Agate Fossil Beds Administrative History

Senator Hruska's Diligent Offensive 1975-1976

The opening salvo in a battle of words fought in Agate, Omaha, and Washington, D.C., and studiously covered in the press, was lobbed by the lawyer of the Cook sisters. In a July 9, 1975, letter to Senator Roman Hruska, Robert G. Simmons, Jr., related a conversation he had had with a retired Interior Department official who thought that the State of Nebraska should be managing the fossil beds. The unidentified retired employee said the National Park Service never wanted Agate Fossil Beds, but that "it was pushed on them by an act of Congress." [Of course the public record does not substantiate this viewpoint.] Further, the Service did not have the funds to operate the remote area and "it is really a research facility and they are not in the research business." The man also confided to Simmons that he thought it shameful the Park Service had the Cook Collection with no plans to display it. Simmons asked Senator Hruska if he would investigate. Simmons pointed out that as a member of the Board of Regents of the University of Nebraska, he intended to find out if the University would want to administer the fossil beds should the Park Service abandon the area. [71]

Hruska, who prided himself as a champion in the establishment of Agate Fossil Beds National Monument ten years before, forwarded Simmons' inquiry to Director Gary Everhardt. Hruska himself was not in sympathy with this viewpoint nor did he believe it represented the views of the National Park Service. [72] His was a significant congressional inquiry; Hruska was the ranking Republican on the Senate Appropriations Committee. In the meantime, Hruska's staff did some homework of its own; one of the Senator's aides called Midwest Region Programs Coordinator R. Neil Thorne inquiring how much money had been spent and the development schedule for Agate Fossil Beds. [73]

The response to the congressional inquiry came on August 7, from Midwest Regional Director Merrill D. Beal:

Let me assure you first that we in the National Park Service who have direct responsibilities for Agate Fossil Beds are in no way disenchanted with the area. There has been no thought of transferring management to the State of Nebraska. We regard it as a worthy National Park Service area. Visitation to Agate Fossil Beds is increasing steadily, up 19 per cent through June of this year as compared with last year.

It is true that development of the area has not proceeded as rapidly as we would have preferred. Problems with acquisition of land within the Monument have delayed the planning and development of facilities. However, recent negotiations and land acquisition make it possible now to proceed with planning, including development of the Master Plan and Interpretive Prospectus. That done, we will be able to program for proper development.

Regarding the Harold Cook collection to which Mr. Simmons' letter made reference, the collection is in storage at the Scotts Bluff National Monument. Before display efforts can be planned, there needs to be a cataloguing of the collection. We are hoping to accomplish cataloguing in the reasonably near future. [74]

Rather than placate the Senator, Beal's letter merely added fuel to the fire. On September 24, Senator Hruska wrote to Director Gary Everhardt that "plans for improving visitor facilities at the Agate Fossil Beds National Monument in Nebraska are not progressing at a satisfactory pace." He advised Everhardt that in 1965, he was told permanent facilities would be completed in two to three years. While conceding that past land acquisition problems had held up development, Hruska declared, "I see no reason why more progress has not been made in upgrading this important national historic site." The Senator was alarmed by information received from Omaha which forecast construction into the 1980s:

My office was informed that residences for Park Service personnel would not be started until at least 1979, that a permanent building to study and interpret the fossils and artifacts and exhibit them could not be built until 1980, and that administrative offices and a visitors' center are not planned for construction until at least 1983.

I strongly urge that Park Service priorities be changed to move up this proposed construction timetable for the Agate site.

It seems very strange to me that the Agate Fossil Beds National Monument, which the Park Service has described as "world renowned for its rich concentrations of the fossil remains of mammals that lived fifteen million years ago," should be given such low priority. It will be almost 20 years after the bill was signed creating the Agate Fossil Beds National Monument that visitor facilities will be constructed if current Park Service plans remain in effect. That is much too long.

According to the Omaha regional office of the Park Service, the proposed budget for the Agate site for FY 1976 is $42,900—an increase of only $200 over the FY 1975 figure of $42,700.

I ask that you seriously consider recommending more funds for Agate for the upcoming FY 1977 budget so that work can begin as soon as possible to replace the temporary structures there with permanent facilities.

