From: (b) (6)

To: (b) (6)

Subject: FW: CBP letter to Nature Conservancy
Date: Thursday, January 31, 2008 8:51:44 AM
Importance: High

Gents,
Forwarded from RGV: concerning The Nature Conservancy letter from CBP (Greg Giddens).

(b) (6)
SBInet / TI
(b) (6)

From: (b) (6)

Sent: Thursday, January 31, 2008 8:31 AM
To: (b) (6)
Cc: (b) (6)

Subject: FW: CBP letter to Nature Conservancy

Importance: High

Forwarded for your files.

RGV SBInet Team

From: (b) (6)

Sent: Thursday, January 31, 2008 5:57 AM
To: (b) (6)
Cc: (b) (6)
Subject: FW: CBP letter to Nature Conservancy

Letter for RGV files.

From:(
Sent: bWednesday, January 30, 2008 12:18 PM
To:(
Subject:
b FW: CBP letter to Nature Conservancy

For your Nature Conservancy files and info.

(b) (6)

Acquisition Realty Specialist

U.S. Army Corps of Engineers, Southwestern Division
(b) (6)
From: (b) (6) ]
Sent: Wednesday, January 30, 2008 7:33 AM
To: (b) (6)

Cc: (b) (6) FLOSSMAN, LOREN W; (b) (6)

Subject: Fw: CBP letter to Nature Conservancy

(b) (6)

Here's the final letter that went out to TNC.

Once we get a signed ROE, we'll need to do our best to live up to the commitments made in the letter regarding
advance coordination, etc. One of their biggest concerns is that we don't trample the Sable Palm sapplings, so
they'd prefer we allow their land manager to escort survey teams to guide them.

If there is ever a problem with TNC in these efforts, please contact me, (b) (6) or Loren directly.

Thanks,
(b)
(6)
----- Original Message -----
From: FLOSSMAN, LOREN W
To: (b) (6)
Sent: Wed Jan 30 04:07:38 2008
Subject: Fw: CBP letter

----- Original Message -----

From: (b) (6)
To: FLOSSMAN, LOREN W; (b) (6)
Sent: Tue Jan 29 17:28:55 2008
Subject: FW: CBP letter

Here is the letter

________________________________

From: GIDDENS, GREGORY

Sent: Tuesday, January 29, 2008 12:26 PM
To (b) (6)
Subject: FW: CBP letter

Here is the final letter…

Greg G
________________________________

From: GIDDENS, GREGORY

Sent: Friday, January 25, 2008 8:40 PM
To: (b) (6)
Subject: RE: CBP letter

(b)
(6)
Please take a look at the attached….

Have a good weekend!

Greg G

________________________________

From: GIDDENS, GREGORY

Sent: Friday, January 25, 2008 4:01 PM
To: (b) (6)
Subject: RE: CBP letter

OK. We will take another cut at it and send you something back.

Rowdy did a quick trip to meet up with the DoI rep from DC we have been working with.

We will have to get together at some point…

Greg G

________________________________

From: (b) (6)

Sent: Friday, January 25, 2008 10:59 AM
To: GIDDENS, GREGORY
Subject: RE: CBP letter

Greg,
Sure, sounds even better - something along the lines that ya'll will coordinate with F&W and IBWC regarding any
restrictions they may have on the property.

I understand Rowdy Adams is in Texas today - sorry I wasn't able to drive/fly down and visit with him (it's a 5-
hour drive from here). Let me know if you're ever out this way and we can visit.

Thx.

(b) (6)

________________________________

From: GIDDENS, GREGORY (b) (6)

Sent: Friday, January 25, 2008 6:18 AM
To: (b) (6)
Subject: Re: CBP letter

(b)
(6)
Thanks for your insights.
If it just Fish and Wildlife and IBWC, we should be OK since we already worl with them to do this action on land
they own.

What if we changed the sentence to read that we will coordinate with F&W and IBWC concernng our actions?

Look forward to meeting you some day!

Thanks again,
Greg G

----- Original Message -----

From: (b) (6)
To: GIDDENS, GREGORY (b) (6)
Sent: Thu Jan 24 12:16:08 2008
Subject: RE: CBP letter

Greg,

The U.S. Fish and Wildlife holds an easement on the farmland north of the levee. (The easement is in tan on the
attached map.) There are provisions in the easement the prohibit 'excavation' - probably doesn't apply to soil-core
samples.

