LEGISLATION FOR PARK ESTABLISHMENT

Stimulated in part by various individuals and groups, the South Dakota

Legislature in 1909 petitioned the federal government to establish a

township of Badlands as a national park. As read before both houses of

Congress on March 16, 1909, the petition stated in part:

Whereas there is a small section of country about the headwaters of

the White River in South Dakota where nature has carved the surface of

the earth into most unique and interesting forms, and has exposed to

an extent perhaps not elsewhere found; and

Whereas this formation is so unique, picturesque, and valuable for the

purpose of study that a portion of it should be retained in its native

state....[69]

However, no legislation was introduced on the proposal until more than a

decade later.

A 1919 report by the U.S. Forest Service recommended that the Badlands

area be set aside as a national park. The report also recorded

considerable tourist travel to the Badlands. “The travel this year was

several hundred times greater than in any former year....” Many visitors

came over state route 40 (the Washington Highway) which connects the

towns of Interior and Scenic with Rapid City. This road was under

construction in 1919 and followed, more or less, the Chicago, Milwaukee

and St. Paul Railroad. Visitors also came on passenger trains.[70]

However, accessibility to the scenic sections of the Badlands Wall from

the Washington Highway were already being closed in 1919 by the

construction of fences, except for a few low passes in the wall where

side roads had been constructed. The Washington Highway and the railroad

are both located two to six miles from the most picturesque Badlands

features. The same report recommended that a road be built “along the

course of the scenic points of interest” and that campgrounds should be

constructed “at well chosen camp sites.”[71] (Such a road was completed

16 years later by the State of South Dakota; see page 43).

While other individuals and organizations played an important part in

the establishment of Badlands National Monument, Senator Peter Norbeck

deserves more credit than any other legislator. Norbeck was born on a

farm in Clay County in southeastern South Dakota, August 27, 1870, and

was the son of a member of the 1871 Dakota Territorial Legislature. His

public career began when he was elected to the state senate in 1908 and

he served there until 1915. In 1914 Norbeck was voted

lieutenant-governor of the state, and was elected governor in 1916 and

1918. His achievements as governor were many, including the founding of

a state-enterprise program designed to help farmers. Another of his

great accomplishments was the establishment of Custer State Park.

In 1920 Norbeck was elected to the United States Senate where he served

continuously until his death in 1936. Although his chief interest was in

farm-relief legislation, he was instrumental in passing the Migratory

Bird Act of 1929 and in securing federal funds for the carving of Mount

Rushmore National Memorial.[72]

South Dakota’s congressmen, William Williamson from Oacoma and Charles

A. Christopherson from Sioux Falls, assisted Norbeck by their work in

the U.S. House of Representatives. Christopherson’s services in the

House began in 1919, Williamson’s in 1921.[73]

[Illustration: Figure 13 EARLY ROAD THROUGH

CEDAR PASS, 1908 or earlier]

On May 2, 1922, during the second session of the 67th Congress, Senator

Norbeck introduced the first bill (S. 3541) for making the Badlands area

a national park. Entitled “A bill to establish the Wonderland National

Park in the State of South Dakota,” it proposed to set aside and

withdraw from entry “all public lands lying and being within townships

two and three south, ranges fifteen and sixteen east of the Black Hills

meridian, and township three south, ranges seventeen, eighteen, and

nineteen east of the Black Hills meridian.”[74] The proposal provided

that the Secretary of the Interior might add to the park from time to

time any lands which may be donated to the United States for such

purposes. It also stated that the Secretary of the Interior may

authorize exchange of non-federal lands in the park for certain public

lands of equal value outside the park. Finally, the bill provided that a

sum not exceeding $5,000 annually be appropriated by Congress for the

maintenance and improvement of the park, if the State of South Dakota

made an equal contribution. After the bill was read, it was referred to

the Committee of Public Lands and Surveys.[75]

On the same day, Congressman Williamson introduced a bill (H.R. 11514)

in the House of Representatives, identical to the first one submitted by

Norbeck in the Senate. This bill was referred to the Committee on the

Public Lands and ordered to be printed.[76] No further action was taken

on either the Norbeck or Williamson bills in the 67th Congress.

