Senator Elliott Shapleigh (D-El Paso) has demanded the Texas General Land Office cease land swaps in the Black Gap Wildlife Management Area, and elsewhere in the state.
Shapleigh, who introduced legislation in 1997 to allow swaps from the GLO to Parks and Wildlife, told The Gazette, “We put a section in the bill that mandates the GLO to provide preference to Texas State Parks on adjoining land. Our intent was to increase beautiful Texas State Parks for the people of Texas, not take it away from them. What the GLO is doing at Black Gap is contrary to the intent of HB 770. On Monday we will deliver a letter to Commissioner Patterson demanding a stop to any act that may violate the law.”
Shapleigh added that he is passionate about the Big Bend and that his father was born in Shafter.
Texas Parks and Wildlife (TPWD), which manages the Black Gap Wildlife Management Area just northeast of Big Bend National Park, has implemented and possibly concluded a plan to transfer land to the Texas General Land Office (GLO), which will then sell the acreage. In return, TPWD will receive land elsewhere.
Under documents obtained by The Gazette under the Texas Public Information Act, CEMEX, Inc., a Houston subsidiary of the Monterrey, Mexico-based international cement conglomerate CEMEX S.A. de C.V., has offered $3,461,658 for a 25,071-ACRE chunk of Black Gap. The offer by CEMEX would net the state a profit of $729,212 or $29.08 per acre above its appraised value. Under the CEMEX offer, the land purchased from the GLO would have been returned to TPWD, Black Gap Management area. In a letter from CEMEX Environmental Culture and Conservation Manager, Dan Roe to GLO Commissioner, Jerry Patterson dated March 30, 2006, reads in part. “However, the direct purpose of this offer to GLO is to assist in securing the land previously associated with the Black Gap Wildlife Management Area and place it back under their long-term management….Furthermore, TPWD has recently advised us that, consistent with the plan for a new long-term management agreement, TPWD would want to hold any conservation easement placed on the acquired property.”
The GLO has rejected the offer. Calls to CEMEX’s world headquarters in Monterrey and U.S headquarters in Houston were not returned by press time. CEMEX owns the nearby 514,000-acre El Carmen Wilderness Area in Mexico. Both CEMEX and company CEO Lorenzo H. Zambrano have won international acclaim and awards for their commitment to environmental protection.
The GLO is keen on acquiring the land from Parks and Wildlife in an unorthodox interpretation of HB 770, which was passed in 1997.
Under that bill the legislature allowed land to be transferred from the GLO to TPWD, not, as proposed, in the other direction. A memorandum of Understanding (MOU) signed by both Robert Cook, Executive Director, Texas Parks and Wildlife and General Land Office Commissioner Jerry Patterson in August, 2005, states “WHEREAS, in 1997, the Texas Legislature enacted House Bill 770 (HB 770) directing the SLB [School Land Board], the GLO, and TPWD to develop a plan to remove or convey, by sale, trade, or other transfers, the surface estate of PSF [Permanent School Fund] real property located within the boundaries of a state park, WMA [Wildlife Management Area] or scientific area but not including a coastal preserve.…Therefore the GLO and TPWD have agreed to exchange or sell the following properties ….”
However, the prior sentence of Section 5 of HB 770, as quoted in the MOU between TPWD and GLO, states, “On or before December 1, 1997, the General Land Office, the School Land Board, and the Parks and Wildlife Department shall develop a plan for the removal or conveyance to the Parks and Wildlife Department pursuant to one or more sales, exchanges, or other transfers of the surface estate in any real property dedicated to the permanent school fund that is located within the boundaries of any tract managed by the Parks and Wildlife Department, including a state park, wildlife management area or scientific area but not including a coastal preserve.” As such, the enabling legislation called for a “conveyance to the Parks and Wildlife Department,” and not a conveyance from it.
The GLO has informed The Gazette that it is withholding one document from release, citing Attorney-Client Privilege, and is awaiting a ruling from the Attorney General’s Office.
Further, as required by Section 5 of the law (HB 770), both the GLO and TPWD were required to develop a joint plan before any land was transferred and before December 1, 1997. In a letter dated May 18, 2004, to TPWD Executive Director Cook, Larry Laine, Chief Clerk/Senior Deputy at GLO wrote, “I am particularly interested in either selling or trading the 26,524.54 acres of PSF land located within the Black Gap Wildlife Management Area.” Noting the lack of compliance with the requirements of the law, Laine added, “HB 770 actually instructed our agencies to finalize a plan by December 1, 1997.
A Catch-22
The General Land Office is responsible for managing state lands in trust for the Permanent School Fund on behalf of the School Land Board. The GLO has a fiduciary responsibility to maximize the financial return on its lands. TPWD manages state parks and wildlife areas for the recreation and enjoyment of current and future Texans. Both are obligated to current and future generations.
