Christmas Mountains

[SHANEA]

I was thinking about this last night, so now that precedent has been set, I guess I can legally go on any Texas GLO owned land and hunt and recreate, etc.  One could think that the GLO is in the land and recreation business and this is extremely good news as the GLO has the Horse Canyon land down near La Linda and Black Gap WMA.  Thats really a great area to recreate.     So, how will the GLO police this land against poachers, illegal hunting, etc.  Pick up trash - whatever...

[randell]

Hmmm, I know where I'm going when the weather cools off again...

[SHANEA]

Email to JP and Press Release.  I called the GLO and talked with Jim Suydam who emailed it to me.  I have turned it into a PDF for uploading.

[SHANEA]

Hmmm, I know where I'm going when the weather cools off again...

 

   But, you will need to check on the hunting schedule, etc.  You may need to wear blaze orange.  I don't know if REI sales blaze orange backpacks or not.   I don't know what rules the GLO will put in place at the Christmas Mountains regarding this, but at BGWMA they have very strict rules on the amount of blaze orange you must wear, where you must wear it, etc.  I wouldn't want someone to mistake a large tall target like you for a dove or a deer...

[Vince T]

PRESS RELEASE - April 9, 2008
Christmas Mountains now open to Big Bend visitors
Land Commissioner signs permanent easement to allow public access via park

AUSTIN - Jerry Patterson, Commissioner of the Texas General Land Office, announced today the Christmas Mountains are for the first time open to hikers and campers visiting Big Bend National Park.


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I just stumbled across this story too...came here to post it and see as usual I am late.

I have a feeling I had Patterson all wrong.  We - and I'm implicating myself here - are often too quick to judge.
Vince

[SHANEA]

I think it is outstanding.  I just wish I could have shaken his hand last Saturday in San Antonio, unfortunately duty called.  Certainly a bang up elected leader that would come out and meet the voters in a setting like that.  Says a lot for his character.  As an initial interim step, it is certainly in the right direction.   

[Jim Suydam]

It looks like the news of Land Commissioner Jerry Patterson opening up the Christmas Mountains for public access traveled fast. Unfortunately, not everyone seems to have understood that news. Below is an e-mail exchange today between BigBendchat.com regular Shane Allen and Texas Land Commissioner Jerry Patterson.

Good afternoon,

Dear Jerry Patterson,

I see that the GLO has opened up the Christmas Mountains!  That is outstanding news!  I suppose this is precedent setting and I am now able to hunt and recreate on any and all land owned by the State of Texas through the GLO that is not leased out!  This of course will include the property down at Horse Canyon in the TPWD Black Gap WMA and La Linda region.  Where can I get a statewide map outlining all of the GLO land that is now open for hunting and recreation?  I am really looking forward to the vast new tracts of land to explore, especially in East Texas and in West Texas.   Will I be able to drive my  4x4 on of the the lands, etc.?  What about camping facilities, etc.

Best Regards,

Shane Allen

Below is Commissioner Patterson’s response.


Shane,

I suspect you had too much tequila last night because your reading comprehension skills obviously aren't what they should be. Please read the release again-it applies only to the Christmas Mountains-its an easement (google the term "easement" if you need to).

I'll be glad to provide you a map of PSF lands but if you venture on to them without our or our lessees permission you will be trespassing. Trespassing is usually a misdemeanor criminal offense and there is a good chance you won't get caught for a while, particularly if its not currently under lease, but if trespassing is how you get your jollies I guess I shouldn't judge you too harshly.

Oh by the way-if you're trespassing on PSF land under lease in West Texas I'd be remiss if I didn't inform you that most of our lessees are packin' heat and don't take kindly to trespassing. Remember the  #1 of gunfighting is... "Bring A Gun"!

Jerry Patterson

[SHANEA]

Well, I am a product of Houston Public Schools and SFASU, and I'm not a lawyer (para-lawyer maybe), didn't stay at a Holiday Inn Express Last Night, and drink Scotch instead of Tequila, but it sure seems to me that the property in question is under the auspices of the GLO and an easement was granted for this property and thus is a precedent setting move.  Are there any other parcels of land under GLO management that allow such an easement for recreation? 

Yes, the press release indicates only the Christmas Mountains, but is it not a precedent setting move - opening up GLO land to recreation and hunting?  If GLO land is just sitting there catching sunshine and rain and is not being leased, shouldn't the same easements be granted to these tracts?

Question - "who" is going to manage this land and insure that the covenants of the original documents are adhered to?

I always thought the first rule of gun fights was not to get in one in the first place, but if that fails, then bring a bigger gun.    and certainly never bring a knife to a gun fight.   

Personally, I do not get my jollies by trespassing on anyones land and do my darnedest to avoid doing such things.  I am very cognizant of property boundaries, fence lines, "No Trespassing Signs", etc.   When the sign at the Federal Building, school grounds, airport, Big Bend National Park, etc. says "No Firearms", whether or not I agree with it - I obey it.  I certainly don't get my jollies by flaunting the law.

And again, I sincerely apologize for not being able to attend the gathering last weekend, but I was getting my jollies working and making money to keep this economy going!

Best Regards,

Shane Allen

[SHANEA]

Pondering this while walking the dog as I often do, putting other GLO tracts aside and the question of precedence and limiting the discussion to just the Christmas Mountains, it would almost seem that the GLO has created a "no mans land" or a "land without rules" within the Christmas Mountains. 

Just the facts.
The State of Texas GLO has possession of the land, and possession being everything.

An easement has been created allowing access from the National Park Service Big Bend National Park, NPS BIBE, into the Christmas Mountains.

