September 30, 1965
Honorable John Connally Opinion No. C-518
Governor of Texas
Austin, Texas Re: Whether Texas Is authorized
to participate In the Land
and Water Conservation Funds
Act, Public Law 88378, and
can receive and disburse
funds for the purpose of
Dear Governor Connally: the Act.
You have requested an opinion from this office concern-
ing whether the Parks and Wildlife Department Is authorized to
receive Federal funds under the Land ConservationFund Act, Public
Law 88-578. In addition, you have pointed out that before the
State of Texas Is eligible to receive certain grants-in-aidap-
portioned to it in the amount of $3,544,969 the United States
Department of the Interior, Bureau of Outd.oorRecreation, requires
that the followingauthority be vested in some state agency or
agencies:
"1. To prepare and maintain a Comprehensive
State Outdoor Recreation;
“2. To develop, operate, and maintain outdoor
recreationareas and facilities;
"3. To acquire land, waters, and Interests In
land and waters for recreation purposes;
"4. To enter Into contracts and agreements
with the United States and an appropriateagency
thereof;
"5. To keep financial and other records rela-
tive to such contracts and agreements;
"6. To furnish appropriate officials of the
United States such reports and Informationas are
required for the conduct of the grant program;
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Honorable John Connally, page 2 (C-518)
“7. TO coordtnateIts recreation activities
with those of other State Agencies and governmental
units;
"8. To receive Federal moneys;
"9. To disburse Federal moneys;
"10. To assure the United States that the
State has the ability and Intention to finance
its share of any project proposed;
"11. To assure that areas acquired or developed
with money granted from the Fund will be operated
and maintained for public recreation purposes;
"12. To enter Into agreements on behalf of
political subdivisionsand public agencies, and
to require from such entitles the necessary fl-
nancial and other assurances."
Senate Bill 165, Acts of 59th Legislature,Regular
Session, 1965, Ch. 112, p. 269 provides that:
"Section 1. The Parks and Wildlife Depart-
ment of the~State of Texas is hereby designated
a&the State Agency to cooperate with the Federal
Government In the administrationof the provisions
of any federal assistanceprograms for the planning,
acquisition,operation,and development of the out-
door recreation resources of the State, including
the acquisitionof lands and waters and interests
therein, and specificallyto cooperate with the
Federal Government In the administrationof the
provisions of the 'Land and Water Conservation
Fund Act of 1965' (Public Law 88-578) effective
January 1, 1965, and any amendments which may
be added thereto from time to time, In the event
no other State Agency is by law d.esignatedto
cooperate with the Federal Government in the
administrationof the provisions of such Act
or other Acts which may be hereafter enacted
by the Congress.
*The Parks and.Wildlife Department Is
hereby'aithorizedand directed to cooperate with
the proper departmentsof the Federal Government.
and with all other departmentsof the state and
local governments includingas a part of a state
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Honorable John Connally,page 3 (C- 518)
plan water districts, river authorities,and
special d.lstrlctsIn out-door recreation In
the enforcementand admlnlstratlonof the pro-
visions of the Fed.eralActs and any Amendments
thereto. . . .It Is the intent of the Legla-
lature to add to the purposes, functionsand
duties of river authoritiesand water d,lstrlcts
or other political subdivisionsorganizedunder
Article III, Section 52, or Article XVI, Section
59, of the Constitutionof Texas, and counties,
to acquire land.8for public recreationpurposes,
to construct thereon facllltlesfor public use,
to provide for the operation,maintenanceand
supervisionof such public recreationareas,
and to enter Into agreementswith other local,
state or Federal Agencies for planning, cons-
tructlon, maintenance,and operation of such
facilltles,together with necessary access
roads thereto, and to maintain adequate sanitary
standards on the land and water areas as a
part of and adjacent to such recreationareas.
. . .
“Sec. 2. The Parks and Wildlife Department
Is authorized and empowered to prepare, maintain,
and keep up-to-date a state-widecomprehensive
plan for the developmentof the outdoor recreation
resources of the State of Texas; to develop, operate,
and maintain outdoor areas and facilitiesof the
state and to acquire land, waters, and Interests
In land and waters for such areas and facilities.
