Texas Land Commissioner Dawn Buckingham sent a cease and desist letter to U.S. Customs and Border Protection and contractor Barnard Construction after finding that a federal contractor illegally cleared more than a mile of state land, the Texas General Land Office said in a July 31 news release.
The action puts federal partners on notice that border construction on state property must follow established agreements. GLO leases do not allow any land modifications, excavations, or construction without the agency’s written consent, according to the release.
“Texas sovereignty will not be infringed upon by failure to follow established protocol,” Buckingham said in the release. “My office has a proven track record of strong border enforcement, and I applaud efforts to protect our border. I am committed to maintaining a positive relationship with CBP, but we will not allow rogue actors who breached our agreement to undermine the incredible work we do for Texas.”
The agency said significant grazing acreage was disrupted by the unauthorized activity, which Buckingham said devalued the lease and diminished the state’s ability to generate future revenue for Texas schoolchildren. The property’s lessee, Trans Pecos Ice LLC, has been notified it is in breach of its lease agreement for allowing unauthorized access and has been instructed to take immediate steps to prevent further disturbance, the release stated.
The GLO is demanding that all damaged state land be remediated and returned to its original condition, and Barnard Construction has been asked to work with CBP and the lessee on a proposed reclamation plan for the agency’s approval, according to the release.
“The people of Texas entrusted the General Land Office with more than 13 million acres of state land, and we take that responsibility seriously,” Buckingham said in the release. “We will work with our federal partners to keep the southern border secured, but we will not compromise the integrity of Texas state property to do it.”
The agency said it will continue investigating the circumstances of the clearing, including communications between Barnard and the lessee, and has reserved all available legal remedies to address unauthorized use or damage to state land.