U.S. Department of the Interior 

National Park Service 

American Battlefield Protection Program 

Update to the Civil War Sites Advisory Commission 

 Report on the Nation’s Civil War Battlefields

State of Kansas

Washington, DC 

 November 2010
Update to the Civil War Sites Advisory Commission Report on the Nation’s Civil War Battlefields 

DRAFT – State of Kansas 

Update to the Civil War Sites Advisory Commission 

Report on the Nation’s Civil War Battlefields 

State of Kansas 

U.S. Department of the Interior 

National Park Service 

American Battlefield Protection Program 

Washington, DC 

November 2010 

Authority 

The American Battlefield Protection Program Act of 1996, as amended by the Civil War 

Battlefield Preservation Act of 2002 (Public Law 107-359, 111 Stat. 3016, 17 December 

2002), directs the Secretary of the Interior to update the Civil War Sites Advisory 

Commission (CWSAC) Report on the Nation’s Civil War Battlefields. 

Acknowledgments 

NPS Project Team Paul Hawke, Project Leader; Kathleen Madigan, Survey Coordinator; 

Tanya Gossett, Paul Hawke, and January Ruck, Reporting; Matthew Borders, Historian; 

Kristie Kendall, Program Assistant 

Respondents Arnold W. Schofield, Mine Creek Battlefield State Historic Site 

Cover: Historic landscape at Mine Creek Battlefield State Historic Site. Photograph by Theresa 

Jenkins, Kansas Historical Society, 2008. 
Update to the Civil War Sites Advisory Commission Report on the Nation’s Civil War Battlefields 

DRAFT – State of Kansas 

Table of Contents 

ACKNOWLEDGMENTS .................................................................................................... 1

INTRODUCTION ............................................................................................................... 3

SYNOPSIS ........................................................................................................................ 5

METHOD STATEMENT ..................................................................................................... 7

RESEARCH AND FIELD SURVEYS ...................................................................................................... 7

QUESTIONNAIRES ....................................................................................................................... 10

SUMMARY OF CONDITIONS OF KANSAS’ CIVIL WAR BATTLEFIELDS ........................ 12

QUANTIFIED LAND AREAS ........................................................................................................... 12

CONDITION ASSESSMENTS ........................................................................................................... 12

REGISTRATION ........................................................................................................................... 14

STEWARDSHIP ............................................................................................................................ 14

PUBLIC ACCESS AND INTERPRETATION........................................................................................... 16

LOCAL ADVOCACY ..................................................................................................................... 16

INDIVIDUAL BATTLEFIELD PROFILES ........................................................................... 18

APPENDICES ................................................................................................................. 30

APPENDIX A. CIVIL WAR BATTLEFIELD LAND ACQUISITION GRANTS ................................................ 30

APPENDIX B. AMERICAN BATTLEFIELD PROTECTION PROGRAM PLANNING GRANTS .......................... 31

APPENDIX C. CIVIL WAR BATTLEFIELD PRESERVATION ACT OF 2002 ............................................... 32

APPENDIX D. BATTLEFIELD QUESTIONNAIRE ................................................................................. 35
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FINAL DRAFT – State of Kansas 3

Introduction 

The information in this report fulfills, in part, the purposes of the Civil War Battlefield 

Preservation Act of 2002 (Public Law 107-359, 111 Stat. 3016). Those purposes are: 

1) to act quickly and proactively to preserve and protect nationally significant Civil War 

battlefields through conservation easements and fee-simple purchases of those 

battlefields from willing sellers; and 

2) to create partnerships among state and local governments, regional entities, and the 

private sector to preserve, conserve, and enhance nationally significant Civil War 

battlefields. 

The Civil War Battlefield Preservation Act of 2002 directs the Secretary of the Interior, acting 

through the American Battlefield Protection Program (ABPP) of the National Park Service, to 

update the Civil War Sites Advisory Commission (CWSAC) Report on the Nation’s Civil War 

Battlefields. The CWSAC was established by Congress in 1991 and published its report in 1993. 

Congress provided funding for this update in FY2005 and FY2007. Congress asked that the 

updated report reflect the following: 

• Preservation activities carried out at the 384 battlefields identified by the CWSAC 

during the period between 1993 and the update; 

• Changes in the condition of the battlefields during that period; and 

• Any other relevant developments relating to the battlefields during that period. 

In accordance with the legislation, this report presents information about Civil War 

battlefields in Kansas for use by Congress, federal, state, and local government agencies, 

landowners, and other interest groups. Other state reports will be issued as surveys and 

analyses are completed. 
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Figure 1. CWSAC battlefields in Kansas. 
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FINAL DRAFT – State of Kansas 5

Synopsis 

There are four CWSAC battlefields in the State of Kansas - Baxter Springs, Lawrence, 

Marais des Cygnes, and Mine Creek. Historically, these battlefields encompassed more 

than 18,770 acres.1

 Today, about 13,793 acres (73 percent) of these landscapes survive.2 1,543 

acres are permanently protected, which represents approximately eight percent of the 

surviving battlefields’ landscapes. 

In 1993, the CWSAC used a four-tiered system that combined historic significance, current 

condition, and level of threat to determine priorities for preservation among the battlefields. 

Table 1 indicates how the CWSAC prioritized Kansas’ Civil War battlefields in their study. 

Table 1. CWSAC Preservation Priorities from 1993 

CWSAC Priority Battlefield County/City 

I Critical Need N/A N/A 

II Comprehensive Preservation 

Possible 

N/A N/A 

III Additional Protection Needed Mariais des Cygnes(KS004) Mine 

Creek (KS003) 

Linn 

Linn 

IV Fragmented/Destroyed Baxter Springs (KS002)

Lawrence (KS001 

Cherokee

Douglas 

Today, both of the battlefields identified as Priority III landscapes in 1993 retain more than 75 

percent of their integrity. While no battlefield remains completely unaltered since the Civil 

War, Marais des Cygnes and Mine Creek have experienced relatively little or only moderate 

change to their terrain and aboveground battle features in nearly 150 years (see Table 3).3

 

Although the 1864 battlefield at Marais des Cygnes retains more than 92 percent of its 

integrity, none of it is recognized officially as a battlefield landscape. Approximately 19 

percent of the land that retains integrity is protected by both the state and federal 

governments as part of larger wildlife management areas; none of this land is preserved as an 

historic battlefield resource. A nearby state historic site has the same place name as the Civil 

War battlefield, but was established to preserve and interpret the 1858 Marais des Cygnes 

Massacre – the last significant act of the Kansas/Missouri border war. Other than a Kansas 

Department of Transportation safety rest area containing a wayside exhibit with walking tour, 

there is no recognition or interpretation of the 1864 battlefield. Because so much of the 

battlefield retains good integrity, there exist opportunities for long-term comprehensive 

preservation and interpretation of the landscape. 

Mine Creek, with 75 percent of its landscape retaining integrity, is the only Civil War 

battlefield in Kansas listed in the National Register of Historic Places (NRHP). Slightly more 

than 280 acres – less than three percent of the battlefield – are listed in the NRHP. 

Additionally, these 280 acres are protected by the state as the Mine Creek Battlefield State 

 

1

 Using a GIS program, and accounting for overlapping areas, ABPP calculated that the Study Areas for the six battlefields in Kansas 

represent 18,771.21 acres. 