The rules and regulations of the NPS BIBE do not apply to the Christmas Mountains by the very fact that hunting will be allowed whereas hunting and firearms are strictly prohibited within NPS BIBE.

SIDEBAR:  The land is also not under the jurisdiction of the Texas Parks and Wildlife Department, TPWD, thus TPWD "rules/regulations" on camping do not apply. 

So, I'm "Joe Q. Public" a recreational backpacker/camper crossing the easement between NPS BIBE and the Christmas Mountains.  If I'm overnight backpacking into the Christmas Mountains, I do not have to have any specific camping permit nor associated fee, do not have to register my trip plan with NPS BIBE, and can carry a cord of wood on my back, or just a couple of DuraFlame logs, and have a nice little campfire out there as there is no rule against having a back country fire on the GLO land and such as the land is not under NPS BIBE jurisdiction, then it's perfectly legal.  There is no regulation of carrying a Duraflame log or a cord of wood on NPS BIBE land as long as I don't burn it and I'm not going to burn it until I get to the Christmas Mountains.  Now, if Brewster County is under a burn ban, then I would not legally be able to have the fire, unless the GLO land is not subject to the laws and rules of Brewster County.

Of course, if I get into trouble out in the Christmas Mountains, NPS BIBE will not come looking for me because they won't know that I'm there and I'll never be over due.  Of course, I generally don't hike alone, so unless the entire campsite gets wiped out by a heard of javelinas, then it really is not a problem for me. 

The Christmas Mountains will be a welcome addition to the BIBE experience as there will be no rangers patrolling it, insuring that I pack out my toilet paper and human excretion, as no one gave me a plastic baggy to carry.  As long as the original decree from the donor is adhered to, then all is well.  As one prominent member of this board would say, "This will be no Disney Land Experience".   

Since firearms are allowed now in the Christmas Mountains, I guess I will hike out there next time with my shot gun, a couple of hundred rounds of shells, and a backpack full of clay pidgins so I can hone my target practice skills.  So, when you are hiking over in the area enjoying the solitude and all of a sudden your experience of the sound of "absolutely nothing" is intruded upon by the sound of shot gun blasts, don't blame me.

Regards,

Shane Allen
   

[SHANEA]

Hmmm, I know where I'm going when the weather cools off again...

To camp on the very top of the Christmas Mountain at the summit and build a ground fire...

[SHANEA]

April 10, 2008
Some public access to Christmas Mountains now available

Hikers and campers visiting Big Bend National Park now can legally access the adjacent Christmas Mountains, Texas Land Commissioner Jerry Patterson said Thursday.

As he indicated he would do earlier this year, Patterson sent Big Bend National Park Superintendent Bill Wellman a copy of the permanent easement he has granted, allowing public access via the mile-long contiguous boundary with Big Bend National Park.

"With our easement, the Christmas Mountains are open to Big Bend National Park visitors," Patterson said. "It's exactly the same access that would be allowed if the National Park Service owned the tract."

State ownership has one major difference: Guns are allowed in the Christmas Mountains. "Imagine that - accessible through Big Bend, yet it protects Texans' Second Amendment rights," Patterson said. "As long as I am land commissioner, the Christmas Mountains will be open to the public."

Still, Patterson noted, the rugged terrain would likely prevent visitors from taking in the spectacular vista of Big Bend National Park from the tallest peak of the Christmas Mountains. The peak can only be reached via an old jeep road that cuts through private property.

Patterson has directed his staff to work with members of Congress and National Park Service officials to eliminate the barriers to transferring the tract to federal hands. The property needs a long-term federal funding commitment for care and maintenance and a designation that will respect the Second Amendment and allow public hunting, Patterson said.

Patterson's action got a mixed-reaction from Luke Metzger, director of Environment Texas.

"We're glad that after 17 years, the Land Office is finally moving towards the original vision for the property," Metzger said. "Unfortunately, it is disappointing that Commissioner Patterson continues to block acquisition of the property by National Park Service. Unless he intends to offer the same kinds of services that NPS has proposed, including staff archaeologists and biologists, search and rescue teams, and visitor services, they need to let a true parks agency take over and permanently protect the land."

http://blogs.chron.com/texaspolitics/archives/2008/04/some_public_acc.html

For more info go to the General Land office site's news release:

http://www.glo.state.tx.us/news/docs/2008-Releases/04-09-08-Access.pdf

[SHANEA]

Christmas Mountain talks move to Washington

[STARLITDARKNESS3]

A very positive move.  I would like to thank Shane, all the Big Bend Chat Community and Mr. Patterson for making this first step possible.  Maybe an October trip to the Christmas Mtns. for me.

[SHANEA]

A very positive move.  I would like to thank Shane, all the Big Bend Chat Community and Mr. Patterson for making this first step possible.  Maybe an October trip to the Christmas Mtns. for me.

 

Really, in all actuality Luke Metzer of www.environmenttexa s.org deserves a huge round of applause!   He has headed this thing up from day zero and ran with the ball.  If anyone has any spare money after visiting the gas station and Starbucks, send it over towards Environment Texas.

and of course, JP deserves  a clap for breaking the ice on the first stage.  We all started walking with baby steps...   

[presidio]

is a precedent setting move.

Precedents are determined by courts and would not be construed to occur on the basis of a clearly specified and limited grant of access on a single parcel of land.

Yes, the press release indicates only the Christmas Mountains, but is it not a precedent setting move - opening up GLO land to recreation and hunting?  If GLO land is just sitting there catching sunshine and rain and is not being leased, shouldn't the same easements be granted to these tracts?

That would be a good attempt at a defense at your trial. Probably wouldn't get you far.