16 U.S.C. § 460fff–1: Administration

Summary

The Secretary must run the recreation area like other national park units and follow this Act and laws such as the National Park Service Act of August 25, 1916, and the Act of August 7, 1946. The Secretary may use available powers to protect natural and cultural resources. Running the area must not change the duties of the International Boundary and Water Commission, United States and Mexico. The Secretary must follow all treaties, including the U.S.-Mexico water treaty of November 8, 1945, and sections 277d–13 to 277d–16 of title 22, and any agreements under them. That covers things like boundary marking, water use and storage, flood control, studies about Amistad Dam operation, and hydroelectric power. The Secretary must survey cultural resources near the area and may work with public or private partners, including landowners, and must report the results to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources no later than two years after November 28, 1990. Hunting and fishing on lands and waters the Secretary manages must follow federal and state law; the Secretary can create closed zones or seasons for safety, wildlife management, or public use and must consult state agencies before putting rules in place except in emergencies. The Secretary may also make reimbursable agreements with federal agencies, the State of Texas, or local governments for rescue, firefighting, law enforcement, and fire-prevention help.

Title 16, §460fff–1

Conservation, Source: USLM XML via OLRC

(a)In general

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)Compliance with treaties and other commitments or agreements

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 sections 277d–13 to 277d–16 of title 22, and any commitment or agreement entered into pursuant to such treaty or sections, 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)Survey of cultural resources; report to Congress

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 November 28, 1990, 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)Hunting and fishing

(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)Rescue, firefighting, and law enforcement assistance

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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (a), is Pub. L. 101–628, Nov. 28, 1990, 104 Stat. 4469, which enacted this subchapter, subchapters CXV (§ 460ddd) and CXVI (§ 460eee et seq.) of this chapter, chapter 65 (§ 4601 et seq.) of this title, and former sections 1a–9 to 1a–13 of this title, amended section 410ee, former section 463, and section 1274 and 1276 of this title, enacted provisions set out as notes under section 1132 and 1271 of this title and section 1522 of Title 43, Public Lands, and formerly set out as notes under section 1a–5 of this title, and enacted provisions listed in a table of Wilderness Areas set out under section 1132 of this title. For complete classification of this Act to the Code, see Tables. 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), referred to in subsec. (a), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted section 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and section 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. The Act of

August 7, 1946 (60 Stat. 885), referred to in subsec. (a), is act Aug. 7, 1946, ch. 788, 60 Stat. 885, which enacted section 17j–2 of this title. Subsecs. (b) to (g), (i), and (j) of the Act were repealed and restated in section 103102 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.

§460fff–1 Administration