2

 Using a GIS program, and accounting for overlapping areas, ABPP calculated that the Potential National Register Boundaries for the 

four battlefields in Kansas represent 13,792.88 acres. 3

 The condition of archeological resources within the battlefields was not assessed. Future studies are needed to determine the degree of 

archeological integrity associated with subsurface battle deposits. 
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FINAL DRAFT – State of Kansas 6

Historic Site. The ABPP’s most recent survey indicates that more than 9,200 additional acres - 

approximately 75 percent of the battlefield - retain their historic character and could be 

added to the existing NRHP listing. 

Baxter Springs and Lawrence have suffered the greatest degree of modern intrusion. In 

1993, the CWSAC determined that these battlefields were substantially fragmented. Both 

battlefields are in urban settings and have undergone considerable change since the Civil War. 

The site of Fort Blair has been preserved by the Baxter Springs Historical Society, but there is 

no protected battlefield land in Lawrence. The ABPP did not identify any additional portions 

of landscape that retain historic integrity. These two battlefields bear little resemblance to 

the landscapes where the Civil War battles took place and today only commemorative and 

interpretive opportunities exist. 

See the Individual Battlefield Profiles for detailed condition assessments and preservation 

recommendations. The National Park Service will issue updated priorities after all CWSAC 

battlefields nationwide have been surveyed and all state reports have been completed. 

Figure 2: 787.25 acres of the Marais des Cygnes battlefield are within the U.S. Fish and Wildlife’s 

Marais des Cygnes National Wildlife Refuge. While not preserved as an historic resource, the land is 

considered protected. Photograph by USFWS. 
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FINAL DRAFT – State of Kansas 7

Method Statement

Congress instructed the Secretary of the Interior, acting through the American Battlefield 

Protection Program (ABPP), to report on changes in the condition of the battlefields since 

1993 and on “preservation activities” and “other relevant developments” carried out at each 

battlefield since 1993. To fulfill those assignments, the ABPP 1) conducted a site survey of 

each battlefield, and 2) prepared and sent out questionnaires to battlefield managers and 

advocacy organizations (see Appendix D). 

The 1993 significance rankings for each battlefield stand. Significance was assigned by the 

Civil War Sites Advisory Commission and the ABPP sustains the CWSAC’s opinions as to the 

relevant importance of each battle within the larger context of the war. 

Research and Field Surveys 

The surveys entailed additional historical research, on-the-ground documentation and 

assessment of site conditions, identification of impending threats to each site, and site 

mapping. Surveyors used a Global Positioning System (GPS) receiver to map historic features 

of each battlefield and used a Geographic Information System (GIS) program to draw site 

boundaries. The ABPP retains all final survey materials. Each battlefield survey file includes a 

survey form (field notes, list of defining features, list of documentary sources, and a photo 

log), photographs, spatial coordinates of significant features, and boundaries described on 

USGS topographic maps. The surveys did not include archeological investigations for reasons 

of time and expense. 

Study Areas and Core Areas 

The CWSAC identified a Study Area and a Core Area for each principal battlefield it surveyed 

in Kansas (see Figure 3). The CWSAC boundaries have proven invaluable as guides to local 

land and resource preservation efforts at Civil War battlefields. Since 1993 however, the 

National Park Service has refined its battlefield survey methodology, which include research, 

working with site stewards, identifying and documenting lines of approach and withdrawal 

used by opposing forces, and applying the concepts of military terrain analysis to all 

battlefield landscapes. The ABPP’s Battlefield Survey Manual explains the field methods 

employed during this study.4

 The surveys also incorporate the concepts recommended in the 

National Register of Historic Places’ Guidelines for Identifying, Evaluating, and Registering 

America’s Historic Battlefields, which was published in 1992 after the CWSAC completed its 

original assessments of the battlefields.5

Using its refined methodology, the ABPP was able to validate or adjust the CWSAC’s Study 

Area and Core Area boundaries to reflect more accurately the full nature and original 

resources of these battlefields (see Table 2). The refined methodology resulted in changes in 

the size of Study Areas, Core Areas, or both at each of the CWSAC battlefields in Kansas. It is 

important to note however, that the Study Area and Core Area boundaries are simply 

historical boundaries that describe where the battle took place; neither indicates the current 

integrity of the battlefield landscape, so neither can be used on its own to identify surviving 

portions of battlefield land that may merit protection and preservation. 

 

4

 American Battlefield Protection Program, “Battlefield Survey Manual,” (Washington, DC: National Park Service, revised 2007). 5

 National Register Bulletin 40, Guidelines for Identifying, Evaluating, and Registering America’s Historic Battlefields, 1992 , Revised 1999 

(Washington, DC: U.S. Department of the Interior, National Park Service, Interagency Resources Division).
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Figure 3: Boundary Definitions

The Study Area represents the historic 

extent of the battle as it unfolded across the 

landscape. The Study Area contains resources 

known to relate to or contribute to the battle 

event: where troops maneuvered and 

deployed, immediately before, during, and 

after combat, and where they fought during 

combat. Historic accounts, terrain analysis, 

and feature identification inform the 

delineation of the Study Area boundary. The 

Study Area indicates the extent to which 

historic and archeological resources 

associated with the battle (areas of combat, 

command, communications, logistics, medical 

services, etc.) may be found. Surveyors 

delineated Study Area boundaries for every 

battle site that was positively identified 

through research and field survey, regardless 

of its present integrity. 

The Core Area represents the areas of 

fighting on the battlefield. Positions that 

delivered or received fire, and the intervening 

space and terrain between them, fall within 

the Core Area. Frequently described as 

“hallowed ground,” land within the Core 

Area is often the first to be targeted for 

protection. There may be more than one 

Core Area on a battlefield, but all lie within 

the Study Area. 

Unlike the Study and Core Areas, which are 

based only upon the interpretation of historic 

events, the Potential National Register 

(PotNR) boundary represents ABPP’s 

assessment of a Study Area’s current integrity 

(the surviving landscape and features that 

convey the site’s historic sense of place). The 

PotNR boundary may include all or some of 

the Study Area, and all or some of the Core 

Area. Lands within PotNR boundaries should 

be considered worthy of further attention, 

although future evaluations may reveal more 

or less integrity than indicated by the ABPP 

surveys. 

Potential National Register Boundaries 

To address the question of what part of the 

battlefield remains reasonably intact and 

warrants preservation, this study introduced a 

third boundary line that was not attempted 

by the CWSAC: the Potential National 

Register boundary (see Figure 3).

Looking at each Study Area, the surveyors 

assigned PotNR boundaries where they 

judged that the landscape retained enough 

integrity to convey the significance of the 

historic battle. In a few cases, the PotNR 

boundary encompasses the entire Study Area. 

In most cases, however, the PotNR boundary 

includes less land than identified in the full 

Study Area. 

In assigning PotNR boundaries, the ABPP 

followed National Register of Historic Places 

(NRHP) guidelines when identifying and 

mapping areas that retain integrity and 

cohesion within the Study Areas.6

 Because the 

ABPP focuses only on areas of battle however, 

the Program did not evaluate lands adjacent 

to the Study Area that may contribute to a 

broader historical and chronological 

definition of “cultural landscape.” Lands 

outside of the Study Area associated with 

other historic events and cultural practices 

may need to be evaluated in preparation for a 

formal nomination of the cultural landscape. 

Most importantly, the PotNR boundary does 

not constitute a formal determination of 

eligibility by the Keeper of the National 

Register of Historic Places.

7

 The PotNR 

boundary is designed to be used as a planning 

tool for government agencies and the public. 

Like the Study and Core Area boundaries, the 

PotNR boundary places no restriction on 

private property use. 

