ACKNOWLEDGMENTS
CHAPTER ONE: INTRODUCTION
CHAPTER TWO: A BRIEF HISTORY OF THE BUFFALO NATIONAL RIVER
CHAPTER THREE: THE PEOPLE OF THE BUFFALO RIVER
CHAPTER FOUR: CONCLUSIONS
ENDNOTES
SOURCES
PHOTOGRAPHIC DOCUMENTATION INDEX
ABOUT THE AUTHOR

This report was funded by a grant from the Institute for Human Rights Research located in San Antonio, Texas. All opinions expressed herein are solely the responsibility of the author. I would like to take this opportunity to thank the many kind people who permitted me to interview them. Most, but not all, of these people were inholders or former inholders of the Buffalo National River. Certain people assisted this report further by supplying me with various documents and I would like to thank Tommy Martin, Jerry Patterson, Hap Teter, Waymon Villines, and Ruth Wilson specifically in this regard, I would also like to thank Waymon and Norma Lee Villines, Hap and Rhonda Teter, and Hilary Jones for providing me with food and lodging during my stay along the Buffalo River. Their generosity will not be forgotten. A special thanks must go to Hap Teter who patiently guided me along the Buffalo River.

What follows is a report about people. For the most part, it is the story of men, women, and families who have lived or owned land along the banks of the Buffalo River in Northern Arkansas. Some of these people still live there today, but under the cloud of an uncertain future on their land. This report will focus on the social and cultural impact of the land acquisition of the National Park Service following the establishment of the Buffalo National River in 1972. Each person in Chapter Three, the main chapter of the report, will be featured in a short "vignette" or case study. By this method, it is hoped that the reader will be able to obtain a "feel" for the inholders of the Buffalo region and their plight. Prior to that portion of the study, a brief history of the Buffalo National River will be offered.

For purposes of this report, the term "inholder" will be used in the broad sense to describe someone whose land is surrounded by federal land such as a National Park or National Forest. The narrow definition of the National Park Service will not be used. In this specific study, inholders will mean those landholders who owned land within what became the boundary of the BNR in 1972. For many of these people, such land, farms and homes had been in their families for generations.

A few comments about sources are necessary here. On a number of occasions there were follow-up telephone calls made by this researcher to some people who had been interviewed originally while the author was in the Buffalo River valley. These calls, generally, were merely for the purpose of checking and re-checking small facts such as the proper spelling of people's names and other such items. Not all of these follow-up calls have been recorded in the Interviews section within the bibliographic portion of the report. Also, there were several newspaper clippings from the varied local press which had no indication of date or of the actual newspaper from which the clipping was made. Only a very few of these clippings were used as research sources and, obviously, these could not be reflected in the bibliography. Additionally, there was one other source which served as general background for this report, but was not cited in any specific endnote. This source was an unpublished manuscript on the history of Newton County, Arkansas, edited by Rhonda Teter and Ruth Wilson. It has been cited in the final section on Sources.

In North Central Arkansas, less than 50 miles from the Missouri border, an attractive river named the Buffalo meanders through the landscape. The River features several extremely striking limestone and granite bluffs (Photos 1 & 2) and generally contains a relatively low water level except during those few months which permit extensive navigation by canoe or johnboat. In 1935 the state of Arkansas recognized the beauty of the River and formed the Buffalo River State Park. In the late 1950's the National Park Service launched a nationwide inventory of undeveloped streams and rivers with the hope of singling out a few for park status. At the same time, several businessmen and other interested local people in Northern Arkansas were proposing that the Buffalo River be dammed for greater economic benefit and increased recreational opportunities for the area. In fact, such proposals had been voiced occasionally in the Buffalo River valley since the 1930's by those who looked to the benefits brought by the Tennessee Valley Authority as an example of what a series of prudently placed dams might mean to a depressed area.1

In 1961 the distinguished and influential U.S. Senator from Arkansas, J. William Fullbright, advocated that the Buffalo River be taken over by the National Park Service. The following year, in 1962, an organization which called itself the Ozark Society was formed with the sole purpose to "Save the Buffalo." Under the leadership of Dr. Neil Compton, the Ozark Society's aim was to prevent the Buffalo River from being dammed. To pre-serve the River in its "pristine" state, the group launched an intensive decade-long publicity campaign which advocated a take over of the River by the National Park Service. In order to stop the threat of the River being dammed, which was a real threat at that time, the Ozark Society could envision no other administrative means than inclusion of the Buffalo within the NPS bureaucracy. To the Ozark Society members, many of whom lived far away from the River, and their followers, the cry "Save the Buffalo" not only meant maintaining the River as free-flowing, or un-dammed, but also something very new for the country and the National Park Service: a "nationalized" river.

In opposition to the Ozark Society there were literally thousands of people in the region of the Buffalo River who simply wanted to be left alone. These people did not want a dam on the River, nor did they want the intrusion of the Park Service. 'In the early 1960's several thousand signatures in opposition to a Park Service takeover of the River were sent to the office of Senator Fullbright, but to no avail. In 1963 the NPS declared the Buffalo to be nationally significant and the following year the battle over the River intensified as did the efforts to dam the River near the town of Gilbert, approximately halfway along its course. The publicity and propaganda of both the pro-dam and pro-Park forces increased with the people of the Buffalo River valley caught in between. The followers of the Ozark Society included hundreds of tourists who had c me to the River for years in order to "float" down its course through its still pools. These "floaters, as they were called, would have obviously been deprived of their mode of recreation on the Buffalo by any damming of the River. 2

As the decade of the 1960's neared its end, the lobbying efforts of the Ozark Society and the Park Service gained strength. Governor Orville Faubus supported the NPS proposed take over. One of the biggest boosts for a National River occurred following the publication by the Ozark Society in 1967 of the book The Buffalo River Country. This book was written by Park Service employee Kenneth Smith and was filled with beautiful photographs and a text which extolled the physical characteristics of the Buffalo as unique in the nation and immediately threatened by dams and development.

In 1968 an election occurred which also assisted the pro-Park forces along the Buffalo. John Paul Hammerschmidt defeated incumbent Congressman James Trimble. While Trimble had equivocated on the issue of the Park, Hammerschmidt had campaigned foursquare in favor of the National Park take over proposal.

The Congressional district contested by these two men included most of the Buffalo River valley and several observers interpreted the result as the death knell for the forces wanting to dam the River, and. conversely, as a green light for the nationalization of the River. U.S. Senator John McClellan of Arkansas, who had remained fairly neutral on the debate, interpreted the election in the affected district as proof enough for him that most people favored a Park. Sentiment expressed against the building of the dam was interpreted by most of the appropriate political leaders as also a great public desire for the entrance of the NPS into the region. As the following decade proved, this assumption was totally erroneous. 3

Following the election of John Paul Hammerschmidt, the Ozark Society and its allies greatly increased their publicity efforts to aid in the passage of the necessary legislation to forever seal the Buffalo River with the imprint of the National Park Service. Ozark Society statements often seemed to approach the status of frenzied hyperbole during these years, especially following Senator Fullbright's re-introduction of the bill to create the Buffalo National River in 1969. In describing the region, Everett Bowman of the Ozark Society talked about the Buffalo in terms of "bottomless bayous rimmed with cypress trees." One must wonder whether Bowman ever actually saw the area because there are no cypress trees in Northern Arkansas, Dr. Joe Nix, the Vice-President of the Ozark Society, typified the urgent sense of alarm of the organization when he said, "in a few years it (the Buffalo River) will not be recognizable in its natural state."

It was Neil Compton, though, as leader of the Ozark Society, who contributed most to the exaggerated rhetoric of the times. A primary target for the Society was the Valley-Y Ranch which was a horse ranch owned by P. W. Yarborough of Overland Park, Kansas. The Valley-Y was located on the banks of the Buffalo and contained numerous buildings and stables for the raising of horses. Ironically, today many of the main buildings and houses of the ranch still remain, but are now owned and occupied by National Park Service personnel (Photo 3). In the late 1560's and early 1970's, though, the Valley-Y Ranch represented the ultimate in pernicious development along the Buffalo. Said Neil Compton of P. W. Yarborough's attractive growing horse farm, "It's murder . . . That's the only word for it." 4

In addition to the remarks of Neil Compton and other Ozark Society members regarding the "whispers of motels and golf courses" which have never materialized into reality, the press also aided in the cause of the creation of the Buffalo National River. Interestingly enough, the farther away from the Buffalo a newspaper was, the more pro-Park its editorial attitude would be. The Arkansas Gazette, located in Little Rock, reprinted the following editorial from the Kansas City Star which bore little on the actual reality of the Buffalo River valley:

Today industry and other developments are crowding into Northern Arkansas. Dredging, bulldozing and a high-speed highway have already caused deterioration to the river . . . .

