Conservation Committee
Wednesday, 9:00 a.m., May 29, 2002
Commission Hearing Room4200 Smith School Road
Austin, TX 78744
| Item No. |
Subject | Public Hearing Agenda Item No. |
|---|---|---|
| Approval of the Committee Minutes from the previous meeting. | ||
| Summary of Minutes | ||
| 1. | Chairman's Charges (Oral Presentation) | Committee Only |
| 2. | Land and Water Conservation
Plan Update Staff: Bob Cook |
Committee Only |
| 3. | Streambed Task Force Update Staff: Larry McKinney |
Committee Only |
| 4. | Nomination for Oil and
Gas Lease – Jefferson
County Staff: Jack Bauer |
9 |
| 5. | Prairie Dog Conservation
Plan Staff: Paul Robertson |
Committee Only |
| 6. | Release of Land Use
Restrictions – Galveston
County Staff: Ronnie Ray |
10 |
| 7. | Land Acquisition – Cameron
County Staff: Jack Bauer |
11 |
| 8. | Land Acquisition – Nueces
County Staff: Jeff Francell |
12 |
| 9. | Land Acquisition – Harris
County Staff: Jack Bauer |
13 |
| 10. | Other Business |
Summary of Minutes
Texas Parks and Wildlife Commission
Conservation Committee
April 3, 2002
BE IT REMEMBERED that heretofore on the 3rd day of April 2002, there came to be heard matters under the regulatory authority of the Parks and Wildlife Commission of Texas, in the commission hearing room of the Parks and Wildlife Headquarters complex, Austin, Travis County, Texas, beginning at 2:50 p.m., to-wit:
I. COMMISSION ATTTENDANCE:
Katharine Armstrong Idsal,
Chairman
Ernest Angelo, Jr.
John Avila, Jr.
Joseph Fitzsimons
Philip Montgomery, III
Donato D. Ramos
Kelly W. Rising, M.D.
Mark E. Watson, Jr.
II. APPROVAL OF MINUTES:
The minutes of the last
committee meeting were approved.
III. THE FOLLOWING ITEMS WERE PRESENTED FOR COMMITTEE ACTION:
1. BRIEFING – CHAIRMAN’S CHARGES
Presenter: Robert L. Cook
Mr. Cook briefed the Committee
on three charges. First
he described the work
accomplished on the Land & Water
Resources Conservation
and Recreation Plan accomplished
by Jeff Francell, Emily
Armitano and Jack Bauer,
along with the ad hoc
committee appointed by
the Chairman. To date
the committee has met
three times, published
a draft outline and scheduled
two constituent meetings,
with a draft report expected
by May 1, 2002. Second,
he discussed participation
in the Texas Water Advisory
Council as directed by
S.B. 2. He stated Chairman
Idsal has appointed Commissioner
Fitzsimons as the TPW
council member. The initial
meeting was held on January
23, 2002, with the second
meeting tentatively scheduled
in May. The duties of
the council are to provide
a forum on significant
water policy issues and,
in an advisory role, strive
to provide focus and recommendations
on state water policy
initiatives. The council
will also review river
authorities’ performance
according to standards
established by the Legislature
and report to state leadership
by December 2002.
The third charge Mr. Cook discussed was to negotiate with the Texas Department of Transportation for the use of obsolete bridges, tunnels and causeways for the artificial reef program. A meeting with TxDOT was held in February, during which TxDOT provided staff with a partial list of bridges and overpasses scheduled for demolition. Also discussed were issues regarding the stability of materials for artificial reefs that were contaminated with oil; availability of funds to transport materials offshore and costs associated with the transport of these materials; and what it would take to reef the existing Galveston causeway. Personnel from both agencies are working together to find a way to enhance the artificial reefs off the Texas coast.
2. NOMINATION FOR OIL AND GAS – TYLER STATE PARK
Presenter: Ronnie Ray
Mr. Ray presented the nomination
for oil and gas lease
for 51 mineral acres at
Tyler State Park. He stated
there is a restriction
against entry on TPW lands.
The terms are standard
with a minimum bonus bid
of $150 per acre, 25 percent
royalty and $10 per acre-delayed
rental. Commissioner Ramos
asked questions relative
to the number of acres
contained in the pool
and the minimum royalty.
There was discussion about
the lease form furnished
by the General Land Office.
