16 U.S.C. § 459d

Padre Island National Seashore; description of land and waters

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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 National Ocean Survey chart numbered 1286; thence along the said two-fathom line on the east side of Padre Island as depicted on National Ocean 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 therefrom 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.

Notes of Decisions

Cited in 3 cases, 1995–2011 · leading case: Dunn-McCampbell Royalty Interest, Inc. v. Nat'l Park Serv., 630 F.3d 431 (5th Cir. 2011).

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Dunn-McCampbell Royalty Interest, Inc. v. Nat'l Park Serv., 630 F.3d 431 (5th Cir. 2011). “We have also assumed that 16 U.S.C. § 459d — 3(b) requires the Service to recognize the rights of ingress and egress possessed at the time of Texas’s conveyance by those who remove minerals from outside the Seashore’s boundaries.”

Dunn McCampbell Royalty Interest, Inc. v. Nat'l Park Serv., 964 F. Supp. 1125 (S.D. Tex. 1995). · cites it 3× “Padre Island National Seashore Enabling Legislation In 1962, pursuant to the Property Clause and in accordance with the Park Service’s Organic Act, Congress enacted the Padre Island National Seashore Enabling Legislation (Padre Enabling Act), 16 U.S.C. § 459d et seq., thereby…”

Austral Oil Co., Inc. v. Nat'l Park Serv., 982 F. Supp. 1238 (N.D. Tex. 1997). · cites it 3× “” 16 U.S.C. § 459d. In 1978, the NPS issued its Non-Federal Oñ and Gas Rights Regulations for PINS.”

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