Capitol Reef Administrative History

CHAPTER 17:
STATE LANDS AND POST-PARK PRIVATE LANDS (continued)

REFERENCES

Books And Department Of Interior Documents And Publications

Gilbert, Cathy A., and McKoy, Kathleen L. "Cultural Landscape Report: Fruita Rural Historic District, Capitol Reef National Park." Draft prepared for National Park Service, Rocky Mountain Region, Cultural Resources Division, July 1993.

National Park Service. "Capitol Reef National Park: Statement for Management." 1984, 1987, 1989, 1993 (Draft).

O'Bannon, Patrick W. "Capitol Reef National Park: A Historic Resource Study." Prepared by John Milner Associates, Inc., Philadelphia, under contract for National Park Service, Rocky Mountain Regional Office, Denver, 1992.

"Proposed Wilderness, Capitol Reef National Park Utah: Draft Environmental Statement," National Park Service, Denver Service Center, 1974.

White, Richard. "It's Your Misfortune and None of My Own": A History of the American West. Norman: University of Oklahoma Press, 1991.

Newspapers

High Country News. 18 July 1988, 25 July 1994.

Salt Lake Tribune. 22 November 1955, 5 January 1988.

Other Federal Records

Code of Federal Regulations. Vol. 3 (1954-1958 Compilation):160.

Congressional Record. Washington, D.C., 1969-1993

U.S. House Committee on Interior and Insular Affairs, Subcommittee on National Parks and Public Lands. To Exchange Lands Within The State of Utah. 102nd Cong., 2nd sess., 1992. Serial No. 102-97.

U.S. Senate Committee on Interior and Insular Affairs. "Establishing the Capitol Reef National Park in the State of Utah." 91st Cong., 2nd Sess., 1970. Senate Report 91-989.

U.S. Statutes at Large. 28(1894): 107; 50(1937):1856; 85(1971): 739-740; 107(1993):95.

Archives

Capitol Reef National Park, Torrey, Utah:

Active Superintendent's Files
Historic Superintendent's Files
Capitol Reef National Park Archives
Resource Management Files

Lyndon B. Johnson Library, Austin, Texas:

Dorothy Territo Staff Files
Office of President Files, Box 12. "Udall-National Monument."

National Archives - Rocky Mountain Region, Denver, Colorado

Record Group 79 - Records of the National Park Service Accessions:

79-60A-354
79-67A-505
79-73A-136

National Archives - Suitland, Maryland

Record Group 49: Records of the U. S. Grazing Service
Administrative Records 1935-1946

Interviews

Bullard, Billie. (Rancher, Floral Ranch) Interview with Bradford Frye. Tape recording, 30 January 1991. Capitol Reef Archives.

Knee, Lurton. (Tour Operator, Sleeping Rainbow Ranch) Interview with Bradford Frye. Tape recording, 18 September 1992. Capitol Reef Archives and Marriott Library Special Collections, University of Utah, Salt Lake City, Utah.

Lundy, Charles V. (Superintendent, Capitol Reef National Park) Telephone interview with Bradford Frye. Tape recording, 29 July 1994. Administrative History Files and Notes, Capitol Reef Unprocessed Archives.

Young, Richard A. Telephone interview with Bradford Frye. Notes, 21 September 1994, Administrative History Files and Notes, Capitol Reef Unprocessed Archives.

FOOTNOTES

¹ The author thanks Richard A. Young, Rocky Mountain Region Chief of Land Resources, for his help in filling in some of the gaps in these complicated land transactions and for correcting information from earlier drafts.

² See Chapters 5, 7, 13, and 14. Also see Patrick W. O'Bannon, "Capitol Reef National Park: A Historic Resource Study," prepared under contract for the National Park Service, Rocky Mountain Region, June 1992, and Cathy A. Gilbert and Kathleen L. McKoy, "Cultural Landscape Report: Fruita Rural Historic District, Capitol Reef National Park," draft prepared for National Park Service, Rocky Mountain Regional Office, Denver, July 1993.

³ Richard White, "It's Your Misfortune and None of My Own": A History of the American West (Norman: University of Oklahoma Press, 1991), 137-138.

⁴ Act of 16 July 1894, U.S. Statutes at Large 28 (1894):107.

⁵ In 1930, there were 23 million acres of federal lands in Utah, of which 11.5 million had yet to be surveyed - "Activities of the General Land Office in Various States," 28 September 1930, Box 12, Entry 992, Letters to Secretary of Interior, 1 July 1930-31 December 1937, Records of the U.S. Grazing Service, Administrative Records 1935-1946, Record Group 49, National Archives, Suitland, Maryland, 9.