The National River plan involves a narrow strip along the river's banks. It would consume only 95,750 acres in a vast wilderness where the land is admittedly good for little else but recreation. 5

The apprehension of the people who lived closest to the River was allayed by various political forces. Senator Fullbright promised local citizens that land not needed for specific NPS facilities would not be disrupted. Joe Nix of the Ozark Society was confident that the concerns of potential inholders were unfounded, but said, "I doubt that we are going to be able to convince the people that eminent domain will not take their land.

Added to all of these reassurances were the impressive statistics and predictions of the National Park Service. The NPS promised an economic boom for the area. The agency predicted that 5,000 new jobs would be created along the Buffalo as a result of its status as a National River and that for the first five years of the Park's existence, annual tourist spending in the area would amount to $92,000,000. After that period had passed, the NPS said annual tourist dollars coming into the area would be $34,000,000. The initial prediction of the Park Service for annual tourist visitation was put at 2,000,000. By 1977, though, five years after the establishment of the BNR, the Park Service expressed the hope that 500,000 tourists might visit the River by 1979. 6

The bill to create the new and unique National River moved inexorably toward law. Speaking on behalf of the proposed Act, Congressman Hammerschmidt said in May of 1971:

My bill will not result in a serious dislocation of the people of the Buffalo River country. Few residents whose-properties are within the boundaries of the proposed Buffalo National River will be required to vacate their homes . . . As far as I can determine, no units of the national park system have failed to bring increased economic benefits to the communities where they are located.

The ancestors of Waymon Villines were among the first in the area of the Buffalo River, having settled in the region in the 1830's. Since 1965, Waymon has been the postmaster in Jasper, the county seat for Newton County. Prior to that, he was a government poultry inspector. As a long-time federal employee, Villines is distressed by the negative image of the federal government being fostered by the National Park Service in the area, or as he said, "It creates a bad image on the government as a whole."

The Buffalo River, said Villines, is only suitable for the "floating" tourists two or three months out of a year and the pictures of the River sent out by the NPS are "deceiving" to people because they fail to mention this fact. He cannot understand why the Park Service feels it must destroy pasture land which has been in the families of inholders for generations. Nor can he fathom the thinking of so-called conservationists such as Ozark Society m embers who have "a playground mentality" when it comes to using the Buffalo River valley. Villines stated, "we think we're conservationists ourselves because of the limitations we've placed on ourselves to protect what we look at."

In some ways Waymon Villines feels that his personal experience with the NPS has been more fortunate than some of the other inholders in the area such as his neighbors, the Keetons, (who will be discussed in a separate profile). Presently he has nearly 500 acres of farmland (Photo 4) on the north shore of the Buffalo River near Boxley. About three years ago the Park Service threatened to take his land by condemnation if he did not sell his property to them. At that time, in addition to cattle farming and hay production, Villines had spent about $10,000 on the near-completion of a "pig brooder" house in an expansion of his hog operations. Even though this was strictly for agricultural purposes and thereby fully legal, the Park authorities interpreted the action as a threat to the River and sought Villines' land. As a person familiar with the machinations of the federal government, Waymon Villines was able to negotiate a lease-back arrangement or "use-occupancy" arrangement with the Park Service, a relatively uncommon agreement as it is not always explained or offered by the NPS as an alternative form of land management. A lease-back occurs when an inholder sells title to his land to the government and then leases back the same property for a specified number of years, or life, usually ranging from ten to 25 years, at a fairly low price. The land may have some restrictions and, at the end of the allotted time, the inholder must vacate the land as the government assumes full control. Villines felt the need to negotiate with the Park Service in order to salvage some of his land and his home (Photo 5). Thus, he has a 25-year leaseback although it had not been fully signed and finalized as of this writing. Saddened that he and his wife must someday leave their land, Waymon said, "at least we have 25 years to adjust our mind." 1

Conard Villines is one of two sons of Waymon and Norma Lee Villines. The 29-year old Villines is now in the construction business, having been forced to leave his family's farm due to the policies of the Buffalo River Park Service. "I always dreamt or hoped of raising our children the way we were raised," he said, but added, "we don't have that to look forward to." As mentioned in the previous profile, the pig-feeder formerly being constructed by the Villineses was being geared up for a 120-sow operation. At a certain point in time, though, prior to completion of the feeder house, the NPS threatened condemnation if further building continued. At that point, Conard had to quit his part of the family farm because without further expansion he and his family could not continue as financially viable participants. During initial negotiations with the NPS, he inquired whether a scenic easement plan they offered might allow for such a house for hog farming. The local Land Acquisition Officer said that he was not sure and would check with the regional office in Santa Fe, New Mexico. The word back from Santa Fe to Conard Villines specifically forbade "feed lot" type operations in an easement essential to his farming future. Villines regretted his request for further clarification. He was also told by the Park Service that the agency would build a fence to help keep cattle from going into the River, but the following day the same Park official who had told Conard this called and said that the NPS had changed its mind on the matter. Villines summed up his feelings about the Park Service by saying, "they've ruined our futures." 2

Tommy Martin is the County Solicitor for Newton County and has fought for the rights of inholders along the Buffalo River. He has faced the state Highway Department and other agencies in court over eminent domain proceedings, but never, he said, has he encountered any group which carries the legal adversary relationship to the extreme as the Land Acquisition Office of the BNR Park Service. Martin said once the LAO went so far as to attempt to suppress evidence by "hiding" a 1972 appraisal which they had contracted. He said most landowners run the risk of running up against the "siege mentality" of the Park Service if they choose to fight in court. With court costs ranging from $2,500 to $5,000 and attorney's fees approximately the same (usually on contingency) the smaller inholders who have 100 acres of land or less normally cannot afford to litigate. They are forced to "negotiate" with the Park Service, said Martin. The County Solicitor especially resents the misinformation given out by the Park Service regarding the people of the Buffalo River valley. For example, the regional office in Santa Fe accused local residents of vandalism and arson in the BNR region. Martin pointed out that this year, which had one of the longest droughts in Arkansas history, there was not one set fire in the entire Buffalo valley. Other misinformation include the often-perpetuated fallacy that "nobody" lives around the Buffalo when, in fact, the rest of Newton County is so rural that the Buffalo River valley is actually the most heavily populated area of the entire county. 3

The Clarks have nearly 400 acres of land near Boxley and the Park Service wants about 112 acres of their best lower land. None of the land even touches the Buffalo River. Bill Clark does not want to divide his land. The back acreage does not have great farming potential and, if he can agree to a price, he would insist that the NPS purchase his entire tract of land or nothing His troubles with the Park Service began approximately two and one-half years ago when the agency approached him with an offer to buy his land. Clark did not want to sell, but he did accept the free appraisal contracted by the NPS in accordance with their normal policy of land acquisition. One year later the NPS, in an unusual move, offered another free appraisal. Clark inquired what became of the first one and the reply given to him was that it was "not turned in." This raised his suspicions about Park Service intentions. Later, the Park officials threatened Clark's farm with condemnation if he cut any more timber on his own land.

One particular incident caused serious doubts about the rationality of the Park Service. A neighbor of Clark's, Harold Hedges, who also happened to be an Ozark Society member, apparently attempted to have the local Walnut Grove cemetery (Photo 6) appraised so that the Park Service might be able to grant a "use permit" for it, a highly questionable act. Bill Clark prevented his neighbor from carrying out this appraisal.

The Clarks really do not want to leave the cattle farm which they have owned since 1955, but the NPS actions of recent years have left their plans in disarray. Said Charlene Clark, "we don't know what we're going to do." 4

Howard Villines related the following account of his recently deceased and beloved grandmother. His grandmother was Eva Barnes Henderson, or "Granny" Henderson to all who knew her, one of the most legendary and beloved residents of the Ozarks.

Granny Henderson was born near the Buffalo River and had lived continuously on her 166 acres near Compton since 1912. She spent the last 23 years of her time on the land alone after her husband had passed away. She lived without the comforts of electricity, telephone, and plumbing, but she loved her home and welcomed countless "floaters" and tourists whom she let camp on her property through the years. Granny Henderson befriended so many people that she corresponded with people from as far away as Canada and England. She was once featured in National Geographic as exemplifying the finest attributes of the Ozark woman.

About 1976 two or three Land Acquisition Officers from the Park Service approached Granny Henderson on her land and said, "We've come to appraise your place." Villines said his grandmother replied, "Appraise my place! What for? I wouldn't sell it for anything." To which the Park Service replied, "You'll sell it or we'll condemn it and take it." This shocking statement made the elderly woman physically ill and she was bedridden for several days after initial contact with the NPS. At first, the Harrison office of the BNR denied such rude treatment of Granny Henderson, but they did send someone out to apologize.

Although there is some dispute on this matter, the Park Service may have failed to realize that Granny Henderson was not even the sole owner of her land. Her husband's will left her grandson, Howard, as co-owner. Howard Villines to this day remains bitter that the NPS probably did not even check the available records to determine correct ownership. He feels that his grandmother should not have been approached first by the LAO personnel. After the initial contact, he insisted that the Park Service deal directly with him and cease harassing his grandmother, a request with which the NPS complied.