The term integrity, as defined by the NRHP, is 

“the ability of a property to convey its 

 

6

 For general guidance about integrity issues and National Register of Historic Places properties, see National Park Service, How to Apply 

the National Register Criteria for Evaluation (Washington, DC: U.S. Department of the Interior, revised 1997). The survey evaluations 

described above do not meet the more stringent integrity standards for National Historic Landmark designation. See National Park 

Service, How to Prepare National Historic Landmark Nominations (Washington, DC: U.S. Department of the Interior, 1999), 36-37. 7

 See 36 CFR 60.1- 14 for regulations about nominating a property to the National Register of Historic Places and 36 CFR 63 for regulations 

concerning Determinations of Eligibility for inclusion in the National Register of Historic Places.
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FINAL DRAFT – State of Kansas 9

significance.”8 While assessments of integrity are traditionally based on seven specific 

attributes – location, design, setting, materials, workmanship, feeling, and association – 

battlefields are unique cultural resources and require special evaluation.“ Generally, the most 

important aspects of integrity for battlefields are location, setting, feeling and association,” 

and the most basic test for determining the integrity of any battlefield is to assess “whether a 

participant in the battle would recognize the property as it exists today.”9

 

Other conditions contribute to the degree of integrity a battlefield retains: 

• the quantity and quality of surviving battle-period resources (e.g., buildings, 

roads, fence lines, military structures, and archeological features); 

• the quantity and quality of the spatial relationships between and among 

those historic resources and the landscape that connects them; 

• the extent to which current battlefield land use is similar to battle-period 

land use; and 

• the extent to which a battlefield’s physical features and overall character 

visually communicates an authentic sense of the sweep and setting of the 

battle. 

The degree to which post-war development has altered and fragmented the historic landscape 

or destroyed historic features and viewsheds is critical when assessing integrity. 

Changes in traditional land use over time do not generally diminish a battlefield’s integrity. 

For example, landscapes that were farmland during the Civil War do not need to be in 

agricultural use today to be considered eligible for listing in the NRHP so long as the land 

retains its historic rural character. Similarly, natural changes in vegetation – woods growing 

out of historic farm fields, for example – do not necessarily lessen the landscape’s integrity. 

Some post-battle development is expected; slight or moderate change within the battlefield 

may not substantially diminish a battlefield’s integrity. A limited degree of residential, 

commercial, or industrial development is acceptable. These post-battle “non-contributing” 

elements are often included in the PotNR boundary in accordance with NRHP guidelines.10

Significant changes in land use since the Civil War do diminish the integrity of the battlefield 

landscape. Heavy residential, commercial, and industrial development; cellular tower and 

wind turbine installation; and large highway construction are common examples of such 

changes. Battlefield landscapes with these types of changes are generally considered as 

having little or no integrity. 

The PotNR boundaries therefore indicate which battlefields are likely eligible for future listing 

in the NRHP and likely deserving of future preservation efforts. If a surveyor determined that 

 

8

 National Park Service, National Register Bulletin 40, Guidelines for Identifying, Evaluating, and Registering America’s Historic Battlefields,

1992 , Revised 1999 (Washington, DC: U.S. Department of the Interior, National Park Service, Interagency Resources Division), 

http://www.nps.gov/nr/publications/bulletins/pdfs/NRB40.pdf. Archeological integrity was not examined during this study, but should 

be considered in future battlefield studies and formal nominations to the National Register. 9 National Park Service, National Register Bulletin 40, Guidelines for Identifying, Evaluating, and Registering America’s Historic Battlefields,

1992 , Revised 1999 (Washington, DC: U.S. Department of the Interior, National Park Service, Interagency Resources Division). 10 The ABPP looks only at the battle-related elements of a cultural landscape. Post-battle elements, while not contributing to the 

significance of the battlefield, may be eligible for separate listing in the National Register on their own merits.
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a battlefield was entirely compromised by land use incompatible with the preservation of 

historic features (i.e., it has little or no integrity), the ABPP did not assign a PotNR boundary.11 

In cases where a battlefield is already listed in the NRHP, surveyors reassessed the existing 

documentation based on current scholarship and resource integrity, and, when appropriate, 

provided new information and proposed new boundaries as part of the surveys. As a result, 

some PotNR boundaries will contain or share a boundary with lands already listed in the 

NRHP. In other cases, PotNR boundaries will exclude listed lands that have lost integrity (see 

Table 4.)12

The data from which all three boundaries are drawn do not necessarily reflect the full research 

needed for a formal NRHP nomination. PotNR boundaries are based on an assessment of 

aboveground historic features associated with the cultural and natural landscape. The surveys 

did not include a professional archeological inventory or assessment of subsurface features or 

indications. In some cases, future archeological testing will help determine whether 

subsurface features remain, whether subsurface battle features convey important information 

about a battle or historic property, and whether that information may help to confirm, refine, 

or refute the boundaries previously determined by historic studies and terrain analysis. 

The ABPP survey information should be reassessed during future compliance processes such as 

the Section 106 process required by the National Historic Preservation Act 13 and 

Environmental Impact Statements/Environmental Assessments required by the National 

Environmental Policy Act.14 Likewise, more detailed research and assessments should take 

place when any battlefield is formally nominated to the NRHP or proposed for designation as 

a National Historic Landmark (NHL). New research and intensive-level surveys of these sites 

will enlighten future preservation and compliance work. Agencies should continue to consult 

local and state experts for up-to-date information about these battlefields. 

While a portion of the Mine Creek battlefield has been listed in the NRHP (see Table 4), the 

ABPP has identified a PotNR boundary that could guide efforts to expand existing registration 

boundaries. Based on the ABPP’s evaluation, more than 75 percent of the total Study Area at 

Mine Creek retains integrity. There is no national designation for the 1864 battle of Marais 

des Cygnes. Based on the ABPP’s evaluation, more than 92 percent of the Study Area retains 

integrity and is likely eligible for listing in the NRHP. At Baxter Springs and Lawrence, the 

ABPP believes the Study Areas of these battlefields no longer retain enough integrity to merit 

listing as battlefield landscapes. 

Questionnaires 

While the ABPP maintains data about its own program activities at Civil War battlefields, most 

preservation work occurs at the local level. Therefore, to answer Congress's directive for 

information about battlefield preservation activities, the ABPP sought input from local 

battlefield managers and advocacy organizations. The ABPP distributed questionnaires 

 

11 National Park Service, National Register Bulletin 40, Guidelines for Identifying, Evaluating, and Registering America’s Historic 

Battlefields, 1992 , Revised 1999 (http://www.nps.gov/nr/publications/bulletins/pdfs/NRB40.pdf), offers recommendations regarding 

"Selecting Defensible Boundaries." While this document indicates that "generally, boundaries should not be drawn to include the 

portion of the route taken to the battlefield where there were no encounters," the Guidelines also state that "a basic principle is to include 

within the boundary all of the locations where opposing forces, either before, during or after the battle, took actions based on their 

assumption of being in the presence of the enemy." The ABPP interprets this latter guidance to mean all military activities that influenced 

the battle. See the individual battlefield profiles for information about military actions taken along the routes included. In accordance 

with the methodology of this study, if routes included in the Study Area retain integrity, they are included within the Potential National 

Register boundary for the battlefield landscape. 

12 The ABPP’s surveys and PotNR assessments do not constitute formal action on behalf of the office of the National Register of Historic 

Places. PotNR assessments are intended for planning purposes only; they do not carry the authority to add, change, or remove an official 

listing. 

13 16 USC 470f. 

