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 North Dakota

 Washington, DC 

 June 2010 
Update to the Civil War Sites Advisory Commission 

Report on the Nation’s Civil War Battlefields 

State of North Dakota 

U.S. Department of the Interior 

National Park Service 

American Battlefield Protection Program 

Washington, DC 

June 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 and January Ruck, Reporting; Matthew Borders, Historian; Kristie Kendall, 

Program Assistant 

Battlefield Surveyor(s) Matthew Borders and Kathleen Madigan, American Battlefield 

Protection Program 

Respondents Keith Giesler, Whitestone Hill Battlefield Historical Society; Diane Rogness, 

State Historical Society of North Dakota; Paul Van Ningen, U.S. Fish and Wildlife Service, 

Long Lake Wetland Management District; and Jeb R. Williams, North Dakota Game and 

Fish Department 

Cover: Killdeer Mountain is among North Dakota’s most pristine battlefields, but oil 

industry interest in sub-surface resources may pose a threat to the historic topography. 

Exploratory drilling has had negligible impact so far, but any full-scale effort to extract 

oil from this area will devastate the landscape. Photograph by Matthew Borders, 2008. 
Table of Contents 

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

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

SYNOPSIS ........................................................................................................................ 4

METHOD STATEMENT ..................................................................................................... 6

RESEARCH AND FIELD SURVEYS ...................................................................................................... 6 

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

SUMMARY OF CONDITIONS OF NORTH DAKOTA’S CIVIL WAR BATTLEFIELDS ......... 11

QUANTIFIED LAND AREAS ........................................................................................................... 11 

CONDITION ASSESSMENTS ........................................................................................................... 11 

REGISTRATION ........................................................................................................................... 13

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

PUBLIC ACCESS AND INTERPRETATION........................................................................................... 15 

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

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

APPENDICES ................................................................................................................. 34

APPENDIX A. CIVIL WAR BATTLEFIELD PRESERVATION ACT OF 2002 ............................................... 34 

APPENDIX B. BATTLEFIELD QUESTIONNAIRE ................................................................................. 37 

APPENDIX C. CIVIL WAR BATTLEFIELD LAND ACQUISITION GRANTS ................................................ 40 

APPENDIX D. AMERICAN BATTLEFIELD PROTECTION PROGRAM PLANNING GRANTS .......................... 41 
Update to the Civil War Sites Advisory Commission Report on the Nation’s Civil War Battlefields 

Final DRAFT – State of North Dakota 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 North Dakota 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. 

Figure 1. CWSAC Battlefields in North Dakota 
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Final DRAFT – State of North Dakota 4 

Synopsis 

There are five CWSAC battlefields in the State of North Dakota – Big Mound, Dead 

Buffalo Lake, Killdeer Mountain, Stony Lake, and Whitestone Hill. Historically, these 

battlefields encompassed almost 42,210 acres.1

 Today, nearly all of this land retains 

sufficient significance and integrity to make the landscapes where U.S. and American 

Indian combatants fought during the Civil War worthy of preservation.2

 

At present, only 302 acres, or less than one percent, of these historic landscapes are 

permanently protected. Most of the battlefield land that is preserved has been protected 

for its role as wildlife habitat, not for its association with events of the Civil War. The 

North Dakota Game and Fish Department has preserved more than 196 acres of the Big 

Mound battlefield within the boundaries of its Tappen Slough Wildlife Management 

Area. The U.S. Fish and Wildlife Service protects almost 28 acres of battlefield land (24.19 

acres at Big Mountain and 3.43 acres at Dead Buffalo Lake) within the boundaries of 

the Long Lake Wetland Management District. Only the State Historical Society of North 

Dakota, with 0.34 acres at Big Mound, 1 acre at Killdeer Mountain, and 76 acres at 

Whitestone Hill, protects battlefield land for the purpose of interpreting the historic 

significance of these landscapes. 

