization Act proceeded through Congress with a conference report, following passage in the U.S. House of Representatives and Senate. The bill included language to re-designate the national monument as White Sands National Park, and included specifics about a land swap between the National Park Service and the U.S. Department of the Army. The House and Senate must now vote on the conference report before it is sent to the desk of U.S. President Donald Trump to be signed into law. U.S. Sen. Martin Heinrich (D-NM) said he expected the item to reach the President's desk by next week. He said the Senate and House versions of the bill were identical, and were supported by both Republicans and Democrats. "We expect that to be successful on both sides based on previous votes and information," Heinrich said. "I really think this will likely be on the President’s desk by next week." About 2,826 acres of land within the monuments current boundaries would be transferred from the Army's management to that of the U.S. Department of the Interior and the National Park Service, per the bill. Another 5,766 acres of "new additions" would also be added to NPS management in White Sands National Park. In exchange, about 3,737 acres of land previously managed by the DOI, would be transferred to the jurisdiction of the DOA...MORE 

About the Heinrich Maneuver, I wrote in April of this year: 

President Trump has signed into law S. 47, the “John D. Dingell, Jr. Conservation, Management, and Recreation Act”, now Public Law No: 116-9. Tucked within this massive, 640-page, 105,634-word bill, you will find Section 1201 containing 3, 338 words that designate 10 Wilderness areas in  Dona Ana County, NM and in Section 1202 there are 820 words designating 2 Wilderness areas in northern NM.

Both of these sections were a result of legislation introduced by members of the NM Congressional Delegation. Were any of these legislative initiatives as stand-alone bills passed by the House of Representatives? No. Were they subject to debate on the Senate floor and passed by the Senate? No. Instead, they were rolled into this huge federal lands package.

If these are such wonderful bills that benefit the public, why are they unable to pass them as stand-alone bills? If they have such broad public support, why are they afraid to subject them to the scrutiny and debate of the regular, traditional legislative process?

What we are witnessing is a particular legislative tactic by Senator Heinrich. He introduces a bill, gets a committee hearing held and sometimes gets the committee to pass the bill. But rather than taking the bill to the Senate floor, he holds back and does nothing until an Omnibus bill of some type comes along, and then attaches his legislation to the larger packet of bills.

Remember the Columbine-Hondo Wilderness legislation? Remember the bill to transfer the Valles Caldera from a public trust to the Park Service? Those were attached to the National Defense Authorization Act in 2014, just like these Wilderness bills were attached to this federal lands package.

Let’s call it the Heinrich maneuver, and I’m confident he will choke us with it again in the future.

And on this particular bill, in October I wrote: 

Rep. Torrez Small says, “It is included in the NDAA because it involves military land."

That ain't necessarily so. Heinrich has used the NDAA to designate the Columbine-Hondo Wilderness in Taos County, to expand the Wheeler Peak Wilderness and to transfer the Valles Caldera from the Forest Service to the National Park Service, no military lands involved. So let's call it what it is - another Heinrich Maneuver.

Heinrich will take whatever legislative vehicle is available to take federal land out of multiple-use status, or take it from a less burdensome management category to a more restrictive management regime. At least this time the legislation has passed both Houses of Congress before going to conference, which is not the typical tactic.

It only takes 275 words in Sec. 2854 of the NDAA to designate the National Park. Sec. 2865 of the NDAA contains 1062 words and provides for the land exchange. It was not necessary to designate a national park in order to effectuate the land exchange. The driving force here is Senator Heinrich using his position on the Senate Armed Services Committee to insert an environmental land-use designation in a national defense bill.