In an email, Kathy Walt, Press Secretary to Governor Rick Perry, wrote, “This issue involved only the transfer, between two state agencies (TPWD and GLO), of land each agency owns. The purpose was to allow each agency to have contiguous parcels of land it did not involve the sale of land to private interests. within the park so each agency could more efficiently manage their lands.” Walt followed up with, “It is our understanding that while Cemex (sic) may have approached GLO, GLO was not interested in selling, and there currently are no on-going discussions with the company.”
Robert Cook, Executive Director of Texas Parks and Wildlife said in an interview, he was very pleased with the transaction, that the transaction enhanced management, straightened boundaries and TPWD received excellent desert big horn sheep habitat in the transaction. Cook said the transaction greatly enhanced management of Black Gap. Cook offered to work with local groups and governments on Black Gap, he offered to come out to Black Gap, and in particular, offered to work with those concerned with property near La Linda Bridge.
The Texas Bighorn Sheep Society (TBSS) provided funds to facilitate land transactions. An email dated January 3, 2005 from Kathy Boone, President of TBSS, to Jack Bauer of TPWD Boone states, “The Texas Bighorn Sheep Society will provide $200,000 in funding toward the purchase of GLO lands at Black Gap WMA.”
Joseph Fitzsimons, Chairman of the Texas Parks and Wildlife Commission echoed Cooks sentiment by stating, “What I remember from Black Gap; I was an intern there 30 years ago, is, it was a checkerboard pattern of land holdings with GLO and private landowners. It was a real managerial challenge. Managing land with numerous in holdings is a real challenge”
Local Response
State Representative Pete Gallego, D-Alpine, said he had been given briefings on the plan and that the intent as presented to him was only to square up and consolidate holdings between the GLO and TPWD. When informed of the possible sale of some 25,000 acres, Gallego said, “I would be distressed to find the state is seriously moving in an effort to divest some of the most beautiful land in the Trans-Pecos region. It should be kept for recreational uses. People in the Big Bend like parks and wildlife and the value ecotourism brings to the region. This as a tourism based economy. The sale of land like this is a loss to developing more tourism, and a lost opportunity to grow our own economy.”
A glimpse of the Black Gap Wildlife Management Area (James Evans)
Brewster County Judge Val Beard said, "My impression is an offer was made by CEMEX last November, and that no action has been taken. Commissioners Court [Brewster County] has directed me to contact the GLO; I did and have received a swift response. This is an issue of great interest to Brewster County and the Brewster County Tourism Council is very engaged.” In a letter to Judge Beard from Susan Biles, Policy and Government Relations at GLO, Biles writes, “Since completing the sale and Trade with the Texas Parks and Wildlife Department last year, the General Land Office (GLO) was approached by CEMEX, who expressed interest in purchasing the property as part of a conservation imitative. The GLO was not interested in selling them the property at that time and does not have any plans to sell the property. This does not mean the property will never be sold since the primary reason of the Permanent School Fund is to generate income for public education. We will consider any offers brought to us, however the GLO has no plans to sell the property at this time.”
Executive Director of the Brewster County Tourism Council Mike Davidson said in an email, “Brewster County Tourism Council views the Black Gap property in question as a significant tourism asset, and is strongly in favor of its long term preservation and protection. The purpose of the GLO is to generate revenues by the lease or sale of property, not protect large parcels of spectacular public land. As long as GLO owns it there is the constant risk that it will be sold or exploited. This is terrible public policy. We favor the land being returned to TPWD, which would then be encouraged to develop a cooperative management agreement with Rio Grande Wild and Scenic River [managed by Big Bend National Park], and adjacent landowners/managers.”
Reaction in Austin: The Antics of Semantics
In late July, the Texas Progress Council released a short documentary ("God's Country: For Sale") and held a news conference in Austin on the Black Gap land swap, eliciting strong reactions from both the GLO and in the media.
The GLO issued a press release blasting the film: “There is NO LAND TO BE RETURNED. The land exchanged with the General Land Office is PSF land and not within the management boundaries of the Black Gap Wildlife Management Area. The land is PSF land and not within the boundaries of the Black Gap WMA…. Again no portion of BGWMA is for sale there has been no offer for BGWM land and therefore no 'bidder' has been turned down.”
In the hundreds of pages of documents obtained by The Gazette there are hundreds of references to the Black Gap Wildlife Management area, Black Gap, and BGWMA. Though the GLO may be correct in asserting the land is currently not part of BGWMA, it was until very recently.
Despite GLO documents which reference the $3,461,658 CEMEX offer, the agency maintains that “no bidder" has been turned down. The March 2006 letter from CEMEX to GLO reads, in part, “The core partner group appreciated the opportunity to meet with you and your staff in Austin on February 16, 2006. In that meeting, we shared our collective views of the Conservation Big Picture behind the offer presented to GLO in October of last year.”
