Commission Agenda Item No. 13
Presenter: Greg Creacy

Action
Bastrop Fires – Request Approval of Funding Strategy
August 27, 2020

I.      Executive Summary: The Texas Parks and Wildlife Department (TPWD) staff is seeking approval of the Texas Parks and Wildlife Commission to use funds received in settlement of litigation in Texas Parks and Wildlife Department v. Asplundh Tree Expert Company for restoration of Bastrop State Park (SP), including its natural and cultural resources, and other elements of the visitor experience affected by the 2011 Bastrop County Complex Fire (BCCF).

II.     Discussion: On September 4, 2011, downed powerlines ignited the BCCF, which ultimately burned 97 percent of the total acreage of Bastrop SP.  The BCCF eliminated most of Bastrop SP’s forested habitats, including 93 percent of its high-quality habitat for the critically endangered Houston toad, and it damaged or destroyed buildings, utilities, vehicles, equipment, fencing, bridges, and campsites.  The wildfire also caused extensive soil erosion and hydrologic changes, which resulted in the loss of roads, trails, and lake/pond dams.

In 2018, the Office of the Attorney General of Texas (OAG) filed a petition on behalf of TPWD in Texas Parks and Wildlife Department v. Asplundh Tree Expert Company for causing the BCCF and the resulting damages to Bastrop SP, natural and cultural resources, and park visitation. TPWD settled its claims for damages and receives $18 million under the terms of the settlement agreement and TPWD’s representation agreement with OAG.

Progress to restore Bastrop SP’s natural, cultural, and recreational resources since the BCCF continues, but many unfunded needs remain.  Litigation settlement funding provides a unique opportunity to continue restoration efforts and mitigate ongoing negative impacts related to the BCCF.  The planned budget for these funds has been allocated across 10 years (Fiscal Year 2021 – Fiscal Year 2030) and is subject to change as staff adaptively manages and evaluates the restoration needs of Bastrop SP and the resources available to these efforts over time:

• Ecosystem Restoration ($3.9M)

Plan and implement prescribed fire; purchase and apply mechanical and chemical vegetation treatments; harvest and plant seeds; manage exotic species; and perform activities supporting reintroduction of the Houston toad.

• Land Acquisition ($6.6M)

Purchase high-priority properties adjacent to Bastrop SP to promote long-term conservation of natural resources.

• Infrastructure Repairs ($4.0M)                                                                                             

Repair roads, trails, and bridges; implement erosion mitigation strategies; and develop public interpretation projects.

• Staff and Equipment ($2.2M)

Hire personnel and purchase equipment required to accomplish activities such as project management and forest restoration.

• Research and Monitoring ($1.3M)

Monitor natural and cultural resources to make adaptive restoration-management decisions for both forest and Houston toad restoration.

III.   Recommendation: The staff recommends that the Texas Parks and Wildlife Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts the Resolution attached as Exhibit A.”

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Commission Agenda Item No. 13
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Use of Litigation Settlement Funds for Restoration of Bastrop State Park

Resolution

Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates Bastrop State Park (SP) in Bastrop County for a variety of conservation and recreation values, including camping, picnicking, swimming, hiking, biking, and fishing; and

Whereas, the Bastrop SP contains a portion of the westernmost loblolly pine forest in the United States known as the “Lost Pines,” which developed unique genetic characteristics to adapt to the local climate and conditions of Central Texas after a glacier separated them from the Pineywoods of East Texas millennia ago; and

Whereas, flora and fauna flourished in the habitat provided by the pine and oak forest, including a large portion of the remaining population of the endangered Houston toad, which is reflected by Bastrop SP’s designation as critical habitat under federal law; and

Whereas, the Bastrop SP is designated a National Historic Landmark, containing significant cultural resources including cabins, dams, culverts, overlooks, and other buildings constructed in the 1930s by the Civilian Conservation Corps and a portion of the historic road El Camino Real used by Spanish colonies; and

Whereas, on September 4, 2011, three wildfires known collectively as the “Bastrop County Complex Fire” (BCCF) burned 97 percent of the total acreage of Bastrop SP, killing most of the pine and oak trees in the forest and destroying a regional storage warehouse, vehicles, generators, equipment, boundary fencing, foot bridges, running trails, campsites, and access roads; and

Whereas, while Bastrop SP, its natural and cultural resources, and Bastrop SP visitation have partially recovered from the BCCF, additional funds for restoration will be needed over the long term to fully restore Bastrop SP, natural and cultural resources, and visitor experience; and

Whereas, on January 19, 2018, the Office of the Attorney General of Texas (OAG) filed a petition on behalf of TPWD in Texas Parks and Wildlife Department v. Asplundh Tree Expert Company, Master Case File No. 2012-MCF-01, Individual Cause No. 423-5475, in the District Court of Bastrop County, Texas, 21st Judicial District, against Asplundh for causing the BCCF and damages to Bastrop SP, natural and cultural resources, and Bastrop SP visitation; and

Whereas, TPWD settled its claims for damages and receives $18 million under the terms of the settlement agreement and TPWD’s representation agreement with OAG; and

Whereas, Texas Government Code section 404.097(c) credits damages recovered in settlement of the litigation to TPWD, and the 2019 General Appropriations Act appropriates payments in settlement of a claim for damages to TPWD for use during the 2020-21 fiscal biennium; and

Whereas, the settlement funds provide a rare opportunity to restore Bastrop SP, natural and cultural resources, and the visitor experience damaged by the BCCF; and

Whereas, TPWD staff finds management and operation of Bastrop SP will benefit from use of the funds for restoration; and

Whereas, TPWD staff plans to coordinate with oversight agencies, state leadership, and the Texas Legislature to direct the settlement funds to long-term restoration of Bastrop SP, natural and cultural resources, and visitor experience affected by the BCCF; and

Now, therefore, the Texas Parks and Wildlife Commission authorizes the Executive Director to take all necessary steps to use the funds received in settlement of litigation in Texas Parks and Wildlife Department v. Asplundh Tree Expert Company for restoration of Bastrop SP, natural and cultural resources, and the visitor experience affected by the 2011 Bastrop County Complex Fire, for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

 

Adopted and approved this 27^th day of August, 2020.