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RCED-92-99 Natural Resources Protection: Reelfoot Lake Lease

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RCED-92-99 Natural Resources Protection: Reelfoot Lake Lease ( ..“I .__ ,_. .._.._.l.lll..- .._-. ._.. _.... .I ..-.__ -.. I -...__ II. ._ ..__-~ NATURAL RESOURCES PROTECTION Reelfoot Lake Lease Terms Met, but Lake Continues to Deteriorate 147360 I RESTRICTED--Not to be released outside the General Accounting Office unless suecificallv Y approved by the Office of Relations. SED United States General Accounting Off’ice GAO Wahb@on, D.C. 20548 Resources, Community, and Economic Development Division R-241610 August 17,1992 The Honorable John Tanner House of Representatives The Honorable JamesR. Sasser The Honorable Albert Gore,Jr. United StatesSenate This report respondsto your concerns about a ‘I&year lease and cooperative agreementsigned on August 28,1941, by the U.S. Department of the Interior’s Fish and Wildlife Service (FWS)and the state of Tennessee pertaining to Reelfoot Lake. Hundreds of thousands of fishermen, hunters, wildhfe observers,and other recreational users visit the lake annually. The lake also captures drainagefrom highly productive but highly erodible cropland bordering the lake and the streamsthat empty into it. Under the terms of the lease agreement,FWS assumed certain responsibilities for the preservation and enhancementof the state-owned lake and establishedthe Reelfoot National Wildlife Refugeon about 7,800 acres leasedfrom the state. Becausethe condition of Reelfoot bake has continued to deteriorate over the life of the lease,you asked us to (1) determine the extent to which FWS has complied with the terms of the lease agreementand (2) identify the primary causesof the lake’s deterioration, options for improving the lake’s condition, and barriers to implementing those options. Resultsin Brief agreement.The leaseprovides FWSwith considerablelatitude in carrying out its terms. The TennesseeWildlife ResourcesAgency (IVRA),the state 4 agencyresponsible for managingfish and wildlife programs for the lake as well as administering the lease,agrees that FFVShas complied with the lease. The primary causesof the lake’s acceleratedaging and deteriorated water quality have been well documented.They are (1) silt reaching the lake, primarily from cropland in Tennessee,and (2) the accumulation of undecomposedorganic material, which is aggravatedby the lake’s artificially maintained stable water level. The options for improving the lake’s condition have also been well documented. Constructing additional silt retention basins near the lake and in the lake’s watershed and P8ge 1 GAO/BCED-92-99 Beelfoot Lake &241610 the lake’sarea, mostly land but also part of one of the lake’sbasins. The Reelfoot National Wildlife Refugenow encompassesan additional 641 acresin Tennesseeand 2,039acres in Kentucky that FWShas subsequently acquired.The small portion of the lake that is in Kentucky is within the rws-ownedrefuge land. (App. I contains a map of Reelfoot Lake and vicinity.) Under the 1941lease agreement and subsequentchanges to it, FVVShas The ReelfootLake major responsibilitiesboth within the Reelfoot National Wildlife Refuge LeaseAgree ment and over the entire lake. Within the refuge, FWSis to, amongother things, GivesFWS Ma jor (1) operate and maintain the refuge, (2) dig and maintain water circulation channelsand boat accesstrails, (3) take stepsit considerspractical and Responsibilities necessaryto control siltation through the construction and maintenanceof silt retention basinsand erosion control works, and (4) control undesirablevegetation. FWS and TWRAare to cooperatein the latter three efforts in the portion of the lake managedby TWRA The leaseagreement also requires FWSto operate and maintain the water control structures-dam and spillway gates-located at the south end of the lake and to maintain a water level of not more than 3 feet above and below the spillway level at the time the leasewas signed (232.2feet mean sealevel). In addition, the leaseagreement allows Fws,with permission from the state of Tennessee,to temporarily drain the lake to a level that would allow cleaning,re moving,or destroyingundesirable plant or animal life. FWScannot, however, drain the lake entirely. Appendix II contains more details on rws responsibilitiesunder the leaseagreement. In our view, rws has substantiallycomplied with its responsibilitiesunder F’W$Has the leaseagreement, and TWRAagrees. Neither the original 1941lease Substantially agreementnor subsequentchanges to it specify standardsthat FWSis to ConipliedW ith Its achievein fuMUng its responsibilitiesunder the leaseor the time within which FWSis to take various actions. Consequently,the leaseaffords FWS Responsibilities considerablelatitude in f&llhng its leaseresponsibilities. Additionally, Underthe Lease under the leaseagreement, FWS ’ fulfihment of its responsibilitiesis contingent on the availability of funds. The leaseagreement does not Agreement require FWSto seekfunds nor does it specify a timetable for FWSto obtain funds. In commentingon a draft of this report, TWRAstated that it would like to have seenFWS pursue funding more aggressivelyin order to assist the state in accomplishingwhat remainsto be done at Reelfoot bake. Page a GAO/BCED-@2-B@Reelfoot Lake ,. :; :,, B241610 water level within 6 inches of the 1941level 76 percent of the time betweenthe early 1970sand the mid-1980s.FWS followed this policy in an attempt to strike a balancebetween agricultural interests, who would prefer that the lake’swater level not be raised becauseof the increased risk of flooding thousandsof acresof prime Tennesseeand Kentucky cropland, and recreationalinterests, particularly owners of boat docks and motels,who would prefer that the lake’swater level not be lowered becausedoing so would adverselyaffect activities on the lake. FWSalso wished to prevent damageto private and state lands and facilities for which it may be liable. This policy complied with the terms of the lease agreement,which allow but do not require FWSto fluctuate the lake’s water level up to 3 feet aboveand below the 1941spillway level and to temporarily dram most of the lake. However,the policy has also been identified ss a major contributing causeof the lake’scontinued deterioration. More natural water level fluctuations-beyond those that have occurred becauseof rainfall1-could have slowed deterioration resulting from siltation and undesirableaquatic vegetation. The studies mentionedearlier have identified options for improving Optionsfor Improving Reelfoot hake’scondition by either reducing the silt reaching the lake or ReelfootLake ’s by drying up and consolidatingthe silt and killing the undesirable Condition vegetationin the lake. Options identified for reducing the silt reachingthe lake include (1) constructing additional silt retention basinsnear the mouth of Keelfoot Creek and in other locations in the lake’swatershed and (2) increasingthe use of soil conservationand erosion control practices,by, for example,converting some cropland near the lake back into forest, pasture,and wetland. Two options have been identified for addressingthe silt and vegetationproble msin the lake. The first option is to acquireland and take other steps necessaryto allow FWSto changeits L current policy of maintainingthe lake at a stable water level to a policy that provides for more natural water level fluctuations, coupled with periodic major drawdowns every 6 to 10years. The secondoption is to dredgeor excavatethe accumulatedsilt. status of options to According to FWS,over 98 percent of the silt reaching Reelfoot Lake comes Reduce the Silt Reaching through Reelfoot Creek in Tennessee.FWS and TWRAare now attemptingto the L@ke acquire the land neededto construct a silt retention basin outside the Y boundariesof the refuge, near the mouth of Reelfoot Creek. Construction ‘Reelfoot Lake’s wster level has experienced some natural fluctuation due to Mall. Data tim lnterlor’s U.S. Geological Survey indicate that for at lea& some period during 27 of the first 60 years of the lease, the lake level exceeded 283.2 feet mean sea level. Page II GAD/WED-9248 Beelfoot Lake B-241610 The f¶.rststep in implementingFWS integrated’ water-levelmanagement program is to conduct a major drawdown and follow that with raising the water level to 284feet meansea level. However,implementation of this program could take years and csn be done only after major measuresto mitigate the effects of drawing down the lake and fluctuating the water level have been completed.The leaseagreement gives FWS the authority to fluctuate the lake’swater level by up to 3 feet above and below the 1941 spillway level and to temporarily dram most of the lake. However,the Departmentof the Interior stated in its commentson a draft of this report that this authority doesnot absolverws from the legal and environmental effects of such managementactions. Fluctuating the water level could, for example,damage private and state lands and facilities as well as archaeologicalresources. The mitigation measuresneeded before the lake’swater level can be rsised include, amongother things, (1) acquiring land or easementsin both Tennesseeand Kentucky,so that water csn be allowed to flow over the land when the level is raised; (2) making modifications to a state park and communitysewage treat ment facilities a&cent to the lake to accommodatethe higher water level; and (3) completingarchaeological surveysof and taking actions to protect cultural resources,such as Indian mounds,that may be inundated. Severalof the mitigation measures,such as land acquisition,would occur outside the leasedarea and are thus beyond the requirementsof rws’ leasewith the state
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