Jack Bauer, Director of
the Land Conservation
Program, explained that
lease arrangements are
done through the Board
for Lease for Parks and
Wildlife Lands at the
General Land Office, and
they honor the Commission’s
recommendations for the
terms. Commissioner Fitzsimons
recommended that a small
ad hoc unofficial committee
of the two oil and gas
lawyers be formed to look
at riders involving TPW
surface-use provisions,
as well as the GLO lease
form. It was decided that
Commissioners Ramos and
Fitzsimons would meet
with Jack Bauer and Ronnie
Ray to accomplish that.
The item was placed on
the Thursday Commission
agenda for public comment
and action.
3. PETROLEUM PIPELINE EASEMENT – CAMERON COUNTY
Presenter: Dennis Gissell
Mr. Gissell described how
in 1999 two petroleum
pipelines were installed
by a contractor of Penn
Octane Corporation on
Resaca de la Palma State
Park (part of the World
Birding Center) under
presidential permit without
Parks and Wildlife permission,
in order to provide liquid
petroleum gas, gasoline
and diesel to Mexico.
The pipelines are located
just inside the boundary
of the park on the southeast
corner, along a power
line easement, approximately
1,493 feet long. The easement
requested would be 30
feet wide; therefore,
this encompasses just
over one acre of land.
Once the pipelines were
discovered staff negotiated
with Penn Octane to survey
a boundary of the property,
as well as the pipeline
locations, to do an archaeological
survey, and to assess damage
fees and easement fees.
One pipeline is currently
transporting liquid petroleum
gas; the other one is currently
idle but could be used for
either gasoline or diesel
in the near future. Applicant
and staff are requesting
permission to proceed with
a ten-year easement to the
Board for Lease for a total
of $118,096 in damages and
fees ($100,000 in damages
and $18,096 in easement
fees.
During discussion Mr. Gissell stated that the easement fee is a one-time ten-year easement fee restricted to those two pipelines and the General Land Office furnishes the lease form. The item was placed on the Commission’s Public Meeting agenda for public comment and action.
4. EASEMENT ASSIGNMENTS – TRAVIS COUNTY
Presenter: Jack Bauer
Mr. Bauer explained that
this item is to convert
construction permits for
fiber optics on Smith
School Road into easements.
Beginning in 1999, there
were several urgent requests
to lay conduit for fiber
optics along Smith School
Road. Several providers
wanted to hook up to the
infrastructure circuit
at Level 3 Communications,
located in a building
at the end of Smith School
Road. Texas Parks and
Wildlife owns Smith School
Road; therefore, after
due diligence for archaeology
and finding no significant
impacts from an operational
standpoint of running
TPW headquarters, Level
3 was granted ME #20000012
(miscellaneous easement)
along the east side of
Smith School Road, with
their payment of $25,000.
In January 2001 an agreement
to install fiber optic
conduit was granted to
MCI WorldCom Network Services,
Inc. (as an assignment
of the Level 3 easement)
and XO Texas, Inc., along
opposite sides of the
same Smith School Road
route. Staff and applicants
are requesting permission
to convert these permits
to permanent right-of-way
easements.
The first request is that MCI WorldCom’s permit (consideration of $25,000 was paid for a ten year period) be assigned the existing miscellaneous easement from the Board for Lease granted to Level 3 Communications, with the same terms and conditions. The second request is that the XO Texas permit (consideration of $75,000 was paid for a ten year period) would be converted to an easement with the same terms and conditions contained in the permit.
During discussion Mr. Bauer explained that Level 3 paid $25,000 for their easement and MCI WorldCom paid another $25,000 for a permit to construct in that same easement. The permit to XO Texas cost $75,000 due to the fact they were actually providing capacity for three other customers. The construction permit is for laying conduit, with the understanding it will be filled to capacity with fiber optic cable. MCI WorldCom’s conduit is in Level 3’s easement; however, it is a foot or two higher. Also, it was decided that the price standards for this type of easement no longer apply.
The item was placed on the Commission’s Public Meeting agenda for public comment and action.
IV. ADJOURNMENT: The meeting adjourned at 3:15 p.m.
Committee Agenda Item No. 1
Conservation COMMITTEE
Chairman's Charges
May 2002
(This item will be an oral presentation.)