Then began what Villines called three or four years of "badgering" by the Park Service for him to sell the property. Time and again the Harrison NPS office would call Howard Villines to say that they had raised their purchase offer. After twice driving his grandmother on the tortuous road from her farmhouse (Photos 7 & 8) all the way to Harrison only to discover that the LAO had not changed perceptibly its previous offer, Villines began to realize that the Park Service would probably eventually resort to condemnation. Therefore he asked for what he considered was a fair price and after an 18 month wait, the NPS agreed. In the subsequent negotiations the Park Service offered Granny Henderson a life estate on the land, but forbade her from keeping her few livestock (although the NPS has denied that it told her this). Her livestock were very important to her according to Howard Villines. She wanted her cattle where she could watch them and carry water to them daily. Granny Henderson was very distressed by this latest stipulation dictated by the Park Service. The thought of leaving her home of 65 years was too much for her to think about. As she had told National Geographic, "I hope to stay just as long as the Lord and those Government folks allow. Moving out o' here would mean givin' up all I've got, all I've ever had." Sadly, Granny Henderson decided that if she could not have her treasured livestock she would just as soon move.

After the sale was consummated, Howard began to build a new house (Photo 9) for his grandmother near his own. It was wintertime, however, and he asked the Park Service if they would allow his grandmother to remain on her land longer than the three months stipulated in the sale contract. The agency agreed, but only if Eva Barnes Henderson paid rent on the land she had lived so long upon. After Howard told his grandmother this latest development, "she just sat by the stove and wrung her hands. Time after time, I went down there and she would be doing that."

When the day of the move came, late February of 1979, Howard Villines recalled, "We wanted her to come out to the new house with the first load, but she said, 'Just let me stay till the last load,' so that's what we did. She sat on a stool by the stove and cried the whole day." Granny Henderson spent only two days in the new house. She was then hospitalized for tests for cancer. She had borne "a small red pimple" on her forehead for 40 years, but at this stage of her life it had begun to grow into a malignant tumor. After Granny Henderson left the hospital she stayed at her grandson's home that night. The following morning revealed a heavy night's snowfall and Granny Henderson said, "Oh goody, its-a snowing. Now we won't have to go to that house." Granny Henderson always referred to her new house as "that house." Howard Villines then asked his grandmother to stay in his home. Five months later, Granny Henderson died, never having returned to "that house" forced upon her by the Park Service.

The doctors who diagnosed her cancer said that a "trauma" had sparked the new growth. Howard Villines said, "We feel it was definitely the trauma and stress of the three years of dealing with the Park Service over property she would not willingly have sold at any price and the dread of leaving what had been her home for 67 years." 5

Arvel Casey has owned and operated his general store near Ponca since 1943. In addition to that, on the same land, he ran one of the last steam-powered sawmills in the state. Faced with the threat of condemnation, Casey has recently signed a 15-year lease-back with the Park Service for his store and property. As part of the stipulations, he must close his store by late January 1931 and cannot rent it out afterwards. This store has served "floaters," campers, hikers, and the public for a generation, but the "master plan" for the Buffalo National River calls for its closing. Casey can.-Lot understand NPS thinking. He feels that the local residents maintain the River better than the tourists who float down it. Said Arvel of the Park Service, "They've ruined this country.  6

Though not an inholder, Hap Teter is an elected Justice of the Peace for Newton County (9 JP's constitute the legislative body of the County) and Chairman of the Committee for Landowners' Rights of the Newton County Quorum Court and, as such, has had a wide opportunity to listen to the complaints of virtually all inholders up and down the Buffalo River within his county. Hap is one of the few dairy farmers in the area with a herd of nearly 50 Holsteins on his land along the Little Buffalo River. What sparked his interest in the controversy was the discussion years ago of putting several dams on the tributaries of the Buffalo River which would have meant flooding his pastureland and driving him and his family from the farm. After this short-lived threat was averted, Teter was made aware of the larger problem facing inholders along the Buffalo, the loss of their land, farms, and homes to the National Park Service. Teter became appalled and angered the more he learned what had happened to the many generations and families represented along the Buffalo and has emerged somewhat as a spokesman for the BNR inholders, having given speeches on their plight before the National Association of Counties.

Teter said that most inholders who sold their properties were intimidated into doing so by the threat of condemnation from the Land Acquisition Officers of the Park Service. "If you don't sell, we'll condemn you and take it anyway," became a common statement attributed to the LAO. At a recent meeting attended by concerned county officials, including Teter, inholders, and Park Service officials, the chief Land Acquisition Officer for the BNR admitted that, in his entire tenure at the River, he had never really worked with more than a dozen truly "willing sellers." As a farmer, Hap Teter resents the frequent NPS contention that the cattle farms along the River have caused erosion of the river bank. He showed this researcher several former cattle ponds on land which had been taken over by the Park Service and which the agency had "cut" for drainage purposes (Photos 12 & 13), resulting in greater erosion than that caused by the previous owners of the land, namely ranchers. 7

Paul Villines is the other son of the aforementioned Waymon Villines. In 1979 he signed a 25-year lease-back, as his father will probably do, for his 150 acres. He achieved this arrangement only after what he described as an arduous three year "badgering" process by the NPS. Paul was listed in the "development" zone of the BNR Master Plan which meant, to the Park Service, that his land was absolutely essential for the growth and/or maintenance of the Buffalo National River. Yet if his land was so important to the NPS, Villines wonders, why is the agency willing to wait 25 years to assume control. He felt his own lease-*back proves that the UPS "development" zones within the Master Plan were purely capricious and not really-essential to anything. Paul Villines said that the first several years of the BNR saw a great increase in tourism (primarily "floaters"), but for the past several years "it just sits here," with waning tourism except for the two "floating" months per year.

Villines also related the situation of his grandfather, Clyde Villines, who, like Granny Henderson, is one of the most beloved and respected elderly residents of the Buffalo. The 82-year old Clyde Villines has an historic mill on his approximately 300 acres. Villines said that the mill is nearly 100 years old and listed in the Historic Register (Photos 14 & 15). The Park Service wants the mill and the elder Villines' land. Paul Villines said that initially the LAO "came on strong" in threatening Clyde Villines with condemnation if he did not sell, but that now the elder Villines was in the middle of negotiating a life lease-back. Clyde Villines would be "perfect" for explaining to tourists the intricacies of the mill operation he ran for so long, according to his grandson, but the NPS insists on starting their projects devoid of local people.

Paul Villines said he "felt over a barrel" when the Park Service descended upon his farm and said that they would eventually need the land for "development." Their plans were indefinite, though, and Villines managed to obtain a 25-year lease-back after years of haggling. lie resents the contention by the NPS that the cattle farms along the Buffalo have eroded the river bank. "Nobody knows soil erosion better than a farmer," Villines said, and nobody has maintained the land better than the local farmers whose livelihood depends on careful land upkeep. In 25 years Paul Villines will be in the prime of his life as will his cattle farm, but the Park Service will then rid the riverside of his farm and pastureland, which has been in the Villines family for well over 100 years, ostensibly all for the betterment of the Buffalo River. 8

Van Deven teaches U.S. history at the local high school in Harrison. He came to the region 14 years ago from Lockport, Illinois, a Chicago suburb. He took a 50% cut in salary for the opportunity of more tranquil living on the banks of the Buffalo. Van Deven has about 250 acres with a one mile river frontage. About 60 acres are devoted to hay farming, but most of the land contains timber. About three years ago he received a condemnation from the Park Service as part of their effort to control the entire shoreline of the Buffalo. Van Deven had never given permission for an appraisal which he thinks will be an important factor in his future trials against the government. He wants it indisputably clear that he was a totally "unwilling" seller because he maintains that, after an inholder agrees to an appraisal, he is listed as a potential willing seller by the Park Service and such a list of appraisal "requests" is used to garner more funds for land acquisition from Congress. The LAO denied this allegation, though.

Van Deven also confirmed much of what Paul Villines said about the initial harsh treatment of Clyde Villines by the Park Service. Van Deven said that the elderly Villines came over to the high school with his friends, Doy Edgmon and. Arvel Casey, and tearfully sought the advice of the high school teacher. Villines told Van Deven that the NPS said "the Army would be brought in" to take the elderly man off his land if he did not sell. Such threats and intimidation against the elderly have angered Van Deven. "There's nothing more vicious than to take advantage of the innocent. . . . They're no different than hit men."

