Untitled Texas Attorney General Opinion

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; -2433- 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 -2434- 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 -2435- 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 -2436- 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 -243-l- 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 -2438-