September 30, 1965

Honorable John Connally Governor of Texas Austin, Texas Opinion No. C-518
Re: Whether Texas Is authorized to participate In the Land and Water ConservationFunds Act, Public Law 88378, and can receive and disburse
Dear GovernorConnally: funds for the purpose of the Act.
You have requested an opinion from this office concerning whether the Parks and Wildlife Department Is authorized to receive Federal funds under the Land Conservation Fund Act, Public Law 88-578. In addition,you have pointed out that before the State of Texas Is eligible to receive certain grants-in-aidapportioned to it in the amount of $3,544,969the United States Departmentof the Interior,Bureau of Outd.oor Recreation, 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 appropriate agency thereof; "5. To keep financial and other records relative to such contracts and agreements; "6. To furnish appropriate officialsof the United States such reports and Information as are required for the conduct of the grant program;

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“7. TO coordtnateIts recreationactivities with those of other State Agencies and governmental units; "8. To receive Federalmoneys; "9

. To disburse Federalmoneys; "10. To assure the United States that the State has the ability and Intentionto 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 recreationpurposes; "12. To enter Into agreements on behalf of political subdivisions and public agencies,and to require from such entitles the necessary flnancial 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 Department of the~State of Texas is hereby designated a&the State Agency to cooperatewith the Federal Government In the administration of the provisions of any federal assistanceprograms for the planning, acquisition,operation,and developmentof the outdoor recreationresources of the State, including the acquisitionof lands and waters and interests therein, and specifically to cooperatewith the Federal Government In the administration of the provisions of the 'Landand Water Conservation Fund Act of 1965' (PublicLaw 88-578) effective January 1, 1965, and any amendmentswhich may be added thereto from time to time, In the event no other State Agency is by law d.esignated to cooperatewith the Federal Government in the administration

of the provisionsof such Act or other Acts which may be hereafter enacted by the Congress.

*The Parks and.

Wildlife Department Is hereby'aithorized

and directed to cooperatewith the proper departmentsof the Federal Government. and with all other departmentsof the state and local governmentsincludingas a part of a state

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plan water districts,river authorities, and special d.lstrlcts

In out-doorrecreation In the enforcementand admlnlstratlon of the provisions of the Fed.eral Acts and any Amendments thereto.

. . .It Is the intent of the Leglalature to add to the purposes, functionsand duties of river authorities and water d,lstrlcts or other political subdivisions organized

under Article III, Section 52, or Article XVI, Section 59, of the Constitution of Texas, and counties, to acquire land.8

for public recreation purposes, 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,constructlon,maintenance, and operationof such facilltles,togetherwith necessaryaccess roads thereto, and to maintain adequate sanitary standardson the land and water areas as a part of and adjacent to such recreationareas.

. . .“Sec. 2. The Parks and Wildlife Department Is authorizedand empoweredto 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 appropriate agency or officer of the United States for participation In or the receipt of aid from any Federalprograms as now provid.ed

by law or as may hereafterbe provided respecting outdoor recreation. The Parks and Wildlife Department Is authorizedto enter Into contracts and agreements with the United States or any appropriateagency thereof for the purpose of planning, for acquisitionof, and d.evelopment of outdoor recreationresources of the state in conformitywith the provisions of the ‘Landand Water Conservation Fund Act of 1965’ and any Amendmentsthereto, and. in conformitywith any other Federal Act the purpose of which Is the developmentof outdoor recreation resources of the state. The Department shall keep financial and other records relating to such programs and shall furnish to appropriateofflClalS and agencies of the United States and of the State Government such reports and Information as may be reasonablynecessary to enable such officials and

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agencies to carry out their responslbllltles for the administration of such programs. “In order to obtain the benefits of any such programs, the Parka and Wildlife Department shall coordinate Its activities with and represent the interests of all agenciesand political subdivisions of the State of Texas.
. . . “Sec. 4. The Parks and Wildlife Department shall make no commitment or enter Into any agreement pursuant to the authorityunder this Act until it has determined that 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 operationand malntenance of areas and facilltlesacquired or developed pursuant to any program participatedin by the State of Texas under authority of this Act such areas and facllltlesshall be publiclymalntained for outdoorrecreationpurposes. “The Parks and Wildlife Departmentmay enter into and administer agreementswith the United States or any appropriate agency thereof for plans, acquisition, operation,and development of projects involving participatingFed.eral aid funds on behalf of any political subdlvlalonor subdlvlslons

of the State of Texas. vlded that such political subdivlslon’o~%vislons shall provide certification and give necessary assurance to the Department that they have available sufficient funds 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 allocatedto the State of Texas for any projects or programsestablishedfor the purpose of carrying out the provisions of this Act and for administrative expensesand/or any other expenses incident to the administrationof said projects or programs. “The Parks and Wildlife Department 18 authorized 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 provisions of this Act.
. . ."
In view of the foregoingprovisionscontained In Senate Bill 165, we are of the oplnlonthat the Parks and Wlldlife Department is authorizedto participateIn the "Land and Water Conservation Fund 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 requiredby the United States Department of the Interior,Bureau of OutdoorRecreation,to make the State of Texas eligible to receive certaingrants-in-aidpursuant to the "Land and Water Conservation Fund 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, requiredby the United States Departmentof the Interior,Bureau of Outdoor Recreation,to make the State of Texas eligible to receive certain grants-in-aid

pursuant to the "Land and Water Conservation

Fund Act," Public Law 88-578.

Very truly yours, WAGGONER CARR Attorney General

PB:mkh

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APPROVED: OPINION COMMITTEE
W. V. Geppert, Chairman
W. 0. Shultz John Reeves Roy Johnson c. L. Snow APPROVED FOR THE ATTORNEYGENERAL BY: T. B. Wright

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