After the trial which will determine the "just compensation" the Park Service will pay Van Deven for taking his home and land, the high school teacher intends to appeal his condemnation on constitutional grounds. He wants to test the limits of eminent domain. He can understand the government taking property in an emergency or for a badly needed highway, but he feels that if eminent domain can be used in such a huge volume for recreational purposes, there may be no end in sight for federal land expansion. 9

In July of 1930 Dewey Massey received his notice of condemnation from the Park Service. The agency wants approximately 420 acres of his 1300 acres although the exact amount desired by the NPS has fluctuated by tens of acres according to Massey. Most of the land is timber and much of that is ready to harvest, but the NPS has told Massey not to cut his trees. Dewey Massey intends to fight his condemnation in court and is amazed at the amount of money the Land Acquisition Office will spend on land. lie once asked a LAO official whether he thought too much money was being spent to acquire land, and the LAO official responded, "It's going to break the country. "10

Though not an inholder, Neil Wilkins is a local banker in the Newton County seat of Jasper and was able to offer some thoughts on what the Buffalo National River has meant economically to the area. Although the deposits in his bank have increased in the years since the formation of the BNR, Wilkins believes it was not due to the presence of the NPS. Wilkins also said that the BNR has not brought any increased job opportunities to the region as originally predicted. Very few local people have been hired by the Park Service. The now-defunct theme park, Dogpatch, was a much greater source of employment than the Buffalo National River. Dogpatch, said Wilkins, used to hire approximately 200 people per year. Since the BNR was formed, there have been no new motels in the area nor any new restaurants. Although he thinks tourism has increased, "floaters" normally do not spend much money and, as yet, their increase cannot be attributed to the "National" River, merely to the same Buffalo River which has always been there. Wilkins said, "I think we'd have as many tourists whether the Park existed or not." 11

Patterson is an attorney and former district attorney in Marshall, the county seat of Searcy County. Although his county did not have as many homes on the Buffalo River as neighboring Newton County, he offered several comments on the NPS policy as it affected his area. Patterson particularly resents the fact that the Park Service did not put its BNR headquarters in any of the counties through which the River runs. Instead, the agency placed its office in Harrison, the county seat of Boone County, the wealthiest county in North Central Arkansas. Newton and Searcy Counties are the two poorest in the state, but the Park Service did nothing to alleviate the situation even when presented with an opportunity. Not only that, said Patterson, the loss of tax revenues produced by the NPS driving landowners from their homes has further weakened an already suffering school system. Patterson has known the Buffalo River all of his life and recalled in the early and mid-1960's, as a college student, the cry "Save the Buffalo" was, indeed, widespread. Most people in the area did not want dams, but neither did they want the River to be "saved" by the National Park Service. The people of the region "just want to be left alone," said the lawyer. Recently Patterson has been involved with representing the interests of the canoe rental operators and johnboat operators along the River in their grievance against the Park administration. The NPS has recently attempted to limit the number of operators, some of whom have been in business for over 20 years. 12

The Marshalls received their condemnation notice in September of 1979 after the NPS "tried to scare me into selling," according to Howard Marshall. They resent the fact that so little negotiating had been initiated by the Park Service for their approximately 145 acres in Searcy County. The agency came to their land only twice in 1978 and the second offer was only $5,000 more than the first. This had occurred after Howard and his brother, Hobart, as co-owners of another different parcel of land, had already sold to the agency. Their price received was $1,250 per acre for what the Park Service called 10.9 acres even though the tax rolls to which the two brothers had paid for years said the parcel was 13 acres. When the NPS wanted the rest of his land, though, which Marshall said was no different (as it had surrounded the smaller parcel on three sides), the LAO only offered $500-$600 per acre, a price the Marshalls do not think as fair or comparable to their previous experience of selling to the Park Service.

Howard Marshall is one of the 20 or so canoe rental operators along the BNR, but most of the Marshall's income derives from their cattle farming, or as Vivian Marshall proudly said, "we were able to send our children to college on the cattle we raised." As canoe operators, though, the Marshalls have always had friendly and helpful relationships with the many "floaters" of the River. This past spring and summer, even though it meant a loss of revenue for him, Howard Marshall advised potential customers not to rent canoes because the drought produced so many shallow areas in the River and that would entail considerable carrying of canoes by tourists and walking over hot and dry river portions. Marshall related stories of the good-natured bantering and kidding which takes place between "floaters" and the "'hillbilly" image of the inholders. Marshall wondered, though, if the National Park Service eventually clears the River of all its residents, where will the "floaters" and other tourists be able to see and talk to the "hillbillies." 13

Roy Keeton, Jr. and his parents were evicted from their land in February of 1978 by means of a Declaration of Taking, the most severe form of condemnation. The site of the former Keeton home (Photo 17) was near the farm of the aforementioned Paul Villines and the reason the Keetons were condemned by such drastic action was the near completion of a machine shop (Photo 18) by the younger Keeton on his family's land. Roy Keeton, Jr. is an experienced machinist as well as being a farmer like his father, Roy Keeton, Sr., and needed the shop for his operations. Even though the small building was 200 feet from the road and relatively invisible to passers-by, the Park Service called it a violation of the "development" zone in which existed the Keeton farm of nearly 160 acres. Keeton did not view his machine shop as a "development" in the sense of a fast-food franchise or a condominium and he was particularly distressed that the "development" zone concept and restrictions were never explained to him. Keeton said he was never warned about the severity of his construction nor did the Park Service make much of an effort to purchase the property other than a single telephone call offering the outrageously low price of only $13,000 within a time span of two or three years. At the time of the DT, the Park Service deposited $116,000 as the value of the Keeton land. Legally the money is available to the person served the DT for use without affecting the eventual "just compensation" trial, but Roy Keeton, Jr. was not allowed to obtain any of it until over six months of wrangling with the LAO. The trial, which occurred about one year later, awarded the Keetons over $206,000 as "just compensation" for the taking of their farm.

After Keeton's father was served the DT, the younger Keeton said that the health of his parents began to deteriorate. The Keetons were given 90 days to vacate and clear their property. Two weeks later Roy Keeton, Jr, suffered a broken leg in an accident and this obviously slowed the move. Keeton spent eight months on the property and had to pay $300 rent per month to the NPS after the 90 day period had elapsed. NBC's news documentary television program Prime Time Sunday came to the Buffalo National River area in 1979 to report on the controversy of the land acquisition methods of the Park Service. Reluctantly, Roy Keeton, Sr. re-lived the taking of his farm by the government for the TV camera. The night following the departure of the NBC personnel, the elder Keeton suffered a severe stroke. Roy Keeton, Jr. then asked the Park Service not to communicate directly with his father regarding the condemnation because he feared for his health. Despite this plea, last fall the NPS sent the elder Keeton a letter threatening to attach a lien to his property. A few days after, Roy Keeton, Sr. suffered a heart attack. 14

Marilyn Eaton and her husband purchased about 335 acres of land with a one mile river frontage along the Buffalo in 1968. They had come from Oklahoma looking for good farmland as Marilyn's husband had come from a long line of farmers. After their purchase, they moved immediately to California to earn money for the initial capital investment needed for their cattle farm. The Eatons returned in 1972 just as the government had created the BNR and, thus, they were unaware of the previous four years of controversy surrounding the river. In 1978 the Park Service began pressuring the Eatons to sell and they soon agreed if they were able to obtain a fair price. At this point, Marilyn Eaton said that the agency used perpetual "delaying tactics" to force a sale at a low price. Continually, after the Eatons would make a counter-offer, the Park Service would simply not even respond for months at a time which eventually drove the Eatons to great mental distraction. The NPS would never respond to their inquiries or counter-offers except with an occasional remark about the local LAO having to check with the regional headquarters in Santa Fe. Nor did Marilyn Eaton think that their appraisals were impartial. In fact, said Eaton, one appraiser confided to her that many appraisers gravitate toward Park Service wishes in order to be re-hired by the agency on a later contract. Finally, the Eatons did sell in the spring of 1979 and have since been relocated to a nice farm near Harrison. The Park Service approached them to take photos of their present home for purposes of a comparison display with their previous farm house on the Buffalo River. Marilyn did not want photos taken without comment, without what she called "the heartache and trauma between the two pictures." 15

In 1978 the NPS contacted Kenneth Villines, a Justice of the Peace in Newton County, with a proposal regarding historic Beechwood Cemetery. The agency suggested that Villines form a group of inholders who might claim title to the cemetery and then sell or donate it to the Park Service. Villines quickly discovered that very few people could see any value or benefit of turning their cemetery over to the NPS. About one year later, in July of 1979, Villines received a telephone call from the agency. The official asked Villines why he had not formed an organization of inholders to claim title over the cemetery, a move of very questionable legality. After the Justice of the Peace said that nothing had been done, the Park Service then said it would proceed to condemn Beechwood Cemetery and assume title for the agency as part of their "mandate to acquire all the lands." The NPS said that the historic graveyard which contained plots of some of the oldest settlers in the Buffalo River valley (Photo 19) would be maintained, but that no future burials would be allowed. This news greatly alarmed Ken Villines and he proceeded to call the local newspaper with the story. A flurry of political activity immediately began with U.S. Senator Dale Bumpers making several inquiries of the Park Service. To many of the local populace, the attempted take-over of Beechwood Cemetery exemplified the ferocious totality of Park Service land acquisition methods. Many people asked the question whether anything was sacred to the National Park Service when it came to dealing with inholders and other local indigenous citizens.