14 42 USC 4331-4332.
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FINAL DRAFT – State of Kansas 11

designed to gather information about the types of preservation activities that have taken 

place at the battlefields since 1993. The Questionnaire is reproduced in Appendix D. 

In Kansas, the Superintendent of Mine Creek Battlefield State Historic Site provided 

information for all four Kansas battlefields. His responses, combined with the survey findings, 

allowed the ABPP to create a profile of conditions and activities at Kansas’ Civil War 

battlefields. 

Figure 4: The Mine Creek Battlefield State Historic Site, in partnership with the Mine Creek Battlefield 

Foundation, interprets the battle landscape at Mine Creek through a 1.5-mile walking trail with trail 

guide that allows visitors to discover and explore the history of the site. Photograph by Connie 

Langum, 2009. 
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FINAL DRAFT – State of Kansas 12

Summary of Conditions of Kansas’ Civil War Battlefields 

Quantified Land Areas 

Using a Geographic Information Systems program, the ABPP calculated the amount of land 

historically associated with the battle (Study Area), the amount of land where forces were 

engaged (Core Area), and the amount of land that may retain enough integrity to be eligible 

for listing in the National Register of Historic Places (NRHP) and that remains to be protected 

(Potential National Register boundary). 

As noted above, the Study Areas and Core Areas of Kansas’ Civil War battlefields have been 

established in accordance with ABPP research and field survey methodology. Particular 

attention was paid to identifying the routes of approach and withdrawal associated with each 

battle, and to identifying areas of secondary action that influenced the course or outcome of 

the battles.15 The Study Area and Core Area boundaries established for each battlefield take 

these movements and actions into account, recognizing the extent to which theses ancillary 

areas serve as battlefield features. 

Table 2. Battlefield Area Statistics

Battlefield Study Area Core Area PotNR Boundary 

Baxter Springs (KS002) 736.21 333.22 0.00 

Lawrence (KS001)) 914.77 386.94 0.00 

Marais des Cygnes (KS004) 4,930.85 1,589.31 4,573.82 

Mine Creek (KS003) 12,189.44 1,233.92 9,219.06 

Condition Assessments 

Using field survey data, the ABPP assessed the overall condition of each battlefield’s Study 

Area.

16 While no battlefield remains completely unaltered since the Civil War, the characterdefining features of Mine Creek and Marais des Cygnes remain intact, and the landscapes 

continue to reflect their association with the historic battles. 

At Marais des Cygnes, portions of the landscape have been altered, but most essential 

features remain. Light residential and agricultural development intrudes on the landscape, 

however, the potential growth of the city of Pleasonton over time could affect the southern 

portion of the Study Area. U.S 69/Kansas State Highway 52 runs through the battlefield and 

bisects the northern Core Area. The recent four-lane expansion of US 69 and the development 

of a large safety rest area near the town of Trading Post have affected the Core Area’s 

landscape. Comprehensive land use planning, land protection, NRHP designation, and 

interpretation would benefit this battlefield tremendously. 

 

15 National Register Bulletin 40, Guidelines for Identifying, Evaluating, and Registering America's Historic Battlefields 

(http://www.nps.gov/nr/publications/bulletins/pdfs/NRB40.pdf), offers recommendations regarding "Selecting Defensible Boundaries." 

While this document indicates that "generally, boundaries should not be drawn to include the portion of the route taken to the battlefield 

where there were no encounters," the Guidelines also state that "a basic principle is to include within the boundary all of the locations 

where opposing forces, either before, during or after the battle, took actions based on their assumption of being in the presence of the 

enemy." The ABPP interprets this latter guidance to mean all military activities that influenced the battle. See the individual battlefield 

profiles for information about military actions taken along the routes included. In accordance with the methodology of this study, if 

routes included in the Study Area retain integrity, they are included within the Potential National Register boundary for the battlefield 

landscape.

16 The condition of archeological resources within the battlefields was not assessed. Future studies are needed to determine the degree of 

archeological integrity associated with subsurface battle deposits. 
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FINAL DRAFT – State of Kansas 13

Mine Creek is also in very good condition. Approximately 75 percent of the Study Area 

maintains integrity, however, the growth of Pleasonton and Mound City has affected the 

northern approaches to the battlefield, and the skirmish site at Mound City has been lost. 

Future development at Pleasonton and Fulton in the southern portion of the Study Area, 

could affect the Core Areas at Mine Creek and Fort Lincoln. Comprehensive land use 

planning, land protection beyond the State Historic Site at Mine Creek, and additional NRHP 

designation would benefit Mine Creek’s battlefield landscape. 

Baxter Springs and Lawrence have lost integrity as historic landscapes. The growth of the 

city of Baxter Springs has destroyed the Baxter Springs battlefield. The site of Fort Blair has 

been preserved by the Baxter Springs Historical Society and archeological investigations may 

uncover important subsurface battle features within the city, but the opportunity to save the 

landscape of battle is gone. Commemoration and public interpretation of the battle are 

possible and appropriate. 

 

The rebuilding and growth of the city of Lawrence since the Civil War has destroyed the 

Lawrence battlefield. Although commemorative and public interpretation opportunities 

exist and are appropriate, there is no opportunity for meaningful landscape preservation. 

Table 3: Battlefield Condition Summary

Condition Battlefield 

Land use is little changed (0) None

Portions of landscape have been altered, but 

most essential features remain (2)

Mine Creek, Marais des Cygnes

Much of the landscape has been altered and 

fragmented, leaving some essential features (0)

None

Landscape and terrain have been altered 

beyond recognition (2)

Baxter Springs, Lawrence 

Battlefields that were not assessed (0) None

Figure 5: The northern section 

of Massachusetts Street was 

part of the Confederate 

approach route used during 

the battle of Lawrence. 

Almost no structures along this 

part of the route survived the 

raid and subsuquent burning 

of the city. Today the majority 

of the structures date from 

after 1864. Photograph by 

Connie Langum, 2009. 
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FINAL DRAFT – State of Kansas 14

Registration 

The nation’s official method for recognizing historic properties worthy of preservation is 

listing in the NRHP. Registered battlefields (those listed in the NRHP) meet national standards 

for documentation, physical integrity, and demonstrable significance to the history of our 

nation. Federal, state, and local agencies use information from the NRHP as a planning tool to 

identify and make decisions about cultural resources. Federal and state laws, most notably 

Section 106 of the National Historic Preservation Act of 1966, require agencies to account for 

the effects their projects (roads, wetland permits, quarrying, cell towers, etc.) may have on 

listed and eligible historic properties, such as battlefields. Listing allows project designers to 

quickly identify the battlefield and avoid or minimize impacts to the landscape. 

Properties listed in the NRHP may also be eligible for federal and state historic preservation 

grant programs. Recognition as an NRHP listed battlefield can advance public understanding 

of and appreciation for the battlefield, and may encourage advocacy for its preservation.17 

The only battlefield listed in the NRHP is Mine Creek. Slightly more than 280 acres are 

owned by the Kansas Historical Society and registered as a battlefield. This leaves more than 

8,900 acres, identified by the ABPP as being potentially eligible to be registered, that could be 

added to the existing NRHP designation. 

Marais des Cygnes has more than 4,570 acres within its PotNR. There is no existing NRHP 

listing for the battle, however, the battlefield appears to have enough integrity to support 

nomination to the NRHP as a battlefield. 

At Baxter Springs and Lawrence, the ABPP believes the Study Areas of these battlefields no 

longer retain enough integrity to merit listing in the NRHP as battlefield landscapes. 

