TWPD READIES TO GIVE BOCA CHICA STATE PARK TO SPACEX

By Juan Montoya

In seven days, the Texas Parks and Wildlife Department is set to turn over approximately 47 acres of Boca Chica State Park to Elon Musk's SpaceX in exchange for 477 acres near the Laguna Atascosa National Wildlife Refuge (NWR) – Bahia Grande Unit, and so far no one locally has disclosed the proposed exchange which will be decided in Austin January 25.

Also, the questions arise: Why weren't local people informed except for a notice in a newspaper nobody reads and why is the hearing not being held here, where the proposed execution of the exchange will most affect the residents? And where is State Senator Morgan LaMantia and State Rep. Erin Gamez?

The TPWD staff has already signaled their approval to turn over the state park to SpaceX and have drafted a resolution which would grant the space company control over not only access to the beach, but will give it ownership of the park land that extends all the way to the waterline on the beach.

This is happening as an appeal by environmental and indigenous groups in South Texas to the  ruling by 445th State Judge Gloria Rincones is pending from the 13th Court of Appeals when she dismissed their lawsuit against Cameron County and the state over closing Boca Chica Beach to allow SpaceX to test its Starship rocket program. The groups argued that Rincones misinterpreted the law last year when she dismissed their lawsuit against Cameron County and the state.

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(The notice states that the public will have an opportunity to comment on the proposed transaction before the Commission takes action. Those interested in providing comment must reach out to project manager Trey Vick at trey.vick@tpwd.texas.gov prior to the meeting.)

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Save RGV, a nonprofit conservation group in the Rio Grande Valley, again teamed with cultural heritage organization Carrizo Comecrudo National of Texas Inc. and the California-based Sierra Club to appeal Rincones's ruling in favor of Cameron County, the Texas General Land Office and the state attorney general.

The groups argued that the state legislature passed the Texas Open Beaches Act to grant the public a right to free and unrestricted access to state-owned beaches along the Gulf Coast and to allow the General Land Office to have the county attorney, district attorney or the attorney general enforce the act if it's violated, according to court filings. Then, in 2009, state voters elevated the law when they adopted an amendment to the Texas Constitution, according to court filings.

Ironically, in an executive summer related to the proposed exchange, the TPWD asserts that the acquisition would create opportunities to expand public access and recreation in the region and allow it to protect and manage the property’s diverse habitats, which include lomas, coastal grasslands, and wetlands.

TPWD acquired Boca Chica State Park in 1994 and until recently, leased it to the United States Fish and Wildlife Service (USFWS), which managed it as a unit of the Lower Rio Grande Valley NWR.

"Space Exploration Technologies Corp. (SpaceX) desires to expand its operational footprint around its launch facilities at Boca Chica and has requested the transfer of 43 acres from Boca Chica State Park in exchange for 477 acres near the Laguna Atascosa NWR to TPWD," the summary states.

"This acquisition will provide increased public recreational opportunities including hiking, camping, water recreation, and wildlife viewing, and allow for greater conservation of sensitive habitats for wintering and migratory birds."

The state recommendation is that TWPD adopt the  motion and adopt the following resolution on January 25.

A Resolution by the Texas Parks and Wildlife Commission

Regarding the Acquisition of Approximately 477 Acres in Cameron County in Exchange for 

Approximately 43 Acres at Boca Chica State Park

Resolution

Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates Boca Chica State Park (SP) for a variety of recreation and conservation values, including the protection of coastal habitat; and,

Whereas, Space Exploration Technologies Corp. (SpaceX) desires to expand its operational footprint around its launch facilities at Boca Chica; and,

Whereas, SpaceX has requested the transfer of 43 acres from Boca Chica SP (the Exchange Tract) in exchange for 477 acres near the Laguna Atascosa National Wildlife Refuge (NWR) to TPWD; and,

Whereas, Laguna Atascosa NWR was established in 1946 to protect habitat for wintering waterfowl and other migratory birds, with an emphasis on endangered species management; and,

Whereas, Boca Chica SP was acquired in 1994 and until recently, was leased to the United States Fish and Wildlife Service (USFWS) and managed as a unit of the Lower Rio Grande Valley NWR; and,

Whereas, this exchange will provide increased public recreational opportunities including hiking, camping, water recreation, and wildlife viewing, and allow for greater conservation of sensitive habitats for wintering and migratory birds; and,

Whereas, the Texas Parks and Wildlife Commission (Commission) finds that as required by Texas Parks and Wildlife Code, Chapter 26, notices of today’s hearing of this matter were published at least once a week for three consecutive weeks in newspapers of general circulation that are published at least six days a week in the communities nearest to the state park in which such newspapers are published (the Brownsville Herald in Cameron County), with the last day of publication being not less than one week or more than two weeks before the date of today’s hearing; and,

Whereas, the Commission finds, in accordance with Parks and Wildlife Code, Chapter 26, that (1) there is no feasible and prudent alternative to the use or taking of the Exchange Tract, which will be exchanged for a greater area of land of greater conservation and recreation value; and (2) the program or project that requires the use or taking of land includes all reasonable planning to minimize harm to TPWD property; and,

Whereas, the Commission finds, in accordance with Section 13.009 of the Texas Parks and Wildlife Code that the proposed exchange of the tracts is in the best interest of TPWD; and,

Now, therefore, the Texas Parks and Wildlife Commission authorizes the Executive Director to take all necessary steps to exchange the subject tracts for the purposes and subject to the conditions described herein and in the motion approving this Resolution.

Adopted and approved this 25th day of January, 2024.