In 1993, the CWSAC identified all of North Dakota’s battlefields as landscapes where 

additional protection was needed. Based on current conditions and potential for future 

threat, the ABPP believes all five battlefields should be viewed as higher priorities for 

preservation.

Each of North Dakota’s battlefields remains a good candidate for comprehensive 

preservation, but Killdeer Mountain is most at-risk. While exploratory oil well drilling 

has had little effect on the battlefield’s condition so far, industrial scale extraction of the 

sub-surface resources at Killdeer Mountain could destroy the landscape and associated 

viewsheds in the near future. 

Of North Dakota’s five battlefields, only Whitestone Hill benefits from the efforts of a 

nonprofit group. As a partner of the State Historical Society of North Dakota, the 

Whitestone Hill Battlefield Historical Society (WHBHS) advocates for preservation and 

interpretation at Whitestone Hill. Throughout the country, groups like the WHBHS 

provide consistent, long-term support in the absence of, or in support of, state action. In 

North Dakota, the development of additional groups could help mitigate foreseen and 

unforeseen future threats at Big Mound, Dead Buffalo Lake, Killdeer Mountain and 

Stony Lake. 

Finally, the ABPP found no battlefield land protected by easement in North Dakota. 

Preservation easements allow private property owners to keep their land and receive tax 

benefits, while prohibiting future development of the land. In many other states, 

easements are used to protect battlefield parcels when fee simple purchase is not viable. 

Given the remote, rural locations of North Dakota’s five battlefields, fee simple purchase 

may continue to be the primary method of protecting land, but easements are a powerful 

preservation tool that should be considered for use in the state. 

 

1

Using GIS software, and accounting for overlapping areas, ABPP calculated that the Study Areas for the seven battlefields in North 

Dakota represent 42,209.80 acres. 

2

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

battlefields of North Dakota represent 42,209.80 acres. 
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Final DRAFT – State of North Dakota 5 

Figure 2. Sunflower fields in the Stony Lake battlefield study area. Because North Dakota is 

primarily an agricultural state, viewsheds and topography at its Civil War battlefields are 

remarkably pristine. Photograph by Kathleen Madigan, 2008.

Table 1 indicates how the CWSAC prioritized North Dakota’s Civil War battlefields in 1993. 

The National Park Service will issue updated priorities after all of the CWSAC battlefields 

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

Table 1: CWSAC Preservation Priorities from 1993 

 

CWSAC Priority Battlefield County/City

 I Critical Need None N/A 

 II Comprehensive Preservation 

Possible

None N/A

 III Additional Protection Needed Big Mound (ND001)

Dead Buffalo Lake (ND002) 

Killdeer Mountain (ND005) 

Stony Lake (ND003) 

Whitestone Hill (ND004) 

Kidder County

Kidder County 

Dunn County 

Burleigh County 

Dickey County

 IV Fragmented/Destroyed None N/A
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Final DRAFT – State of North Dakota 6 

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 site 

surveys of each battlefield and 2) prepared and sent out questionnaires to battlefield 

managers and advocacy organizations (see Appendix B). 

Research and Field Surveys 

The ABPP conducted the field assessments of North Dakota battlefields in August and 

September of 2008. 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 established a Study Area and a Core Area for five principal battlefields in 1993 

(see Figure 3 for definitions) – Big Mound, Dead Buffalo Lake, Killdeer Mountain, 

Stony Lake, and Whitestone Hill. The CWSAC boundaries have proven invaluable as 

guides to local land and resource preservation efforts at Civil War battlefields. However, 

since 1993, 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.3

 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.4

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). At each of North Dakota’s surveyed 

battlefields, the refined methodology resulted in significant increases to the sizes of the 

Study Area and Core Area. It is important to note that the Study Area and Core Area 

boundaries are based on the review of historic source material, drawn to indicate where 

the battle took place, and convey only the location of the battlefield; neither takes the 

current condition nor alterations to the historic landscape into consideration. For this 

reason, they should not be used to define surviving portions of a battlefield that merit 

protection and preservation without further evaluation. 