⁶ O. P. DeJulio, Acting State Director, Bureau of Land Management, to Superintendent Krueger, 5 April 1962, File L1425, Accession 79-67A-505, Container 342490, Box 1, Records of the National Park Service, Record Group 79 (RG 79), National Archives - Rocky Mountain Region, Denver, Colorado (all RG 79 records from this repository unless otherwise stated); also see File L1425, Capitol Reef National Park Historic Superintendent's Files.

⁷ Toll to National Park Service Director, 8 November 1932, Box 1, Folder 1, Capitol Reef National Park Archives.

⁸ Toll to NPS Director, 13 April 1934, Box 1, Folder 1, Capitol Reef National Park Archives, 2-3, 9.

⁹ Preston P. Patraw, "Proposed Wayne Wonderland (Capitol Reef) National Monument," 3 August 1935, Box 1, Folder 2, Capitol Reef National Park Archives, 4. See Chapter 8 for more details on the various boundary proposals.

¹⁰ Presidential Proclamation, "Capitol Reef National Monument, Proclamation 2246," U.S. Statutes at Large, 50 (2 August 1937):1856.

¹¹ Ibid.; "Development Outline for Capitol Reef National Monument," 1 March 1938, File CR-600-01, Accession 79-60A-354, Container 63180, Box 2, RG 79, 1. Another small parcel of a state section, T29 R7E S16 (north of Utah 24's right-of-way as it descended down into Fruita) was also not known to be within the monument at this time.

The history of the county-owned land north of Pleasant Creek has not been researched, although on-site evidence indicates it was used for grazing. The county land was within T30S R7E S20, which apparently had been added to state-owned lands in 1910. (H. Bryon Mock, Regional Administrator, Bureau of Land Management to Acting Regional Director Hugh M. Miller, 29 May 1953, File L1425-Utah 51-74, Capitol Reef Historic Superintendent's Files). This parcel was purchased by the Zion Natural History Association and donated to the National Park Service in May, 1969 (Master Deed Listing, 19 April 1993, File L1429, Capitol Reef Superintendent's Files).

¹² "Development Outline for Capitol Reef National Monument," January 1943, File CR-600-01, 79-60A-354, Box 2, RG 79, 8.

¹³ Fagergren to Zion Superintendent, 23 February 1950, File CR-600, Ibid. Capitol Reef was under Zion's jurisdiction from 1937 to 1960, except during a brief period in the 1950s.

¹⁴ Kelly to Zion Superintendent, 20 September 1951, Ibid. This was foresight on Kelly's part, as it was on this section that Clair Bird built his gas station in the 1960s and began a flagstone mining operation in the early 1970s.

¹⁵ Smith to Kelly, 24 September 1951, Ibid.

¹⁶ Smith to Regional Director, 24 September 1951, Ibid.

¹⁷ Patraw to BLM Regional Administrator, 28 September 1951, Ibid.

¹⁸ Mock to Patraw, 25 October 1951, Ibid.

¹⁹ Mock to Hugh M. Miller, 29 May 1953, File L1415, Accession 79-67A-337, Container 919498, Box 1, RG 79.

²⁰ Superintendent's Monthly Report, February 1954, Box 4, Folder 3, Capitol Reef National Park Archives.

²¹ Further correspondence and court records related to La Fortuna Mining Company and its Yellow Canary Claim do not mention the land as state-owned. See Chapter 15, Mining.

²² Zion Superintendent Paul R. Franke to Regional Director, 20 April 1954, File L1415-Utah 51-74, Capitol Reef Historic Superintendent's Files.

²³ Franke to D. H. Whittenburg, Chairman, Utah State Land Board, 25 November 1955, Ibid.; Salt Lake Tribune, 22 November 1955.

²⁴ Presidential Proclamation, "Enlarging The Capitol Reef National Monument, Utah, Proclamation #3249," 3 C.F.R. 160 (1954-1958 Compilation); see Chapter 9.

²⁵ O. P. DeJulio, Acting State Director, Bureau of Land Management, to Capitol Reef Superintendent, 5 April 1962, File L1425-Utah 51-74, Capitol Reef Historic Superintendent's Files. This is the only reference found in National Park Service records relating to this potential exchange. The Utah BLM and state records may contain more information.

²⁶ Max C. Gardner, Director, State Land Board, to Harry P. Linder, Capitol Reef Superintendent, 23 January 1967, File L1425-Utah 51-74, Capitol Reef Historic Superintendent's Files.