Your cooperation in this matter would be greatly appreciated. My office stands ready to assist you in any way possible. [75]

A week later, Hruska's letter was released to the media. [76]

The Midwest Regional Office provided assistance in answering Senator Hruska's letter, but a communications breakdown in the Washington Office almost caused embarrassment for the Service. Distress was averted when the response was literally snatched from the Director's desk for correction. The error was discovered in Omaha on October 15 when a memorandum, signed by Deputy Director Russell Dickenson, stated that the $38,000 project for visitor center exhibits at Agate Fossil Beds had been diverted to cover cost overruns at Independence Hall. The $38,000 project had been included in the response to Hruska as one of the Fiscal Year 1976 projects. A series of telephone calls to the Washington Office revealed that few had been told about the reprogramming. Officials corrected the communications breakdown and revised the response before the Director signed and mailed it. [77] Dated October 24, Director Gary Everhardt's letter stated:

We share your concern in the delayed construction of permanent structures for this site which was authorized some 10 years ago. During this decade, approximately 90 new areas have been added to the National Park System that will cost approximately a billion dollars to develop in accordance with the authorizations and intent of Congress. In addition there are older areas of the Service that have a large backlog of construction work to rehabilitate and restore existing facilities to meet current demands of high visitation and services consistent with national policies.

The short-term and long-range developments at the Agate site will be dependent upon funds made available to the Service to meet the most essential projects and national thrusts. Beginning in fiscal year 1972 and through fiscal year 1975, major emphasis was placed on developing and rehabilitating facilities in park areas directly associated with the events of the American Revolution which has to be completed for the Bicentennial Celebration in 1976. Consequently, the major portion of budget allowances for development during this period was allotted to these areas. [78]

Everhardt explained that in addition to the Bicentennial, environmental requirements of the Federal Water Pollution Control Act of 1972 (P. L. 92-500), and Executive Order 11752* dominated the Service's budget. He continued:

A planning team recently visited the Agate site to review the current use of existing facilities and determine future developments for the park. The team's recommendations are now under review. A decision will soon be reached to determine whether or not the existing master plan that was prepared in 1966 is adequate or if the document should be revised to meet current conditions and policies.

The fiscal year 1977 budget is in the formulation stage. However, the inclusion of funds for permanent structures at Agate will be very difficult due to the lack of prerequisite advance planning and the President's desire to limit Federal spending. [79]

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*Signed by President Richard Nixon on December 17, 1973, E. O. 11752 required the Federal Government to design, build, and maintain facilities compatible with the environment in cooperation with State and local governments. With both of the above-cited antipollution measures, the National Park Service had to rehabilitate all inadequate sewage treatment facilities or build new ones by July 1, 1977. To meet the impending deadline, the Service dedicated the bulk of its budget to the environmental initiative.

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At this point, the war of words was in full swing, On November 7, Senator Hruska wrote, "I am most disappointed in the tone and substance of your most recent letter. . . . I believe that Agate is one of those 'most essential projects' and more funds should be made available for it—as soon as possible." Hruska added a suggestion, backed by legislative pressure:

You mention that the recommendations of a planning team which recently visited Agate are being reviewed. It is hoped that a reevaluation of Agate's priorities within the Park Service will be considered and the schedule for the construction of permanent facilities there will be moved up.

It is strongly urged that as you formulate the Park Service budget for 1975, consideration be given to the allocation of more funds for Agate. As a member of the Interior Appropriations Subcommittee—which has jurisdiction over the Park Service budget—be assured of my continuing interest in this matter. [80]

The Senator then released the Everhardt letter to the media. [81]

On December 1, growing weary of the controversy, Gary Everhardt apologized to Roman Hruska that his previous letter was unsatisfactory. In his letter, Director Everhardt stated:

We do consider Agate Fossil Beds a high priority. However, planning and construction funds made available to the National Park Service for the last several years have not been adequate to keep up with the need, considering the number of new areas added to the National Park System. Consequently, most of the newer areas have not been developed in accordance with original intents and plans at the time of authorization.

The findings and recommendations of the planning team that recently visited Agate have been reviewed by the Midwest Regional Office. During the inspection of the area, it was found that the proposed construction site for the Headquarters-Visitor Center facilities would be located on an extensive archeological site that must be considered for preservation and protection, in accordance with the National Historic Preservation Act of 1966. Additionally, if built at the proposed location, these facilities would be a visual intrusion on the valley floor within less than a mile of the fossil-bearing buttes which are the primary resource of the monument. In view of these findings, it now appears that the existing master plan prepared in 1965, along with an environmental impact statement, will have to be completely revised and presented to the public for review, comment and recommendations.

Since no new construction can be accomplished until those requirements have been met, we will begin work on the master plan and environmental statement as soon as possible. Upon completion, we will request funds for planning and development in accordance with guidelines formulated in the revised master plan. [82]

Roman Hruska's impatience was understandable. He was in his final Senate term, having decided not to seek reelection in 1976. Examining his Senate career, Agate Fossil Beds National Monument was an outstanding accomplishment for his home state. In terms of permanent visitor facilities, Agate Fossil Beds had progressed very little in the ten years since President Johnson signed the authorization act. Hruska had to act swiftly to get the National Park Service moving again at Agate Fossil Beds before his term expired. He was unprepared, however, for Everhardt's unyielding response. The war of words had come to confrontation. On December 5, 1975, Senator Hruska lashed out:

Your most recent letter concerning the status of the Agate Fossil Beds National Monument was read with astonishment. It is inconceivable to me that after ten years it now has been determined that proposed facilities for the monument are too near the fossil beds. Surely, the fossils have not moved during that period of time.

This apparent mismanagement and neglect of the Agate site is very disturbing. It is my request that you and your appropriate staff meet with me and members of my staff as soon as possible to discuss this situation. Each time I write to you it seems I get a different story about the reasons for delay in the development of Agate.

You can be sure that when you and other representatives of the Department of the Interior appear before the Senate Interior Appropriations Subcommittee to testify on your proposed budget for FY 1977, questions about the Agate situation will be forthcoming. As a member of that subcommittee I will want to be assured that other Park Service projects are not being managed in the same manner as Agate. [83]

A week later, Senator Hruska again released the exchange of correspondence to reporters who pounced on the story. [84] One syndicated columnist commented:*

As Everhardt will soon find out, it is not good to fool Grandfather Hruska.

Agate had better receive funding and permanent construction had better go ahead or quite a few other NPS projects including NPS's budget will be sand-bagged in the Subcommittee, and as the ranking Republican on the full Appropriations Committee, Hruska has enough clout to make good on his veiled threat. The betting is Everhardt will back down. [85]

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*The column, "Washington Grabbag" by A. J. Montgomery of the Rand News Service (serving Nebraska, Iowa, Minnesota, and South Dakota), appeared in the December 17, 1975, Scottsbluff Star-Herald.

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The basis of Hruska's fundamental difference of opinion with Everhardt involved Hruska's view of Agate Fossil Beds within the National Park System. While he conceded that Agate was not a spectacular unit—unlike Yellowstone, Grand Teton, or Glacier National Parks—he believed Agate represented a vital component "to complete the picture." Hruska did not believe Agate Fossil Beds was receiving its fair share of funding and attention, but had lost out to the "star performers" in the System. When Everhardt argued that the Bicentennial celebration required a monopoly of attention and funding, that is where Hruska drew the line. As the principal author of the bill (serving as Chairman of the Subcommittee for Celebrations and Holidays), Hruska painstakingly ensured that the Bicentennial celebration would be of a local nature and not a single national event. For example, a $100 million exposition in Philadelphia was rejected as inappropriate. Likewise, slighting Agate Fossil Beds, a Federal unit significant to the nation's prehistory, could not be justified. Nor could the monopolization of funding for correcting environmental problems be forwarded as a justification to deny funding to local projects like Agate. [86]

In a briefing statement prepared for the Everhardt-Hruska meeting, Midwest Regional Director Merrill D. Beal rehashed all the old arguments and stated the bottom line: "While the Service has not been able to develop Agate Fossil Beds in the way which we would have liked, nonetheless (1) we have acquired the essential lands, (2) the resource is being protected and (3) the visitor is being served." [87]

The December 17 meeting did see Director Gary Everhardt change his position. Roman Hruska announced that the Park Service was beginning work immediately on a new master plan and public hearings would commence in the spring. Everhardt agreed to present the Senator with a construction timetable for a visitor center, headquarters and residences "as soon as possible." Hruska declared to reporters, "I think this is a sign that the 10 years of neglect of this area by the Park Service has ended." [88]

In essence, Hruska had indeed won a major battle, but the war of attrition would ultimately outlast his waning Senate term.

