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Founding Legislation
The park's Founding Legislation is a federal law, drawn up by
Congress and signed by the President, which forms the foundation for all the
rules, regulations, laws, and policies of the park. The National
Seashore's founding legislation was signed by President John F. Kennedy on September 28, 1962.
To read the history of the formation of the park and the
background behind the legislation,
follow this
link to read the park's Administrative History.
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Public Law 87-712
87th Congress. S. 4
September 28, 1962
AN ACT
To provide for the establishment of the
Padre Island National Seashore. |
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Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled,
That in order to save and preserve, for purposes of public recreation,
benefit, and inspiration, a portion of the diminishing seashore of the
United States that remains undeveloped, the Secretary of the Interior
shall take appropriate action in the public interest toward the
establishment of the following described lands and waters as the Padre
Island National Seashore: Beginning at a point one statute mile northerly
of North Bird Island on the easterly line of the Intracoastal Waterway;
thence due east to a point on Padre Island one statute mile west of the
mean high water line of the Gulf of Mexico; thence southwesterly
paralleling the said mean high water line of the Gulf of Mexico a distance
of about three and five-tenths statute miles; thence due east to the
two-fathom line on the east side of Padre Island as depicted on United
States Coast and Geodetic Survey chart numbered 1286; thence along the
said two-fathom line on the east side of Padre Island as depicted on
United States Coast and Geodetic Survey charts numbered 1286, 1287, and
1288 to the Willacy-Cameron County line extended; thence westerly along
said county line to a point 1,500 feet west of the mean high water line of
the Gulf of Mexico as that line was determined by the survey of J. S.
Boyles and is depicted on sections 9 and 10 of the map entitled "Survey of
Padre Island made for the office of the Attorney General of the State of
Texas", dated August 7 to 11, 1941, and August 11, 13, and 14, 1941,
respectively; thence northerly along a line parallel to said survey line
of J. S. Boyles and distant there from 1,500 feet west to a point on the
centerline of the Port Mansfield Channel; thence westerly along said
centerline to a point three statute miles west of the said two-fathom
line; thence northerly parallel with said two-fathom line to 27 degrees 20
minutes north latitude; thence westerly along said latitude to the
easterly line of the Intracoastal Waterway; thence northerly following the
easterly line of the Intracoastal Waterway as indicated by channel markers
in the Laguna Madre to the point of beginning. |
Padre Island National
Seashore, Tex.
Establishment. |
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SEC. 2. (a) The Secretary of the Interior (hereinafter
referred to as the "Secretary") is authorized to acquire by donation,
purchase with donated or appropriated funds, condemnation, transfer from
any Federal agency, exchange, or otherwise, the land, waters, and other
property, and improvements thereon and any interest therein, within the
areas described in the first section of this Act or which lie within the
boundaries of the seashore as established under section 3 of this Act
(hereinafter referred to as "such area"). Any property, or interest
therein, owned by the State of Texas or political subdivision thereof may
be acquired only with the concurrence of such owner. Notwithstanding any
other provision of law, any Federal property located within such area may,
with the concurrence of the agency having custody thereof, be transferred
without consideration to the administrative jurisdiction of the Secretary
for use by him in carrying out the provisions of this Act.
(b) The Secretary is authorized to pay for any
acquisitions which he makes by purchase under this Act their fair market
value, as determined by the Secretary, who may in his discretion base his
determination on an independent appraisal obtained by him.
(c) In exercising his authority to acquire property by
exchange, the Secretary may accept title to any non-Federal property
located within such area and convey to the grantor of such property any
federally owned property under the jurisdiction of the Secretary within
such area. The properties so exchanged shall be approximately equal in
fair market value: Provided, That the Secretary may accept cash
from or pay cash to the grantor in such an exchange in order to equalize
the values of the properties exchanged. |
Acquisition of land, etc.
76 STAT. 650.
76 STAT. 651. |
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SEC. 3. (a) As soon as practicable after the date of
enactment of this Act and following the acquisition by the Secretary of an
acreage in the area described in section 1 of this Act, that is in the
opinion of the Secretary efficiently administrable to carry out the
purposes of this Act, the Secretary shall establish the area as a national
seashore by the publication of notice thereof in the Federal Register. |
Publication in F. R.