%ec. 3. The Parks and Wildlife Department
is authorized to apply to any appropriateagency
or officer of the United States for participation
In or the receipt of aid from any Federal programs
as now provid.edby law or as may hereafter be pro-
vided respecting outdoor recreation. The Parks and
Wildlife Department Is authorizedto enter Into con-
tracts and agreementswith the United States or any
appropriateagency thereof for the purpose of plan-
ning, for acquisitionof, and d.evelopment of outdoor
recreation resources of the state in conformitywith
the provisions of the ‘Land and Water Conservation
Fund Act of 1965’ and any Amendmentsthereto, and.
in conformity with any other Federal Act the pur-
pose of which Is the developmentof outdoor recrea-
tion resources of the state. The Department shall
keep financial and other records relating to such
programs and shall furnish to appropriate offlClalS
and agencies of the United States and of the State
Government such reports and Informationas may be
reasonably necessary to enable such officials and
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Honorable John Connally,page 4 (C-518)
agencies to carry out their responslbllltles
for the administrationof such programs.
“In order to obtain the benefits of any such
programs, the Parka and Wildlife Department shall
coordinate Its activitieswith and represent the
interests of all agencies and political subdivisions
of the State of Texas. . . .
“Sec. 4. The Parks and Wildlife Department
shall make no commitmentor enter Into any agree-
ment pursuant to the authorityunder this Act
until it has determinedthat sufficientfunds
are available to it for meeting the state’s share,
If any, of the cost of the project. It is the
legislative Intent that to such extent as may be
necessary to assure the proper operation and maln-
tenance of areas and facilltles acquired or devel-
oped pursuant to any program participatedin by
the State of Texas under authority of this Act
such areas and facllltlesshall be publicly maln-
tained for outdoor recreationpurposes.
“The Parks and Wildlife Department may enter
into and administeragreementswith the United
States or any appropriateagency thereof for
plans, acquisition,operation, and development
of projects involvingparticipatingFed.eralaid
funds on behalf of any political subdlvlalonor
subdlvlslonsof the State of Texas.
vlded that such political subdivlslon’o~%vi-
slons shall provide certificationand give neces-
sary assurance to the Department that they have
available sufficientfunds to meet their share
if any, of the cost of the project and that the
acquired or developedareas will be operated and
maintained at the expense of such subdivision
or subdivisions.. .for public outdoor recreation
use ?.
“Sec. 5. The Parks and Wildlife Department
is authorizedto accept and expend any Federal
moneys allocated to the State of Texas for any
projects or programs established for the purpose
of carrying out the provisions of this Act and
for administrativeexpenses and/or any other ex-
penses incident to the administrationof said
projects or programs.
“The Parks and Wildlife Department 18 au-
thorized to receive and expend.funds fran the
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Honorable John Connally, page 5 (C- 518)
state, counties, and cities, and from any other
source for the purpose of carryingout the pro-
visions of this Act. . . ."
In view of the foregoingprovisions contained In
Senate Bill 165, we are of the oplnlon that the Parks and Wlld-
life Department is authorized to participateIn the "Land and
Water ConservationFund Act", Public Law 88-578, and to receive
and expend funds for such purpose.
In addition, we are of the further opinion that the
provisions of Senate Bill 165 vests In the Parks and Wildlife
Departmentthe authority required by the United States Department
of the Interior, Bureau of Outdoor Recreation,to make the State
of Texas eligible to receive certain grants-in-aidpursuant to
the "Land and Water ConservationFund Act", Public Law 88-578.
SUMMARY
The Parks and Wildlife Department,pursuant
to the provisions of Senate Bill 165, Acts of the
59th Legislature,Regular Session, 1965, Ch. 112,
p. 269, Is authorized to participateIn the "Land
and Water ConservationFund Act", Public Law 88-578.
The provisions of Senate Bill 165 vests In
the-Parks and Wildlife Departmentthe authority,
required by the United States Departmentof the
Interior, Bureau of Outdoor Recreation,to make
the State of Texas eligible to receive certain
grants-in-aidpursuant to the "Land and Water
ConservationFund Act," Public Law 88-578.
Very truly yours,
WAGGONER CARR
Attorney General
PB:mkh
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Honorable John Connally,page 6 (C- 518)
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
W. 0. Shultz
John Reeves
Roy Johnson
c. L. Snow
APPROVED FOR THE ATTORNEY GENERAL
BY: T. B. Wright
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Untitled Texas Attorney General Opinion
Combined Opinion