CHAPTER 3: AUTHORIZATION OF AGATE FOSSIL BEDS NATIONAL MONUMENT, 1965 Statistics for a National Monument The Department of the Interior's background report, Proposed Agate Fossil Beds National Monument, was updated for the new 89th Congress. Compiled by the Midwest Regional Office, the report was an admirable document. In straight-forward terms it spelled out the precise dimension of the initiative and left few "holes" open to question by meticulous congressmen. The Magdanz land appraisal was completed on January 14, 1965, and incorporated into the updated report. Magdanz prorated the appraised and assessed values which included both land and improvements. The following is an excerpt from his report: [1]
The Department report stated that all the privately-owned land was used primarily for grazing with some native hay production along the Niobrara River. The Service recommended grazing eventually be eliminated, but current grazing could be continued during the lifetime of the landowners only in areas not needed for park development. Of the six landowners, only three families actually lived within the proposed boundary at two ranch headquarters. The Hoffman ranch consisted of a house, cattle sheds, corrals, and other support structures at an estimated value of $25,000. The second was the Cook's Agate Springs Ranch with two houses, one for Mrs. Cook and the other for her ranch foreman and family. Together with cattle sheds, corrals, irrigation systems, and other support facilities, the improvements were estimated at $50,000. With severance damages (five ownerships) combined with total values of land and improvements and road rights-of-way, the Service offer on the six ownerships of 3,080 acres was: [2]
The report recounted Margaret C. Cook's offer to donate sufficient land for a monument headquarters and quarrying rights at the fossil beds, including road access and provisions for exploration and development for scientific and educational purposes. Also outlined was the promised donation of the famous Cook Collection if the monument was established before the Nebraska centennial. Statements on the interests and attitudes of the other principal landowners along with long-range preservation goals were also included:
A staffing summary was included to prove the extent of the Service's commitment to the future development of Agate Fossil Beds National Monument:
Progress of House and Senate Hearings In the initial hours of the First Session of the 89th Congress, identical bills "To provide for the establishment of the Agate Fossil Beds National Monument in the State of Nebraska, and for other purposes" were again introduced. In the Senate, the measure was S. 339, while in the House, H.R. 500. On January 10, 1965, the directors of the Agate Fossil Beds National Monument Association met at the Agate Springs Ranch. They voted to send Father Robert O'Neill to the capital to lobby committee members and other officials to ensure early passage of the two bills. Father O'Neill left for Washington, D.C., on January 18. [5] On February 2, Representative Dave Martin urged the House Interior Committee to hold early hearings on his bill. In an appeal to each member of the National Parks and Recreation Subcommittee, he called for immediate action to preserve the site. [6] Martin's effort bore fruit. Three weeks later, a March 2 hearing date was scheduled. [7] Scotts Bluff Superintendent Keith Miller met with Margaret Cook and Lester Danielson on February 16 to draft a letter which Dave Martin requested from the Agate Fossil Beds National Monument Association. The letter indicated the Association's support of H.R. 500. In a subsequent public meeting where Father O'Neill related his discussions with various congressmen in Washington, D.C., Miller was startled that the Service's land appraisal was prematurely divulged. Miller informed the Regional Director:
On March 1, Assistant Secretary of the Interior John M. Kelly supplied a report on H.R. 500 to Rep. Wayne N. Aspinall, Chairman of the Committee on Interior and Insular Affairs. Assistant Secretary Kelly set forth the Department's proposal. With acquisition limitation of 3,150 acres at an estimated $301,150, the Department set the cost of development at $1,842,000, and anticipated annual operating expenditures of $51,000 the first year and $106,000 after the five-year development plan. The Department suggested three amendments. The first amendment clarified the language in the section on land acquisition. A second amendment provided authorization to acquire a road right-of-way between the principal quarries and the Stenomylus Quarry. The final amendment revised the sentence dealing with establishment and boundary adjustments to read:
On March 2, the House Committee on Interior and Insular Affairs, Subcommittee on National Parks and Recreation, held a fifty-minute hearing. Margaret C. Cook, Dr. C. C. Black of the Carnegie Museum, and Dr. Malcolm C. McKenna of the American Museum of Natural History were present to testify. With Chairman Ralph J. Rivers (D.-Alaska) presiding, Rep. Dave Martin introduced his bill and briefly discussed the historical significance of the Agate Fossil Beds. Rep. Roy A. Taylor (D.-N.C.) demanded to know why the State of Nebraska did not use the Land and Water Conservation Fund to acquire the land. Martin dismissed the inquiry, stating Nebraska could not manage the area even with the new funds,* but Congress should act to authorize the area before the 1967 centennial. He then submitted for the record letters of recommendation by Senators Hruska and Curtis, Society of Vertebrate Paleontology, Western Nebraska United Chambers of Commerce, and Agate Fossil Beds National Monument Association. [10]
A statement by Assistant Director Howard W. Baker was submitted for the record [11] before Margaret Cook recited a brief history of the area for the committee. No mention was made of ownership or donation rights. The most persuasive testimony came from Dr. Malcolm C. McKenna:
Dr. McKenna testified that the fossil beds were not mined out, but seventy-five percent of the bones remained. "It is like a good many mines," he commented:
In response to the statement that the boundaries appeared to encompass an area greater than required, Dr. C. C. Black declared that fossils existed throughout the area. Although it was true the richest concentrations were in the hill quarries, the banks of the Niobrara were also fossiliferous. [14] Director George B. Hartzog, Jr., testified before the same House subcommittee in a fifteen-minute hearing on March 16. In a prepared statement, Hartzog declared approval of the bill would allow the Park Service to:
Rep. John P. Saylor (R.-Pa.) asked Director Hartzog his opinion of the meaning of a telegram the committee received from the law firm of Wright, Simmons and Hancock of Scottsbluff: "Re Agate Springs Park, committee should realize that tender donation does not include land on which fossil deposits are located, that donor has only a life estate of heavily encumbered land to donate." Hartzog was at a loss to explain the telegram, but guessed it originated from the interests in the Cook estate: "Now, with respect to the legal rights that Mrs. Cook may have with respect to that estate, I am not acquainted; . . . she proposes to donate whatever interest she has in it, and if that is not in accordance with the facts, we will clarify it for the record." [16] The hearing concluded with a weak request to look into the land donation question. There is no record the Service ever clarified the matter. The evidence is clear, however, that Park Service officials were fully aware of the four Cook daughters opposition to Service plans in regard to the Agate Springs Ranch headquarters. The same applied to the legislators pushing for the bill. Kirk Coulter, an aide to Senator Roman Hruska, later wrote: "At the time the legislation was passed authorizing the Agate Monument, I do recall there was a sharp difference of feeling between Dr. Cook's widow (his second wife), and the four children by the first wife. The Park Service sided with the widow, and we went along, in order to put over the legislation," [17] It was Senator Roman L. Hruska's intentand by extension, the intent of Congressthat the ranch headquarters fall within the boundaries of the proposed monument. [18] On the Senate side of the Capitol, on March 8, the Department sent a status report on S. 339 to Henry M. Jackson, Chairman of the Committee on Interior and Insular Affairs. [19] On April 6, the first and only hearing was held on S. 339 before the Subcommittee on Parks and Recreation. Because of the favorable outcome of the previous hearings, the proceedings of 1964 were reincorporated by reference in the 1965 session. Assistant Director Howard Baker submitted a statement similar to the one prepared for the House. [20] Baker was the only witness testifying. When asked to explain the discrepancy between the $275,000 for acquisition in 1964 and the current $301,000 price, Baker explained the independent Magdanz appraisal. Senator Milward L. Simpson criticized the difference stating, "The Park Service for some reason is notoriously low on their appraisals. In some instances I have seen it where it has tripled over their appraisal figures." Citing the case of Fort Larned National Historic Site, Kansas (established August 31, 1964), he declared, "I don't want to be chinchsy [sic] about it. It is unfortunate it did not get through last year when we would have paid less." [21] After twenty-five minutes the subcommittee went into executive session. Congress Endorses the National Monument On April 5, the House subcommittee approved H.R. 500. [22] The following day, the Senate subcommittee followed suit. [23] On April 7, the House Interior Committee passed H.R. 500. On April 8 the Senate Interior Committee endorsed the bill, and sent it on to the floor of