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(b) Such notice referred to in subsection (a) of this
section shall contain a detailed description of the boundaries of the
seashore which shall encompass an area as nearly as practicable identical
to the area described in section 1 of this Act. The Secretary shall
forthwith after the date of publication of such notice in the Federal
Register (1) send Notice, a copy of such notice, together with a map such
boundaries, by registered or certified mail to the Governor of the State
and to the governing body of each of the political subdivisions involved;
(2) cause a copy of such notice and map to be published in one or more
newspapers which circulate in each of the localities; and (3) cause a
certified copy of such notice, a copy of such map, and a copy of this Act
to be recorded at the registry of deeds for the county involved. |
Notice. |
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SEC. 4. (a) When acquiring land, waters, or interests
therein, the Secretary shall permit a reservation by the grantor of all or
any part of the oil and gas minerals in such land or waters and of other
minerals therein which can be removed by similar means, with the right of
occupation and use of so much of the surface of the land or waters as may
be required for all purposes reasonably incident to the mining or removal
of such from beneath the surface of these lands and waters and the lands
and waters adjacent thereto, under such regulations as may be prescribed
by the Secretary with respect to such mining or removal. |
Mineral reservation.
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(b) Any acquisition hereunder shall exclude and shall
not diminish any right of occupation or use of the surface under grants,
leases, or easements existing on April 11, 1961, which are reasonably
necessary for the exploration, development, production, storing,
processing, or transporting of oil and gas minerals that are removed from
outside the boundaries of the national seashore and the Secretary may
grant additional rights of occupation or use of the surface for the
purposes aforesaid upon the terms and under such regulations as may be
prescribed by him. |
76 STAT. 651.
76 STAT. 652.
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SEC. 5. Except as otherwise provided in this Act, the
property acquired by the Secretary under this Act shall be administered by
the Secretary, subject to the provisions of the Act entitled "An Act to
establish a National Park Service and for other purposes", approved
August, 25, 1916 (39 Stat. 535), as amended and supplemented, and in
accordance with other laws of general application relating to the areas
administered and supervised by the Secretary through the National Park
Service; except that authority otherwise available to the Secretary for
the conservation and management of natural resources may be utilized to
the extent he finds such authority will further the purposes of this Act. |
Administration.
16 USC 1. |
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SEC. 6. The Secretary may provide for roadways from the
north and south boundaries of such public recreation area to the access
highways from the mainland to Padre Island. |
Roadways. |
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SEC. 7. The Secretary of the Interior shall enter into
such administrative agreements with the Secretary of the Navy as the
Secretary of the Navy may deem necessary to assure that the Secretary of
the Interior will not exercise any authority granted by this Act so as to
interfere with the use by the Department of the Navy of any aerial gunnery
or bombing range located in the vicinity of Padre Island. |
Gunnery or bombing ranges.
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SEC. 8. There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of this Act; except
that no more $5,000,000 shall be appropriated for the acquisition of land
and waters and improvements thereon, and interests therein, and incidental
costs relating thereto, in accordance with the provisions of this Act.
Approved September 28. 1962, 12:40 p.m. |
Appropriation. |
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Public Law 90-594
90th Congress, H. R. 17787
October 17, 1968
AN ACT |
82 STAT. 1155 |
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To authorize the appropriation of funds
for Padre Island National Seashore in the State of Texas, and for other
purposes. |
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Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled,
That, notwithstanding any other provision of law, there are hereby
authorized to be appropriated such sums as may be necessary to satisfy the
final judgment of $6,810,380 (that is, $9,212,730 minus $2,402,350
deposited in all figures exclusive of amounts for tract No. 7) rendered
against the United States in civil action numbered 65—C—54 in the United
States District Court for the Southern District of Texas, for the
acquisition of land and interests in land for the Padre Island National
Seashore. The sums herein authorized to be appropriated shall be
sufficient to pay the amount of said judgment, together with interest and
costs as provided by law.
Approved October 17, 1968. |
Padre Island National Seashore, Texas.
Appropriation. |
| LEGISLATIVE HISTORY:
HOUSE REPORT No. 1856 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 1598 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 114 (1968):
Sept. 16: Considered and passed House.
Oct. 4: Considered and passed Senate. |
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Public Law 91-42
91st Congress, H. R. 11069
July 11, 1969
AN ACT |
83 STAT. 45 |
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To authorize the appropriation of funds
for Padre Island National Seashore in the State of Texas, and for other
purposes. |
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Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled,
That, notwithstanding any other provision of law, there are hereby
authorized to be appropriated such sums as may be necessary to satisfy the
final net judgments rendered against the United States in civil action
numered 66—B—1 in the United States District Court for the Southern
District of Texas, for the acquisition of lands and interests in land for
the Padre Island National Seashore, totaling $4,129,820.00, plus interest
as provided by law.
Approved July 11, 1969. |
Padre Island National Seashore, Texas.
Appropriation. |
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LEGISLATIVE HISTORY:
HOUSE REPORT No. 91-305 (Comm. on Interior & Insular Affairs).
SENATE REPORT No. 91-261 (Comm. on Interior & Insular Affairs).
CONGRESSIONAL RECORD, Vol. 115 (1969):
June 16: Considered and passed House.
June 30: Considered and passed Senate. |
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