LEGISLATION / AGREEMENTS
Public Law 86-605, Storage DamU.S. and Mexico
Public Law 101-628. Establishment of Amistad National Recreation Area.
1944 United States International Boundary and Water Commission / Government of Mexico Joint Water Treaty Cooperative Agreement.
The following is a copy of the original.
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT, made and entered into this 11th day of November 1965, between the UNITED STATES SECTION of the INTERNATIONAL BOUNDARY AND WATER COMMISSION, hereinafter referred to as the Section, and the NATIONAL PARK SERVICE, hereinafter referred to as the Service, as agencies of the United States of America, pursuant to the Treaty of February 3, 1944 between the United States and Mexico (Treaty Series 994), the Act of July 7, 1960 (74 Stat. 360), and the Act of August 7, 1946 (60 Stat. 885)
WHEREAS, the Section is proceeding jointly with the Mexican Section of the International Boundary and Water Commission with the construction of the Amistad Dam and Reservoir as contemplated in the Treaty with Mexico relating to the utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande, signed at Washington, February 3, 1944 (59 Stat. 1219), and in accordance with subsequent agreements between the two Governments, and as authorized by the Act approved July 7, 1960 (74 Stat. 360) insofar as the United States Section is concerned; and
WHEREAS, lands in the United States are being acquired for the purposes of the project, as authorized by the aforesaid Water Treaty with Mexico, February 3, 1944, and the Act approved July 7, 1960; and it is contemplated that additional lands may be acquired for the United States; and
WHEREAS, a large number of persons are expected to use the United States lands and waters of the acquired area for the purposes of recreation; and
WHEREAS, the Service is experienced in administering areas devoted to recreation; and
WHEREAS, Section 1(b) of the Act of August 7, 1946 (60 Stat. 885) authorizes the use of appropriated funds by the Service for the administration, protection, improvement, and maintenance of areas under the jurisdiction of other agencies of the Government when such areas are devoted to recreational use pursuant to cooperative agreements; and
WHEREAS, it is the belief of both agencies that the best interests of the public may be better served through administration of certain portions of the lands and the surface of waters within the United States side of the project area, and the provision of recreation therein, by the Service:
NOW, THEREFORE, the Section and the Service do hereby mutually agree as follows:
1. The Section shall retain complete authority over and responsibility for the construction, operation, and maintenance of the United States portion of Amistad Dam and Reservoir, together with all engineering works in connection therewith, in accordance with the Treaty of February 3, 1944 (Treaty Series 994) and the Act of July 7, 1960 (74 Stat. 360). Except for the areas required by the Section for construction, operation, and maintenance of the portion of the dam and reservoir allocated to the United States, the Service shall, subject to understandings set forth hereinafter, administer all lands and the surface of the waters within the project area and on the United States side, thereof, providing for recreation therein. The agreed areas of authority between the Section and the Service include all those lands acquired by the Section for project purposes under the authority of the aforesaid Act of July 7, 1963, the surface of the waters on the United States side, and such other related lands as may hereafter be acquired by the United States under future authority. These lands, to the extent now acquired, are generally depicted on the enclosed Exhibit "A" entitled Proposed Amistad Recreation Area, SA-AMI-7104, dated August 1965, which is expressly made a part hereof, with the understanding that the same may be revised at any time to illustrate changes in the project area as a result of land acquisition.
2. The parties to this agreement acknowledge: (a) that Amistad Dam and Reservoir are being jointly constructed and will be jointly operated and maintained by the United States and Mexico, in accordance with the provisions of the Water Treaty with Mexico, in accordance with the provisions or the Water Treaty with Mexico, February 3, 1944, and subsequent agreements between the two Governments; (b) that the ownership and control of the waters stored therein are determined pursuant to said Treaty; (c) that requirements in the United States for domestic and irrigation use of the waters therein belonging to the United States are determined by the authorities of the State of Texas and the waters belonging to Mexico are controlled by Mexican authorities; and (d) that insofar as the United States portion thereof is concerned, the project was authorized and is being constructed for the Treaty purposes of flood control, water conservation, and the generation of hydroelectric power; and such other beneficial purposes as recreation and fish and wildlife conservation, as determined by the Section. This agreement shall not be construed to (a) conflict with said Treaty purposes of the project; (b) alter or in any way interfere with the Section's control over storage and release of the United States share of water pursuant to orders of the State of Texas; or (c) conflict with the construction, operation, and maintenance of Amistad Dam and Reservoir by the International Boundary and Water Commission, United States and Mexico, pursuant to the provisions of the Treaty of February 3, 1944, and any agreement thereunder or the operational mandate for the Section contained in Sec. 3 of the Act of July 7, 1960. However, subject to said Treaty and statutory requirements for operation of the project for the primary purposes for which it is being built, the Section will at all times conduct its operations with consideration for the best possible use of the Reservoir and the adjacent areas for recreational enjoyment by the public. The Service shall determine the optimum and minimum pool levels desirable for public recreational use and will provide the Section with this information for its consideration in carrying out the purposes of this paragraph.