Eventually, the Park Service backed down from its somewhat ludicrous proposal. After political pressure from Congressman John Paul Hammerschmidt and especially from Senator Bumpers, the Park Service agreed that the cemetery was county property and could not be taken over by the NPS. 16

Hamilton is the County Clerk for Newton County and was one of the few inholders who could afford to go to Washington, D.C. to testify in opposition to the land acquisition along the Buffalo River. Although he did not offer extensive comments, Hamilton said he felt "an injustice" had been done in creating the BNR. He could not understand such extensive use of the government's power of eminent domain for "recreational" usage.17

As was the case with Oxford Hamilton, Bill Brasel was met briefly over lunch by this researcher and time did not permit an extensive interview. Brasel is a real estate agent in the region and offered his unique perspective on the land policies of the NPS. He and a business partner owned 40 acres which they had planned to sell as a single farm plot. The Park Service, apparently fearing the threat of development, purchased the only access road to their land and immediately closed it. Then the Park Service arrested Brasel's partner for trespassing when he tried to get to his "landlocked" parcel. This matter is still in litigation. Brasel said the BNR has helped only about 15 people economically in the entire region.18

Park was a former Assistant U.S. Attorney for Fort Smith until he resigned in 1977. Back in the 1960's Park said that, "I was among those who hollered 'Save the Buffalo'." The political forces supporting the proposed scenic river then had a "lulling effect" on people and disinclined them not to worry about the potential use of eminent domain. Park said that there "tacit understanding" that the Buffalo National River would was a not be handled the same as other national parks. After the BNR was established, though, it soon became apparent to Park that instead of "a creative bureaucracy" for the new and unique scenic river legislation, it was to be the depressingly familiar "bulldozer" of the National Park Service. This was evidenced by the early buying of land and making land management plans in 19731974 before the Park Service had even considered doing an environmental impact statement. Park has several inholders as, clients and accused the Land Acquisition Office of outright non-compliance with some important laws such as the Uniform Relocation Act and the Freedom of Information Act. Park is a member of an urban renewal board in Van Buren and said, "I've seen good relocation." He said the Park Service at the BNR "honored with lip service" the Uniform Relocation Act. Sam Park said that the Park Service at the Buffalo made a deliberate decision not to seriously consider anything less than fee simple in the acquisition of land. "A year ago I would've pulled my punches," said the lawyer, but since the Park Service has been continually "ignoring human courtesy," he feels compelled to speak out against the agency's policies. As for his former employer, the U.S. Justice Department, Park criticized the fact that the agency has failed to bring to trial for just compensation so many of the condemnation suits it has filed against inholders. "If they can't try it, they ought not to file it," said the attorney.

As did many other inholders, Sam Hugh Park related the experience of Doy Edgmon, an elderly inholder in his mid-70's, who had his land taken from him by the Park Service. Edgmon came from one of the oldest families in the area and had lived in the Buffalo River valley all of his life. He did not want to sell and leave his home (Photo 20), but the LAO kept pressuring him. Despite the fact that his approximately 80-100 acres of farmland was not really prime land nor did it touch the River, the Park Service served Roy Edgmon his condemnation notice in late 1979. After that, the elderly Edgmon "worried himself to death," according to Park. The attorney would often stop at Arvel Casey's store to chat as he had always done. There he began to see that Doy was letting his health deteriorate due to his constant worrying. A few months after the condemnation, the kindly Doy Edgmon died of heart failure. Park and many of the people in the area believed his passing was due, in part, if not all, to the strain caused by the loss of his home. "I saw it happen," said Sam Hugh Park.19

The great-grandmother of Ted Shaddox first came to the Buffalo River in the 1830's. The Shaddoxes had a 149 acre farm on the north side of the Buffalo near Pruitt with a one mile river frontage. They raised approximately 80 head of cattle, some hay, and, by all accounts, the finest tasting watermelons in the valley. Ted's wife, Jimmie said, "I never dreamed they'd take us," but that is exactly what occurred. Their land was condemned at about the same time that Roy Keeton, Sr. received his Declaration of Taking. In fact, their 27 year-old son, Philip, received the papers. Ted and Jimmie were never met in person at this time by the agency which wanted their home. At their trial for just compensation for their land, a jury in Fayetteville awarded them slightly more than $212,00. The Park Service had contested that the property was worth only $116,000.

Ted and Jimmie have since relocated in Harrison, but occasionally they have returned to their former land and sadly watched the tall grasses and thorny honey locusts overtake what used to be their pastureland. Ted recalled that, although tourists had on rare occasions trespassed over his farm and trampled his oat fields, he normally had warm and friendly talks with the "floaters" who stopped at the bank. Ted and Jimmie said that their new home is nice, but that they received no relocation assistance from the NPS. In 1980 they planted five hills of watermelons on their new land, but they just did not taste quite as good as had their renowned crops along the Buffalo River. 20

Like Roy Keeton, Sr., Emmett Slay was one of the very few inholders who received the drastic action of a Declaration of Taking which requires near-immediate vacating of the properties and immediate granting of title to the government. Slay had slightly more than 160 acres in Searcy County and his son, Ben, had another adjoining 140 plus acres. The Freshour Construction Company of Sweet Home contracted with Ben Slay to remove limestone aggregate from the Slay property. At that point the controversy began. The Park Service claimed that such a blasting job would entail dynamiting one of the beautiful bluffs along the Buffalo. The Slays said that the blasting would have occurred three-eighths of a mile away from the river bluff on a small ridge, but still within the eventual boundary of the Buffalo National River. The Park Service initially attempted to purchase the land of the Slays, but the agency obviously believed that time was against this method of acquisition as displayed by its subsequent actions. On Monday, March 6, 1978 Emmett Slay was in Park headquarters negotiating for the sale of part of his land across the river. While there, the Park Service never mentioned the fact that they had filed for a DT and would seize his property in a day or two. The following day Emmett Slay received a certified letter from the NPS announcing that the agency would soon condemn his land, but without specifying that a DT would be used. The day after that, Wednesday, March 8, 1978, he left his home to hunt for a sick calf among his cattle herd. He left behind his wife, Katie, who was ill from both a heart condition and diabetes. While driving to where his cattle was, Slay listened to reports on the radio which announced an escape of two inmates from a local jail as well as a bank robbery. The radio report cautioned citizens to be on guard. While walking through his pasture and brush in search of the sick calf, two men approached him with shotguns and told him to halt. Slay said that the guns were pointed directly at him and the strangers' fingers were on the triggers. The armed men did not identify themselves, but shouted, "we took this land over at 10:00 and we're guarding it." After several tense moments during which Emmett Slay nervously was able to identify himself while still being held at gunpoint, the armed men said that they were Park rangers and that Slay should return to his home where a "man" would be waiting. Frightened for his sick wife, Slay sped back to his home where a man could be seen inside the house and a man stood outside with a crackling walkie-talkie. By then, it was after five in the afternoon, and the man inside Emmett Slay's home identified himself as a U.S. Marshal and proceeded to serve Slay with the DT which was dated the previous day.

By now Slay was furious and asked by what right armed men could came onto his property before he was even served the proper papers. The Marshal said such a procedure would be illegal and he then left to investigate Slay's story. After a short delay, the Marshal returned and said to Emmett Slay, "You told me the truth." Slay's son, Ben, was in Wyoming while this was going on. When he returned he was met by additional NPS personnel at the gate to his property. These men were brandishing handguns and would not allow Ben Slay on his land until he identified himself.

After 90 days the Slays had to vacate their land. The Park Service put $135,000 in deposit as the value for Emmett Slay's farm, but the elderly inholder was eventually awarded over $214,000 in his trial. Much later, when Prime Time Sunday came to the BNR, the then Superintendent John Turney denied that Park employees had pointed their guns at Emmett Slay or had their fingers on the triggers. Curiously, John Turney was not even in the state of Arkansas when the incident had originally occurred. The heavy-handed, gun-toting methods which faced Emmett Slay that cold afternoon in 1978 occurred under the direction of Superintendent Lorraine Mintzmeyer whose reign over the BNR included the Declaration of Taking against the Keetons and other incidents very disturbing to the local populace. For her work in the Buffalo National River, Superintendent Mintzmeyer was promoted by the National Park Service. 21

Watkins is Newton County Sheriff and offered several comments from his position. He said that crime has gone up in the County 25 percent since the formation of the BNR with most of the crimes occurring during "floating season" which could be as short in duration as six weeks or as long as three months. Watkins said he has good cooperation with the NPS. No permission is needed for his office to go onto NPS land, but Watkins feels that the agency lacks the personnel for adequate law enforcement. The loss of inholders along the River has meant to the Sheriff's office that no longer are there sufficient local people to check and report suspicious behavior. Also, said Watkins, many local people have come to his office and complained of being run off the riverbank or other parkland by the Park Service because they had no tent set up and, therefore, were not "camping." Ray Watkins thought that this action was needless harassment as locals always had small "party" gatherings near the Buffalo. The Sheriff disputed the Park Service claim of a massive increase in arson and vandalism against NPS facilities. First of all, he said, only five percent of all criminal complaints relate to vandalism. Second, there is ten times the amount of vandalism against private property as compared to Park property. 22

