Mr. YATES. Are there any other questions for Mr. Mott.

Mr. CONTE. I have some questions for Mr. Hodel.

Mr. YATES. Any time you want to proceed. You want to go ahead now?

MATAGORDA ISLAND

Mr. CONTE. Mr. Secretary, first of all I want to welcome you here and tell you how sorry I am to ask you these questions. But I've been involved in this issue since '81, and I thought it would

Mr. YATES. Since 1881. [Laughter.]

Mr. CONTE. Since 1881. I thought it was put to rest there and now it's ugly head is raised again. I want to get something in the record.

Back in September the Dallas Morning News reported "Governor Clements said after a meeting with Interior Secretary Donald Hodel that the agreement might be finalized within 90 days, giving the Texas Wildlife Department managerial jurisdiction over Matagorda Island."

Mr. Secretary, is that report accurate?

Mr. HODEL. I don't think it is, Congressman, because when I met with Governor Clements and the issue came up, I didn't have any background with regard to that. When he raised the question, I said in principle that since we were very happy with the State of Texas management of part of Matagorda Island, which is currently a fish and wildlife refuge-as you know they added lands and water to the area-we said why don't you manage it? We've been very happy with that, and I knew that. I said I didn't have an objection in principle to trying to work out such an agreement, but what I always try to caution people is, I believe I have to rely upon the managers-in this case the Director of the Fish and Wildlife Service to tell me details, whether restrictions apply, and what have you. So I don't think that that's a fair characterization.

Certainly I have no objection in principle to what the Governor was talking about, since we were already doing it most satisfactorily on the north end of Matagorda Island.

Mr. CONTE. Then, as I understand your answer, you had no intentions at all of giving Matagorda Island to the State?

Mr. HODEL. No, that's not correct. All I'm saying is that when you asked me about that press report

Mr. CONTE. Well, that's what that press report says. Secretary Hodel says that an agreement might be finalized within 90 days giving Texas Parks and Wildlife Department managerial jurisdiction over the island.

Mr. HODEL. And what I'm saying is, that press report is not correct. Since then I've gotten into it further. I've written the State of Texas indicating that we would like to continue discussions with them about the way in which the south end of Matagorda Island would be managed. And I must say that, in principle, again it still appears to me that if we could work out a satisfactory arrangement with the State of Texas assuring protection of Fish and Wildlife Service interests and requirements, it would be desirable to do that.

Mr. CONTE. Well, I hope that after all the millions of dollars this Committee has appropriated that we're not going to turn it over to the State of Texas. And believe me, I'm going to do everything I can, while I've got a little life in me, to prevent that from happening. My good friend Charlie Wilson tried to do this and with the help of my good Chairman here, we stopped him last year. He put in a new bill and one of the things he wanted-it says here, to turn it over to Texas-would provide substantial improvements including a State Park operated lodge, and a conference center for recreation and meeting purposes. You know what this is going to turn into. Talk about monkey business.

Mr. HODEL. If I may-

Mr. CONTE. This is the only place, Mr. Chairman. I've been there in 1981, and stopped what at that time Secretary Watt was going to do. Then we came to an agreement and he signed an agreement. This part here would be under the Federal Government. We wouldn't do anything or allow any interference with the tranquillity of the birds and-Mr. Chairman, if I may, I'll put that agreement in the record right now.

Mr. YATES. It may go into the record. [The information follows:]

MEMORANDUM OF AGREEMENT BETWEEN

UNITED STATES DEPARTMENT OF THE INTERIOR

AND

STATE OF TEXAS

FOR THE MANAGEMENT OF

THE MATAGORDA ISLAND STATE PARK AND WILDLIFE MANAGEMENT AREA A UNIT OF THE NATIONAL WILDLIFE REFUGE SYSTEM

IN CALHOUN COUNTY, TEXAS

This Memorandum of Agreement (Agreement) is between the United States Department of the Interior (Interior), acting through the U.S. Fish and Wildlife Service (FWS), and the State of Texas (Texas), acting through the Governor, and the Texas Parks and Wildlife Department (TPWD) and the Texas General and Office (GLO).

