AUSTIN -- In what may be a softening of his position on the issue, Texas Land Commissioner Jerry Patterson has signaled his willingness to transfer the Christmas Mountains to the National Park Service, although he also has requested the tract's designation as a national preserve so the public can hunt and carry firearms on the property, according to correspondence obtained by the Star-Telegram.

Addressed to Big Bend National Park Superintendent William Wellman, the Friday letter also reiterates many of his previous concerns about a land transfer. Patterson, a Republican, repeats his controversial position that the federal government should use tax money to acquire the 9,269-acre property, although a conservation group has offered to finance the transfer with private funds.

But in the last paragraph of the three-page letter, Patterson writes that "as a next step, I have instructed my staff to work with your agency, the Bush administration, and [San Antonio Democratic] Congressman Ciro Rodriguez's office to work through these issues and secure the necessary funding for the transfer of the Christmas Mountains to the National Park Service."

The tract has been at the center of a long controversy after Patterson last year signaled his intention to sell it to private interests despite an agreement with the original donors that it remain in state hands or go only to the National Park Service.

The National Park Service in late January submitted a proposal to acquire the property, which is owned by the Texas Permanent School Fund.

The School Land Board, a three-member panel over which Patterson presides, still has not considered that proposal although it has rejected two private bids.

Firearm restrictions

Patterson, a gun rights advocate, has opposed the National Park Service transfer if the agency insists on enforcing its firearms restrictions on the property.

Patterson repeated those concerns in his letter, noting that under state law it's now legal to carry guns in the Christmas Mountains.

"I am concerned that ... the transfer to the NPS of the Christmas Mountains and its inclusion as part of the Big Bend National Park would change the status quo and prohibit the lawful possession of firearms on the property," Patterson wrote. He also noted that President Bush on Sept. 17 issued an executive order calling for an "expansion and enhancement of hunting opportunities" by federal agencies.

"Due to the fact that the issue is currently under review by the Department of Interior, I ask that the NPS designate the Christmas Mountains as a National Preserve so that opportunities for public hunting would be made available and that state firearm and hunting laws are respected," he wrote.

Patterson also reiterated his position that the National Park Service not use private money to acquire the land.

"I feel it important that the U.S. Congress appropriates the money for the purchase and ongoing management of the property," he said. "I am concerned that absent a commitment by the Congress to fund the acquisition and ongoing management of the property, the Christmas Mountains will run the risk of being neglected due to a lack of funds needed for its care."

Wellman said he didn't see much new in the letter, "other than the last paragraph where he at least indicates that he is willing for the property to come to the National Park Service." Wellman also said it is the first communication from Patterson since the National Park Service submitted its proposed management plan for the Christmas Mountains on Jan. 31.

Guarded optimism

"I may be a little more optimistic than I was before, but that's still not very optimistic," Wellman said. "We'll respond and we'll go through each one of his points and consider them if there is some accommodation or change that we can make in our position -- but there's probably not."

Wellman said some of Patterson's requests would require an act of Congress -- such as a change in firearms rules -- and that others would needlessly complicate the transaction.

For instance, Wellman said he would prefer that the General Land Office donate the property, but barring that, the National Park Service would like to use private money from a nonprofit conservation group to acquire the desert range.

"A federal appropriation would bring in a whole lot of extra process and regulations and make it a difficult transfer," Wellman said. "It would be better to avoid the bureaucratic red tape and uncertainties of the budget process."

Ken Kramer, director of the Lone Star chapter of the Sierra Club, called Patterson's letter a step forward.

"I consider it a good sign," he said. "It does indicate a more cooperative stance by Commissioner Patterson to the National Park Service and their proposal. ... It seems like that [before] he was taking a very tough line-in-the-sand position, but the tone of this letter is more open and flexible."

A spokesman for Patterson could not be reached for comment late Tuesday night.