The Clagetts and the Hickmans are neighbors near what used to be the little town of Erby which no longer exists as all former inholders have either sold their land to the Park Service or have been driven from it. Robert Hickman received his condemnation notice nearly two years ago while Weldon Clagett got his about a year ago. Neither one has received notice as to when their trials for compensation might be scheduled, confirming what Sam Hugh Park said about the needless "urgency" to acquire land, followed by interminable delays toward the trial for compensation. Clagett has three children and had hoped to pass along his 220 acres of farmland to them. Like Herb Van Deven, he views the issue as a constitutional one. 'Is there no limit, he wondered, on the use of eminent domain for recreational purposes? 23

Bill Duty and his wife are among the few who have received a scenic easement from the Park Service, but only after considerable difficulty. In the negotiating process toward the easement; the LAO told the Dutys that an easement which cost more than 70 percent of the appraised value of the land would not be allowed and that fee simple acquisition would be the only route for the agency; this despite the fact that the Dutys were in a specified easement zone of the Buffalo National River master plan for development. After the Dutys called the office of Senator Bumpers, the Park Service returned with a more reasonable easement proposal. It was a long process for the Dutys, beginning in early 1978 and ending in December of 1979 when the scenic easement was finally signed. Along the way, Bill and his wife received two letters from the LAO which threatened condemnation. Bill Duty felt that the Land Acquisition Office had a "take it or leave it," with the implication being that "leaving it" would result in condemnation proceedings being brought against the inholder. 24

Ashley is a former mayor of Harrison and is retiring from the Arkansas State House of Representatives at the end of the current 1979-1901 term. Currently, he owns and manages a music store in downtown Harrison which has a fine recording studio, affording local musical talent the opportunity to record without having to go all the way to Memphis or Nashville. One of the great prides of Hugh Ashley, though, was his former inholding in Marion County toward the lower end of the Buffalo River. Ashley had an 300 acre tree farm which epitomized the best in tree conservation. In 1976 he was named Southern Tree Farmer of the Year and has won numerous awards from the American Forestry Association. Ashley began his work in 1964 and carefully groomed and produced an excellent example of controlled forest agriculture. He never used a bulldozer in his operations and painstakingly removed brush and thickets to allow for the growth of natural grass. Turkey hunters and campers often used to ask Ashley if they might use his land to which he always agreed with his one request that they not start a fire. He also built 15-20 miles of fire roads. For reasons which are very difficult to comprehend, though, the National Park Service wanted all of Hugh Ashley's efforts. As he said, "they wanted 15 years of my life and work." Only a small portion of his land touched the Buffalo River. Calling himself a "practical man," Ashley said he was told to "negotiate or be condemned." Therefore, since he could not afford the legal fees needed for the battle against condemnation proceedings, Hugh Ashley reluctantly sold his cherished crop. 25

Ken Hubbard has 286 acres of good, clear pastureland in Searcy County. He has 135 head of cattle and approximately three years ago the NPS began efforts to buy the land. Hubbard requested to this researcher that precise monetary figures not be used in his case study, but he had no objection to ratios. Hubbard himself had contracted for two independent appraisals of his land prior to his negotiations with the LAO. The first Park Service offer was less than one-half of one of his appraisals. He called the NPS offers "an insult to our intelligence." The Park Service told him that the appraisals he contracted for could not be used in the purchase negotiating, only in a court of law. After nearly two years of purchase negotiating, Hubbard and the Park Service began to explore the possibility of a use and occupancy agreement, or "lease-back." As these negotiations proceeded, the Land Acquisition Office more than doubled their price for the "lease-back." Finally, apparently tired of dealing with a concerned small farmer with shrewd business instincts, the Park Service condemned his farm in the late summer of 1980. Hubbard wonders why the Park Service kept telling him all those years that his land was not worth much when their publicity says just the opposite, saying that the land along the Buffalo is among the prettiest and most priceless in the nation. 26

Tudor is the editor of the Marshall Mountain Wave. His father was one of the leading proponents of a dam on the Buffalo back in the 1960's. Today, Tudor admits that this was the desire of only a small minority, but he still feels that dams offer excellent economic development for most areas as witnessed by the Bull Shoales region on the Arkansas-Missouri border. Tudor thinks that the National Park Service should be registered as a lobby organization due to the massive quantities of money the agency spends to procure projects. He cited their huge grants to the University of Arkansas for studies which promote the continuation of the Buffalo National River. Tudor said that none of the promises of economic benefit of the NPS made a decade or so ago have come true. The only economic benefit which the Park Service has brought to Searcy County, the editor said, resulted from the two or three very friendly Park rangers who have chosen to live in the county. Tudor disputes the claims of increasing tourism brought forth by the NPS. For instance, during February of 1979 which saw one of the most severe winter storms in most peoples' recollection, with snow on the ground for six weeks, forcing Tudor to take his paper to Harrison for printing in a four-wheel-drive vehicle, the Park Service said that month saw 40,000 visitors to the BNR. Ed Tudor wondered where the, agency got such figures. 27

Hannon is the former mayor of Pruitt, a town which she said was "wiped out by the National Park Service." The 71-year old Hannon has traveled extensively in her life, but has lived along the Buffalo for the last 20 years and has come to the region for over 40 consecutive years, including summer vacations. She fought both the building of a dam on the Buffalo and the establishment of a national park in the area since 1962, having helped found the Buffalo River Conservation and Recreation Council and the Buffalo Landowners Association. She particularly resents the exaggerated "editorializing" of several environmentalists. The peppery former mayor called Kenneth Smith's book, Buffalo River Country, "the most misrepresented book that's been published." 28

Hedges is a former Second Vice-President of the Ozark Society and co-author of the Buffalo River Canoeing Guide. He explained the controversy surrounding his actions at the Walnut Grove Cemetery by saying that he was merely attempting to assist the Park Service in granting a "use permit" to the church to insure that the cemetery would always have that use. There was a distant threat, according to the NPS, that the church might close its doors some year and sell the land to someone who, in turn, might build a "dairy queen" on the land. The UPS would have paid the church for the use permit based on the valuation of an appraisal; hence his attempt to have an appraisal carried out for Walnut Grove Cemetery. Hedges has signed a use and occupancy permit with which he is very satisfied. He classified himself as a willing seller to the Park Service and felt that there were many willing sellers in the history of the BNR. With regard to land acquisition he said there has been "a limited amount of opposition." 29

Chadbourn lives in Little Rock and works for the Arkansas Power and Light Company. An experienced and expert "floater," he is also a member of the Arkansas Canoe Club and was, for a brief time, an Ozark Society member. After "floating" on the Buffalo River for many years, Harmon offered some reflections on the changes he has seen over recent years. He said he feels that the River usage has increased greatly in recent years and that many "floaters" such as the large number of college students and others who insist on drinking beer as they float the River often litter the banks. Chadbourn also said that Park ranger regulations have increased in recent years, somewhat to his annoyance as rangers have forbidden he and his club members to "float" at river levels considered too high by the agency. The National Park officials at the BNR do not attempt to make any distinction between the expert "floater" and the beginner, according to Chadbourn. He further said that, in one incident, a ranger threatened to ticket and have the car towed away of some of the "floaters'' of the Arkansas Canoe Club; this despite the fact that the ranger was aware of their membership in the expert sports group.

Regarding inholders, Harmon Chadbourn said that he rarely has had contact with them, but he did say that "the National Park Service seems to be eradicating the presence of man." He thought the agency was making no effort to preserve the cultural heritage of the River. Additionally, and of great concern to him, Chadbourn said that the actions of the Park Service along the Buffalo in land acquisition has produced such a "negative backlash'' against the government that, unfortunately, other important conservation efforts in the state of Arkansas have been made more difficult due to their example. 30

Except for a brief period after World War II until 1966, when he re-acquired his land, Hilary Jones and his ancestors have owned property along the Buffalo River since before the Civil War. Jones had three parcels of land of a combined acreage of approximately 165, on both sides of the River. Currently, he is in the highway construction business, but for many years he also ran a private campground and the Buffalo Motel on the north shore of the River in Pruitt. Jones' land was among the most beautiful on the entire Buffalo and was the most photographed region of the area (Photos 23-25). Jones knew from the time the BNR was formed that the Park Service wanted his land, but no serious attempts at buying it were made until the mid-1970's. In 1977 the pressure became more intense. In the spring of that year, Hilary Jones' wife died of emphysema, leaving him with eight children. About two weeks later the Park Service brought appraisers to his land in an effort to hasten a sale. Jones was not present when this occurred, but his cousins ushered the government officials from the property. Late that same year, with the NPS offer for Jones' land in the neighborhood of $250,000, Hilary realized he might soon face condemnation proceedings. The NPS had warned of such a possibility due to what they called an "impasse in negotiations and your failure to state an amount." Jones simply did not want to sell his home and property which so many tourists had enjoyed over the years that he regularly received the same returning guests to the Buffalo. As Jones said, though, "government is like the Lord. It giveth and taketh away." Realizing his impending fate, he sold a small parcel of land across the river with a house on it to his friend Herman Haddock for $25,000. The Park Service had appraised the property at the very low price of only $5,000. Haddock spent about $800 to make the house fully usable and four months later, in ill health, he sold it to the NPS for $25,000, five times the amount the agency said it was worth less than one-half of a year prior. That transaction proved, said Jones, that the Park Service either deliberately contracts very low appraisals generally and then may choose to ignore them if it suits their purpose, of that they had deliberately singled out his house and lot for an unrealistically low appraisal.