WHEREAS, it is the policy of Interior to recognize the vital role of the States in proper management and conservation of our national resources; and

WHEREAS, Interior and Texas recognize that Matagorda Island is:

A valuable and delicate State and national resource deserving of careful management and conservation; and

One of the few remaining barrier islands in the Nation which remain essentially in a natural state, and shall be preserved in an undeveloped state, except for any improvements necessary to administer the land as a refuge and wildlife management area and for park purposes; and

Of particular importance for wildlife, especially for the protection of endangered species such as the whooping crane; and

One of the most important waterfowl areas along the Texas gulf coast, and the North American Continent, especially during annual migration and wintering periods; and

A rationally, if not internationally, significant ecosystem that must be preserved; and

A significant recreational and historical area, both to the citizens of Texas and to the Nation; and

WHEREAS, Interior, by and through FWS, is the Federal agency responsible for carrying out this Nation's migratory bird and endangered species program responsibilities, including providing proper protection and sound integrated management with the State for said wildlife species utilizing Matagorda Island;

and

WHEREAS, Interior, by and through the FWS, has since 1971 managed the 19,000 acres of Federal land on Matagorda Island as part of the Aransas National Wildlife Refuge; and

WHEREAS, Texas has demonstrated its ability to manage its fish and wildlife resources and maintain the delicate ecosystem of its gulf coast including State wetlands and Gulf lands on Matagorda Island; and

WHEREAS, GLC, the Texas agency which manages the Texas Coastal Public Lands, including the 24,8932 acres of State wetlands and Gulf lands on Matagorda Island, has agreed to lease its land to TPWD to enable TPWD to manage the lands as provided for in this Agreement; and

WHEREAS, TPWD is the Texas agency responsible for the management of wildlife in the State reservation, as well as for the administration of Texas laws relating to wildlife, fish, oysters and marine life; and

WHEREAS, Interior wishes to obtain a conservation easement on the 24,893± acres of State wetlands and Gulf lands on Matagorda Island to be managed as a unit of the National Wildlife Refuge System (NWRS) in exchange for a grant of easement to Texas on the 19,000 acres of Federal land; and

WHEREAS, Texas, by and through TPWD, desires to provide integrated management of all Federal and State lands on Matagorda Island, shown on the

map, Exhibit "A' (attached herato and incorporated by reference in this Agreement) as a park and wildlife management area, under an Agreement with Interior and lease from GLC; and

WHEREAS, Interior and Texas believe that the wildlife resources on Matagorda Island will benefit from integrated management of the Federal and State lands on Matagorda Island; and

WHEREAS, Interior and Texas agree there is need to define the respective rights and obligations of each in the integrated operation and management of Matagorda Island; and

WHEREAS, this Agreement is authorized under the National Wildlife Refuge System Administration Act (16 U.S.C. 668dd-668ee), section 6(b) of the Endangered Species Act (16 U.S.C. 1535 (b)), the Fish and Wildlife Coordination Act (16 U.S.C. 661-667c), the Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j); and as authorized in the Texas Parks and Wildlife Code, and Texas Natural Resources Code Chapter 33, et seq.

NOW THEREFORE INTERIOR AND TEXAS HEREBY AGREE THAT:

1. Texas shall, through TPWD, provide integrated management of all publicly-owned land on Matagorda Island, pursuant to this Agreement, the "Matagorda Island Conceptual Plan" (State conceptual plan, attached hereto as Exhibit "B" and incorporated by reference in this Agreement), as approved by Interior, and in accordance with annual operations plans approved by FW'S and GLO, as a wildlife refuge, park and wildlife management area in the manner, and subject to the further terms and conditions, as hereinafter prescribed in this Agreement.

2. For the purposes of carrying out their respective obligations and responsibilities under this Agreement, Texas will be represented by the Executive Director, TPWD, and the Texas Land Commissioner, GLO; and Interior will be represented by the Regional Director, FWS, Albuquerque, New Mexico.