3. The Service shall obtain the concurrence of the Section prior to making any new development or granting any concession, lease, license, or permit which, because of its nature or location, could affect the Section's activities at the area under its administration. The Section shall obtain the concurrence of the Service before making any new development or granting any concession, lease, license, or permit at the Amistad Dam and Reservoir which could affect the recreational and tourist facilities on the remainder of the project area, with the exception of those works required for effecting said Treaty purposes of the project. The Section shall when practical advise the Service beforehand of works to be installed for said Treaty purposes.
4. The parties to this agreement acknowledge and understand that the fulfillment of the agreement is contingent upon the availability of funds for the purposes thereof.
Subject to the primary purposes of the project, area limitations, and other provisions contained in Article I hereof, the Service in its administration of the project area for recreation shall be responsible for:
1. Preparing plans for, obtaining appropriations for, and constructing recreational facilities, including roads and trails, within the United States project area. The preparation and implementation of such plans will be coordinated with the Section and other concerned Federal, State, and local agencies.
2. Advertising for, evaluating, and approving or rejecting bids and negotiating contracts for the installation or construction of recreational facilities.
3. Negotiating and executing contracts with private individuals, partnerships, or corporations for supplying necessary visitor services related to recreational use of the project area, including, but not limited to, use of the waters for boating, canoeing, bathing, and sightseeing; and prescribing and enforcing reasonable rates and standards for the Supplying of such services, with the understanding that any consumptive uses of waters will be arranged for with appropriate authorities of the State of Texas and that such uses will be measured and reported to the State and to the Section.
4. Establishing and enforcing policies, rules and regulations regarding the recreational use of lands and waters in the project area, including those required to prevent pollution or contamination of the international waters. It is understood that grazing activities, if any, will be confined to that portion of the area administered by the Service and will be controlled and supervised by the Service after consultation with the Texas Parks and Wildlife Department.
5. Promulgating and enforcing such rules and regulations as are necessary or desirable for the conservation of any historic or archeological remains, and control of all archeological excavation and historical or archeological research, or as may be needed for recreational use and enjoyment of the area and for the public health, safety, and welfare of visitors.
6. Establishing and maintaining protective, interpretive, and other facilities and services as may be necessary for the safe and full use and enjoyment of the area for recreational purposes. Public information activities and services shall be provided by the Service in coordination with the Section in order to facilitate public understanding of the interrelated programs of these agencies within the area.
7. Control of transportation in the area under its administration, whether by land, water, or air, to the extent consistent with Federal law, but such control shall not affect transportation the Section may require for the performance of its functions or transportation governed by Article III, paragraphs numbered 3 and 4.
8. Extending to the Section technical assistance in the planning and development of exhibits and interpretive devices oriented toward visitor understanding and enjoyment of the project and related resources.
9. Negotiation of agreements or coordination of activities with State and Federal wildlife agencies as desirable for the conservation and protection of wildlife consistent with applicable law.
10. Such other functions as are reasonably related to, or necessary for, its administration of the project area.
11. Ensuring that no recreational use of Amistad Dam and Reservoir Project areas within the United States shall be permitted which is inconsistent with the laws of the State of Texas for the protection of fish and game and the protection of the public health, safety, and welfare. The Service, after consultation with the Texas Parks and Wildlife Department, may issue regulations designating zones where and establishing periods when no hunting, fishing, or trapping shall be permitted for reasons of public safety, use, or enjoyment.
Subject to the area limitations and provisions contained in Article I hereof, the Section shall be responsible for:
1. Construction, operation, and maintenance of the United States portion of Amistad Dam and Reservoir and all engineering works incidental thereto or in connection therewith, together with all appurtenances thereof for the proper storage, release, protection, and utilization of water under the provisions of the Water Treaty with Mexico, February 3, 1944, and the Act approved July 7, 1960.
2. Consultation with the Service on matters involving the development or administration of recreational facilities or public information services to be provided in the area required by the Section for construction, operation, and maintenance of the United States portion of Amistad Dam and Reservoir.
3. Establishment and enforcement of rules and regulations governing public access to Amistad Dam and the engineering works appurtenant thereto, and the control of traffic on the roads providing immediate access to the dam and its appurtenant engineering works, including meteorological and hydrological stations.
4. Establishment and, in cooperation with the Service, enforcement of such limitations governing approach to the dam and appurtenant works by water as may be necessary either for their efficient functioning or for the safety of the public.
5. Consulting with and advising the Service so that recreational development and administration of the project area will be coordinated with construction and operation of Amistad Dam and Reservoir.
This Memorandum shall remain in force as written unless the parties thereto mutually agree to its revision or termination, or unless termination is directed by the Secretaries of State and Interior, or until enactment by the Congress of inconsistent or superseding legislation.
UNITED STATES SECTION, INTERNATIONAL
NATIONAL PARK SERVICE
APPROVED NOV 11, 1965:
Last Updated: 26-Mar-2007