EIS Questions and Answers
What started the federally mandated sales of public land at Lake Texoma managed by the Corps of Engineers?
Federal legislation was introduced by U.S. Senators and Representatives from Oklahoma and Texas and subsequently passed that requires the Corps to sell the public land subject to the National Environmental Policy Act (NEPA) requirements.
Lake Texoma State Park: Water Resources Development Act of 1999, Section 563, PUBLIC LAW 106–53—AUG. 17, 1999. The Secretary shall convey to the State of Oklahoma all right, title, and interest of the United States in and to real property located in Marshall County, Oklahoma, and included in the Lake Texoma (Denison Dam), Oklahoma and Texas, project, consisting of approximately 1,580 acres and leased to the State of Oklahoma for public park and recreation purposes.
Eastern Shore of Little Mineral Bay: Water Resources Development Act (WRDA) 2007, SEC. 3182. LAND CONVEYANCES. (j) DENISON, TEXAS.—, P.L. 110-114
(1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Secretary shall offer to convey at fair market value to the city of Denison, Texas, all right, title, and interest of the United States in and to the approximately 900 acres of land located in Grayson County, Texas, which is currently subject to an application for lease for public park and recreational purposes made by the city of Denison, Texas.
Why is the Corps of Engineers conducting an Environmental Impact Statement?
The National Environmental Policy Act or NEPA is our basic national charter for protection of the environment. NEPA requires the identification and analysis of potential environmental impacts of certain proposed federal actions and potential land uses and alternatives before the actions take place. At Lake Texoma, it is the proposed sale of the Corps shoreline land on the eastern shore of Little Mineral Bay to the City of Denison, TX and the remaining federal land at Lake Texoma State Park to the State of Oklahoma. NEPA requires full disclosure throughout the process and allows public access and participation in the federal decision-making process.
What are the steps in preparing an EIS?
Identify what needs to be analyzed (Scoping, meeting and public and agency comments), Clearly define proposed action and alternatives, Gather data, conduct analysis, and identify environmental effects of proposed action and alternatives, Publish Draft EIS for public and agency review, Conduct meeting on Draft EIS and solicit public and agency comments, Publish Final EIS and solicit public and agency comments, Publish federal Record of Decision.
What is included in an EIS?
The Lake Texoma EIS should include but not be limited to; Human Environment, Clean Air and Waters Acts of the U.S., Cultural Resources, Endangered and Threatened Species, Historic sites, Essential Fish Habitat, Fish and Wildlife Coordination, Floodplain Management, Invasive Species, Migratory Birds, Natural Areas, Prime and Unique Farmlands, Riparian Areas, Scenic Beauty, and Wetlands. The key to the federal EIS is to balance the concerns for general public use, recreation and the environment.
For example, Human Environment should include considerations such as “affordable or general public” boating and land side recreation lake access and use, boating, fishing, hunting and all types of outdoor activities, health benefits of outdoor recreation, economic impacts).
The Lake Texoma EIS should consider existing Corps Master Plan zoning or Corps land use around the lake including proposed changes. It is similar to effective county land zoning such as commercial, residential, parks and recreation, and protected areas like wildlife management areas, wet lands and native forests. After Corps land is sold its land use zoning stops.
What is the first step of EIS Scoping and who pays for the Proposed EIS?
The Corps will try to use a very narrow EIS Scope which only includes the remaining federal land at Lake Texoma State Park and an especially limited evaluation of Lake Texoma for cumulative and other impacts. Funding would be provided by the State of Oklahoma that may or may not be reimbursed by the developer. The Corps is using a similar EIS Scoping approach for the Denison, TX Land Conveyance of federal native shoreline land on Little Mineral Bay of Lake Texoma. This Scope varies greatly from what the Corps previously advised us. They stated that the very large federal land sales such as the proposed resort developments would require the Corps to conduct a comprehensive and in depth EIS for the entire lake that was federally funded.
We should insist that federal actions to buy or lease additional Corps land at Lake Texoma State Park must require a comprehensive and in depth Supplemental Environmental Impact Statement (EIS) for the entire lake that is funded and completed by the federal government (not other parties with actual or potential conflicts of interest).
The EIS provides essential information that can be used to update the other plans such as onshore and shoreline zoning of Corps of Engineers managed federal land and economic development around the lake. The Lake
Texoma EIS (1976) must be updated first in order to update the Master Plan (1978) and Shoreline Management Plan (1996). All of these plans are required to be updated by the Corps every five years according to Corps policy and regulations.
The Corps is proposing to sell federal land from 645 down to the 619 msl elevation at Little Mineral Bay which will allow the developers to prohibit general public access along the miles of the formerly public lakefront property down to the water line and major removal and/or changes to the native shoreline and vegetation. This proposed action can have major cumulative impacts on general public access all around the lake including the federal land at the Texoma State Park.
How long will the EIS take?
It will take about 2 to 3 years, depending on the scope and funding, to complete the EIS.
Is the EIS and proposed land sale of the remaining federal land at Little Mineral Bay and Lake Texoma State Park already approved by the Corps and the federal government?
No. NEPA requires the Corps to conduct an EIS which considers several factors as stated above and evaluates alternatives to the proposed federal action. The EIS facts and information developed could result in a recommendation and final federal decision of “No Action”. In which case the proposed federal land sale would be stopped.
What is the first major step in the EIS process for the proposed Lake Texoma State Park and how can I participate?
The Tulsa District, U.S. Army Corps of Engineers announces and hosts a highly structured public Scoping meeting in or near the affected area. Look for announcements in the local media.
Note: the Scoping process has already been completed for the proposed sale of the public land along the eastern shore of Little Mineral Bay. Results from the Scoping meeting are provided as a link on this web site. See Hot Issues. Public comments and recommendations will be requested again by the Corps later in the EIS process at the Draft EIS stage.
Please attend the Corps Scoping meeting and Corps request for comments on the Draft EIS with (or mail) in prepared written comments that you can request to be entered into the official public meeting record. The written comments and recommendations are much more effective than verbal comments to a court reporter at a Corps meeting. Public comments should include federal land sale impacts such as how they affect you, others, the environment, businesses, economy, other lake areas and the EIS factors indicated above. Additional EIS information is available at www.citizensforlaketexoma.com .
