PRESIDIO COUNTY — Montana-based firm Barnard Construction was formally reprimanded by the Texas General Land Office (GLO) on Friday morning after the company illegally cleared more than a mile-long swath of land for border wall construction. The agency’s cease-and-desist marks the first time a State of Texas entity has made any statement on the border wall in the Big Bend — much less take legal action to slow it down.
In a press release, GLO Commissioner Dawn Buckingham described the company’s actions as an attack on “Texas sovereignty” and ordered both Barnard and Customs and Border Protection (CBP) to halt work and restore the land to its original condition. “My office has a proven track record of strong border enforcement,” she wrote. “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.”
Records obtained from the GLO by Big Bend Sentinel revealed that — as of mid-July — Barnard had only communicated with the agency to discuss the leasing of a shed right off of Chispa Road to house electrical equipment, but did not include agreements for land clearing, surface mining, water use or worker housing. “The electrical equipment is for the construction of border wall infrastructure in the area,” engineer Alex Cilia wrote to Jason Smalley of the GLO’s leasing department on June 25. “Our intent with the structure is to utilize an existing building in the area for safe storage of materials, and to additionally contribute to the state economy.”
Chispa Road — a rugged dirt track that spans the northwestern corner of Presidio County — has become the front line in the battle between local entities and the federal government over the border wall. Back in April, Barnard was ordered to cease and desist after local residents observed the company blading the road without permission from the county, which holds exclusive rights to the road’s operation and maintenance.
Court records produced for an unrelated lawsuit over border wall contracts revealed that this particular segment of the border wall was flagged for “fast-track” construction by Customs and Border Protection. Barnard snagged a contract for the project back in March for $960 million, and in April a company based in Tucson was awarded $4.4 million for land procurement and environmental monitoring — true to the “fast-track” label, in just four short months heavy equipment has moved in, land has been cleared and a man camp that could house 500 workers is being erected in nearby Lobo despite outcries from local residents and elected officials on both sides of the aisle.
The Texas GLO administers more than 13 million acres of land across the state. Proceeds from leases for activities like mining, grazing and hunting shore up the Permanent School Fund, which supports public education in Texas beyond what the property tax base can provide. “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,” Commissioner Buckingham wrote.
The GLO leased the property in question for grazing to Trans Pecos Ice, an LLC based in Austin. Reporting by Marfa Public Radio revealed ties between Trans Pecos Ice and Ryan Seiders, a co-founder of outdoor gear and cooler company Yeti, which has a history of using imagery from the Big Bend country to sell products. Seiders also serves on the advisory board of the Borderlands Research Institute, an arm of Sul Ross State University in Alpine that focuses on conservation and ecological research. (Yeti has denied any involvement in Trans Pecos Ice.)
Presidio County Commissioner Deirdre Hisler and Commissioner-Elect Susan Hays were tipped off to the unauthorized construction on state land last week by a concerned citizen and decided to investigate for themselves, armed with maps and GLO lease agreements, and were alarmed by the scale of work they saw. “As [Commissioner Buckingham] pointed out, it diminishes the value of the land, and that is a huge concern to me as an incoming commissioner,” Hays said. “If you are cutting through all of our riverfront properties, you’re diminishing their value, and that guts our property tax base — all to line the pockets of some contractors.”
Commissioner Hisler was dismayed to see the company breach state and local law yet again, especially as she and fellow county officials began discussions on a possible road use permit what would give Barnard access to the county’s portion of Chispa Road and allow for construction improvements. “This is strike two,” she said. “How can we possibly enter into any agreement when they have already violated our trust?”
Representatives for Barnard Construction and Trans Pecos Ice, LLC did not respond to a request for comment on this story.