the Senate. [24] On April 9, S. 339 passed the Senate without opposition. [25] The House bill did not come to a vote before the one-week Easter recess, but it was passed on May 3, 1965. The House immediately voted to consider S. 339. It was also passed with one amendment: to insert the language of H.R. 500's enacting clause. [26] The primary difference between the two bills involved the ceiling for land acquisition. S. 339 provided for "not more than $315,000," while H.R. 500 called for "not more than $301,150 for acquisition of lands and interests in land and not more than $1,842,000 for development." On May 24, the difference in the legislation necessitated it being returned for consideration by the Senate. The Senate concurred with the House version. The bill was on its way to the White House. [27] Senators Hruska and Curtis jubilantly proclaimed to their constituency: "We are very pleased to report this happy conclusion in the prolonged effort to secure enactment of this measure, which will mean much to the tourist attractiveness and economic development of Nebraska." [28] Residents of the Nebraska panhandle followed the progress of the Agate Fossil Beds National Monument legislation closely. The high public interest and enthusiasm prompted a softening in George Hoffman's stoic position. On March 31, he told Superintendent Miller that he would like to remain on his ranch and expressed a willingness to sell any land needed for immediate development purposes. [29] Congressional approval in May prompted Miller to write about a new headache in his monthly report, increasing visitation:
President Johnson Signs Public Law 89-33 On June 2, 1965, Mrs. Margaret C. Cook wrote Superintendent Keith Miller and offered the Agate Post Office as an interim headquarters. Reasoning that few patrons came since the advent of thrice-weekly mail delivery and that the structure was fenced off from the cattle feed lot, she added, "It should be a pleasant, shaded place for a headquarters while permanent arrangements are pending." [31] The offer came at a propitious time. Three days later, on June 5, President Lyndon Baines Johnson signed P.L. 89-33. With the program clearly spelled out in Congress, no special lobbying of the White House was necessary. The Act authorizing Agate Fossil Beds National Monument was finally Federal law. [32] Agate Fossil Beds' legislative purpose is:
Two pens the President used to sign the bill were sent to Margaret Cook and Father Robert O'Neill. [33]* In a congratulatory telegram from Omaha, Regional Director Lon Garrison stated: "The passage of the Agate Fossil Beds National Monument bill has been a cooperative endeavor. Your time and effort through personal interest and the Agate Fossil Beds National Monument Association were a contributing factor in its passage. My personal thanks for this interest and your help." [34]
Even before the bill got to President Johnson's desk, Margaret C. Cook appealed to Senator Hruska for help in getting a National Park Service ranger onsite as soon as possible. Hruska, foreseeing this need, had already submitted a formal request to the Park Service. He reported, "I am advised that the proposal is being given consideration... and [I] am very hopeful that some arrangement will be made. If there is any difficulty about this, please advise, and any assistance you desire will be forthcoming." [35] In fact, as early a April 22, Hruska requested Senator Carl Hayden, Chairman of the Subcommittee on Interior Appropriations, to provide funds for Agate Fossil Beds development during the mark-up sessions of the Department of the Interior's Fiscal Year 1966 budget. Hruska explained:
Four days following the President's action, a meeting was held in Omaha between Regional personnel and Keith Miller to establish the objectives of the new park by completing the draft Master Plan. The process was finished on June 11, signed by Regional Director Garrison, and forwarded to the Washington Office for approval by Director George Hartzog. An Exciting First Visitor Season On June 15, Superintendent Miller met with Mrs. Cook and the Hoffmans. He reported that "the Hoffmans were greatly interested in the progression of events which will take place. They were reassured that we wouldn't be rushing in and taking their place. They have been very cooperative, and I feel have considerable trust in the National Park Service." [37] On June 30, Miller returned to Agate to supervise the installation of a trailer the quarters for the seasonal ranger. Clearance to use the lobby area of the Agate Post Office had been secured from the U.S. Postal Service. There the seasonal employee could dispense interpretive brochures and answer questions. [38] Frank W. Frailey, the first employee of Agate Fossil Beds, entered on duty July 1, 1965. The seasonal park ranger (general), a biology teacher at Scottsbluff High School, arrived at Agate after two days of orientation at Scotts Bluff National