Table 4. Acres Registered Compared with Acres Potentially 

Eligible to be Registered 

Battlefield Designation

ABPP 

PotNR 

Acres

Existing 

Registered 

Acres 

Acres 

Potentially 

Eligible to be 

Registerted 

Baxter Springs (KS002) 0.00 0.00 0.00 

Lawrence Massacre (KS001) 0.00 0.00 0.00 

Marais des Cygnes (KS004) 4,573.82 0.00 4,573.82 

Mine Creek (KS003) NRHP 9,219.06 280.42 8,938.64 

Stewardship

The only lands in Kansas protected for their role in the Civil War are those associated with the 

battle of Mine Creek. These include the 280-acre Mine Creek Battlefield State Historical Site, 

owned by the State and managed by the Kansas Historical Society, and 326 acres owned by 

the Mine Creek Battlefield Foundation. Of the 326 acres, 80 acres were purchased using Civil 

War Battlefield Acquisition Grant funds (see Appendix A.) 

 

17 There are three levels of federal recognition for historic properties: Congressional designations such as national park units, National 

Historic Landmarks, and listings in the National Register of Historic Places. Congress creates national park units. The Secretary of the 

Interior designates National Historic Landmarks (NHL) – nationally significant historic sites – for their exceptional value or quality in 

illustrating or interpreting the heritage of the United States. The National Register of Historic Places (NRHP) is the nation’s official list of 

cultural sites significant at the national, state, or local level and worthy of preservation. Historic units of the National Park System and 

NHLs are also listed in the National Register of Historic Places. 
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At Marais des Cygnes, a portion of the battlefield (approximately 19 percent) is conserved 

for the purpose of natural wildlife habitat conservation. The U.S. Fish and Wildlife Service and 

the Kansas Department of Fish and Wildlife together manage more than 937 acres of land at 

the Marais des Cygnes battlefield. Although the battlefield landscape is not managed as 

an historic resource, the wildlife refuge does protect the integrity of the historic landscape. 

Other than the site of Fort Blair, managed by the Baxter Springs Historical Society, there is no 

protected land at either Baxter Springs or Lawrence.

Table 5. Protective Stewardship of Intact Battlefield Land*

Battlefield ABPP PotNR 

Acres

Permanently 

Protected Acres

Unprotected, Intact 

Acres Remaining 

Baxter Springs (KS002) 0.00 0.00 0.00 

Lawrence Massacre (KS001) 0.00 0.00 0.00 

Marais des Cygnes (KS004) 4,573.82 937.25 3,636.57 

Mine Creek (KS003) 9,219.06 606.00 8,613.06 

Total 13,792.88 1,543.25 12,249.63 

* For details, see each site's Individual Battlefield Profile.

Figure 6: The brush 

arbor near Fort Blair, 

part of the battle of 

Baxter Springs, was 

used as a dining area 

for the fort’s 

garrison. It was here 

that soldiers from the 

2nd Kansas USCT 

were having lunch 

when Confederate 

attackers approached 

Fort Blair. This area is 

preserved by the 

Baxter Springs 

Historical Society. 

Photograph by 

Connie Langum, 

2009. 
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Public Access and Interpretation 

In its questionnaire (see Appendix D), the ABPP asked battlefield stewards about the types of 

public access and interpretation available at the battlefield. The ABPP did not collect 

information about the purpose or intent of the interpretation and access, such as whether a 

wayside exhibit was developed for purely educational reasons, to promote heritage tourism, 

or to boost local economic development. 

There is some form of public access at all four battlefields. Wildlife management areas are 

open to the public at Marais des Cygnes, while Baxter Springs’ and Lawrence’s urban 

settings encourage visitors to walk or drive through the community. Mine Creek is the only 

battlefield, however, with public access and facilities specifically dedicated to the 

interpretation of the battlefield landscape. 

The ABPP asked respondents to indicate the type of interpretation available at or about the 

battlefield. The categories included brochures, driving tours, living history demonstrations, 

maintained historic features or areas, walking tours and trails, wayside exhibits, websites, and 

other specialized programs. The results indicate that all of Kansas’ Civil War battlefields offer 

some degree of public interpretation, but only Mine Creek has a maintained historic area 

and a visitor’s center dedicated to the interpretation of the battle. At Baxter Springs, the 

Baxter Springs Historical Society interprets the battle through a walking tour, at the site of 

Fort Blair, and at the Baxter Springs Heritage Center and Museum. The Lawrence Chamber of 

Commerce provides interpretation of the battle of Lawrence through a brochure and driving 

and walking tours. At Marais des Cygnes, a wayside exhibit and walking tour are available 

at a Kansas Department of Transportation safety rest area near the town of Trading Post. 

Additional details regarding the interpretation activities undertaken at the four Kansas 

battlefields are included within the Individual Battlefield Profiles of each battlefield. 

Table 6: Interpretation Summary

On-site Interpretation Battlefield

Battlefields with public interpretation, 

including visitors center (1) 

Mine Creek (KS003) 

Battlefields with public interpretation, but no 

visitors center (3) 

Baxter Springs (KS002), Marais des

Cygnes (KS004) Lawrence (KS001) 

Battlefields with no public interpretation (0) None

Local Advocacy 

Nonprofit organizations play important roles in protecting historic battlefields. These 

organizations step in to preserve historic sites when public funding and management for 

historic preservation are absent. When public funding is available, nonprofits serve as vital 

partners in public-private preservation efforts, acting as conduits for public funds, raising 

critical private matching funds, keeping history and preservation in the public eye, and 

working with landowners to find ways to protect battlefield parcels. 

The most active nonprofit advocate for Civil War battlefield preservation in Kansas is the Mine 

Creek Battlefield Foundation. The Foundation has been actively purchasing land at the site of 

the battle of Mine Creek with assistance from the American Battlefield Protection Program’s 

Civil War Battlefield Land Acquisition Grants, the United States Department of 

Transportation’s Transportation Enhancement Grants, and the Civil War Preservation Trust.
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The Mine Creek Battlefield Foundation also provides support for the Mine Creek State Historic 

Site and advocates for the battlefield in the local community. 

While other organizations with more general historical interests may also play important roles 

in preserving Kansas’ Civil War battlefields, the Mine Creek Battlefield Foundation is the only 

known local organization in Kansas dedicated solely to the goals of Civil War battlefield 

preservation. 

Figure 7: The Mine Creek Battlefield Foundation, working with the Civil War Preservation 

Trust, was awarded an American Battlefield Protection Program Civil War Battlefield Land 

Acquisition Grant [Federal Land and Water Conservation Fund] to aid in preserving 

battlefield land at Mine Creek. Photograph by Mine Creek Battlefield Foundation. 
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Individual Battlefield Profiles 

Battlefield Profile Glossary

Location County or city in which the battlefield is located. 

Campaign Name of military campaign of which the battle was part. Campaign 

 names are taken from The War of the Rebellion: a Compilation of 

 the Official Records of the Union and Confederate Armies. 

 

Battle Date(s) Day or days upon which the battle took place, as determined by the 

 Civil War Sites Advisory Commission. 

Principal Commanders Ranking commanders of opposing forces during the battle. 

Forces Engaged Name or description of largest units engaged during the battle. 

Results Indicates battle victor or inconclusive outcome. 

Study Area Acreage determined by the ABPP to represent the full extent of land 

associated with the historic battle. 

Potential National Acreage of land that retains historic character and may be eligible for

Register Lands listing in the National Register of Historic Places (see Table 2). 

