Documents prove Daniels lease of Saint Edward State Park is illegal without replacement property of equal value.

Core documents prove Daniels lease of five to eight plus acres of Saint Edward State Park is illegal without replacement property:

1978 Deed from General Administration to State Parks, requiring if a different use is made of the land than what is in the Land and Water Conservation Project Agreement and successful Application, then according to Land and Water Conservation Grant Handbook, property of equal value must be exchanged for that use, and in the case of this Deed, marine property of equal value is stipulated, though there is confusion as to what is “marine” property. 
https://drive.google.com/file/d/1m2pKpgk2LyT58zjp_vJwXkWSQAD8Ub4Q/view?usp=sharing

Project Agreement for Land and Water Conservation Grant, between the State General Administration and the Federal Government which states that the use of the land will be exclusively passive recreation. This is considered a binding contract as is the successful application for the funds which stipulated passive recreation: 
https://drive.google.com/file/d/1snQJphwIoAdr5Atw6iTOeVZ8D7X230cd/view?usp=sharing

Handbook in effect when Land and Water Conservation Act Grant funded to purchase the land -- it contains the rules that govern the contract between the State and the Federal government.
https://drive.google.com/file/d/1pNUskR-9p6hIO8hQNVe0S50m8xUvVLD_/view?usp=sharing

v39 8_25_77 - 10_31_77 OCR.pdf drive.google.com

In the Handbook, for instance:

Page 109 states that development is okay for lands acquired by Fund assistance IF IN ACCORD WITH THE PURPOSES; see project agreement.

Page 117 cites the spirit of the Land and Water Conservation Act regarding lodging: austere cabins, not luxury lodges, luxury motels, or luxury cabins.

Page 77 states that historic sites management activities are limited to preservation and building maintenance:

5. Developments Management should be limited to activities that would effect such preservation and restoration as may be necessary to protect the features from deterioration and to interpret their significance to the public. Access to the area should be adequate but on-site development limited to prevent overuse.  

Pages 44 and 45 describe rules of Contingency Fund portion of Land and Water Conservation Grant, how this land was acquired. Specific criteria are listed with the requirement: Requests for assistance from the Contingency Reserve must meet the same basic requirements as required for assistance from the State's regular apportionment.

Page 24 on the “Project Agreement”: A contract executed between the United States and a State setting forth the mutual obligations with regard to a portion or all of a specific project.

Page 30 states that a Project Agreement may be submitted later, in which case the application, (which was for passive recreation), is deemed the Project Agreement. (.13b)

National Parks Service, the enforcement agency for the Secretary of the Interior, citing 2014 policy for Land and Water Conservation Act Grants, without information that the development would be a convention complex and designed to bring in a population totally different than park visitors there to enjoy a park experience, as reason Daniels project does not require a “conversion”: land of equal value: https://drive.google.com/file/d/12j1a6Rz2F46GeXd0xKs7RkCKNEqN8CVM/view?usp=sharing

2014 Memorandum, the 2014 policy that is referenced in above letter that gives more leniency to concessionaires, but it does not go far enough to include Daniels’ plan for a whole new population of visitors not there for a park experience, but for a convention experience:  https://drive.google.com/file/d/12wcM2sio-6-0DywMfFqgAXVaTOfoQuIM/view?usp=sharing

Real Property Attorney assessment of Daniel’s possession of Saint Edward State Park as illegal according to 2014 policy cited above: (It is already proven illegal according to the Project Agreement referenced above.) https://docs.google.com/document/d/1cL2jntdM61vZWE8qPL19BljWRvSiJqLvD_9VoKBVuKY/edit?usp=sharing

The executed and signed lease can be found at  https://drive.google.com/file/d/1UqmCblgTKbMX9wNP0b5fQw5OhgMVPLPp/view?usp=sharing In the signed lease Daniels is responsible for causing a conversion.

An agreement approved by the State Parks Commissioners January 9, 2017 can be found at: https://1drv.ms/b/s!AljizU2bpfv8r2kCxQp9jJqqmoaX The State Parks Director can make “minor” changes to the lease without the approval of the State Parks Commission; thus, the lease can go through revisions and further remove itself from a legal lease.  State Parks cannot deny Daniels any “reasonable” request, which can like “minor” changes move the lease even further from legality.

Revised February 14, 2019 to add executed lease. AH