The Privatization of Lake Texoma State Park & Corp of Engineers Wildlands
Lake Texoma State Park is in the process of being taken by a powerful group of Oklahoma businessmen, including Chesapeake Energy’s CEO, Aubrey K. McClendon, and Chaparral Energy’s CEO, Mark Fischer,(co-owners of Pointe Vista Development), with the bipartisan assistance of former Governor Frank Keating, U.S. Senator James Inhofe, State Senator Jay Paul Gumm, and Oklahoma Governor Brad Henry.
This taking involves the gross abuse of eminent domain after a decade of successful bipartisan efforts to “break” both federal and state laws. The original purpose of those statutes has been carefully undone, thereby ultimately serving the private corporate interests of Pointe Vista Development, at the expense of the Oklahoma School Land Trust, as well as the Corp of Engineers’ lakeshore property, part of our commonwealth.
EMINENT DOMAIN: Indian Lands - Taken by the Federal Government
Following tribal removal from Mississippi along the Trail of Tears in the 1830’s, the U.S. Government transferred these Oklahoma lands, which were then part of Indian Territory, to the Choctaw and Chickasaw tribes to be theirs in perpetuity.
One hundred years later, after years of resistance by local Chickasaw and Choctaw farmers and ranchers, U.S House Speaker Sam Rayburn of Texas succeeded in passing the Flood Control Act of 1938, to construct the dam at Denison, Texas.
By August, 1941, the federal government had purchased 9,187 acres from Texas, and 23, 289 acres from Oklahoma. The average price paid for Oklahoma lands was $23.12 per acre, and for Texas lands, $36.85 per acre. In October of 1942, they owned 60,490 acres in Oklahoma and 22,881 acres in Texas, for which they had paid $2,209,444.78.
PRIVATIZATION: Federal Lands – Taken by OK Politicians and Their Cronies
In 1996, Lake Texoma State Park was Oklahoma's most popular & profitable state park.
In 1999, Governor Keating’s massive budget cuts laid the groundwork for selling off ten golf courses and four state parks operated by the Tourism & Recreation Department.
The federal Water Resources and Development Act (WRDA) of 1999 authorized the Corp to sell valuable lakefront land at both Lake Texoma State Park and at Hugo Lake, Oklahoma. The questionable Hugo Lake land sales are under investigation by the FBI.
The state and federal lands comprising Lake Texoma State Park have also been quietly undervalued and hastily sold to Pointe Vista Development by members of the Oklahoma School Lands Trust - Commissioners of the Land Office, working in collaboration with the Oklahoma Tourism & Recreation Department (OTRD) Director Hardy Watkins.
These land sales are not complete! There is still time to save Lake Texoma State Park.
January, 2009 Newsletter
– Vicki Gaylor and Stephen Willis
Lake Texoma State Park -
Privatization Appears Unlawful ~ Records Show Land Deal & Park Conversion are Premature
(Kingston, OK) – In December, the Friends of Lake Texoma State Park located documents at the Oklahoma Tourism & Recreation Department (OTRD) in Oklahoma City which appear to show that the Park is being unlawfully converted to private use.
Thanks to the Oklahoma Open Records Act, the Friends were able to obtain proof of at least seven different park improvement projects which were paid for by federal grants from the Land and Water Conservation Fund (LWCF). The National Park Service (NPS) administers LWCF funds which come with a strict stipulation that public parklands funded in this way not be converted to other uses unless replacement recreational lands are provided.
The Land and Water Conservation Fund (LWCF) Act of 1964 assists in preserving, developing and assuring accessibility to outdoor recreation resources for all citizens of present and future generations.
With each project agreement, the Tourism Department made a binding commitment to protect and preserve Lake Texoma State Park for public recreational use, now and forever. It only takes one LWCF grant to protect a state or national park, but OTRD received grants for at least seven, and perhaps more.
With each grant application, OTRD submitted a special map with a boundary showing the locations of the park improvements, and the part of the park which they agreed to protect forever.
By June, 1997, the state had received so many of these grants that the entire park fell within what is called the “6(f)(3) boundary map,” referring to the compliance section of the Land and Water Conservation Act which essentially protects areas from conversion without replacement.
If a state seeks to convert a LWCF funded park it must first submit a formal request to the NPS.
No such request was ever submitted to the NPS prior to the sale of Lake Texoma State Park lands to Pointe Vista Development, L.L.C. of Oklahoma City. Responsibility for compliance and enforcement of these project agreements rests with the Oklahoma Attorney General Drew Edmondson.
Prior to sale or conversion, the LWCF also requires that the Tourism & Recreation Department (OTRD) to identify replacement park lands and do an inventory of their qualities. These qualities need to be compared item by item to determine the suitability of the replacement park land.
The NPS may not approve the park conversion without this information. Parklands need to serve the same community and have similar ease of public access, and equal value. They cannot be taken from an already existing public recreational area, like Johnson Creek in Bryan County. It must be newly created.
That is prohibited by LWCF because it would result in a net loss of public recreational facilities.
1967: $40,000.public group camp &campground built to be replaced in 1997 by the Chickasaw Pointe Golf Course which then came under the protection of the Land and Water Conservation Act. It was sold last year to Pointe Vista!
1963 - $53,000: Campgrounds and electrical system work at Catfish Bay Lagoon System next to the airstrip.
1968 & 1969: Texoma State Park Road LWCF improvements - cost $4,406.40, and $3,213.00.
