Preserving Texas In the News

AUSTIN, September 17 - On Tuesday, the School Land Board in the Texas General Land Office will hold a public meeting in Austin on the proposed sale of nearly 9,270 acres of land that includes the Christmas Mountains in West Texas.

The Christmas Mountain Ranch, in Brewster County, lies immediately adjacent to the Big Bend National Park, on the northwest side. The land was gifted to the state by the Richard King Mellon Foundation through a conservation fund around Christmastime in 1991.

There has been significant public outcry against the proposed sale of the land since it was recently reported that the Mellon Foundation was opposed to the sale and that the state should not look to the Foundation for any future help.

According to the gift deed, the state needs written consent of the Mellon Foundation’s conservation fund prior to the transfer of the land to a private party. The state does not have that written consent.

Luke Metzger, who represents Environment Texas, fears other conservation groups will follow suit and overlook Texas in conservation efforts. “It sets a bad precedent. It's a slap in the face to those who gave us that land,” Metzger said.

Environment Texas has launched a public campaign against the sale. Metzger reported that at least 2,000 e-mails have been sent to Land Commissioner Jerry Patterson in opposition to the sale. Jim Suydam, a spokesman for the Land Office, said the e-mails don't weigh heavily, as they believe that people just read two paragraphs and click to send a letter.

Suydam said that the objective of the sale is to preserve the land, no matter which name is on the deed. “The sale would accomplish the intent of the gift deed, which is to conserve, preserve and allow for public access,” he said. Patterson believes that private stewardship of the Christmas Mountains will result in both better protection for the land and allow unprecedented public access.

Suydam said Patterson is concerned only with the best interest of the property. “It's not money that's driving this deal, it's invasive species like salt cedar,” he said.

Suydam said Patterson is also concerned with lack of management on the property. Poaching, for example, is occurring on the land, which has a variety of game population, including mule deer and black bear, Suydam said.

Metzger said his group had serious concerns about any sale to a private bidder. “It's unclear who will monitor and enforce the development restrictions and there are no guarantees of future public access, particularly if the property is flipped down the road,” Metzger said.

Patterson has weighed in on the issue in print. “Over the years poachers, trespassers, and invasive plant species have infiltrated the Christmas Mountains, and that for the past 16 years, the goal to protect the land and ensure public access have not been met,” Patterson wrote.

“In the case of the Christmas Mountains, government management is not necessarily the best solution. Transferring the Christmas Mountains to private interests could not only better achieve the conservation goals set forth by the Conservation Fund, but generate revenue for the benefit of Texas school children.”

The money from the proposed sale would benefit the Permanent School Fund, which is funded by the GLO, mostly through oil and gas leases.

Bill Addington, of the El Paso Sierra Club, disputes Patterson’s argument. “This is being done in the name of school children, I bet the school children wouldn't approve,” Addington said.

The El Paso Sierra Club, which boasts 700 members, makes frequent visits to Christmas Mountains to take in its scenic beauty and recreational facilities. “We take inner city school kids to the Christmas Mountains and to Big Bend National Park on over-night field trips to experience the wilderness,” Addington said. He agreed that salt cedar has been invading hundreds of miles along the Rio Grande but said that was not a problem exclusive to the Christmas Mountain area.

Other reasons for the public outcry against the proposed sale is the lack of public input on the sealed bid process and because many Texans are opposed to public lands being transferred to the private sector. According to a study by Texas Tech University, only about five percent of Texas land is publicly owned.

U.S. Rep. Ciro Rodriguez, D-San Antonio, represents the district where the Christmas Mountains lie. When he heard from constituents angry about the proposed land sale he wrote a letter to Patterson. Rodriguez strongly urged Patterson to delay action on sale and to afford concerned Texans a comment period before proceeding.

“The Big Bend area is known for its beautiful landscape and the public's appreciation for it is this region's economic livelihood,” Rodriguez said. He said that the proposed action by the GLO sets a poor precedent that potentially jeopardizes the conservation and economic well-being of the area in his district.

Angela Barranco, a spokeswoman for Rodriguez, said the congressman wanted to slow down the process to make sure the community has a voice. “We just want to make sure,” Barranco said. She defined the area as “nice, beautiful, and pristine.”
Barranco said Patterson could be right to turn to a conservation-minded private party to protect the land. Rodriguez is not in disagreement with Patterson, she said, “but there is no harm in taking time to make the right decision.”

Environment Texas has also asked the GLO to postpone the controversial decision for public input. The group is working to get more funding to the state park system.

The Texas Parks and Wildlife Department (TPWD), as well as the National Park Service have both turned down a proposal by Patterson to acquire the land several times for lack of funds.

Addington proposed that the Land Office just donate Christmas Mountains to the state park system for protection.

Several environmentalists have pointed out that one of the reasons for the public outcry is that the proposed sale of the Christmas Mountains is part of a pattern.

“This is not an isolated incident of the state selling public land to private interests,” Metzger said.

In 2005, TPWD proposed selling 46,000 acres of Big Bend Ranch State Park to a Houston developer. In 2006, the agency proposed selling the Eagle Mountain Lake State Park in Fort Worth to developers. Both proposals were shot down after a public outcry.

“The GLO is also pursuing an irresponsible investment strategy by buying up ecologically important open spaces and selling them to developers,” Metzger added. He cited the Fort Worth prairie and Hays County land on the Blanco River. He also said that the GLO may be considering selling property on North Padre Island, which was purchased with federal money to be protected. He added that the protections have expired after ten years and the property is now hot.

The School Land Board's members comprise Patterson, Todd Barth, and David Herrmann.

Tuesday's meeting is scheduled for 10 a.m. in Room 170 of the Stephen F. Austin Building at 1700 North Congress Avenue in Austin. Executive Secretary to the Board Stephanie Crenshaw can be reached at (512) 936-1927. Board meetings are Web cast live, as well as archived for future viewing.

The Richard King Mellon Foundation and its conservation fund had not responded at press time.