 

Protected Lands Estimated acreage (based on questionnaires and GIS) of battlefield 

land that is in public or private non-profit ownership, or is under 

permanent protective easement, and is managed specifically for 1) 

the purposes of maintaining the historic character of the landscape 

and for preventing future impairment or destruction of the landscape 

and historic features, or for 2) a conservation purpose and use 

compatible with the goals of historic landscape preservation. 

Publicly Accessible Estimated acreage (based on responses to questionnaires) 

Lands within the Study Area maintained for public visitation. 

 

Management Area Name of historic site, park, or other area maintained for battlefield 

resource protection and/or public visitation.

Friends Group(s) Name of local advocacy organization(s) that support preservation 

 activities at/for the battlefield. 

Preservation Indicates which types of preservation activities have taken place at 

Activities the battlefield since 1993 (based on responses to questionnaires). 

Since 1993 

 

Public Indicates which types of interpretation/educational activities have 

Interpretation taken place at the battlefield since 1993 (based on responses 

Since 1993 to questionnaires).

Condition Statement The ABPP’s assessment of the overall condition of the battlefield’s 

Study Area (based on field surveys and responses to questionnaires). 

Historical Designation Notes the most prestigious federal historical designation the 

battlefield has received (i.e. national park unit, National Historic 

Landmark, or National Register of Historic Places). 
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Baxter Springs (KS002) 

Location Cherokee County 

Campaign Occupation of Indian Territory North of the Arkansas River (1863) 

Battle Date(s) October 6, 1863 

Principal Commanders Lieutenant James B. Pond (Fort Baxter) and Major General James G. 

Blunt [US]; Lieutenant Colonel William C. Quantrill [CS] 

Forces Engaged Fort Baxter garrision: one company of the 2nd Kansas United States 

Colored Troops, portions of C Company and D Company,3rd Wisconsin 

Cavalry; Blunt's Escort: Company I, 3rd Wisconsin Cavalry, Company A, 

14th Kansas Cavalry [US]; Quantrill’s Raiders [CS] 

Results Confederate Victory 

Study Area 736.21 acres 

The ABPP changed the 1993 Study Area to reflect more accurate 

information pertaining to the Confederate and Federal approach routes. 

Additional research also led to a reduction of the 1993 Core Area. The 

reduced Core Area now focuses on the actual area of attack on Fort Baxter 

(Fort Blair) and the massacre site of Major General Blunt's escort by 

Quantrill and his men. 

Potential National 0.00 acres 

Register Lands 

Protected Lands 0.00 acres 

Publicly Accessible Lands 3.00 acres (site of Fort Blair) 

 Baxter Springs Historical Society 

Management Area(s) None 

Friends Group(s) Baxter Springs Historical Society

Preservation Activities Advocacy 

Since 1993 Cultural Resource Surveys and Inventories 

 Fundraising 

9 Interpretation Projects 

 Land or Development Rights Purchased 

 Legislation 

 Planning Projects

 Research and Documentation 

Public Interpretation 9 Brochure(s)

Since 1993 9 Driving Tour

 Living History 

 Maintained Historic Features/Areas 

Visitor Center 

9 Walking Tour/Trails 

9 Wayside Exhibits/Signs

9 Website: http://www.baxterspringsmuseum.org 

 Other 
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Condition Statement Baxter Springs has lost integrity as an historic landscape. Other than 

the site of Fort Blair, the growth of the city of Baxter Springs has 

destroyed the Civil War battlefield. Few opportunities for cultural 

resource preservation exist beyond what has been saved and 

maintained. Commemoration and public interpretation of the battle, 

however, are possible and appropriate. 

Historical Designation None 
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Lawrence (KS001) 

Location Douglas County 

Campaign Quantrill’s Raid into Kansas (1863) 

Battle Date(s) August 21, 1863 

Principal Commanders None [US]; Lieutenant Colonel William C. Quantrill [CS] 

Forces Engaged None, civilian forces only [US]; Quantrill’s Raiders 

Results Confederate victory 

Study Area 914.77 acres 

 The 1993 CWSAC Study Area was expanded to include Quantrill’s 

approach to Lawrence southeast of present-day South Park and 

Quantrill's movements west of Lawrence. The 1993 Core Area was redrawn 

to include the primary streets of Lawrence where the main portion of the 

attack occurred and was expanded across the Kansas River to include the 

area of fighting on the north side of the river. 

Potential National 0.00 acres 

Register Lands 

Protected Lands 0.00 acres 

Publicly Accessible Lands 0.00 acres 

Management Area(s) None 

Friends Group(s) None

Preservation Activities Advocacy 

Since 1993 Cultural Resource Surveys and Inventories 

 Fundraising 

9 Interpretation Projects 

 Land or Development Rights Purchased 

 Legislation 

 Planning Projects

 Research and Documentation 

Public Interpretation 9 Brochure(s) 

Since 1993 9 Driving Tour

 Living History 

 Maintained Historic Features/Areas 

 Visitor Center 

9 Walking Tour/Trails 

9 Wayside Exhibits/Signs

 Website 

 Other 

Condition Statement Lawrence has lost integrity as an historic landscape. The growth of 

the city of Lawrence has destroyed any evidence of the Civil War 

battlefield. Although there is no opportunity for meaningful 

landscape preservation, commemorative and interpretive 

opportunities are possible and appropriate 
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Historical Designation None 
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Marais des Cygnes (KS004) 

Location Linn County 

Campaign Price’s Missouri Expedition (1864) 

Battle Date(s) October 25, 1864 

Principal Commanders Major General Alfred Pleasonton [US]; Major General James F. Fagan and 

Brigadier General John S. Marmaduke [CS] 

Forces Engaged 2nd Provisional Cavalry Division, Army of the Border [US]; Fagan’s and 

Marmaduke’s Divisions, Army of Missouri [CS] 

Results Union victory 

Study Area 4,930.85 acres 

The 1993 CWSAC Study Area was originaly drawn to include both the 

battles at Marais des Cygnes and Mine Creek. The Study Area was reduced 

to include only the areas associated with the battle of Marais des Cygnes. 

The fighting to the south – the battle of Mine Creek – was removed. The 

Study Area to the north was refined to reflect better the location of the 

historic military road. The existing Core Area to the north was redrawn to 

include the Federal flanking manuver while a second Core Area was added 

to the south to reflect the fighting around Muddy Creek. 

Potential National 4,573.82 acres 

Register Lands 

Protected Lands 937.25 acres 

 Kansas Department of Fish and Wildlife, Marais des Cygnes Wildlife Area 

 150 acres, fee simple 

 U.S. Department of Fish and Wildlife, Marais des Cygnes National Wildlife 

 Refuge, 787.25 acres, fee simple 

Publicly Accessible Lands 937.25 acres 

 Kansas Department of Fish and Wildlife, Marais des Cygnes Wildlife Area 

 150 acres 

 U.S. Department of Fish and Wildlife, Marais des Cygnes National Wildlife 

 Refuge, 787.25 acres 

 

Management Area(s) Marais des Cygnes Wildlife Area 

 Marais des Cygnes National Wildlife Refuge 

Friends Group(s) None

Preservation Activities Advocacy

Since 1993 Cultural Resource Surveys and Inventories

 Fundraising 

 Interpretation Projects 

Land or Development Rights Purchased 

 Legislation 

 Planning Projects 

Research and Documentation 

 Other 

Public Interpretation Brochure(s)

Since 1993 Driving Tour 

 Living History 
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 Maintained Historic Features/Areas 

 Visitor Center 

9 Walking Tour/Trails 

9 Wayside Exhibits/Signs 

 Website 

 Other 

Condition Statement Portions of the landscape have been altered, but most essential 

features remain. The battlefield maintains a high degree of integrity. 

