Effigy Mounds Administrative History

The 100-Acre Ferguson Tract

In 1953, a Mr. [?] Pierce of northeastern Iowa offered to donate to the National Park Service the roughly 100 acres north of the tract donated by the garden club, but the Park Service refused the offer, probably because it would have been an isolated tract. Pierce then informed Superintendent Berrett that he would either give nor sell his property to the United States for at least two years; whether because of pique or an agreement Pierce made with a logging company is unclear. In 1954, Berrett learned Pierce had sold the property to the Northeast Tie and Lumber Company, owned by A.B. Ferguson of northeastern Iowa. Berrett contacted Ferguson shortly there after. Northeast Tie and Lumber's office manager told Berrett that Ferguson was willing to sell the acreage in question to the Park Service, and even agreed not to log it for a year pending an agreement, but was not available to discuss a price for it then. Unidentified sources suggested to Berrett that Ferguson probably would accept an offer of fifteen dollars per acre. [20]

With the acquisition of Founder's Pond in 1955, the so—called Ferguson Tract would no longer be an isolated segment as it had been when offered by Pierce in 1953. Indeed, it was now a much—coveted area. In November 1955, Regional Director Howard Baker suggested to National Park Service Director Conrad Wirth (who had known Louise Parker for a number of years) that the Garden Club might buy and donate to the monument the additional 100 acres straddling the Yellow River, or perhaps contribute to the purchase on a matching funds basis. Director Wirth had no objection to approaching Mrs. Parker on the matter, but reminded Baker of the narrow restrictions on the use of appropriated and matching funds for land acquisition. [21] Baker left the decision concerning the advisability of approaching Louise Parker up to Superintendent Berrett.

Berrett decided against it. He was afraid Congress might not approve the boundary change authorizing inclusion of the Ferguson tract as part of the national monument, and felt it would be a great embarrassment to himself, personally, and to the National Park Service if the Founders' Club purchased the land and the Service was not able to accept it. The club had already purchased the pond, which the Service had accepted subject to congressional approval of the needed boundary change. Berrett was not anxious to have the Founders' Club assist in acquiring the Ferguson tract until he was certain the Service was authorized to accept it. [22]

Director Wirth visited Effigy Mounds National Monument in September 1957. Shortly thereafter he solicited the introduction of legislation to adjust the boundaries of the monument to include the Ferguson property. Wirth directed Baker to acquire the tract as soon as possible and not to wait until the boundary adjustment was authorized. Again, Wirth suggested the Des Moines Founders' Garden Club might be willing to secure the tract for the Park Service. Based on Berrett's sources, the National Park Service estimated that $2000 was needed to acquire the land. [23]

Figure 12: Tract donated by the Des Moines Founders' Garden Club, 1955.

Superintendent Berrett thereupon approached Louise Parker to ask the Garden Club to purchase the land, then donate or sell it to the National Park Service. The club did not meet again until January 1958, but Mrs. Parker was so much interested in the addition that she proposed approaching the Iowa Conservation Commission immediately about buying the property for donation to the Park Service. If the commission could not or would not make the purchase, the Des Moines Founders' Garden Club would take up the proposal at their January meeting. Mrs. Parker apparently arranged for Pete Berrett to meet with A.B. Ferguson to discuss the acquisition of the tract, and later she offered to provide the money necessary to bind an option, if the Park Service could obtain one. However, during the December 1957 meeting with Ferguson, Berrett found that he wanted $48 per acre for his land, considerably more than anticipated. Ferguson acknowledged that his tract was not viable for logging activity, but told Berrett there were two sportsmen's clubs interested in opening the property for duck hunting. From the tone of his subsequent communications, Berrett was skeptical of Ferguson's purported prospects, and efforts to acquire the tract were deferred until Congress had approved the changes in the monument boundaries. [24]

Figure 13: Left to right: Regional Director Howard W. Baker, Archeologist Robert T. Bray, Superintendent Walter T. ("Pete") Barrett, Ranger David Thompson, and Director Conrad L. Wirth at Effigy Mounds National Monument, 1957. Negative #11, Effigy Mounds National Monument.

The legislative proposal to adjust the boundaries of Effigy Mounds National Monument, which called for the inclusion of the Sny Magill mounds in addition to the forty-acre gift from the Des Moines Founders' Garden Club and the nearly one—hundred—acre Ferguson tract, was submitted to the 86th Congress in the fall of 1958, resubmitted the following year, and again in 1960. By mid-1961 the boundary changes had been approved and Congress had appropriated two thousand dollars to purchase the as—yet unacquired one hundred acres. [25]

Upon learning that funds were available, Superintendent Daniel J. ("Jim") Tobin, Jr., [26] who replaced Berrett as superintendent in November 1958, reopened negotiations with Ferguson for the purchase of the one—hundred—acre tract. Ferguson's reply, mailed from California, stated he was thinking "very seriously of developing [the acres in question] for cottages and also for hunting and fishing resort possibilities." [27]