Shortly after the Texas Progress Council press conference, Governor Perry held his own press conference, in which he articulated his support for state parks and their funding.
Kathy Walt, press secretary to Governor Perry, issued a statement that read, “The governor more than five months ago asked Commissioner Fitzsimmons to appoint a bi-partisan committee to make recommendations on funding levels, sources and other parks issues. We expect to receive that committee's recommendations in the near future. The governor has been concerned for some time that state parks have not been adequately funded, and he believes the legislature must appropriately fund state parks in the upcoming session so that Texas has a world-class park system that serves generations of Texans to come. And the governor supports dedicated funds being used for their intended purpose.”
On Monday July 31, Senator Shapleigh will deliver his letter demanding the GLO cease Black Gap Land swaps. Texas Attorney General Gregg Abbott has 45 days to respond to the GLO’s request to withhold documents from The Gazette.
To watch the documentary produced by the Texas Progress Council, visit YouTube and search for "God's Country: For Sale."
Here we have reprinted the exact content of letter sent July 31, 2006 from Senator Elliott Shapleigh (D-El Paso) to Jerry Patterson, Commissioner of the Texas GLO:
July 31, 2006
Commissioner Jerry Patterson
Texas General Land Office
1700 N. Congress Avenue, Suite 935
Austin, Texas 78701-1495
VIA INTERAGENCY MAIL
Re: Proposed Sale of Black Gap Wildlife Area
Dear Commissioner Patterson:
I am alarmed and disappointed to learn that you are entertaining offers to sell part of a crown jewel of the Texas park system, the Black Gap Wildlife Area. I ask that you take whatever steps necessary to reverse this action and immediately cease all proposed sales or transfers of land in and around the Black Gap area.
I am even more disappointed to learn that you are basing this decision on a misinterpretation of a decade-old law that I passed and you voted for while serving in the Texas Senate.
In the 75th Regular Session, I sponsored H.B. 770, which passed both chambers of the Legislature without a single “no” vote. The intent of that legislation was to help Parks & Wildlife consolidate land under its management by transferring to it Permanent School Fund property that fell within park boundaries. The intent of the legislation was absolutely not to force Parks & Wildlife to turn over to the General Land Office for sale to developers valuable and pristine wilderness areas that are now enjoyed by the people of Texas.
A May 18, 2004 letter from Larry L. Laine, chief clerk and senior deputy of the General Land Office, to Robert Cook, executive director of Texas Parks & Wildlife, asserts the following: “It has been brought to my attention that the above referenced legislation, passed in 1997, instructs Texas Parks and Wildlife Department and General Land Office to develop and implement a plan to remove or convey by sale or trade all Permanent School Fund (PSF) property located within the boundaries of a state park of wildlife management area.” (See Attachment 1)
Rather, it was my intention, and the intention of the Legislature, to protect Texas parkland. Section 5 of H.B. 770 (75th R.S.) states: “On or before December 1, 1997, the General Land Office, the School Land Board, and the Parks and Wildlife Department shall develop a plan for the removal or conveyance TO the Parks and Wildlife Department pursuant to one or more sales, exchanges, or other transfers of the surface estate in any real property dedicated to the permanent school fund that is located within the boundaries of any tract managed by the Parks and Wildlife Department…” (See Attachment 2)
Please note the bill says convey to, not from, state parks and wildlife areas.
The letter from Mr. Laine of your office also makes it clear that your office initiated the land swap with Parks & Wildlife. On your letterhead, Mr. Laine wrote that he “is particularly interested in either selling or trading 26,524.54 acres of PSF land located within the Black Gap Management Area.”
That doesn’t square with statements from your office that no part of Black Gap is under consideration for sale, never was, and never will be sold.
I acknowledge that the law provides for the Permanent School Fund to be compensated for PSF land conveyed to Parks & Wildlife. But my bill was not to be taken as a license to strip from Texas Parks & Wildlife such property as the Rio Grande River front in Black Gap. It doesn’t matter how much land Texas Parks & Wildlife gets in return, as you can’t adequately replace that land along the river, Texas’ only federally designated Wild & Scenic River. Using a bill I sponsored to sell state parks or wildlife areas to private interests is an outrageous abuse of the authority of the Land Office.
Ever since Rick Perry has become Governor, our parks system has been woefully under-funded and neglected. In 2005, Governor Perry submitted a budget to the House and Senate that cut parks funding by some $77 million from the previous biennium. Texas currently ranks 49th among the 50 states in per capita spending on parks. This intentional neglect has resulted in a recommendation to close up to 18 state parks.
I believe it is terrible public policy to close, starve, or sell off Texas’ state parks. This land belongs to the people of Texas, not you or any other elected official. Selling any part of Black Gap is simply contrary to the best interest of Texas and is diametrically opposed to the legislation I sponsored, and you voted for, in 1997.
I look forward to discussing this important matter with you in the future.
Very truly yours,
Eliot Shapleigh
