TENNESSEE WILDLIFE RESOURCES AGENCY ELLINGTON AGRICULTURAL CENTER P.O, BOX 40747 NASHVILLE, TENNESSEE 37208 dune 13, 1990 Mr. James W. Pullian, Jr. U.S. Fish and Wildlife Service 75"Spring Street, Si, Room 1200 Atlanta, GA 30303 Dear Jim: This is written as a result of public concern about the 1987 Memorandum of Understanding and in response to your letter of May 22, 1990. That document was developed so that we would both know where we were trying to go as we worked toward eventual renegotiation of the Reelfoot Lease Agreement. At that time, TWRA wanted to regain control of the management of the waters of Reelfoot Lake. To give control back to the state, the Federal Government had to get something in return. The 1987 Memorandum of Understanding was developed to identify things we might want to do toward those ends. Within a week or so of returning the document, I received information that at least one branch of State Government was concerned that I had not consulted with them. I also realized that it might be possible to get the Federal Government to fund the sediment basin at Reelfoot Creek if we left the Federal Government with that responsibility. So I called and asked you to disregard the document. Sometime after that, it became clear that Tennessee could not legally extend the lease for 50 years as requested by the Service, that there were no willing sellers of land in Kentucky, etc. and that this agency no longer wished to regain control of water level management at Reelfoot. And so, the Memorandum of Understanding was meaningless from the beginning, except that it caused us to carefully consider the possible actions identified. The purpose of this letter is to express my view in writing that the Memorandum of Understanding we signed in 1987 did nothing other than identify areas for serious consideration as we moved forward with renegotiation of the lease. Beyond that, the document was and remains meaningless. As a result, I see no reason for our agency toMr. James W. Pulliam, Jr. Page 2 June 13, 1990 "rescind" a document that is not 1a force and had no binding effect in any event. The Service, as determined by the court, has control over the management of the waters of Reelfoot Lake. The Service likewise is still responsible for the construction of sediment basin, etc. as outlined in the lease which has not been renegotiated, which we have no present plans to renegotiate, and which remains in full force. i Hopefully, people will come to this understanding, Sincerely, 7 G1 Pay Gary T. Myers Executive Director