²⁷ Ibid.; "Agreement between the Bureau of Land Management and Joe Hickman," 2 March 1967, Ibid. Unfortunately there is no copy of the actual transfer agreement in the Capitol Reef files. A copy, if available, should be acquired from the State Land Office.

²⁸ "Notification of Closing," 30 March 1976, File L1425-Utah 74-77, Capitol Reef Historic Superintendent's Files.

²⁹ See L1425-Bird files, Capitol Reef Historic Superintendent's Files. A summary of the events related to the Bird leases on Section 16 is found in Chapter 15, Mining and Related Encroachments.

³⁰ See staff files of Dorothy Territo, Office of President File, "Udall-National Monument," Lyndon B. Johnson Library, Austin, Texas, photocopies in Administrative History files and notes, Capitol Reef Unprocessed Archives. See Chapter 10 for more details on Secretary of Interior Stewart Udall's efforts to double the National Park Service lands from July 1968 to January 1969.

³¹ For examples see the newspaper clippings in Box 8, folders 3-5, Capitol Reef National Park Archives; also see Congressional Record, 91st Cong., 1st sess., 1969, 115:2402-2405.

³² Fred J. Russell, Under Secretary of Interior, to Senator Henry M. Jackson, Chairman, Committee on Interior and Insular Affairs, in "Establishing The Capitol Reef National Park in the State of Utah," Senate Report 91-989, 91st Cong., 2nd Sess., 1970, 3.

The final "stair-stepped" boundaries of Capitol Reef National Park were sometimes drawn around state sections and at other times included them. The decisions seemed more to do with other factors than just whether or not the land was a state school trust section.

³³ P.L. 92-207, U.S. Statutes at Large, 85 (1971):739.

³⁴ Philip O. Stewart, Chief, Division of Land and Water Rights, to Chief, Office of Land and Water Rights, SSC, 10 April 1969, File L1425-Utah 51-74, Capitol Reef Historic Superintendent's Files.

³⁵ Speed, "Briefing Statement of Area Problems: State Sections Within the Park," 28 September 1971, File A6435, Accession 79-73A-136, Box 1, RG 79.

³⁶ List of State Grazing Leases, 19 August 1982, Grazing Management Files-State Leases, Capitol Reef Resource Management Files. Also see Chapter 1, Grazing History.

³⁷ See Thomas J. Allen, Regional Director, to NPS Director, 10 August 1962, File L1425-Utah 51-74, Capitol Reef Historic Superintendent's Files.

³⁸ "Proposed Wilderness, Capitol Reef National Park, Utah: Draft Environmental Statement," National Park Service, Denver Service Center, June 1974, 35. Also see detailed revision of all non-federal land tracts as of 1974 in Garrison to Chief, Division of Land Acquisition, 29 July 1974, File L1425-Utah 74-77, Capitol Reef Historic Superintendent's Files.

³⁹ "Capitol Reef National Park: Statement for Management," December 1984, 14.

⁴⁰ High Country News, 18 July 1988; House, Committee on Interior and Insular Affairs, Subcommittee on National Parks and Public Lands, To Exchange Lands within The State of Utah: Hearings on H.R. 1808/S. 807, H.R. 5118, H.R. 4769, H.R. 4770, S. 1183. 102 Cong., 2nd sess., 16 June 1992, 32-33.

⁴¹ Ibid.

⁴² "Capitol Reef National Park: Statement for Management," July 1987, 28.

⁴³ Salt Lake Tribune, 5 January 1988; see Chapter 16, Roads, Trails and Utilities.

⁴⁴ See Superintendent's Annual Narrative Reports, 1987-1990, File A2621, Capitol Reef Superintendent's Files; Charles V. Lundy, Capitol Reef Superintendent, telephone interview with Bradford Frye, 29 July 1994, tape on file with Administrative History files and notes, Capitol Reef Unprocessed Archives.

⁴⁵ High Country News, 18 July 1988; Subcommittee Hearings, 16 June 1992, 33.

⁴⁶ Subcommittee Hearings, 8-34.

⁴⁷ Ibid., 34.

⁴⁸ Ibid., 190.

⁴⁹ Ibid., 36.

⁵⁰ Subcommittee Hearings, 16 June 1992, 189-190.

⁵¹ Ibid., 74-75.

⁵² Ibid.

⁵³ Ibid., 187-188.

⁵⁴ P.L. 103-93, U.S. Statutes at Large, 107 (1993):95.

⁵⁵ High Country News, 25 July 1994; Richard A. Young, Chief, Land Resources Division, Rocky Mountain Region, telephone interview with Bradford Frye, 21 September 1994, notes on file in Administrative History files and notes, Capitol Reef Unprocessed Archives.

