by Tom Alex
Recently, considerable Texas media coverage has focused on the attempt by the Texas General Land Office (GLO) to sell the 9,269-acre Christmas Mountains Preserve in West Texas. The factual content of these pieces has been diverse and some have been quite colorfully delivered. This is an attempt to provide a view of these issues from the Christmas Mountains perspective and to clear some of the smoke floating across the pages of our state’s illustrious periodicals. Some of what follows appeared in the October 2007 issue of the Big Bend Gazette, a locally produced paper that presents excellent coverage of current affairs in the Big Bend region of West Texas. We extend this now to our friends and neighbors across the state.
It is first appropriate to provide clarification on just what is allowable under the Conservation Easement that governs the use of what we shall refer to as the Christmas Mountains Protected Property. A Conservation Easement in the Gift Deed contains seventeen stipulations that limit how the land can be used and preserved. The intent of these restrictions is to ensure conservation and protection of the property for enjoyment by future generations. Basically, there shall be no development, alteration of natural conditions, introduction of non-native plants or animal species, construction of utilities or telecommunications systems, and no farming or livestock grazing. Motorcycles and all-terrain vehicles may only be used to manage the property and may be used only upon existing roads. Maintenance of existing roads may be done only for correcting or preventing erosion. Maintenance may be done on the existing windmills, water systems, and on Lake Ament Dam. Hunting is allowed for the purpose of maintaining a sustainable population of native species, including predators. The property may be transferred to National Park Service or Texas Parks & Wildlife Department for use as and inclusion in a nature park, wildlife refuge, recreational area or similarly designated use area. Transfer of the property to any party other than TPWD or the NPS must be with prior written consent of the Conservation Fund. And finally, the owner may submit management and use plans addressing minerals management, low-impact recreational use, maintenance of trails and roads, and scientific and educational use.
The Christmas Mountains Association (TCMA) is a non-profit, 501(c)(3) organization that currently holds a surface lease on the property. TCMA was created specifically to help preserve and protect the Christmas Mountains. The Association is a small group of individuals who own land adjacent to or near the Christmas Mountains protected property. The Association’s goals are to oversee the property, encourage research into its natural resources and cultural history, and administer, at the local level, the stipulations of the Conservation Easement.
Activities undertaken by the Association with full concurrence from Conservation Fund (CF) include locating property boundary markers and survey monuments, installing appropriate signage at each road entering the property, installing and maintaining chains across several access roads, and monitoring the area during hunting season, the two annual chili cookoffs, and other events when trespass typically occurs. Association members conduct patrols onto the property to monitor conditions, conduct our own non-collecting, non-invasive research, conduct exotic vegetation removal, and monitor human activities such as trespass, poaching, etc.
The Association cooperates with local emergency services providers who use a radio repeater system on a high peak of the mountain range. The EMS provider maintains access to the repeater and recently cleaned up extraneous radio system parts and gear that had accumulated at the site.
The Christmas Mountains Association requested permission from Conservation Fund and was given permission to use an herbicide to control exotic salt cedar at Lake Ament. There is growing concern about an increase in exotic aoudad sheep populations throughout the Big Bend. We will be seeking permission from Conservation Fund to remove these animals when they are encountered on the property because they compete vigorously with native species for available habitat.
TCMA would ultimately like to assist in developing a plan that defines the management of natural flora and fauna and promotes ecologically sound habitat. Several Association members are well qualified to undertake this task.
Is the land overrun by poachers, being overtaken by invasive plant species, and unable to sustain wildlife without improvement of water resources, as some have suggested? The question indicates an ignorance of the actual range conditions in the Christmas Mountains. The land is currently undergoing a natural succession of recovery from decades of livestock grazing. Native grass species are flourishing and the available browse for herbivores is improving through natural processes. The idea of brush control to improve grassland for deer populations is counter to a recently published (Big Bend Gazette, October 2007) statement by biologist David Riskind that the property has some of the best grassland in the area. Since deer browse on shrubs rather than graze on grasses, the balance between grasses and shrubs constitutes better habitat for deer as well as other wildlife. In recent years of increased rainfall and vigorous vegetation growth, we have seen increased numbers of mule deer and abundance of scaled quail.
The Christmas Mountains property is not overrun by poachers and illegal hunters. Under a Hunt Park Agreement with the Terlingua Ranch property owners, the Christmas Mountains was used as a hunt park until the expiration of that agreement in 1994. Some illegal bird hunting occurred in previous years, but no such activity has been observed recently. Terlingua Ranch and local land owners work closely with TPWD game wardens by reporting illegal activity and inviting wardens to patrol the property. Land owners surrounding the Christmas Mountains have valid concern about hunters firing weapons from the heights of the mountains and stray bullets landing on the surrounding home sites.
Off-road vehicles and trespass vehicles have occasionally been observed and, when deemed safe and appropriate, the offending parties have been contacted and informed of the protected status of the property. These contacts have been generally positive or at least neutral, and such incidents are few and far between. Maintaining no trespassing signs is crucial to this public education and appears to have deterred most incursions.
The TCMA has worked closely with the Conservation Fund and the GLO office in Alpine for the appropriate management and oversight of the Christmas Mountains Protected Property. In 2006, when the GLO offered to sell the property, representatives from the Association assisted the GLO and CF with an orientation tour of the property by prospective bidders. Our local GLO contacts are closer to and have a better understanding of the actual problems of land management in arid west Texas.
In recent days, comments have been made by news media, the Texas School Land Board, and others that are misleading and need clarification. For example: “the Christmas Mountains tract was never meant to and never will be a public park.” However, Article 16 of the Gift Deed, on file in Brewster County, states that the Texas Parks and Wildlife Department or the National Park Service (NPS) are to be given first consideration to manage the property. Another example: “the Conservation Fund never intended the mountains to be a park.” Again, Article 16 clearly states that the Conservation Fund and State of Texas acknowledge and agree that the first consideration is “…for use as and inclusion in a nature park, wildlife refuge, recreational area or similarly designated use area.”
Some say that transferring the property into private hands will best ensure the conservation of this land for future generations. But the National Park Service is currently revisiting the idea of obtaining the Christmas Mountains property and the Association gladly supports the idea of this agency’s sound ecological management of the land. National Park Service manages similar roadless, undeveloped landscapes throughout the nation as wilderness areas that are open to the public. The NPS is perfectly suited to manage the land under its mission to conserve for the enjoyment of future generations and ultimately, the Association desires to see the property maintained in a natural state with minimal human manipulation, as stated in the Gift Deed.
We hope that this local perspective spreads some of our clear west Texas air over the discussion of the status of the Christmas Mountains.
Tom Alex is Chairman of the Board of Directors, The Christmas Mountains Association.