And the U.S. Fish and Wildlife Service holds an interest in our entire Southmost and Chihuahua Woods preserve
because both were pledged as part of a National Wetlands Conservation Act (NAWCA) grant and project several
years ago. That agreement places restrictions on our properties.

In short, under those agreements, we're not supposed to undertake or allow activities that would impair the
conservation values of the properties, etc.

The International Boundary Waters Commission holds an easement (might be a lease, not an easement) for the
levee itself.

I think our Legal staff have copies of these agreements handy and we could send you a set. Or y'all may already be
familiar with these - the restrictions are pretty typical.

(b)
(6)
________________________________

From: GIDDENS, GREGORY(b) (6) v]

Sent: Wednesday, January 23, 2008 6:35 PM
To: (b) (6)
Subject: Re: CBP letter

Thanks for your response. We will work to provide you some feedback on Thurs.

Based on our phone chat last week that covered the work we need to do, are there any specific easements, right-of-
ways, or restrictions that are of particular concern?

Thanks again,
Greg G

I am nit sure what all

Thanks again,
Greg G

----- Original Message -----

From (b) (6)
To: GIDDENS, GREGORY (b) (6)
Sent: Wed Jan 23 18:24:35 2008
Subject: RE: CBP letter

Mr. Giddens,

Thanks for sharing a draft of your proposed letter with us. It looks good - I've changed a couple words and added a
sentence to the attached. If these are acceptable, let's proceed with the final letter and then we will sign off on the
access agreement and I will brief my local staff.

Or if you have any other suggestions, let me know.

I also highlighted a couple of phrases that I think can be dropped ("make every effort to" and "work dilegently to")
but I understand the difficulty of promising anything more than trying to contact us. Not a big deal from our end,
just a suggestion.

Thanks again for your call and your willingness to address our concerns.

(b) (6)
Director of Conservation Programs
The Nature Conservancy of Texas
PO Box 1440
San Antonio, TX 78295-1440
(b) (6)
(b) (6)

________________________________

From: GIDDENS, GREGORY (b) (6)

Sent: Friday, January 18, 2008 6:34 PM
To: (b) (6)
Subject: CBP letter

(b)
(6)
I appreciate you taking the time to chat with us today. Attached is a draft letter based on our phone call. I
appreciate your willingness to review our draft letter. We hope it provides you with a level of confidence that we
will work with your site manager and staff on our survey activities.

I welcome you thoughts on the letter.

Hope you get to have at least part of a weekend.

Safe travels.

Greg G
 January 18, 2008
(b) (6)
P.O. Box 1440
San Antonio, Texas 78205-1721
(b) (6)

Thank you for your letter to the US Corps of Engineers (USACE) dated January 16, 2008.
Additionally, it was a pleasure speaking with you this afternoon.

U.S. Customs and Border Protection (CBP), an agency of the Department of Homeland
Security (DHS), is implementing a layered defense plan to gain effective control of our
Nation’s borders. CBP is making substantial investments in technology, infrastructure such as
fence and increased enforcement personnel to meet our critical homeland security mission.

As you know, the two properties owned by the Nature Conservancy outlined in your letter
have been identified as potential sites for border security infrastructure, and as such, we need
to access your property to perform necessary surveys and site evaluations to determine if it is
suitable for this use. In today’s phone conversation, we outlined the scope of potential
activities that the government and its contractors would conduct in the course of this site
assessment once access is granted. As discussed, these activities will support real estate
definition, environmental assessment, cultural survey and geotechnical survey.

We (USACE and CBP) recognize and respect your organization’s critical mission to
“protect ecologically important lands and waters for nature and people”, and we believe as you
do that our national security mission and your preservation mission can and should coexist. As
you have assured us of your support of our efforts in light of the nature of our proposed survey
activity, I assure you that we will provide your land manager(s) with advance notice prior to
physically entering upon your site. Moreover, we will coordinate our survey activities with
those personnel to avoid unnecessary damage to wetlands, sable palm plants and other species
your organization is working to cultivate and protect. We also understand that we need to
coordinate our access with the IBWC and U.S. Fish and Wildlife to survey and explore the
areas of your property subject to their property interests. .

While it is my sincere hope that our mutual efforts will result in no regrettable incidents,
should you learn of any issues of concern, please do not hesitate to call me at 202.344.1920.

Sincerely,

Gregory Giddens
Secure Border Initiative Executive Director
Customs and Border Protection