Though he managed to have a small portion of his acreage escape condemnation, that was not the case with the bulk of his land. In late February of 1978, very soon after Roy Keeton, Sr. received his Declaration of Taking, Hilary Jones also met the same fate. Actually, the U.S. Marshal did not present the DT to Jones personally, but tactlessly left the document behind with two of his children, nine-year old Mark and 15-year old Donna. As he left, the Marshal told the children that he hoped their father would not be "mad."

At his trial for compensation, Hilary was awarded only about $300,000 for his land even though an independent appraiser from Fayetteville had said the land was worth $550,000. The jurors never got to see the attractive little cabins which used to house tourists on the River. The UPS had bulldozed them shortly after Jones vacated his property in mid-1978, according to the deadline on his Declaration of Taking. Ironically, Jones ended up buying back his own home from the Park Service prior to the trial. It is a fine tri-level home with redwood siding which Hilary Jones had moved to the 13 upper acres he was allowed to retain. The Park Service has since cut several trees along the road to Jones' former campground (Photo 26), presumably to eventually widen the road for sane future NPS development. "The thing they said we were going to do, they did," said Jones.

For years most of the tourists who had stayed at Hilary Jones' motel or campground had told their very friendly host that they thought a National Park takeover of the Buffalo River would be the best thing for the whole area. Recently, Jones encountered a Mr. Green, one such longtime former regular guest of his land and, in addition, an expert "floater." Discouraged by recent Park Service treatment of himself and other tourists, Green told Jones that the federal takeover of the Buffalo River was a "mistake" and that the River was much more enjoyable before the National River was created. The tourist also told Hilary Jones as he departed that he would never again return to Arkansas for a vacation. 31

This investigation of the Buffalo National River was the fourth independent study of inholdings done by this author. In no other study was the mistreatment of inholders greater than that discovered in this location, In no other report, with the possible exception of the experience of inholders in the Mount Rogers National Recreation area, was the action of the government against a minority of its people more devastating. A peaceful and productive community of people with a cultural heritage whose roots precede the Civil War has been literally pushed away from the River they had cared for and loved.

Much of the report, as the reader may have noted, might be labeled "past history" and for this reason a professional historian was hired by the Institute for Human Rights Research. As history, the purpose of the report has been to document a previously-unrecorded human experience; a story of a people which has not been told before, and it is the hope of this historian that readers of this report have learned about the problems facing inholders within our National Park System. Most Americans probably have not been aware of inholders and their special problems in relation to the federal government and these investigations may provide new insights into human rights.

What appears to be especially baffling to someone who has looked at the history of the Buffalo National River was the seemingly unnecessary and unremitting haste with which the Land Acquisition Office moved aside the local population. After the passage of the BNR Act in 1972, the threat to the River in the form of a dam had been removed. "Floaters" were then assured of continued use and pleasure along the River, The following decade, though, saw a tone of urgency whereby many very elderly inholders were confronted by Land Acquisition Officers and other Park officials who demonstrated an absurd unwillingness to wait as if the presence of elderly inholders and small cattle farmers were somehow immediately threatening to the well-being of the River and to the enjoyment of those tourists who come to the Buffalo River, Words such as ''mission'' and "mandate" were often used by the Land Acquisition Officers as if they were conducting a military operation against a known enemy. Many land use options such as "lease-backs'' and scenic easements were not clearly explained to inholders. Fee simple acquisition was the "mission" of the LAO. All in all, there was a callous insensitivity shown up and down the River by the National Park Service to the local residents.

Part of the problem may have been due to the structural organization of the NPS in the area. There was a definite separation between the LAO from the Office of the Superintendent for the Buffalo National River. In fact, a Land Acquisition Officer told this researcher, "I don't work for the Superintendent." If it is actually true that on the NPS organizational chart for the BNR, there is no line of authority between the Superintendent and the LAO, then an organizational blunder has been committed. Logic would tend to dictate that the Superintendent, hopefully, would care very deeply about what the Land Acquisition Office was doing since it would be he (or she) who would have to live with the result of its actions, long after the LAO had closed. Another possibility remains which is purely speculative; namely that Superintendent's Office was deliberately put at a distance from the work of the Land Acquisition Office in order to claim noninvolvement or to deny responsibility of LAO action at a later date.

A spokesperson for the office of Senator Dale Bumpers told this historian that she believed she had seen an improvement in inholder-Park Service relations in very recent times. In a relative sense, this is true. Following the stewardship of Lorraine Mintzmeyer, who has since departed from the Buffalo National River, there has not been a Declaration of Taking used along the Buffalo in over two years and for whatever restraint has been shown by the National Park Service recently, much of the credit must go to Senator Bumpers. In another sense, though, events may appear calm recently because there are so few inholders left along the Buffalo River and the few who remain are quietly and patiently awaiting their long-overdue trials for "just compensation" for the loss of their land. So much of the damage to the people has been done already. In publicizing the past, it is the purpose of this report to, hopefully, prevent such violations of human rights in the future as occurred along the Buffalo River in the past several years. 1

1 Interview with State Representative Hugh Ashley, December 17, 1980; Arkansas Gazette, April 20, 1969, p. 2E; U.S., Department of Interior, National Park Service, Buffalo National River Final Master Plan, (Denver: National Park Service, 1977), pp. 1-2.

2 Interview with Lucille Hannon, December 16, 1980; Kansas City Star, April 11, 1971, (clipping--pagination unavailable); Final Master Plan, p. 2.

3 Hannan interview; Kansas City Star, loc. cit., Letter from Sen. John McClellan to State Rep. Sterling -Hurley, April 24, 1971.

4 Arkansas Gazette, April 23, 1971, p. 1; The Informer, March 27, 1970, (E-lipping--pagination unavailable); Kansas City Star, loc. cit.; Marshall Mountain Wave, February 6, 1969, p. 1; Interview with Hap and Rhonda Teter December 15-17, 1980.

5 Arkansas Gazette, July 13, 1969, p. B; Ibid., June 13, 1971, (clipping--pagination unavailable); Kansas City Star, loc. cit.

6 Arkansas Gazette, April 18, 1969, p. 1; Baxter Bulletin, April 30, 1970, (clipping--pagination unavailable); Ibid., September 3, 1970, p. 1-D; Boone County Headlight, August 1, 1968, p. 1; Ibid., April 1969, p. 1; Ibid., June 26, 1969, p. 1; Harrison Daily Times, March 4, 1968, p. 1; Marshall Mountain Wave, loc. cit., Teter Interview; Final Master Plan, pp. 3-4; Interview with Ruth Wilson, December 14-15, & 18, 1980 and January 9 and 30, 1981.

7 Acquisition Ceiling Increases, Statutes at Large, XC, 2732, 2736 (1972); Buffalo National River Act, Statutes at Large, LXXXVI, 44-46 (1976); Harrison Daily Times, February 8, 1972, p. 1; Ibid., April 12, 1978, (clipping--pagination unavailable); U.S., Congress, House, Congressman Hammerschmidt speaking in favor of the proposed Buffalo National River, 2nd Cong., 2nd sess., May 13, 1971, Congressional Record, XVII, 14916-14917.

1 Interview with Andrew Adams, Land Acquisition Office, Buffalo National River, National Park Service, December 23,1980; Interview with Waymon and Norma Lee Villines, December 14, 1980.

2 Interview with Conrad Villines, December 14, 1980.

3 Interview with Tommy Martin, December 14, 1980 and January 10, 1981.

4 Interview with Bill and Charlene Clark, December 15, 1980.

5 Adams interview; Harvey Arden, "America's Little Mainstream," National Geographic, March, 1977, p, 348; Grapevine (Fayetteville), December 13, 1978, pp, 4-5; Springfield (Missouri) News and Leader, September 23, 1978, p, 8A; Rhonda Teter, "Granny Henderson," The Newton County Homestead, Summer, 1980, pp. 8-10; Interview with Howard Villines, December 15, 1980; Letter from Howard Villines to Senator Ted Stevens, August 8, 1979; Wilson interview.