1969: $81,600 - ten sleeping cabins, community bldg1970: $6,426 – access roads, parking for new boathouse.
1977: $572,600 - campground at Chickasaw Pointe, lodge tennis court lighting , lodge golf course irrigation.
1983 – 88: $35,000 – campgrounds, roads, utilities.
Kingston Town Meeting: 1/31
Let’s Take Back The Park!
Do you remember when everyone was saying “It’s a Done Deal?”
Well it isn’t, and it never was!! Hello again everyone,
When we began writing letters to the local papers last summer, raising questions about the ongoing sale of the park, it seemed like every one around was saying, “It’s a done deal – there is nothing we can do.” We have never seen so many sad faces.
When we hosted our first public Town Meeting in mid-September, we had a good turnout and a heated debate. We learned that almost no one in Kingston is for this project except people who are already working for Pointe Vista Development, or who are hoping to cash in on the deal some day.
Since that time more and more information has come out showing that there is so much wrong with this land grab and so many laws being ignored by the state officials who have promoted it. We can end this rip off and send the developers back to Oklahoma City if enough of the folks here in Kingston are willing to stand up against it. Together let’s tell these people that we’ve had enough of their lies and phony promises – we want our parkland back!
Nothing could be more empowering for a small community like Kingston than coming together to save our beautiful Lake Texoma State Park. Not just for future generations of Marshall County citizens, but for our selves and our families and all of our friends.
This is not wishful thinking. It is entirely possible to stop this land grab, but only if the folks who are most impacted by the loss of the park are willing to stand up and say, “We’ve had enough of the lies and the BS!”
Our next meeting will be held Saturday, January 31, from 2-3:30 PM at BG’s Catch on US Highway 70 in Kingston. Senator Gumm and other elected and Pointe Vista officials have been invited to provide updates.
Bruce Greene has generously offered to open BG’s early so we can host this public meeting. The catfish, shrimp & chicken buffet opens at 4PM, and you are encouraged to stay and dine afterwards. But that is not required for you to attend the meeting from 2-3:30 PM.
Mark January 31st on your calendar and bring your neighbors with you to BG’s. This is an opportunity unlike any you have ever had before. How often do you get to take on the powerful corporations that seem to run the world? Working together, we’ll send them packing!
We need everyone to get involved. The Lake Texoma State Park Lodge, the 70 cabins, campgrounds, marina and public golf courses were the economic engine that served Kingston for five decades. Most towns would give anything for a locally-based, sustainable economy, and they would fight dearly to protect it.
Thanks to Kingston residents who are already standing up and saying “NO!” - This land grab is no longer a Done Deal. Pointe Vista officials have admitted as much when they said they don’t need Area C to go forward. But they do need to pay for a $2 million Environmental Impact Study which could take two yearsor more for the Corps of Engineers to complete!
Ask yourselves this: Who can best afford to lose this battle, Pointe Vista Development, or the small business owners and residents of Kingston?
Aubrey McClendon and Mark Fischer are multi-millionaires. They can afford to let go of our park. We are not alone in this fight; our parks are under attack throughout the nation and we need to draw a line here.
Join with us. Together we can save the Park!!
Hey, Corps of Engineers: How about a Real EIS?
On August 10, 2004, the U.S. Army Corps of Engineers sent a request to the U.S. Fish and Wildlife Service, and other agencies and interested parties, requesting comments on their proposed land transfer at Lake Texoma State Park.
Their proposed action would transfer 564 acres, the Park, to the Oklahoma Commissioners of the Land with the land to be sold at “fair market price.”
In a letter dated October 6, 2004, Jerry Brabander, the Field Supervisor for the U.S. Fish and Wildlife Service in Tulsa, wrote, “Lacking precise information on the location of these lands, the U.S. Fish and Wildlife Service cannot provide you a site specific species list” as required by the Endangered Species Act.
Brabander said, “The federally-listed species likely to occur near Lake Texoma would include the bald eagle, interior least tern, piping plover, whooping crane, and American burying beetle. …The direct and indirect effects on these federally-listed species must be addressed before proceeding with your proposed action.” (And they were not!)
In regards to the land sale, Brabander commented that the Corps “frequently permits actions…that cumulatively impact wildlife habitat at Corps projects. Lands previously available for public uses such as camping, hiking, hunting and fishing, frequently then become unavailable to the general public.” Exactly what is going on at Lake Texoma!
“This proposed action is another example of project lands and wildlife habitat being affected without any assessment of cumulative effects.”
Who are Jeff McMahon and Clifton Scott?
On October 26, 2008, Tony Thornton of the Oklahoman Reported: “Corrupt businessman Steve Phipps, the linchpin of a three-year FBI investigation, told a federal grand jury he could implicate more than 30 people – in criminal activities and/or political corruption.”
Among those Phipps has already testified against are former state auditor, Clifton Scott, who is current Secretary of the State Land Office.
Governor Brad Henry also received illegal contributions from former State Senator Gene Stipe and Steve Phipps.
The Commissioners of the Land Office includes members who are implicated in these illegal contributions and who were instrumental in approving the sale of Lake Texoma State Park. Jeff McMahon was reported to have traveled to Lake Texoma on a fishing trip with Phipps in 2002, prior to his appointment to the Land Office by Governor Henry.
Google search: “Anatomy of a Scandal by Gary Jones” and “FBI probes Hugo Lake Land Deal,” by Tony Thornton, and you’ll see why the land deals at Lake Texoma should be investigated and very possibly overturned.
FRIENDS 2009 Goals:
