Agate Fossil Beds Administrative History

The Great Agate Fence Fight

Another controversy with the Cook heirs came to a head in mid-1976. Roots of the dispute dated back to 1967 when the park monumented the boundary between it and the Agate Springs Ranch. Employing his cartographic skills, Grayson Meade charged that the Service was denying the Cook heirs substantial acreage of grazing land owned by Agate Springs Ranch. In January 1973, following two field investigations with Grayson Meade and George Hoffman, Management Assistant Dennis Turay discovered the old boundary fence deviated to the southwest of the monument on the west property line. While Turay offered the possibility of moving the fence in spring, he took the opportunity to inform Meade that the special use permit which allowed the ranch to continue getting its water from monument land would expire April 1. Angered, Meade stated he might remove the boundary markers which were on his property. Turay reported to Harper, "I told him it would be in the best interest of all concerned to leave them until the land situation is cleared up. He was not impressed." [96]

On May 1, 1973, Turay hammered out an agreement with Grayson Meade in which each would fence one-half of the common boundary south of the county road. Surveying and fence installation commenced immediately. [97] On June 9, in the aftermath of an unfruitful meeting with Don Harper over the impending condemnation litigation, the Meades demanded that fencing activity cease because copies of surveyor's notes had not been delivered sixty days in advance of construction as required by law. The same evening, Harper ordered Turay to terminate all fencing activity and then delivered survey papers (a certificate) on June 15. [98] Two months later, Grayson Meade demanded that fence building be halted because he still did not have the surveyor's notes, only a certificate. Turay refused, and three days later, on August 23, Harper concurred with continuation of the project. The same day, laborers began removing the fence along the county road and another surveyor arrived to ensure the location of the south boundary. [99]

The acquisition settlement in January 1974 created a new fence fight. Prior to this time, verbal agreements among neighboring property owners in which both sides agreed to share expenses for erecting common boundary fences were standard. Superintendent Harper's interpretation of the settlement agreement differed from that of Robert Simmons and his clients. Harper contended that grazing would cease in the areas purchased by the Park Service by May 1, 1975; also, damages awarded to Agate Springs Ranch included damages "that took into account the landowners responsibility to fence the common boundary if they elected to continue animal grazing on their property." Harper, backed by the Omaha office, stated that continued grazing would damage fragile daemonelices and natural vegetation. He warned, "All grazing on Government land must, therefore, cease immediately." [100] Pursuit of the matter was prompted by a desire to end grazing and initial planning for an interpretive roadside pullout at the Red Cloud Campsite.

Simmons responded in July 1975 that the settlement only stated there would be no damage from grazing prior to May 1, 1975, not that grazing would terminate. He contended his clients were willing to construct and maintain "a just proportion of the division fence," [101] but the 1974 agreement did not specify that the damages awarded included the responsibility to fence the boundary if grazing on adjacent ranchland continued. [102]

On August 12, 1975, Regional Director Merrill D. Beal ruled that the Service should seek the typical fifty-fifty effort in the fence controversy, [103] and, if unsuccessful, consider funding the entire northern common boundary on land acquired from the Cook estate. Harper recommended against the later provision arguing the potential alienation of all area owners who contributed an equal share of funds for common boundary fencing. Harper appealed to Beal:

Construction of 100 percent of the fence at Agate Fossil Beds National Monument at this time without consideration will influence future fencing projects at Scotts Bluff National Monument. These fence projects at Scotts Bluff. . . begin this fall and extend for five years with "Use and occupancy" provisions. Consistency is probably quite important.

Since the Cook Estate will probably never be "friendly neighbors," and the other ranchers are not yet enemies, I recommend that we fence the north boundary at Agate, but only if the Cook Estate pays for half or if they build an equal amount of fence on the south and/or west portion of the land. The time for construction of this southern section could be extended since the area is not as critical, but it would have to be fully documented to ensure compliance. This recommendation will, I believe avoid the problems of building the fence in total. [104]

With grazing continuing unabated, Harper recommended on October 15, 1975, that the Park Service proceed with fifty percent of fence construction and resort to litigation to ensure the Cook Estate paid the remainder, plus terminated its trespass grazing. [105]

By mid-1976, the Park Service's half of the fence was up, but the Agate Springs Ranch had done nothing and trespass grazing continued. On June 22, Regional Director Merrill D. Beal asked for an opinion from the Field Solicitor, Department of Interior, Minneapolis-St. Paul. [106] On July 29, Beal told Harper that the Meades must begin constructing their share of the remaining fence within four weeks upon receipt of an official notification. Failure to do so would result in the Service contracting the fence construction and submitting a bill of collection to them. Should it go unpaid, the Service would file a civil action suit in a State of Nebraska court. [107]

The incident was an important milestone in the monument's history. The "fence fight" episode was a classic example of clashing positions, i.e. the institution of National Park Service regulations in a new park area. It was this difficult situation in which Ranger-in-Charge John Rapier found himself in the fence fight, acting as intermediary between Superintendent Don Harper and the Meades. Regional Director Beal and Superintendent Harper wanted the matter settled permanently and expeditiously. The Park Service would use any means available under the law to resolve the fence fight. The "worst-case" scenario involved the Park Service hiring men to roundup the trespass cattle and transporting them via truck to a feedlot. For the Agate Springs Ranch to reclaim its cattle, it would have to reimburse the Service for the roundup, transportation, and feedlot expenses. Meanwhile, the Federal Government would vigorously pursue its complaint action over the fence through the Nebraska court system. [108]

The Meades decried the fact that they were forced to sell the land and then fence half of it. Mrs. Meade later commented, "We thought it was rather like the people who have to dig their grave and then stand there and be shot!" [109] With local public relations already abominable, Rapier spoke out vehemently against appropriating Agate Springs Ranch cattle:

I talked long enough and hard enough against that kind of an operation as a very last resort. I didn't want to do something like that. You would wreck your relationship, not that they were great, but anything you had or any chance of improving them.... If you don't get along with the local community and local people, you can't expect any support for things you do in the future; you're not a separate entity unto yourself. If you can't deal with the ranchers you have really isolated yourself and created a lot of problems for the area. [110]

On July 31, John Rapier and Seasonal Ranger Bill Taylor personally delivered the official letter indicating the Park Service's intention to settle the matter in court. [111] Threat of appropriating cattle and legal recourse was successful. Rapier received an assurance that the fence would be built. The property fence to the west and northwest was completed by year's end. [112]

On October 19, 1976, Merrill D. Beal approved an updated version of the Statement For Management, [113] but not before Dorothy C. Meade had her chance to comment during public review. In an August 28 letter to Don Harper, she protested "several inaccuracies and misstatements contained therein,. . . distortions. . . both expressed and implied." Mrs. Meade objected to the map which encompassed the Agate Springs Ranch west of Highway 29, reference to the ranch as a cultural resource of the monument, use of "authorized boundary," and three trails she believed did not exist: Fort Laramie-Fort Robinson Trail, the Lieutenant Warren Trail, and the Indian Trail. [114] In a patient October 1 reply, Harper explained the Service's position, agreeing only to change the terminology on "authorized boundary." [115]

The interpretive pamphlets showing the ranch headquarters area within the authorized boundary were particularly irksome for the Meades. For many years they enclosed map did not specify that the area was privately owned and operated; the visiting public naturally assumed the picturesque setting was a part of the park. According to Dorothy Cook Meade, park visitors proved to be a constant problem:

We were [bothered] at first. Very much. It was because they had those pamphlets in which the green area or whatever the color was indicated that this was part of the Monument. So people drove right in, started driving their tent stakes in, and we had to go out and dislodge them. I always felt strange about it in a way because Grandfather [Cook] had always been so wonderfully welcoming, but of course those were different days, too.

It lasted probably a couple of years until my niece's husband at our request painted a sign for the gate saying private property—"Agate Springs Ranch Private Property"—which has kind of an ugly look to it. We hated that, but we thought perhaps a few people would get the message and it did seem to taper it off. [116]

In mid-November, Superintendent Harper released to the media results of an archeological survey by the Midwest Archeological Center. The survey indicated that the site in the interim developed area lacked significance, and was therefore ineligible for nomination to the National Register. Harper also announced permanent facilities could and would be placed in this area, [117] north of the Niobrara River and within sight of the Fossil Hills.