 

3

 American Battlefield Protection Program, “Battlefield Survey Manual,” (Washington, DC: National Park Service, revised 2007). 4

 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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Final DRAFT – State of North Dakota 7 

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 4).

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.5

 However, 

because the ABPP focuses only on areas of 

battle, 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.

6

 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. 

 

5

 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. 

6

 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 North Dakota 8 

The term integrity, as defined by the NRHP, is “the ability of a property to convey its 

significance.”7

 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.”8

 

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 communicate 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 “noncontributing” elements are often included in the PotNR boundary in accordance with 

NRHP guidelines.9

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 

 

7

 National Park Service, National Register of Historic Places 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. 8 National Park Service, National Register of Historic Places 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). 

9

 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 of Historic Places on their own merits.
Update to the Civil War Sites Advisory Commission Report on the Nation’s Civil War Battlefields 

Final DRAFT – State of North Dakota 9 

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 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.10 

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 integrity11

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 12 and 

Environmental Impact Statements/Environmental Assessments required by the National 

Environmental Policy Act.13 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. 

No known effort has been undertaken to list any of North Dakota’s battlefields in the 

National Register of Historic Places (see Table 4). The ABPP believes, however, all five 

battlefield landscapes have enough integrity to merit listing.14

 

10 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. 11 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. 

12 16 USC 470f. 

13 42 USC 4331-4332.
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Final DRAFT – State of North Dakota 10 

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 carry out the Congressional 

directive for information about activities at the battlefields, the ABPP sought input from 

local battlefield managers and advocacy organizations. The ABPP distributed 

questionnaires 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 B. 

In North Dakota, representatives from three organizations responded to ABPP’s inquiries. 

Their responses, combined with the survey findings, allowed the ABPP to create a profile 

of conditions and activities at North Dakota’s Civil War battlefields. 

Figure 4. The rolling plains of Big Mound battlefield, like most lands associated with Civil War 

battles in North Dakota, retain superb integrity. Little effort, however, has been made to formally 

protect these historic landscapes. Photograph by Kathleen Madigan, 2008. 
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Final DRAFT – State of North Dakota 11 

Summary of Conditions of North Dakota’s Civil War Battlefields 

Quantified Land Areas 

Using Geographic Information Systems software, 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 and as Table 2 illustrates, the Study Areas and Core Areas of North 

Dakota’s 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. Please see the individual battlefield profiles for more information 

about the extent of and reasons for the established boundaries. 

Condition Assessments 

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

Area. While no battlefield remains completely unaltered since the Civil War, there has 

been no significant alteration to the character defining features of North Dakota’s five 

battlefields during the past 150 years.16 Viewsheds and topography within the Study Areas 

of Big Mound, Dead Buffalo Lake, Killdeer Mountain, Stony Lake, and Whitestone 

Hill are remarkably pristine. The excellent condition of these landscapes where U.S. Army 

 

15 National Register of Historic Places 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. 

Table 2. Battlefield Area Statistics 

   Battlefield Study Area Core Area 

PotNR 

Boundary

   Big Mountain (ND001) 13,760.37 5,660.71 13,760.37

   Dead Buffalo Lake (ND002) 4,449.43 743.46 4,449.43

   Killdeer Mountain (ND005) 17,339.64 5,414.41 17,339.64

   Stony Lake (ND003) 6,323.45 801.54 6,323.45

   Whitestone Hill (ND004) 2,548.96 373.68 2,548.96

                    
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Final DRAFT – State of North Dakota 12 

and American Indian combatants fought provides a unique opportunity – all five of North 

Dakota’s Civil War battlefields could be protected completely and permanently. 

