Enabling Legislation

What is "Enabling Legislation?"

A natural, historical, or recreational area becomes a unit of the National Park System by a Congressional Act or by Presidential Proclamation under the 1906 Antiquities Act. These instruments are often refered to as the System unit's "enabling legislation." The enabling legislation establishes the purpose, boundaries, and operating conditions that may apply to the specific unit. As part of a System unit's statement of purpose, certain uses may be identified, such as the continuation of pre-existing uses. For recreation areas, the superintendents may allow a wider range of activities if appropriate to the unit's purpose and non-detrimental to the resource(s). As provided in the 1916 Act to establish a National Park Service, and for other purposes (also called the "Organic Act") and through subsequent amendments, the National Park Service must manage each System unit in accordance with its enabling legislation.

The enabling legislation for Amistad National Recreation Area reflects a dual mandate: providing for a variety of safe outdoor recreation uses and enjoyment in accordance with its enabling legislation while protecting the scenic, scientific, and cultural resources in accordance with the Organic Act.

PUBLIC LAW 101-628-NOV. 28, 1990

16 USC 460fff

SEC. 505. ESTABLISHMENT OF AMISTAD NATIONAL RECREATION AREA.

a) In order to-

(1) provide for public outdoor recreation use and enjoyment of the lands and waters associated with the United States portion of the reservoir known as Lake Amistad, located on the bound­ary between the State of Texas and Mexico, and
(2) protect the scenic, scientific, cultural, and other value contributing to the public enjoyment of such lands and waters, there is hereby established the Amistad National Recreation Area (hereafter in this section and section 506 referred to as the "recre­ation area").

(b) The recreation area shall consist of the Federal lands, waters, and interests therein within the area generally depicted on the map entitled "Boundary Map, Proposed Amistad National Recreation Area", numbered 621/20,013-B, and dated July 1969. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary of the Interior (hereafter in this Act referred to as the "Secretary'') may from time to time make minor revisions in the boundary of the recreation area, but the total acreage of the recreation area may not exceed 58,500 acres. Within the boundary of the recreation area, the Secretary may acquire lands and interests in lands by purchase with donated or appropriated funds, exchange, or transfer without re­-imbursement from any Federal agency.

SEC. 506. ADMINISTRATION.

(a) The Secretary shall administer the recreation area in accord­ance with applicable provisions of this Act and the provisions of law generally applicable to units of the national park system, including the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4), and the Act of August 7, 1946 (60 Stat. 885). In the administration of such recreation area, the Secretary may utilize such statutory authority as may be available to him for the protec­tion of natural and cultural resources as he deems necessary to carry out the purposes of this Act. Nothing in this Act shall be construed to amend or alter the responsibilities of the International Boundary and Water Commission, United States and Mexico, under any applicable treaty.
(b) The administration of the recreation area by the Secretary shall be subject to and in accordance with all applicable treaties, including the treaty between the United States and Mexico relating to the utilization of waters of the Colorado and Tijuana Rivers and the Rio Grande, entered into force November 8, 1945 (59 Stat. 1219), and in accordance with the Act of July 7, 1960 (Public Law 86-605; 74 Stat. 360), and any commitment or agreement entered into pursuant to such treaty or Act, including (but not limited to) commitments or agreements relating to-

(1) the demarcation and maintenance of boundaries;
(2) the use, storage, and furnishing of water;
(3) control of floods;
(4) investigations relative to the operation of the Amistad Dam; and
(5) the production of hydroelectric energy.

(c) The Secretary shall conduct a survey of the cultural resources in the immediate vicinity of the recreation area. The Secretary is authorized to enter into cooperative agreements with public or private entities, including landowners, for the purpose of conducting the survey required by this subsection. Not later than two years after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the results of the survey required by this subsection.

(d)(1) The Secretary shall permit hunting and fishing on lands and waters under the Secretary's jurisdiction within the recreation area in accordance with applicable Federal and State law. The Secretary may designate zones where, and establish periods when, hunting or fishing will not be permitted for reasons of public safety, administra­tion, fish and wildlife management, or public use and enjoyment.

(2) Except in emergencies any regulations issued by the Secretary under this subsection shall be put into effect only after consultation with the appropriate State agencies responsible for hunting and fishing activities.

(e) For purposes of administering the recreation area, the Sec­retary may enter into cooperative agreements with any Federal agency, the State of Texas, or any political subdivision thereof, for the rendering, on a reimbursable basis, of rescue, firefighting, and law enforcement and fire preventive assistance.

SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be necessary to carry out the purposes of sections 505 and 506 of this Act.