Monument. Frailey had a desk in the post office while nearby he and his family occupied the rental trailer. Since the Service had no actual authority in the area, visitors were not encouraged to go to the fossil beds. Those who persisted were told they had to make their own arrangements with the landowners. The only physical evidence of visitor facilities were two pit toilets, borrowed from Fort Laramie National Historic Site, which arrived on site July 3. Ranger Frailey maintained a daily log of events which he submitted each week to Scotts Bluff. In July, he counted 460 visitors, eighty-seven of whom were from out-of-state. Most of the latter came believing the monument was already developed. Local people were only interested in fishing the Niobrara or using the Cook's picnic area. In between visits by Keith Miller, Margaret Cook was interviewed on July 14 by Scotts Bluff Historian Earl R. Harris and Seasonal Historian R. Jay Roberts. Roberts was charged with writing a history of the area to be used in future planning efforts. [39] In September, Keith Miller transferred to the Midwest Regional Office, and a new superintendent arrived at Scotts Bluff. Richard L. Holder's first visit at Agate Fossil Beds was on August 9, to meet with Mrs. Cook, the Hoffmans, and others. Reporting 367 visitors during August, Holder informed the Regional Director:
Holder commended the Region's preparation of an excellent public folder. Although the text plainly stated the site was undeveloped, for those who did not read the "fine print," stamped on the front of each folder was a simple message: "At the present time there are no visitor facilities at the Monument, nor are there any exposed fossils to be seen at the quarry sites." [41] Only people known to Mrs. Cook were permitted to go to the quarries. On August 26, the Agate Fossil Beds National Monument Association held its first annual meeting since passage of the organic act. Richard Holder addressed a crowd of 200 people gathered at the Agate Springs Ranch on the Service's development plans. After the meeting, Nebraska Governor Frank Morrison officiated at a ribbon-cutting ceremony for the new Mitchell to Harrison highway followed by a steak dinner on the lawn of the ranch. [42] Frank Frailey's final day at Agate Fossil Beds was September 6, Labor Day. With the end of the first visitor season, the rented trailer residence was taken away. Richard Holder looked forward to the establishment of a permanent Agate Fossil Beds employee to take charge of more mundane affairs which would then allow Holder to concentrate two- to three-days a week at Agate on development, master planning, land acquisition, and visitor contact concerns. In this context, Regional Chief of National Park System Studies Harry Robinson and Dinosaur National Monument Paleontologist Dr. Theodore White came to the new park on September 28. On a preconstruction survey, their purpose was to appraise paleontological values and formulate opinions on development. [43] On October 14, William Pulford, Recreation Specialist from the Bureau of Outdoor Recreation, came to conduct a physical review of all lands included in the 1967 fiscal year acquisition program. October brought the welcome news that the Regional Director approved a new position at Scotts Bluff, Management Assistant GS-09. Holder decided to locate the employee at Agate by the time the 1966 visitor season began. [44] The final field data were gathered November 15 and 16 by members of the Master Plan team: Park Planners Frank Hirst, Don Rickey, and Keith Miller of the Midwest Regional Office, and Landscape Architect John Adams and Engineer Jim Bainbridge of the Western Office of Design and Construction. By keeping local landowners informed of these planning efforts, Superintendent Holder cultivated trust and friendship. On the biggest obstacle, Holder noted:
From a Service viewpoint, a court ruling in early November was a positive development in the internal squabbling of the Cook family. The Nebraska Supreme Court affirmed the Sioux County District Court ruling which favored Mrs. Margaret C. Cook in a dispute with three stepdaughters over the Harold J. Cook will. [46] The status quoMrs. Cook's promise to donate the Cook Collection as well as land for administrative purposesremained unchanged. A Management Assistant Arrives Management Assistant Albert E. Werking, the first permanent employee of Agate Fossil Beds National Monument, entered on duty at Scotts Bluff on December 5, 1965. During his orientation meeting at Agate on December 16, both Holder and Werking were startled when Mrs. Cook commented that her four stepdaughters, as heirs to the estate, would sell some of their land to pay the inheritance taxes.* A subsequent meeting on December 23 with the Hoffmans revealed that the supposition was "completely unfounded." [47]