At Big Mound, landscape features such as the lake where U.S. forces camped and first 

engaged the Sioux, ridges that concealed Sioux attackers, and the “Big Mound” upon 

which U.S. forces employed their artillery, retain integrity. 

While portions of Interstate 94 run through Dead Buffalo Lake and Stony Lake, the 

road has had minimal impact on the integrity of these battlefields. The rolling prairie 

landscapes and viewsheds of these historic places have changed little since the time of 

battle. 

The landscape of Whitestone Hill has suffered very little alteration, but “green” energy 

producing wind turbines have the potential to alter the historic character of this and other 

battlefields in North Dakota. Existing wind turbines north of Whitestone Hill do not 

currently affect the viewshed or topography of the battlefield, but southward expansion 

of the wind farm could pose a threat in the future. 

Figure 5. Although wind 

turbines serve as a source for 

sustainable energy, the 

technology poses as much 

threat to the historic character 

of battlefield landscapes as oil 

wells. The wind farm located 

north of Whitestone Hill is 

not visible from the 

battlefield, but expansion into 

the Study Area would 

significantlyalter the integrity 

of the landscape’s viewshed. 

Photograph by Kathleen 

Madigan, 2008. 
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Final DRAFT – State of North Dakota 13 

The rocky hills and surrounding plains of the Killdeer Mountain have changed little since 

the Civil War, but increasing interest in sub-surface resource extraction represents a 

significant threat to the historic landscape. Although exploratory drilling has had 

negligible impact on the topography so far, any full-scale effort to extract sub-surface 

resources from this area will devastate the battlefield’s integrity. Oil industry activity in 

this area makes Killdeer Mountain North Dakota’s most threatened battlefield. 

Table 3: Condition Summary 

Condition Battlefield 

Land use is little changed (5) Big Mound, Dead Buffalo Lake, Killdeer 

Mountain, Stony Lake, Whitestone Hill 

Portions of landscape have been altered, but 

most essential features remain (0)

None

Much of the landscape has been altered and 

fragmented, leaving some essential features 

(0)

None

Landscape and terrain have been altered 

beyond recognition (0)

None

Registration 

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

listing in the NRHP. Registered battlefields 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 are also eligible for numerous federal and state historic 

preservation grant programs. Recognition as a registered battlefield may also advance 

public understanding of and appreciation for the battlefield, and may encourage advocacy 

for its preservation.17 

As Table 4 indicates, none of North Dakota’s Civil War battlefields have been listed in the 

NRHP, but the ABPP has found more than 44,420 acres of land in North Dakota are likely 

eligible for listing based on association with these battles and a high degree of physical 

integrity. 

 

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. 
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Final DRAFT – State of North Dakota 14 

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

Big Mound (ND001) None 13,760.37 0.00 13,760.37

Dead Buffalo Lake 

(ND002) None 4,449.43 0.00 4,449.43

Killdeer Mountain (ND005) None 17,339.64 0.00 17,339.64

Stony Lake (ND003) None 6,323.45 0.00 6,323.45

Whitestone Hill (ND004) None 2,548.96 0.00 2,548.96

Totals 44,421.85 0.00 44,421.85

Stewardship 

More than 40,000 acres of the land associated with North Dakota’s Civil War battlefields 

remains intact, but little effort has been made to formally protect these historic places. 

Only about 302 acres are permanently preserved. Through fee simple purchase, state and 

federal stewards have protected more than 222 acres at Big Mound, more than three 

acres at Dead Buffalo Lake, one acre at Killdeer Mountain, and 76 acres at 

Whitestone Hill. The rest remains in private, unprotected ownership. 

The North Dakota Game and Fish Department, with 196.92 acres preserved at Big Mound, 

protects more battlefield land at its Tappen Slough Wildlife Management Area than any of 

the state’s other stewards. 