In January 1976, Service officials announced the first step was to initiate an environmental assessment to be completed by March. If any significant impacts were discovered which necessitated a full environmental impact statement, a full year would then be required to complete the master plan and development proposals. [89]

In March, the Midwest Regional Office submitted a briefing statement answering questions raised by Senator Hruska. The budget for Agate Fossil Beds in Fiscal Year 1977 allocated $48,200 for operations and maintenance, an increase of $1,700 over Fiscal Year 1976, plus $30,000 in advance planning funds for development concept plans and comprehensive design for a visitor center, and $20,000 for an interpretive prospectus. If the environmental assessment identified no adverse effects, funds for construction drawings and specifications would follow in Fiscal Year 1978, and construction in Fiscal Year 1979. [90]

While the environmental assessment required additional time, Harpers Ferry Center made progress in comprehensive design. By mid-May, review of plans and drawings began, followed by a meeting in Omaha on May 27. The comprehensive design plan included new plexiglass fossil protection cases and interpretive graphics, wayside exhibit for the Red Cloud Campsite, rehabilitation of the visitor center trailer, and area for full-scale fiberglass depictions of Morupus, Diceratherium, Dinohyus, and Stenomylus. [91]

Ominously, funding for the Development Concept Plan/Comprehensive Design did not make the Fiscal Year 1977 program. In light of this, on August 20, the Midwest Regional Office provided the Director with an update on development plans for Senator Hruska. Each alternate location for permanent facilities presented environmental problems requiring additional definition and resolution. Foremost was the need to determine the extent and significance of the archeological site at the existing interim development, which was believed to be associated with the Dismal River Apache culture. The Midwest Archeological Center would determine the extent and importance of the cultural site. The timetable submitted in January was already askew. Instead of March, the environmental assessment did not undergo public review until the end of September. [92]

Midwest Regional Office personnel attempted to have Agate Fossil Beds historic resources listed on the National Register of Historic Places during the year. As early as 1972, the nomination process began for the Harold J. Cook Homestead Cabin ("Bone Cabin"), and 1976 revisions to the nomination were accomplished by Architectural Historian (Engineer) Richard I. Ortega. National Register recognition for the Bone Cabin finally came on August 24, 1977. [93] A National Register inventory/nomination for the Agate Springs Ranch, originally prepared by Roy W. Weaver, languished for over a decade in draft form because the property was not under the jurisdiction of the National Park Service and could not, therefore, be nominated by the Service. With ranch headquarters ownership unlikely in the near future, Regional Historian David A. Clary recommended the form be sent to the Nebraska State Historical Society in order for that agency to nominate the historic Agate Springs Ranch to the National Register of Historic Places. [94]

October 1976 marked the first anniversary of Senator Hruska's public offensive to speed National Park Service development at Agate Fossil Beds National Monument. The Lincoln Sunday Journal and Star commemorated the occasion in a critical investigative report. The October 10 article noted the Service spent an estimated $872,000 since 1962, with only $219,000 allocated for interim facilities, roads, and trails. The report highlighted the disparity in visitation figures: predicted in 1965 to reach 120,000 to 200,000 in ten years, the monument experienced a peak of slightly more than 11,000 in 1975. The "Catch 22 of Agate" was also defined: "The National Park Service won't give more money to Agate because visitor turnout has been small. And more people won't visit Agate until the Park Service allocates more money to provide adequate facilities." Most importantly, the article cited the outcome of the November general election as the principal determinant of Agate's future. Not only was Senator Hruska retiring, but President Gerald R. Ford's proposed ten-year Bicentennial Land Heritage program, which included $637,000 for planning and construction of the Agate Fossil Beds visitor center, was in jeopardy if the incumbent lost to Jimmy Carter. [95]