Committee
Agenda Item No. 2
Presenter: Bob Cook
Conservation
Committee
Land and Water Conservation
Plan Update
May 2002
I. Discussion: This item will brief the Commission on the Land Water Resources Conservation and Recreation Plan Draft. The process will include: public comment meetings, advisory committee input, stakeholder input, and adoption at the August meeting.
Committee
Agenda Item No. 3
Presenter: Larry McKinney
Conservation
Committee
Streambed Task Force Update
May 2002
I. Discussion: Staff will present to the Commission its report summarizing the work of the “Motorized Vehicles in Navigable Streambeds” Task Force. In November 2001, the Commission directed staff to convene this task force to provide a broad spectrum of views and information on this issue. Concurrently, two interim legislative committees have been holding hearings and collecting information on this topic.
Staff has determined that while consensus exists on some aspects of this issue, overall there are widely divergent views about use of motor vehicles in streambeds. Landowners and environmental groups believe that current levels of motor vehicle use in rivers damage public resources and are inappropriate in riparian areas. Motor vehicle enthusiasts do not believe they damage resources and point out the scarcity of public areas for motor vehicle recreation other than riverbeds.
In addition to presenting the report, staff will request guidance from the Commission regarding future efforts on this issue. This is a briefing item only and no action is required.
Committee
Agenda Item No. 4
Presenter: Jack Bauer
Conservation Committee
Nomination for Oil and Gas
Lease – Jefferson County
May 2002
(This is Public Hearing Agenda Item No. 9.)
Committee
Agenda Item No. 5
Presenter: Paul Robertson
Conservation
Committee
Black-tailed Prairie Dog
Conservation and Management
Plan in Texas
May 2002
I. Discussion: Staff will brief the Commission on the status of black-tailed prairie dogs in Texas and the status of the management plan being prepared by citizens and conservation groups in cooperation with TPW.
In response to a petition and threatened legal action, in March 1999 the USFWS placed the black-tailed prairie dog on the threatened-species candidate list due to declines of the species throughout its range, which once included approximately 80 Texas counties. Unless states can show that they have plans that will secure the species in its remaining range, the black-tailed prairie dog could be listed as a federally threatened species in the near future. The species has declined by over 95% in Texas due to land conversion, public and private poisoning campaigns, and bubonic plague.
In response to the proposed federal listing, an interstate committee was formed and supported by nine of the 11 states within the U.S. portion of the species’ range. This action led to the formation of stakeholder working groups in all 11 states.
The Texas working group, which is comprised of representatives from ranching, farming, state and federal agency, private landowner, and conservation groups, has met 11 times since its formation in 1999. TPW personnel have served as members of the working group, acted as group coordinators, served as representatives on the interstate working group and acted as liaison with the USFWS. In addition, TPW initiated a statewide inventory which will be completed this year. Accurate population numbers and distribution data are critical to determining the future actions of the USFWS and to developing a credible conservation and management plan.
A statewide conservation and management plan has been drafted and is ready for public release and comment. The Texas working group developed this plan based on the following mission statement: “Develop and initiate a statewide plan that will conserve the black-tailed prairie dog, while simultaneously protecting personal and private property rights.” The good news is that the prairie dog is more abundant in Texas than was thought; it should not take much additional effort to conserve the species. As a result, the plans’ emphasis is on voluntary actions and landowners will still have flexibility and freedom in their need to manage prairie dogs when problems arise.
TPW has obtained a Section 6 grant to complete the statewide inventory and to hire a coordinator for three years to begin implementing the plan in FY2002.
Committee
Agenda Item No. 6
Presenter: Ronnie Ray
Conservation Committee
Release of Land Use Restrictions
– Galveston Island
May 2002
(This is Public Hearing Agenda Item No. 10.)
Committee
Agenda Item No. 7
Presenter: Jack Bauer
Conservation
Committee
Land Acquisition – Cameron
County
May 2002
(This is Public Hearing Agenda Item No. 11.)
Committee
Agenda Item No. 8
Presenter: Jeff Francell
Conservation
Committee
Land Acquisition – Nueces
County
May 2002
(This is Public Hearing Agenda Item No. 12.)
Committee
Agenda Item No. 9
Presenter: Jack Bauer
Conservation
Committee
Land Acquisition – Harris
County
May 2002
(This is Public Hearing Agenda Item No. 13.)
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