The State Historical Society of North Dakota, with 0.34 acres at Big Mound, 1 acre at 

Killdeer Mountain, and 76 acres at Whitestone Hill, manages a little more than 77 acres 

of protected battlefield land. The U.S Fish and Wildlife Service provides the remaining 

stewardship, with 24.19 acres of preserved land at Big Mound, and 3.43 acres preserved at 

Dead Buffalo Lake, within the boundaries of the Long Lake Wetland Management 

District. There are no protected lands at Stony Lake. 

While landscape preservation efforts in other states have benefited greatly from the 

purchase of development rights in the form of easements, this tool has not been utilized 

for the protection of battlefields in North Dakota. Preservation easements provide land 

protection without burdening the holder with the obligations associated with fee simple 

ownership. Federal, State, and local easement programs and tax incentives could 

encourage private property owners to willingly protect North Dakota’s remarkable 

battlefield landscapes. 
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Table 5. Protective Stewardship of Intact Battlefield Land* 

  

Battlefield ABPP PotNR 

Acres

Permanently 

Protected Acres

Unprotected, 

Intact Acres 

Remaining

   Big Mound (ND001) 13,760.37 222.05 13,538.32

   Dead Buffalo Lake (ND002) 4,449.43 3.43 4,446.00

   Killdeer Mountain (ND005) 17,339.64 1.00 17,338.64

   Stony Lake (ND003) 6,323.45 0.00 6,323.45

   Whitestone Hill (ND004) 2,548.96 76.00 2,472.96

Totals 44,421.85 302.48 44,119.37

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

 

Public Access and Interpretation 

In its questionnaire, 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. 

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 all of North 

Dakota’s five Civil War battlefields offer some degree of public interpretation. While 

resources are limited at Big Mound, Killdeer Mountain, Dead Buffalo Lake, and Stony 

Lake, there has been a visitor center at Whitestone Hill since 1945. 

Almost 222 acres of the Big Mound battlefield are accessible to the public. Management 

areas included within this total are the Big Mound State Historic Site, the Tappen Slough 

Wildlife Management Area, and the Long Lake Wetland Management District. Together, 

these sites provide physical public access to less than two percent of the entire Big Mound

battlefield landscape. 

At Whitestone Hill, there are 76 acres of battlefield land accessible for public visitation 

within the boundaries of Whitestone Hill Battlefield State Historic Site. This area 

represents approximately three percent of land within the historic landscape. 

More than three acres of Dead Buffalo Lake are publically accessible within the 

boundaries of the U.S. Fish and Wildlife Service’s O’Neal Waterfowl Protection Area. One 

acre of land is accessible at Killdeer Mountain within the boundaries of the Killdeer 

Mountain State Historic Site. At both Dead Buffalo Lake and Killdeer Mountain, the 

accessible land represents less than one percent of the battlefield’s historic extent. There is 

no public access at Stony Lake battlefield, but interpretive signage placed along Old State 

Highway 10 by the Township of Driscoll commemorates the site.
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Table 6: Interpretation Summary

On-site Interpretation Battlefield

Battlefields with public interpretation, including 

visitors center (1)

Whitestone Hill (ND004) 

Battlefields with public interpretation, but no 

visitors center (4)

Big Mound (ND001) 

Killdeer Mountain (ND005) 

Dead Buffalo Lake (ND002) 

Stony Lake (ND003) 

Battlefields with no public interpretation (0)

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 Big Mound, Dead Buffalo Lake, Killdeer Mountain, and Round Stony Lake

battlefields do not have nonprofit groups to advocate for preservation interests. Only 

Whitestone Hill benefits from the efforts of a private nonprofit group. 

Since 1986, the Whitestone Hill Battlefield Historical Society has worked with State 

Historical Society of North Dakota to preserve and interpret Whitestone Hill’s battlefield 

landscape. The organization sponsors an annual concert to raise funds for the historic site 

and participates in the State Historical Society of North Dakota’s annual Education Day, 

among other activities. 

