Texas Land Commissioner Dawn Buckingham has issued a cease-and-desist letter to U.S. Customs and Border Protection and its contractor, Barnard Construction, after determining that more than a mile of state land was cleared without authorization.
The Texas General Land Office announced the action July 31, alleging that the federal contractor conducted work on state property in Presidio County, along the Southwest Texas border with Mexico, in violation of established protocol.
According to the GLO, its leases prohibit land modifications, excavations, or construction without the agency’s written consent. The office said the unauthorized activity disrupted grazing acreage and reduced the value of the lease.
“Texas sovereignty will not be infringed upon by failure to follow established protocol,” Buckingham said. “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.”
Buckingham said the disruption has diminished the state’s ability to generate future revenue tied to the property, which the GLO manages in part to fund public education.
“Significant grazing acreage was disrupted by this unauthorized activity that has devalued our lease and diminished our ability to generate future revenue for the schoolchildren of Texas,” Buckingham said.
The lessee, Trans Pecos Ice LLC, has been notified that it is in breach of its lease agreement with the GLO for permitting unauthorized access. Under the terms of the leasing agreement, the only authorized use for the land is for “hunting, recreation, and grazing.”
The use of the land for any other purposes is prohibited, and “The lease does not allow modifications, excavations, or construction activities on the property without the GLO’s express written consent,” Buckingham stated in a letter to Trans Pecos ICE.
The company has been directed to take immediate steps to prevent further disturbance, according to the agency.
The GLO is demanding that all damaged state land be remediated and restored to its original condition. Barnard Construction has been asked to coordinate with CBP and the lessee on a proposed reclamation plan for GLO approval.
“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. “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. State land is damaged, and it must be restored.”
The GLO said it will continue to investigate the circumstances of the activity, including communications between Barnard Construction and the lessee. The agency stated that it has reserved all available legal remedies to address unauthorized use or damage to state property.
According to state records, the sole listed agent and manager of Trans Pecos ICE LLC is Ryan R. Seiders, the co-founder of the YETI lifestyle brand. Trans Pecos ICE is listed as the owner of Moody Bennet Ranch, a sprawling 5,200-acre property encompassing portions of Hudspeth, Jeff Davis, and Presidio Counties. The ranch lies in the planned path of the U.S. border wall and is adjacent to GLO-owned land. The ranch leases about 10,000 acres of GLO land in addition to the owned acreage.
Over the summer, Barnard Construction, which has received billions of dollars of federal money to construct the wall, has been utilizing the Moody Bennet Ranch as a staging point for construction equipment and has entered a contract to purchase sand and gravel from the ranch for the wall project, according to KTU News. The ranch’s owners are reportedly also cooperating with the contractor on other fronts, including potentially supplying housing for the wall’s construction workers.
Provided by Dallas Express