The potential growth of the city of Pleasonton could affect the 

southern portion of the Study Area. U.S 69/Kansas State Highway 52 

bisects the northern Core Area and the recent four-lane expansion 

and development of a large safety rest area have affected the Core 

Area’s landscape. A combination of comprehensive land use planning, 

land protection, NRHP designation, and interpretation would benefit 

this battlefield tremendously. 

Historical Designation None 
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Mine Creek (TX001) 

Location Linn County 

Campaign Price’s Missouri Expedition (1864) 

Battle Date(s) October 25, 1864 

Principal Commanders Major General Alfred Pleasonton [US]; Major General Sterling Price [CS] 

Forces Engaged The 1st and 4th Brigades, 2nd Provisional Cavalry Division, Army of the 

Border, 2nd Brigade, 1st Provisional Cavalry Division, Army of the 

Border (Mound City and Fort Lincoln) [US]; Fagan and Marmaduke's 

Divisions, Army of Missouri, Shelby's Division, Army of Missouri (Little 

Osage River) [CS] 

Results Union victory 

Study Area 12,189.44 acres 

The 1993 CWSAC Study Area was originaly drawn to include both the 

battles at Marais des Cygnes and Mine Creek. The Study Area was 

reduced to include only the areas associated with the battle of Mine 

Creek. The fighting to the north – the battle of Marais des Cygnes – was 

removed. The redrawn Study Area focuses not only on the fighting 

around Mine Creek and the Little Osage River, but also the associated 

skirmishing at Mound City and Fort Lincoln. Additional Core Areas were 

added at Little Osage River, Mound City, and Fort Lincoln to reflect the 

additional areas of fighting. 

Potential National 9,219.06 acres 

Register Lands 

Protected Lands 606.00 acres 

State of Kansas, Mine Creek Battlefield State Historic Site, 

 280.00 acres 

Mine Creek Battlefield Foundation, 

 326.00 acres (easements held by the State of Kansas) 

 

Publicly Accessible Lands 606.00 acres 

 State of Kansas, Mine Creek Battlefield State Historic Site, 280 acres 

 Mine Creek Battlefield Foundation, 326.00 acres 

Management Area(s) Mine Creek Battlefield State Historic Site 

Friends Group(s) Mine Creek Battlefield Foundation, Inc. 

 

Preservation Activities 9 Advocacy 

Since 1993 Cultural Resource Surveys and Inventories

9 Fundraising 

9 Interpretation Projects 

9 Land or Development Rights Purchased 

 Legislation 

9 Planning Projects 

9 Research and Documentation 

Public Interpretation 9 Brochure(s)

Since 1993 Driving Tour

 Living History 

9 Maintained Historic Features/Areas 
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9 Visitor Center 

9 Walking Tour/Trails 

 Wayside Exhibits/Signs 

9 Website: 

 http://www.minecreek.org

Other 

Condition Statement Portions of the landscape have been altered, but most essential 

features remain. The battlefield maintains a high degree of integrity. 

The only major impacts are in and around Mound City where modern 

development has damaged the approach route and Core Area and 

Pleasonton where development has impacted the approach route to 

Mine Creek. Comprehensive land use planning, land protection 

beyond the Mine Creek Battlefield State Historic Site, and additional 

NRHP designation would benefit this battlefield landscape.

Historical Designation National Register of Historic Places (Battle of Mine Creek Site, 1973) 

 
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Appendices 

Appendix A. Civil War Battlefield Land Acquisition Grants 

The Civil War Battlefield Preservation Act of 2002 (PL 107-359) amended the American 

Battlefield Protection Act of 1996 (16 USC 469k) to authorize a matching grant program to 

assist States and local communities in acquiring significant Civil War battlefield lands for 

permanent protection. Most recently, Congress showed its continued support for these grants 

through its reauthorization of this program within the Omnibus Public Land Management Act 

of 2009 (PL 111-11). 

Eligible battlefields are those listed in the 1993 Report on the Nation’s Civil War Battlefields 

prepared by the Congressionally chartered Civil War Sites Advisory Commission (CWSAC). 

Eligible acquisition projects may be for fee interest in land or for a protective interest such as a 

perpetual easement. 

Since 1998, Congress has appropriated a total of $38.9 million for this Civil War Battlefield 

Land Acquisition Grants (CWBLAG) Program. These grants have assisted in the permanent 

protection of more than 15,550.00 acres at 62 Civil War battlefields in 14 states. To date, 

$40,000.00 CWBLAG monies have been used in Kansas at Mine Creek. Given the success of 

battlefield land and easement acquisition in other states, additional grants can help protect 

historic lands at Mine Creek and Marais des Cygnes battlefields in the future. 

Battlefield CWSAC 

Priority 

Acres 

Acquired 

CWBLAG 

Funds

Total 

Non-Federal 

Leveraged Funds 

Total 

Acquisition 

Mine Creek 3 80 $40,000.00 $80,000.00 $120,000.00
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Appendix B. American Battlefield Protection Program Planning Grants 

Since 1992, ABPP has offered annual planning grants to nonprofit organizations, academic 

institutions, and local, regional, state, and tribal governments to help protect battlefields 

located on American soil. Applicants are encouraged to work with partner organizations and 

federal, state, and local government agencies as early as possible to integrate their efforts into 

a larger battle site protection strategy. ABPP has awarded $20,000.00 to Kansas’ Civil War 

battlefields. 

Grantee Year Project Title Award 

Mine Creek Battlefield Foundation 2000 Mine Creek Battlefield Brochure $20,000 
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Appendix C. Civil War Battlefield Preservation Act of 2002 

Public Law 107-359, 111 Stat. 3016, 17 December 2002 

Amends the American Battlefield Protection Program Act of 1996 (16 U.S.C. 469k) 

An Act 

 

To amend the American Battlefield Protection Act of 1996 to authorize the Secretary of the Interior to 

establish a battlefield acquisition grant program. 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress 

assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ``Civil War Battlefield Preservation Act of 2002''. 

SEC. 2. FINDINGS AND PURPOSES. 

 (a) Findings.--Congress finds the following 

 (1) Civil War battlefields provide a means for the people of 

 the United States to understand a tragic period in the history 

 of the United States. 

 (2) According to the Report on the Nation's Civil War 

 Battlefields, prepared by the Civil War Sites Advisory 

 Commission, and dated July 1993, of the 384 principal Civil War 

 battlefields-- 

 (A) almost 20 percent are lost or fragmented; 

 (B) 17 percent are in poor condition; and 

 (C) 60 percent have been lost or are in imminent 

 danger of being fragmented by development and lost as 

 coherent historic sites. 

 (b) Purposes.--The purposes of this Act are-- 

 (1) to act quickly and proactively to preserve and protect 

 nationally significant Civil War battlefields through 

 conservation easements and fee-simple purchases of those 

 battlefields from willing sellers; and 

 (2) to create partnerships among State and local 

 governments, regional entities, and the private sector to 

 preserve, conserve, and enhance nationally significant Civil War 

 battlefields. 

SEC. 3. BATTLEFIELD ACQUISITION GRANT PROGRAM. 