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

roles in preserving North Dakota’s battlefields, the Whitestone Hill Battlefield Historical 

Society is the only known local organization in North Dakota dedicated solely to the goals 

of battlefield preservation, interpretation, and promotion. 
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Figure 6. At battlefields across the county, non-profit organizations form partnerships with state 

and federal stewards to preserve the historic landscapes in their communities. Without the benefit 

of this local support, damage to the cultural resources and interpretive installations may go 

unchecked. Photograph by Kathleen Madigan, 2008. 
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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). 

Individual Battlefield Profiles 
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Big Mound (ND001) 

Location Kidder County 

Campaign Operations against the Sioux in North Dakota (1863) 

Battle Date(s) July 24-25, 1863 

Principal Commanders Brigadier General Henry Hastings Sibley [US]; Chief Inkpaduta [I] 

Forces Engaged District of Minnesota [US]; Santee Sioux (Northern Sisseton and 

Wahpekute) and Teton Sioux (Hunkpapa and Sihasapa [Blackfeet]) [I] 

Results Union victory 

Study Area 13,760.37 acres 

 The Study Area was extended slightly to the south to reflect the route 

taken by U.S. cavalry, with infantry and artillery following, as they 

pursued the retreating Sioux (after breaking-off pursuit, U.S. forces used 

this same route to withdraw seven miles back toward Big Mound to 

camp for the night). The Core Area was expanded to the south to 

encompass the full extent of this running battle. 

Potential National 13,760.37 acres 

Register Lands 

 

Protected Lands 222.05 acres 

North Dakota Game and Fish Department, 196.92 acres, fee simple 

U.S. Fish and Wildlife Service, 24.79 acres, fee simple 

State Historical Society of North Dakota, 0.34 acres, fee simple 

Publicly Accessible Lands 222.05 acres 

Tappen Slough Wildlife Management Area, North Dakota Game 

and Fish Department, 196.92 acres 

Long Lake Wetland Management District, U.S. Fish and Wildlife 

Service, 24.79 acres 

Big Mound State Historic Site, State Historical Society of North 

Dakota, 0.01 acres 

McPhaill’s Butte, State Historical Society of North Dakota, 0.33 acres 

Management Area(s) Big Mound State Historic Site 

 Long Lake Wetland Management District 

 Tappen Slough Wildlife Management Area 

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 
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 Living History 

 Maintained Historic Features/Areas 

 Visitor Center 

9 Walking Tour/Trails 

9 Wayside Exhibits/Signs 

 Website 

 Other 

Condition Statement Land use is little changed since the period of significance and 

there are no immediate threats to the integrity of the battlefield 

features. Historic terrain features such as the lake where U.S. 

forces camped and first engaged the Sioux, ridges that concealed 

Sioux attackers, and the U.S. artillery position on “Big Mound” 

remain intact.

Historical Designation None
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Dead Buffalo Lake (ND002) 

Location Kidder County 

Campaign Operations against the Sioux in North Dakota (1863) 

Battle Date(s) July 26, 1863 

Principal Commanders Brigadier General Henry Hastings Sibley [US]; Chief Inkpaduta [I] 

Forces Engaged District of Minnesota [US]; Santee Sioux (Wahpekute) and Teton Sioux 

(Hunkpapa and Sihasapa [Blackfeet]) [I] 

Results Union victory 

Study Area 4,449.43 acres 

The Study Area was extended in the north to include the route 

taken by U.S. forces from their encampment as they resumed 

pursuit of the Sioux combatants they had engaged at Big Mound 

the day before. The Core area was expanded to the south to 

include battleground extending out from the southern and eastern 

shores of Dead Buffalo Lake. 