However, in October 1922 President Harding issued an executive order

temporarily withdrawing all public lands in the seven townships to be

included in the proposed park for the purpose of classifying them

“pending enactment of appropriate legislation.”[77] The total area

within the seven townships was about 161,000 acres, of which 35,410 were

classified as vacant.[78]

On March 3, 1923, Congressmen Christopherson and Williamson presented

memorials from “the Legislature of the State of South Dakota urging

Congress to set aside the Bad Lands as a national park....”[79]

In December 1923, in the 68th Congress, Williamson again introduced a

bill (H.R. 2810) to establish Wonderland National Park. This proposal

was identical to the one he and Norbeck introduced in the preceding

Congress.[80] Like the earlier bill it, too, died in committee.

If the Norbeck papers, now at the University of South Dakota, are any

indication of the public support the Senator received for his park

proposal, only a few people in the early 1920’s shared his views.

Attorney General Byron S. Payne of South Dakota, Professor W.C.

Toepelman of the University of South Dakota Geology Department, and W.H.

Tompkins of the U.S. Land Office in Rapid City, all endorsed the

Wonderland National Park proposal.[81] However, at that time the

highways were relatively undeveloped. The automobile industry and

tourism were both in their infancies. It was to take nearly another

decade to gain the support of local and state chambers of commerce and

other promotional groups for national parks and monuments.

It appears that the National Park Service did not give Norbeck

encouragement for his idea of a national park in the Badlands. In a

letter to a constituent in May 1924, the Senator wrote:

... regarding the Bad Lands National Park, [I] will state that the

Park Service here will not approve a bill of that kind,—and therefore,

we can not secure the legislation. They are, however, willing to

approve the plan of having it designated by the President as a

“National Monument”. In practice, this means nearly the same thing, so

Congressman Williamson and I have come to an agreement that we are

going to accept that plan and work it out that way.[82]

Nevertheless, Norbeck continued to work for a national park instead of a

national monument.

To insure that he would include the most scenic parts of the region in

the proposed park, Norbeck made frequent trips there. In answer to a

constituent’s letter, he wrote in November 1927, “I have visited the Bad

Lands every year for sixteen years. A year ago I spent four or five days

in them and this year I have made five trips into that area.”[84] During

1927 a number of eastern newspapers carried photographs of the Badlands

in their Sunday photo sections.[85]

[Illustration: Figure 14 VAMPIRE PEAK, 1930’s

Located near the present national monument visitor center, the peak

has since lost its spires to erosion. According to local tradition

the presence of bats around the formation caused J.I. Peterkin, a

traveling artist, to give it this name around 1915.[83]]

In the late 1920’s Badlands visitors who arrived from the east via

Kadoka or Cottonwood probably used Cedar Pass. The narrow and

precipitous route through Cedar Pass was aptly described by one of those

early visitors:

The passes become more crooked and the grades more steep. The road is

bordered by profuse scrub cedar trees. There is a thrill in that

drive! At first it looks dangerous, but the danger seems to minimize

as we approach each more steep and more crooked and more narrow

section. By taking it slowly the risk is small.[86]

The route passed the new Cedar Pass Camp (now Cedar Pass Lodge) and took

visitors to the railroad town of Interior where they may have spent some

time at Palmer’s Curio shop and at Henry Thompson’s souvenir stand which

he called “The Wonderland.” From Interior visitors traveled west over

the Washington Highway to the railroad town of Scenic. In the late

1920’s the Museum Filling Station in Scenic was widely known for its

collection of Badlands fossils and Indian artifacts. They also provided

guide services to visitors desiring to see Badlands features located off

the road. Rapid City was reached by traveling northwest over 45 miles of

good dirt road—except during rains.[87]

Support for the park proposal grew in the late 1920’s. In October 1927

the Wonderland Hiway Association, in a letter to Senator Norbeck, wrote:

At a meeting of the Wonderland Hiway Association, an orgization [sic]

comprising the business men and local residenters [sic] of the Towns

through the Bad Lands, It was resolved; That the Association would ask

and petition the State Hiway Commission ... for a State Hiway,

Starting from Kadoka, West over Cedar Pass to Interior, S. Dak. West

through The Bad Lands to Scenic over Hiway #40 and from Scenic to

Hermosa, S. Dak., Providing a sutable [sic] location can be found.[88]

The State Highway Commission gave the proposal its wholehearted

support.[89]

The National Park Service, however, continued to oppose the area as a

national park on two grounds. For one thing much of the land was in

private ownership. Senator Norbeck explained in a 1927 letter:

The Park program is not as easy as it seems on account of so much of

the land having gone into Private ownership. The Federal Government

will not purchase land for park purposes. They never have. The State

must and that will come slow.[90]

In the second place, the National Park Service believed that the area

was more suitable as a national monument. The Senator continued in the

same letter:

The Park Service is opposed to making it a National Park as they try

to limit the Parks to the areas that are principally recreational.