The American Battlefield Protection Act of 1996 (16 U.S.C. 469k) is amended-- 

 (1) by redesignating subsection (d) as paragraph (3) of 

 subsection (c), and indenting appropriately; 

 (2) in paragraph (3) of subsection (c) (as redesignated by 

 paragraph (1))-- 

 (A) by striking ``Appropriations'' and inserting 

 ``appropriations''; and 

 (B) by striking ``section'' and inserting 

 ``subsection''; 
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 (3) by inserting after subsection (c) the following 

 ``(d) Battlefield Acquisition Grant Program.-- 

 ``(1) Definitions.--In this subsection 

 ``(A) Battlefield report.--The term `Battlefield 

 Report' means the document entitled `Report on the 

 Nation's Civil War Battlefields', prepared by the Civil 

 War Sites Advisory Commission, and dated July 1993. 

 ``(B) Eligible entity.--The term `eligible entity' 

 means a State or local government. 

 ``(C) Eligible site.--The term `eligible site' means 

 a site-- 

 ``(i) that is not within the exterior 

 boundaries of a unit of the National Park System; 

 and 

 ``(ii) that is identified in the Battlefield 

 Report. 

 ``(D) Secretary.--The term `Secretary' means the 

 Secretary of the Interior, acting through the American 

 Battlefield Protection Program. 

 ``(2) Establishment.--The Secretary shall establish a 

 battlefield acquisition grant program under which the Secretary 

 may provide grants to eligible entities to pay the Federal share 

 of the cost of acquiring interests in eligible sites for the 

 preservation and protection of those eligible sites. 

 ``(3) Nonprofit partners.--An eligible entity may acquire an 

 interest in an eligible site using a grant under this subsection 

 in partnership with a nonprofit organization. 

 ``(4) Non-federal share.--The non-Federal share of the total 

 cost of acquiring an interest in an eligible site under this 

 subsection shall be not less than 50 percent. 

 ``(5) Limitation on land use.--An interest in an eligible 

 site acquired under this subsection shall be subject to section 

 6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16 

 U.S.C. 460l-8(f)(3)). 

 ``(6) Reports.-- 

 ``(A) In general.--Not later than 5 years after the 

 date of the enactment of this subparagraph, the 

 Secretary shall submit to Congress a report on the 

 activities carried out under this subsection. 

 ``(B) Update of battlefield report.--Not later than 

 2 years after the date of the enactment of this 

 subsection, the Secretary shall submit to Congress a 

 report that updates the Battlefield Report to reflect-- 

 ``(i) preservation activities carried out at 

 the 384 battlefields during the period between 

 publication of the Battlefield Report and the 

 update; 

 ``(ii) changes in the condition of the 

 battlefields during that period; and 

 ``(iii) any other relevant developments 

 relating to the battlefields during that period. 

 ``(7) Authorization of appropriations.-- 

 ``(A) In general.--There are authorized to be 

 appropriated to the Secretary from the Land and Water 

 Conservation Fund to provide grants under this 

 subsection $10,000,000 for each of fiscal years 2004 

 through 2008. 
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 ``(B) Update of battlefield report.--There are 

 authorized to be appropriated to the Secretary to carry 

 out paragraph (6)(B), $500,000.''; and 

 (4) in subsection (e)-- 

 (A) in paragraph (1), by striking ``as of'' and all 

 that follows through the period and inserting ``on 

 September 30, 2008.''; and 

 (B) in paragraph (2), by inserting ``and provide 

 battlefield acquisition grants'' after ``studies''. 

-end- 
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Appendix D. Battlefield Questionnaire 

State 

Battlefield 

Person Completing Form 

Date of completion 

I. Protected Lands of the Battlefield (“Protected lands” are these “owned” for historic preservation 

or conservation purposes. Please provide information on land protected since 1993.) 

Identify protected lands by parcel since 1993. Then answer these questions about each parcel, 

following example in the chart below. What is the acreage of each parcel? Is parcel owned fee simple, 

by whom? Is there is an easement, if so name easement holder? Was the land purchased or the 

easement conveyed after 1993? What was cost of purchase or easement? What was source of funding 

and the amount that source contributed? Choose from these possible sources: Coin money, LWCF, Farm 

Bill, State Government, Local Government, Private Owner, Private Non-Profit (provide name), or Other 

(describe). 

Parcel Acres Owner Easement Year Cost Source 

Joe Smith Farm 194 Private SHPO 1995 $500,000 LWCF/$250,000 

 Private/$250,000 

Sue Jones Tract 16 Battlefield Friends, Inc. No 2002 $41,000 State/$20,000 

 BFI/$21,000 

2) Other public or non-profit lands within the battlefield? (Y/N) 

• If yes, describe 

• Name of public or non-profit owner or easement holder 

• Number of Acres owned/held 

3) Is the information in a GIS? (Y/N) 

 If yes, may NPS obtain a copy of the data? (Y/N) 
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II. Preservation Groups

1) Is there a formal interested entity (friends group, etc) associated with the battlefield? (Y/N)

 If yes 

 Name 

 Address 

 Phone 

 Fax 

 E-mail 

 Web site? (Y/N) 

 If yes, what is the URL? 

 Does the web site have a preservation message? (Y/N) 

 What year did the group form? 

III. Public Access and Interpretation

1) Does the site have designated Public Access? (Y/N) (Count public roads if there are designated 

interpretive signs or pull-offs) 

If yes, what entity provides the public access (Access may occur on lands owned in fee or under 

 easement to the above entities) 

F Federal government 

F State government 

F Local government 

F Private Nonprofit organization 

F Private owner 

F Other 

Name of entity (if applicable) 

Number of Acres Accessible to the Public (size of the area in which the public may physically visit 

without trespassing. Do not include viewsheds.) 

2) Does the site have interpretation? (Y/N) 

If yes, what type of interpretation is available? 

F Visitor Center 

F Brochure(s) 

F Wayside exhibits 

F Driving Tour 

F Walking Tour 

F Audio tour tapes 

F Maintained historic features/areas 

F Living History 

F Website 

F Other

IV. Registration 

Applies only to the battlefield landscape, not to individual contributing features of a battlefield 

(i.e., the individually listed Dunker Church property of .2 acres does not represent the Antietam 

battlefield for the purposes of this exercise) 

1) Is the site a designated National Historic Landmark? (Y/N) 

 If yes, NHL and ID Number 

2) Is the site listed in the National Register? (Y/N)

 If yes, NRHP Name and ID Number 

3) Is the site listed in the State Register? (Y/N) 

 If yes, State Register Name and ID Number 
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4) Is the site in the State Inventory? (Y/N) 

 If yes, State Inventory Name and ID Number 

5) Is the site designated as a local landmark or historic site? (Y/N) 

 Type of Designation/Listing 

V. Program Activities

What types of preservation program activities have occurred at the battlefield? Provide final 

product name and date if applicable (e.g., Phase I Archeological Survey Report on the Piper Farm, 

1994 and Antietam Preservation Plan, 2001, etc.) 

1) Research and Documentation 

2) Cultural Resource surveys and inventories (building/structure and landscape inventories, 

archeological surveys, landscape surveys, etc.) 

3) Planning Projects (preservation plans, site management plans, cultural landscape reports, etc.) 

4) Interpretation Projects (also includes education) 

5) Advocacy (any project meant to engage the public in a way that would benefit the preservation 

of the site, e.g. PR, lobbying, public outreach, petitioning for action, etc.) 

6) Legislation (any local, state, or federal legislation designed to encourage preservation of the 

battlefield individually or together with other similar sites) 

7) Fundraising 

a. To support program activities? 

b. To support land acquisition/easements? 

8) Other