Endnotes 1. Taxes Appraised and Assessed Value of Land and Improvements, 14 January 1965, Magdanz Appraisal, Background Book: "Proposed Agate Fossil Beds National Monument, D18. 2. Background Book: Proposed Agate Fossil Beds National Monument, D18. 5. Superintendent Keith E. Miller to Regional Director Garrison, 3 February 1965. A2615; and "Expect Early Action on Measure to Create Agate Fossil Beds Monument," Mitchell Index (14 January 1965), K3415. 6. "Martin Pushes for Early Hearings on Monument Project," Scottsbluff Daily Star-Herald (2 February 1965), K3415. 7. "Fossil Beds Monument Hearings Scheduled to Start March 2nd," Mitchell Index (25 February 1965), K3415. 8. Superintendent Miller to Regional Director Garrison, 3 March 1965, A2615. 9. Assistant Secretary of the Interior John M. Kelly to Rep. Wayne N. Aspinall, letter, 1 March 1965, D18. 10. "Hearings Held Before Committee on Interior and Insular Affairs, Subcommittee on National Parks and Recreation; H.R. 500, To Provide For The Establishment of the Agate Fossil Beds National Monument In The State of Nebraska, 2 March 1965," Report of Proceedings (Washington, D.C.: Ward and Paul Official Reporters, 1965), D18. 11. Ibid., "Statement of Howard W. Baker, Assistant Director, National Park Service, Department of the Interior." 12. Ibid., H.R. 500, 2 March 1965, Report of Proceedings. 16. Ibid., and "NPS Chief Urges Authorization for Agate Monument," Scotts bluff Daily Star-Herald (17 March 1965), K3415. 17. Kirk Coulter to Senator Roman Hruska, U. S. Senate memorandum, undated (circa March 1968), Box 196 Departmental Correspondence, 90th Congress, 2nd session, folderDepartment of the Interior, National Park Service, 1968, Hruska papers, Nebraska State Historical Society; and Howard W. Baker, interview with author, Omaha, Nebraska, 13 May 1986, transcript. p. 7. 18. Honorable Roman L. Hruska (former U.S. Senator from Nebraska), interview with author, Omaha, Nebraska, 26 June 1986, transcript, p. 6. 19. Acting Secretary of the Interior John A. Carver, Jr., to Senator Henry M. Jackson, letter, 8 March 1965, D18. 20. "Statement of Howard W. Baker, Assistant Director, National Park Service, Department of the Interior," Hearings Held Before the Subcommittee on Parks and Recreation, Senate Committee on Interior and Insular Affairs, In Support of S. 339, To Provide For The Establishment of the Agate Fossil Beds National Monument In The State of Nebraska, and For Other Purposes, 6 April 1965, "Background Book: Proposed Agate Fossil Beds National Monument," D18. 21. "Stenographic Transcript of Hearings Before the Subcommittee on Parks and Recreation, Committee on Interior and Insular Affairs, United States Senate, 6 April 1965 (Washington, D.C.: Anderson Reporting Company, 1965), W 3823. 22. "House Panel Okays Agate Monument Bill," Scottsbluff Daily Star-Herald (6 April 1965), K3415. 23. "Senate Unit Okays Agate Bill Tuesday," Scottsbluff Daily Star-Herald (7 April 1965), K3415. 24. "Interior Committee Approves Agate Bill," Scottsbluff Daily Star-Herald (9 April 1965), K3415. 25. "Agate Bill to House," Scottsbluff Daily Star-Herald (10 April 1965), K3415. 26. "Agate Fossil Beds National Monument, Nebraska," H.R. 500, 3 May 1965 Congressional RecordHouse (Washington, D.C.: United States Government Printing Office, 1965), pp. 9126-7, W3823. 27. "Legislative History," Public Law 89-33, 89th Congress, W3823. 28. "Agate Fossil Beds National Park Now Fact," Gering Courier (28 May 1965), K3415. 29. Superintendent Miller to Regional Director Garrison, 1 April 1965, A2615. 30. Superintendent Miller to Regional Director Garrison, 3 June 1965, A2615. 31. Mrs. Margaret C. Cook to Superintendent Miller, letter, 2 June 1965, H14 Agate Daily Log. 32. "Public Law 89-33; 79 Stat. 123," 89th Congress, 5 June 1965, W3823; and Honorable Roman L. Hruska (former U.S. Senator from Nebraska), interview with author, Omaha, Nebraska, 26 June 1986, transcript, p. 5. 33. Margaret Cook to Roman Hruska, letter, 23 June 1965, box 33; and Margaret Cook to Carl T. Curtis, letter, 23 June 1965, box 25, Cook Papers. 34. Regional Director Lemuel A. Garrison to Margaret Cook, telegram, 9 June 1965, box 29, Cook Papers. 35. Senator Roman Hruska to Mrs. Harold J. Cook, letter, 2 June 1965, Box 22 Correspondence Alphabetical, 88-89th Congress, folder 53, Hruska papers, Nebraska State Historical Society. 36. Roman Hruska to Carl Hayden, letter, 22 April 1965, Box 130 Appropriations Committee CorrespondenceLegislation 1965-1966, folder 1965Appropriations, Interior and Related Agencies, Hruska papers, Nebraska State Historical Society. 37. Superintendent Miller to Regional Director Garrison, 2 July 1965, A2615. 39. Acting Superintendent Earl R. Harris to Regional Director Garrison, 4 August 1965, A2615. 40. Ibid., Superintendent Richard Holder to Regional Director, 3 September 1965. 46. "Notice," Scottsbluff Daily Star-Herald (6 November 1965), K3415. 47. Superintendent Holder to Regional Director Garrison, 4 January 1966, A2615.
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