⁵⁶ Ibid.; Charles Lundy, telephone interview, 29 July 1994; Richard Young, telephone interview.

⁵⁷ "Master Deed Listing; Status of Lands as of 31 March 1993," File L1429-Land Records, Capitol Reef Superintendent's Files.

⁵⁸ Tract 158-01-113, "Program Tract Acquisition Proposal," 14 July 1971, File L1425-Morrell, Capitol Reef Historic Superintendent's Files.

⁵⁹ Morrell to State Land Office, 19 March 1972, Ibid.

⁶⁰ Garrison, "Negotiator's Progress Record," 12 May 1972, Ibid.

⁶¹ Ibid.; Warranty Deed dated 2 August 1972, Ibid. Rulen Morrell died in 1976.

⁶² P.L. 92-207.

⁶³ See Chapter 15, for details on this legislation related to purchasing Clair Bird's mineral and commercial leases and property.

⁶⁴ 1993 Master Deed Listing. Unfortunately there is not much information on the Wonderland Stages land. During the appeal for more acquisition money in 1974, it was mentioned that the Campbells intended to either develop the land or sell to someone else - possibly Clair Bird. The land was initially appraised for $29,600, but the Campbells wanted $500,000; see Lloyd L. Garrison, Reality Specialist, to Chief Division of Lands, Rocky Mountain Region, 15 March 1974, File L1429-Land Records, Capitol Reef Historic Superintendent's Files.

⁶⁵ Patrick W. O'Bannon, "Capitol Reef National Park: A Historic Resource Study," 40-41; also see Billie Bullard, interview with Bradford Frye, 30 January 1991, Capitol Reef National Park Archives.

⁶⁶ Lurton Knee, interview with Bradford Frye, 18 September 1992, Capitol Reef National Park Archives; transcript and tape also in University of Utah Library Special Collections, Salt Lake City.

⁶⁷ Ibid.; see File L1425-Knee, Capitol Reef Superintendent's Files.

⁶⁸ Lurton Knee, interview with Bradford Frye, 18 September 1992, rough draft of transcript, 54.

⁶⁹ 1993 Master Deed Listing, File L1429-Land Records, Capitol Reef Superintendent's Files.

⁷⁰ Knee, interview.

⁷¹ Ibid.; Sherman W. Swenson, Chief, Division of Land Acquisition, to John Cunningham, Brigham Young University, 8 December 1976, File L1425, Capitol Reef Superintendent's Files.

⁷² Swenson to Superintendent Frank Wallace, 1 February 1978, File 1425-Knee.

⁷³ 1993 Master Deed Listing; "Offers to Sell" and "Warranty Deeds," Ibid.

⁷⁴ See File L1425-Tanner, Capitol Reef Superintendent's Files.

⁷⁵ Richard A. Young, telephone interview, 21 September 1994.

⁷⁶ Probate #423-6, 14 October 1980, Sixth District Court of Wayne County, Loa, Utah, photocopy in File 1425-Tanner.

⁷⁷ Lloyd L. Garrison, Acting Chief, Division of Land Acquisition, to Romania Pierce Tanner and others, 18 December 1980, File L1425-Tanner.

⁷⁸ Leah P. Johnson to Garrison, 22 January 1981, Ibid. In a February 1981 letter, Lloyd L. Garrison of the Division of Land Acquisition informed Leah Johnson that it was indeed true that "funds available for the purchase of land could not be used towards a memorial." He did, however, advise that once the land was sold, the various individuals could pool and donate their money to Capitol Reef in exchange for a memorial plaque.

⁷⁹ Max Tanner to Garrison, 26 June 1989, Ibid. In a June 1988 note from Chief Ranger Noel Poe to Superintendent Martin C. Ott, Poe stated that one of the Pierce descendants had insisted that the land was really worth $20,000 instead of $2,300 offered by the National Park Service. It is unknown when the $2,300 offer, if accurate, was made.

⁸⁰ Garrison to Johnson, 23 February 1981, Ibid.

⁸¹ Regional Director to Regional Solicitor, 15 September 1989, File L1425-Gen. Correspondence, Capitol Reef Historic Superintendent's Files; Max Tanner to Lloyd Garrison, 26 June 1989, File L1425-Tanner, Capitol Reef Superintendent's Files.

⁸² Poe to Ott, 1 June 1988, File L1425-Tanner.

⁸³ Tanner to Garrison, 25 June 1989, Ibid.

⁸⁴ Tanner to Young, 28 August 1989, File L1425-Tanner.

⁸⁵ Rouse to Tanner, 29 September 1989, Ibid.