The status of the property remained unchanged for the next decade. The whole eleven hundred acres in the Yellow River valley came to be known as the Ferguson tract, after its owner, and later his widow and heirs. Ferguson moved to near Prairie du Chien, Wisconsin, and each year the incumbent superintendent or another National Park Service representative made a pilgrimage to his home to repeat the Service's offer to buy part of his land. Sometimes the National Park Service sought all of the nearly one hundred acres authorized; some times the Service requested only the smaller five- to fifteen-acre tract around the two mounds which could be purchased with the two thousand dollars available. Ferguson said he would allow an independent appraisal, but only at his convenience, and the time was never convenient. He said he would sell a small portion of the acreage authorized after he had looked the land over again, but unfortunately his health failed before he was able to follow through with the offer. Eventually, Ferguson offered to sell the one—hundred—acre tract for ten thousand dollars, or his entire eleven-hundred-acre holding for fifty thousand dollars. [28] At one time he offered to donate the one—hundred—acre parcel to the Park Service, provided the Service would certify the value of the gift at fifty thousand dollars for the purpose of a tax credit. Each year Ferguson told his Park Service visitors that a sportsmen's club was negotiating for the property, or that he was on the verge of developing it himself with motels and concession facilities along the highway across from the monument. Frequently, Ferguson threatened to build a hunting lodge atop the bird effigy, after leveling the mound for the artifacts it contained.

Apparently Ferguson knew the National Park Service wanted the property as part of the monument, but also that the Service did not want commercial development so close to the park, particularly at the cost of an effigy mound. [29] The Service representatives were skeptical of Ferguson's purported alternatives, but each nevertheless kept the Regional Director informed of Ferguson's repeated claims, and hoped the Service would obtain enough money to purchase the one hundred acres authorized in 1961. [30]

Nothing came of the repeated meetings with Ferguson just as nothing came of the repeated pleas to Midwest Region [31] for more money to acquire the whole eleven hundred—acre tract. The Washington office, "in view of the recent enactment of Public Law 87-44 [the Act of May 27, 1961, authorizing the enlarged boundaries and appropriating two thousand dollars] was reluctant to seek "amendatory legislation" to request more money. The Assistant Director for Resource Planning Ben H. Thompson suggested that the superintendent obtain assistance from the Founders' Garden Club to purchase the land. [32]

Finally, in January 1965, the Washington office agreed "sufficient time had elapsed since the Act of May 27, 1961, . . . to make it politically expedient to request amending legislation," but there is no indication that such legislation was introduced at that time. [33]

Without adequate funds to pay for the one-hundred—acre tract, the Park Service could not start condemnatory proceedings, and it was reluctant to condemn the smaller and more affordable ten or fifteen acres unless it became essential to do so to save one or more of the mounds from destruction. [34] Not until 1971 did a bill to provide the additional funds come to the floor of the Congress for a vote. In early 1972 an additional $12,000 was approved for the purchase of the land that had been authorized in 1961. [35]

In the interim, A.B. Ferguson had died, so negotiations to acquire the one hundred acres were conducted with the lawyers assigned to administer his estate. Mrs. Ferguson insisted upon selling the whole eleven—hundred—acre tract as a unit, but the Park Service was prohibited by law from purchasing lands outside the monument boundary, and the 1961 boundary change authorized the addition of only one hundred acres of the Ferguson land. Midwest Regional Chief of Lands John W. Wright, Jr., told the Fergusons' attorney to advise the Service if Mrs. Ferguson changed her position on selling the desired one hundred acres. [36] A change of lawyers representing the estate caused a brief delay, but within a fort night the new attorneys counter—offered to sell the one-hundred-acre parcel for one hundred dollars per acre, a price twenty dollars per acre higher that what the Park Service was offering. [37]

Then another fly dropped into the ointment. On July 15, 1974, Ranger William Reinhardt, a seasonal employee of Effigy Mounds National Monument, guided a party to two large bear effigies on the Ferguson property, [38] well outside the acreage the Park Service was in the process of acquiring. Negotiations stopped while Acting Regional Director Robert Giles advised Superintendent Thomas Munson, who assumed the superintendency of Effigy Mounds National Monument in January 1971, that the entire area adjacent to the national monument should be studied to determine what changes in the boundaries were needed. There were no funds to accomplish the historic resource study Giles recommended, however, so negotiations to purchase the one hundred acres resumed shortly thereafter. The one—hundred—acre tract was finally included in the nation al monument in late August 1975. [39]

The Teaser Exchange

The last adjustment to the boundaries of the main body of the monument took place between mid-1981 and July 16, 1984, by an exchange of property. Because the original and most subsequent cessions of land had pretty much followed section lines or subdivisions thereof, the national monument owned a small piece of land northwest of County Road 561, and the purchasers of the portion of the Ferguson tract outside the national monument had a piece of a similar size southeast of the road. In 1981 Roberta Teaser, who owned the parcel southeast of Road 561, approached Superintendent Thomas Munson to discuss trading one piece for the other. The Teasers wanted their land to be a contiguous unit on one side of the road for ease in fencing, logging operations, and the like. Those same reasons appealed to Munson, who also recognized that the elimination of the small inholding would close off one remaining base from which poachers could invade monument lands.

Figure 14: The 100-acre Ferguson property, which became part of Effigy Mounds National Monument in 1975, and the Teaser exchange, 1984. This is the current boundary of the north and south units of the national monument.

With the blessings of the Regional Director, Munson sought and received approval from the state of Iowa [40] to accomplish the trade. Meanwhile, Mrs. Teaser induced U.S. Senator Charles Grassley to introduce the needed legislation. Although there was no opposition to the measure, it did not get out of committee in 1982. However, in 1983 Congress passed the legislation, and on July 16, 1984, the National Park Service traded 2.06 acres of land in exchange for an 8.82-acre tract south of County Road 561. [41]