Potential National 4,449.43 acres 

Register Lands 

Protected Lands 3.43 acres 

U.S. Fish and Wildlife Service, fee simple 

 

Publicly Accessible Lands 3.43 acres

 Long Lake Wetland Management District, U.S. Fish and Wildlife 

 Service 

Management Area(s) Long Lake Wetland Management District 

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 

Public Interpretation Brochure(s) 

Since 1993 Driving Tour 

 Living History 

 Maintained Historic Features/Areas 

 Visitor Center 

 Walking Tour/Trails 

 Wayside Exhibits/Signs 

 Website 

 Other 
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Condition Statement Land use is little changed since the period of significance and 

there are no immediate threats to the integrity of the historic 

battlefield features. Although Interstate 94 runs through the 

southern portion of the battlefield’s Study Area, the rolling prairie 

landscape, along with Dead Buffalo Lake and surrounding 

viewsheds, remains unchanged since the time of battle. 

Historical Designation None 
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Killdeer Mountain (ND005) 

Location Dunn County 

Campaign Sully’s Expedition against the Sioux in Dakota Territory (1864) 

Battle Date(s) July 28-29, 1864 

Principal Commanders Brigadier General Alfred Sully [US]; Chief Inkpaduta [I] 

Forces Engaged Army detachments of 8th Minnesota Infantry, 2nd Minnesota Cavalry, 

3rd Minnesota Battery, Brackett’s Minnesota Battalion of Cavalry, 6th

Iowa Cavalry, 7th Iowa Cavalry, Dakota Cavalry Regiment, Nebraska 

Scouts, Pope’s Prairie Battery [US]; Santee Sioux (Wahpekute), Teton 

Sioux (Hunkpapa, Miniconjou, Sans Arc, and Sihasapa [Blackfeet]), and 

Yankton-Yanktonai Sioux (Pabaksa [Cuthead] and Yanktonai) [I] 

Results Union victory 

Study Area 17,339.64 acres 

The 1993 Study Area boundary was redefined in the northwest and 

southwest to exclude areas that were not historically associated 

with the battle. In the west, the Study Area was expanded to 

include the route of the Sioux advance. To the north and northeast, 

the Study Area was enlarged to include the full extent of U.S. and 

Sioux movements. In the southeast, the boundary was expanded to 

include the entire engagement area. 

Potential National 17,339.64 acres 

Register Lands 

Protected Lands 1.00 acres 

State Historical Society of North Dakota, fee simple 

Publicly Accessible Lands 1.00 acres 

Killdeer Mountain State Historic Site, State Historical Site of North 

Dakota

Management Area(s) Killdeer Mountain State Historic Site 

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 Brochure(s) 

Since 1993 Driving Tour 

 Living History 

9 Maintained Historic Features/Areas 

 Visitor Center 

9 Walking Tour/Trails 

 
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9 Wayside Exhibits/Signs

 Website 

 Other 

Condition Statement Land use is little changed since the period of significance, but oil 

industry interest in mineral rights development is a steadily 

increasing threat at Killdeer Mountain. 

Historical Designation None 
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Stony Lake (ND003) 

Location Burleigh County 

Campaign Operations against the Sioux in North Dakota (1863) 

Battle Date(s) July 28, 1863 

Principal Commanders Brigadier General Henry Hastings Sibley [US]; Chief Inkpaduta [I] 

Forces Engaged District of Minnesota [US]; Santee Sioux (Wahpekute) and Teton 

Sioux (Hunkpapa and Sihasapa [Blackfeet]) [I] 

Results Union victory 

Study Area 6,323.45 acres 

 The 1993 Study Area was enlarged to include the movements of U.S. 

forces as they pursued the Sioux Indians withdrawing from the battle of 

Dead Buffalo Lake. The Study Area was also expanded in the northeast 

to include the movement of the Sioux as they withdrew from the Stony 

Lake battlefield. 