6 Interview with Arvel Casey, December 15, 1980,

7 Minutes of Meeting of the Committee for Landowners' Rights of the Newton County Quorum Court, October, 1979; Teter interview.

8 Walter F. Lackey, History of Newton County, Arkansas (Point Lookout, Missouri: School of the Ozarks Press, 1950),pp. 286-288. Interview with Paul Villines, December 15, 1980; Waymon Villines interview.

9 Interview with Herb Van Deven, December 18, 1980.

10 Interview with Dewey Massey, December 17, 1980.

11 Interview with Neil Wilkins, December 16, 1980.

12 Interview with Jerry Patterson, December 17, 1980.

13 Interview with Howard and Vivian Marshall, December 17, 1980.

14 Letter from the law offices of Adams, Covington, and Younes, Harrison, Arkansas, to Mt. and Mrs. Roy Keeton, Sr., July 9, 1979; Interview with Roy Keeton, Jr., December 15, 1980.

15 Interview with Marilyn Eaton, January 9, 1981.

16 Letter from Sen. Dale Bumpers to Kenneth Villines, September 4, 1979; Letter from Sen, Dale Bumpers to Kenneth Villines, October 4, 1979; Martin interview; Letter from Tommy Martin, County Solicitor, Newton County, to Andrew Adams, Land Acquisition Office, Buffalo National River, National Park Service, July 16, 1979; Letter from John Turney, Superintendent, BNR, to Cong. John Paul Hammerschmidt, July 10, 1979; Interview with Kenneth Villines, December 15, 1980; Letter from Kenneth Villines to Sen. Dale Bumpers, August 27, 1979.

17 Interview with Oxford Hamilton, December 16, 1980.

18 Interview with Bill Brasel, December 16, 1980.

19 Interview with Sam Hugh Park, January 19, 1981.

20 Interview with Ted and Jimmie Shaddox, December 18, 1980.

21 Interview with Emmett and Katie Slay, December 17, 1980; Wilson interview.

22 Interview with Ray Watkins, December 16, 1980.

23 Interview with Weldon Clagett, December 16, 1980; Interview with Robert Hickman, December 16, 1980; Park interview.

24 Interview with Bill Duty, December 15, 1980.

25 Ashley interview; Statement of Hugh Ashley before Oversight Hearing, Hot Springs, Ark., September 16, 1977.

26 Interview with Ken Hubbard, December 17, 1980.

27 Interview with Ed Tudor, December 17, 1980.

28 Hannon interview.

29 Interview with Harmon Chadbourn, January 12 and 27, 1981; Interview with Harold Hedges, January 11, 1981.

30 Chadbourn Interview.

31 Letter from W. E. Bramhall, Land Acquisition Office, Buffalo National River, National Park Service, to Hilary Jones, August 25, 1977; Letter from Rienhart Johansen, Land Acquisition Office, Buffalo National River, National Park Service, to Hilary Jones, September 23, 1977; Interview with Hilary Jones, December 16-17, 1980.

1 Adams interview; Teter interview; Interview with Rhona Weaver, Agricultural Assistant to Sen. Dale Bumpers, January 8, 1981.

Adams, Covington, and Younes (law office). Letter to Mr. and Mrs. Roy Keeton, Sr., July 9, 1979.

Ashley, Hugh. Public statement before Oversight Hearing, Hot Springs, Arkansas, September 16, 1977.

Bramhall, W. E. Letter to Hilary Jones, August 25, 1977.

Bumpers, Senator Dale. Letter to Kenneth Villines, September 4, 1979.

Johansen, Rienhart, Letter to Hilary Jones, September 23, 1977.

Martin, Tommy. Letter to Andrew Adams, July 16, 1979.

McClellan, Senator John. Letter to State Rep. Sterlin Hurley, April 24, 1971.

Minutes of Meeting of the Committee for Landowners' Rights of the Newton County Quorum Court, October, 1979.

Teter, Rhonda, and Wilson, Ruth. (Eds.) Unpublished manuscript on the history and culture of Newton County, Arkansas.

Turney, John. Letter to Congressman John Paul Hammerschmidt, July 10, 1979.

Villines, Howard. Letter to Senator Ted Stevens, August 8, 1979.

Villines, Kenneth. Letter to Senator Dale Bumpers, August 27, 1979,

Acquisition Ceiling Increases. Statutes at Large, Vol. XC (1972).

Buffalo National River Act. Statutes at Large, Vol. LXXXVI 1976)

U.S. Congress. House. Congressman John Paul Hammerschmidt speaking in favor of the Buffalo National River. And Cong., 2nd sess., May 13, 1971. Congressional Record, CXVII, 14916-14917.

Department of the Interior. National Park Service. Buffalo National River Final Master Plan. Prepared by the Denver National Park Office, 1977.

Adams, Andrew. December 23, 1980.

Ashley, Hugh. December 17, 1980,

Brasel, Bill. December 16, 1980.

Casey, Arvel. December 15, 1980.

Chadbourn, Harmon. January 12 and 27, 1981.

Clagett, Weldon. December 16, 1980.

Clark, Bill and Charlene. December 15, 1980.

Duty, Bill. December 15, 1980.

Eaton, Marilyn, January 9, 1981.

Hamilton, Oxford, December 16, 1980.

Hannon, Lucille. December 16, 1980.

Hedges, Harold. January 11, 1981.

Hickman, Robert. December 16, 1980.

Hubbard, Ken. December 17, 1980.

Jones, Hilary. December 16-17, 1980.

Keeton, Roy, Jr. December 15, 1980.

Marshall, Howard and Vivian. December 17, 1980.

Martin, Tommy. December 14, 1980 and January 10, 1981,

Massey, Dewey. December 17, 1980.

Park, Sam Hugh. January 9, 1981.

Patterson, Jerry. December 17, 1980.

Shaddox, Ted and Jimmie. December 18, 1980.

Slay, Emmett and Katie. December 17, 1980.

Teter, Hap and Rhonda, December 14-17, 1980.

Tudor, Ed. December 17, 1980.

Van Deven, Herb. December 18, 1980.

Villines, Conrad. December 17, 1980.

Villines, Howard. December 15, 1980,

Villines, Kenneth. December 15, 1980.

Villines, Paul. December 15, 1980,

Villines, Waymon and Norma Lee. December 14, 1980.

Watkins, Ray. December 16, 1980.

Weaver, Rhona. January 8, 1931.

Wilkins, Neil. December 16, 1930.

Wilson, Ruth. December 14-15, 1980 and 18, 1980 and January 9, and 30, 1981.

Arkansas Gazette. 1969 and 1971.

Baxter Bulletin. 1970.

Boone County Headlight. 1968-1969.

The Grapevine. 1978.

Harrison Daily Times. 1968, 1972, and 1978.

The Informer. 1970.

Kansas City Star. 1971.

Marshall Mountain Wave. 1969.

Springfield News and Leader. 1978.

Arden; Harvey. "America's Little Mainstream." National Geographic. March, 1977, p. 348.

Lackey, Walter F. History of Newton County, Arkansas. Point Lookout, Missouri: School of the Ozarks Press, 1950.

Teter, Rhonda. "Granny Henderson," The Newton County Homestead. Summer, 1980, pp. 8-10.

Photograph Number	Subject
1	The Buffalo River
2	Bluffs on the Buffalo River
3	Former buildings of the Valley-Y Ranch
4	Farmland of Waymon Villines
5	Home of Waymon Villines
6	Walnut Grove Cemetery
7 & 8	Former home of "Granny" Henderson
9	Temporary new house for "Granny" Henderson
10	Arvel Casey at his store
11	Hap Teter
12 & 13	Ponds on the former Valley-Y Ranch cut by the National Park Service
14 & 15	Mill of Clyde Villines
16	Herb Van Deven
17	Site of the former home of Roy Keeton, Sr.
18	Machine shop of Roy Keeton, Jr. (now relocated in Ponca)
19	Beechwood Cemetery
20	Former home of Doy Edgmon
21	Hugh Ashley
22	Hilary Jones in the cemetery where many of his relatives are buried
23-25	Scenes of the Buffalo River taken from the former property of Hilary Jones
26	Trees cut by the National Park Service on the former property of Hilary Jones

Kent Anderson received his Ph.D. in history from the University of Washington in 1975. Prior to that, he was a pre-doctoral instructor in U.S. history at that same institution for three years. His dissertation was published by Greenwood Press in 1978 under the title of Television Fraud: The History Ind Implications of the Quiz Show Scandals as part of their Contributions in American Studies series. Currently he is writing an article on the Federal Communications Commission for an encyclopedia. Anderson has also worked for the U.S. Atomic Energy Commission, the U.S. Nuclear Regulatory Commission, and the C. V. Mosby Publishing Co. *Other research citations of Kent Anderson have appeared in Public Administration Review and the three volume work, Perspectives on Political Philosophy, edited by David. Kirk Hart and James Downton. Presently, Anderson teaches U. S. history at the University of Arizona.