They would favor a plan to make the Bad Lands a “National

Monument.”[91]

Despite the objections of the Service to the Senator’s park proposal,

Norbeck’s continued desire for a national park in the Badlands was

stated in a letter written in November 1927 to Hubert Work, Secretary of

the Interior:

The Congressional delegation from this state will be united in an

effort to create a Bad Lands National Park in South Dakota. If this is

impossible they will desire to have certain areas set aside as

national monuments.[92]

In April 1928 Norbeck wrote Representative Williamson asking him to help

draft a bill for the park. The first part of the bill, Norbeck

indicated, would “include the Badlands Wall proper, from a point about 4

miles east of Interior to a point 12 or 14 miles southwest of Wall.”[93]

The establishment of the park would be contingent on the building of a

road by the State through the proposed area and the State acquiring 90

percent of the privately owned lands within it. The second part of the

bill would authorize a national monument which would include Sheep

Mountain and the surrounding area, some six to seven miles southwest of

Scenic. The authorization of this area would be conditional upon the

construction of a highway from Scenic to the Pine Ridge Indian

Reservation and acquisition of the lands within the proposed monument by

the State of South Dakota. The third portion of the bill would authorize

the abandonment of Wind Cave National Park![94]

The bills as finally presented to Congress by Norbeck and Williamson

were somewhat different from the one which the Senator planned.

During the first session of the 70th Congress, Norbeck and Williamson

introduced identical legislation in their respective houses on May 8,

1928, to set aside the Badlands as a national park. Norbeck introduced

S. 4385, “A Bill To establish Teton National Park in the State of South

Dakota....” The bill authorized the Secretary of the Interior, through

negotiation, to exchange privately owned lands within the proposed park

for public lands of equal value outside. The bill contained a provision

that when 90 percent of the privately owned lands within the proposed

area had been acquired without expense to the federal treasury and

transferred to the government for park purposes, the park would be set

aside for the people, “... Provided, That the State of South Dakota

shall have first constructed” approximately 40 miles of suitable road to

specified points inside and outside the proposed park.[95]

[Illustration: Figure 15 SENATOR PETER NORBECK

(1870-1936)]

Norbeck’s bill was referred to the Committee on Public Lands and

Surveys. On May 19 the bill was reported out without amendment. The

accompanying report (No. 1246) gave a strong endorsement to the

proposal.[96] On May 23, the bill was considered as in Committee of the

Whole and passed the Senate.[97]

However, in the House where Williamson had introduced an identical bill

(H.R. 13618), the park proposal ran into trouble. In a circular letter

dated November 7, 1928, the National Parks Association claimed that the

proposed Teton National Park had not been examined for standards by the

National Park Service before the Senate acted on the proposal and that

the bill was hurried through that body. Asserting that the proposed area

was reported below standard by the National Park Service, the

association charged:

Neither of these Senators [Norbeck and Nye], nor the Public Lands

Committee which reported the bill and resolution, nor the Senate

sessions which carelessly passed them, discussed the national aspects

of this legislation. They did not consider the plan and standards of

the national system which Congress had been building unit by unit,

each painstakingly chosen, since 1872. They ignored the half century

Congressional custom of awaiting the report of the Interior

Department, to which Congress had entrusted the System’s shaping from

the beginning. They ignored the American people’s enthusiastic

interest in the plan and purpose of this unique world-famous

institution, and its insistence in recent years upon park selection by

the expert National Park Service....

Thoughtlessness, apparently, but in practice this amounts to localism

defying national aspirations. It seriously threatens national park

standards.[98]

[Illustration: Figure 16 BEN MILLARD (1872-1956)]

In a letter to Robert S. Yard, Executive Secretary of the association,

Senator Norbeck accused the association of sending out a misleading

report:

You criticise me for introducing and securing action in the Senate on

a bill fifteen days after it was introduced and especially in view of

the fact that it had not been investigated by the National Park

Service.