Potential National 6,323.45 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 

 Interpretation Projects 

 Land or Development Rights Purchased 

 Legislation 

 Planning Projects 

 Research and Documentation 

Public Interpretation Brochure(s) 

Since 1993 Driving Tour 

 Living History 

 Maintained Historic Features/Areas 

 Visitor Center 

 Walking Tour/Trails 

9 Wayside Exhibits/Signs 

 Website 

 Other
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Condition Statement Land use is little changed since the period of significance and 

there are no immediate threats to the integrity of the battlefield 

landscape. With the exception of Interstate 94, which bisects the 

battlefield, the landscape and surrounding viewsheds of Stony 

Lake remain intact. 

Historical Designation None 
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Whitestone Hill (ND004) 

Location Dickey County 

Campaign Operations against the Sioux in North Dakota (1863) 

Battle Date(s) September 3-5, 1863 

Principal Commanders Brigadier General Alfred Sully [US]; Chief Inkpaduta [I] 

Forces Engaged Army detachments of: 6th Iowa Cavalry, 2nd Nebraska Cavalry, 

Dakota Cavalry, 7th Iowa Cavalry, 45th Iowa Infantry [US]; Santee 

Sioux (Sisseton and Wahpekute), Teton Sioux (Hunkpapa and 

Sihasapa [Blackfeet]), and Yankton-Yanktonai Sioux (Pabaksa 

[Cuthead], and Yankton) [I] 

Results Union victory 

Study Area 2,548.96 acres 

The Study Area boundary was redefined to remove areas that were 

not historically associated with the battle. Two small Core Areas 

were merged and expanded to form a single large Core Area. This 

unified boundary now contains all of the land over which the 

combatants fought.

Potential National 2,548.96 acres 

Register Lands 

Protected Lands 76.00 acres 

State Historical Society of North Dakota, fee simple 

 

Publicly Accessible Lands 76.00 acres 

Whitestone Hill Battlefield State Park, State Historical Society of 

North Dakota 

Management Area(s) Whitestone Hill Battlefield State Park 

Friends Group(s) Whitestone Hill Battlefield Historical Society (1986)

Preservation Activities Advocacy 

Since 1993 9 Cultural Resource Surveys and Inventories

 Fundraising 

9 Interpretation Projects 

 Land or Development Rights Purchased 

 Legislation 

9 Planning Projects 

9 Research and Documentation 

 Other 

Public Interpretation Brochure(s)

Since 1993 Driving Tour

9 Living History

 Maintained Historic Features/Areas 

9 Visitor Center

 Walking Tour/Trails 

 Wayside Exhibits/Signs

 
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9 Website 

 Other 

Condition Statement Land use is little changed since the period of significance. There 

are no immediate threats to the historic terrain features, however 

wind turbines have been placed on the flat lands to the north. If 

more of these massive structures are installed within the Study 

Area or viewshed of Whitestone Hill, the integrity of the 

battlefield could be compromised. 

Historical Designation None 
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Appendices 

Appendix A. 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 
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Final DRAFT – State of North Dakota 35 

 ``appropriations''; and 

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

 ``subsection''; 

 (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.-- 
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Final DRAFT – State of North Dakota 36 

 ``(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. 

 ``(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 B. 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.) 

1) 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 
39

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

 If yes, State Register Name and ID Number 

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 
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Appendix C. 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 continuing support for these 

grants when it reauthorized 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 15,742.00 acres at 61 Civil War battlefields in 14 states. No 

program funding has been used to protect battlefields in North Dakota to date, but all five 

of the state’s battlefields are eligible to apply for CWBLAG money. 
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Update to the Civil War Sites Advisory Commission Report on the Nation’s Civil War Battlefields 

Final DRAFT – State of North Dakota

Appendix D. 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. In North Dakota, the ABPP has already 

awarded $26,843.00 for work at Whitestone Hill. All five battlefields in the state are 

eligible to apply for funding. 

Grantee Year Project Title Award 

 

State Historical Society of 2008 Whitestone Hill Battlefield Archeological $26,843.00

North Dakota Survey and National Register Nomination 

Total ABPP Planning Grants to North Dakota Battlefields as of FY2009 $26,843.00