You could truthfully have said that this legislation has been pending

for a great many years—at least five years.

You could also have said that I have been trying all these years to

get the Park Service to investigate the proposed area.

You could also have added that the Government land in this area was

withdrawn by Presidential Proclamation many years ago in anticipation

of park legislation. Why carry the idea that it was all a fifteen day

affair when it is all of five years? It would be a hard rule to apply

that the failure of the Park Service to investigate an important

project should preclude a member of Congress from taking any action

whatever....

You also state that the project has been investigated by the Park

Service and reported adversely. It is an astonishing fact that the

knowledge of such reports should be withheld from me. Therefore, I

doubt very much that any report has been made. I therefore wired the

Park Service, asking who made the report and when. I have no

response.[99]

Acting Director Arthur E. Demaray of the National Park Service,

meanwhile, wrote Norbeck advising him that the Service had never

prepared an official report on the park proposal and that the statement

by the association that the proposed park was “reported below standard

by the National Park Service” was without authority.[100]

In the House of Representatives where the proposal was considered in the

second session, the bill (S. 4385) underwent substantial revision. After

being considered by the Committee on the Public Lands, it was reported

out with amendments on February 19, 1929.[101] The revised bill changed

the boundary of the proposed area, reducing it from 69,120 acres to

about 50,760 acres[102] (50,830 acres according to another source[103]).

The name was changed from Teton National Park to Badlands National

Monument. It modified the requirements for the road which the state had

to construct from 40 miles to 30 miles of total length. The requirement

that 90 percent of the privately owned lands had to be acquired before

the park could be established was dropped. Instead, it was now at the

discretion of the Secretary of the Interior to decide when enough

privately owned lands within the proposed boundary had been purchased so

that the area could be proclaimed a national monument by the President.

As before, the bill stipulated that the lands would have to be acquired

without cost to the federal treasury. The amended bill had a new

provision that the Department of the Interior could grant hotel and

lodge franchises in advance of the fulfillment of the conditions.[104]

The amended bill was considered by the Committee of the Whole House on

February 25, six days after the Committee on the Public Lands had acted

on it. Two additional amendments were offered on the floor of the House

and were accepted. The idea that the Secretary of the Interior could

decide when enough privately owned land had been purchased so that the

area could be proclaimed as a national monument was dropped in favor of

requiring all privately owned land within the proposed boundary be

purchased before the area could be established. The provision giving the

Department of the Interior authority to grant franchises in advance of

the establishment of the national monument was also deleted. This

amended form passed the House of Representatives on the same day,

February 25.[105]

When the House act was referred to the Senate on the next day, Norbeck

asked his colleagues not to concur with the amended proposal. He asked

instead that the modified bill be considered in a conference committee

of the House and Senate.[106] On March 2, the conference committee

recommended that the two amendments that were attached to the bill on

the floor of the House on February 25 be dropped, returning the bill to

the form it had when it was originally reported out on February 19.[107]

On the same day, March 2, the final bill was passed by both houses.[108]

Known as Public Law No. 1021, the act authorizing Badlands National

Monument was approved by President Calvin Coolidge on March 4, 1929. The

signing of the act took place on the last day of Coolidge’s term as

President of the United States.[109]

The area authorized under this act (45 Stat. 1553) included 50,830.40

acres; of this amount, 39,893.85 acres were in the public domain. The

remainder was state land or privately owned land.[110]

It is interesting to note that Senator Norbeck introduced a new bill (S.

5779) to establish Badlands National Monument on February 11, 1929. It

was identical with the House amendments proposed for S. 4385 which were

later reported out by the Committee on the Public Lands on February 19.

The new bill, after being referred to the Committee on Public Lands and

Surveys, was returned on February 20 with Senate Report 1842.[111]

Meanwhile, Williamson introduced H. 17102 in the House, which was

identical to S. 5779; it was referred to the Committee on the Public

Lands.[112] Both of these bills died without further consideration.

[Illustration: Figure 17 THE PINNACLES

CONCESSION

Operating since about 1935, this development was run on a seasonal

basis. It offered summer visitors a few accommodations, souvenirs,

refreshments, and gasoline until abandoned in 1950. The buildings

were removed shortly afterward.[118]]

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