The South Lawrence Trafficway (SLT) is a proposed highway by-pass meant to connect I-70, west of Lawrence, to K-10, east of town. As the name implies, the highway would run south of Lawrence. This project is unnecessary and fiscally irresponsible. In addition, the Sierra Club opposes the SLT because it would endanger the Haskell-Baker wetlands, encourage sprawl-style development south and west of Lawrence, and intrude upon areas of historic, cultural, and religious importance to Native Americans.

The Kansas Department of Transportation (KDOT) finished the western half of the SLT in 1996. It runs from the Lecompton exit on I-70 to Iowa St., where it ends at the "bridge to nowhere." In 2001, KDOT applied to the U.S. Army Corps of Engineers for a permit to build the eastern half. The fight over KDOT getting this permit is the next big phase of this conflict. Currently, everyone is awaiting the results of an Environmental Impact Statement (EIS) being done for KDOT by the firm HNTB. KDOT has publicly said that they hope to get a completed EIS by spring, 2002. Getting the EIS any later would likely delay the start of construction until after the very pro-highway Graves administration is out of office, and KDOT fears a new administration would kill the SLT. KDOT's timeline suffered a severe blow, however, when the Corps announced in December, 2001 that they would allow all 557 federally-recognized tribes the opportunity to comment on the proposed highway.

To illustrate its commitment to opposing the SLT, the executive committee of the Kansas Chapter of the Sierra Club met in Lawrence in November of 2001, toured the Baker Wetlands, and issued a statement pledging to fight the SLT through all legal means. Right now, the Chapter is in a holding pattern, like everyone else, waiting for the results of the EIS. In the meantime, we are working with other Lawrence-area groups on submitting an application to put the Haskell-Baker Wetlands on the National Registry of Historic Places.

Fighting the SLT, like all successful environmental efforts, will require lots of grassroots support. No matter where you live in Kansas, you can contact KDOT right now through the website www.southlawrencetrafficway.org and tell them you oppose the SLT. People in and around Lawrence should send the same message to members of the Lawrence City and Douglas County Commissions.

Finally, people all across Kansas should contact their state legislators to express concern about the extraordinary cost of building the SLT, especially given the dismal condition of the state's budget. The SLT will be an particularly expensive road to build because of bribes KDOT has offered various segments of the community in order to silence their opposition. During the summer of 2001, KDOT reached an agreement with the Bureau of Indian Affairs (BIA), which administers Haskell, that the BIA would not oppose a 32nd St. alignment for the SLT if KDOT tore up 31st St, restored the old roadway to wetland, and returned the wetland to Haskell. In January, 2002, KDOT agreed to give Baker a deal worth $8.5 million as long as the university does not oppose building the SLT across the wetlands. Included in the deal is money to build a nature center less than a mile from the existing Prairie Park Nature Center. It hardly makes sense for KDOT to lavish this much money on a single highway at a time when communities all across Kansas are crying out for money for transportation projects.

Back to Top

Why Does Sierra Club Oppose the SLT So Strongly?

1) THE Kansas Department of Transportation has yet to identify a need for the SLT
At one time, SLT supporters claimed that the by-pass would ease congestion on 23rd St. They now concede that the SLT will do nothing to help 23rd. Instead, supporters make vague statements that the need for the road is obvious, without ever discussing the criteria used to make this judgment. The only justification listed on KDOT's official SLT website (www.southlawrencetrafficway.org) is that the by-pass will be an important link between Topeka, Lawrence, and the Kansas City area. They do not address the obvious objection that these three are already linked by I-70, which transects Topeka, which is accessible within 15 minutes from anywhere in Lawrence, and which connects with K-7, I-435, and I-635 providing full access to all of Johnson County.

2) KDOT has not dealt honestly with the community in promoting this project
Throughout the SLT's long history, KDOT has seemed more interested in building a highway, no matter what the cost, than in working with Lawrence to meet the community's transportation needs. When a diverse group of community stakeholders met last year to discuss the SLT, one of the few things they could all agree on was that KDOT and its officials were "arrogant" and "untrustworthy". Even people who supported the SLT felt this way about KDOT. More remarkably, a local official with the Corps of Engineers has publicly criticized Mike Rees, KDOT's lead person on the SLT, for undermining the process and not acting in good faith. Given KDOT's sorry record of following its own agenda and ignoring the community, we view any project spearheaded by KDOT with skepticism.

3) The SLT would damage sensitive environmental areas
There are now 4 potential routes for the SLT under consideration by KDOT. Three of these routes (32nd St., 35th St., and 38th St.) run through the Baker Wetlands (see map at www.southlawrencetrafficway.org) This 573-acre site, owned by Baker University in Baldwin City, sits on the northern bank of the Wakarusa River. It is home to 225 species of birds, and multitudes of plants and other wildlife. It includes 40 acres of virgin prairie. Every fall, hundreds of school children and other members of the public tag thousands of butterflies at the Wetlands. The tags help researchers from Monarch Watch at the University of Kansas track the butterflies' migration (see www.monarchwatch.org). The National Park Service recognized it as a National Natural Landmark in 1969, and Kansas designated it a Natural and Scientific Area in 1987. It is true that the area has not always been in such a natural state, but it is clearly now a diverse, healthy, functioning wetland ecosystem that cleans our water, protects against floods, acts as a nursery and sanctuary for wildlife, and provides the other benefits associated with wetlands (see www.ramsar.org/values_intro_e.html for discussion of these benefits). Running a highway through the Wetlands would do serious, permanent injury.

4) The SLT would desecrate areas scacred to Indians
Any of the proposed SLT alignments north of the Wakarusa would threaten two sites of great historical, cultural, and religious importance to Indians.

One site is the Medicine Wheel. It was built in 1992 near the southern edge of the Haskell Indian Nations University campus (formerly Haskell Indian Junior College). Haskell students, faculty, and alumni all use the Medicine Wheel for meditation, prayer, and to conduct religious rituals. Building the SLT north of the Wakarusa would drastically increase traffic in the area. The resulting increases in air and noise pollution would seriously degrade the Medicine Wheel's environs and deprive the Haskell community of an important sacred space.

The other threatened site is Baker Wetlands, which is a burial ground for an undetermined number of Haskell students. Haskell was a boarding school during the era when the government forcibly removed Indian children from their families and sent them away for assimilation into Anglo culture. Many of the children died from disease or committed suicide in despair while at the boarding school and an unknown number were secretly buried in the Wetlands by their compatriots. The Wetlands also served as a clandestine meeting place where students could temporarily reunite with their families. As part of the assimilation process, the Haskell administration prohibited students from seeing their families. However, students could sometimes sneak away at night and briefly rendezvous with their loved ones hidden in the belt of trees where the Wetlands bordered the Wakarusa. The Baker Wetlands are so historically important that they are being nominated for inclusion on the National Registry of Historic Places. Running the SLT through the Baker Wetlands would permanently destroy an area of great historical and cultural importance to Haskell, Lawrence, and the entire nation.

5) The SLT would threaten historical sites
The 41st St. alignment of the SLT would take the highway through the Meairs farmstead, which is the oldest in Douglas County and the second oldest in Kansas. The Meairs family has lived on the property, which is still a working farm, since William Meairs homesteaded the original 160 acres in 1854. Destruction of this farmstead would represent a great historical loss.

6) The SLT would encourage sprawl
Building roads encourages urban sprawl, and that sprawl comes at a great economic, ecological, and social cost to the affected community (see www.sierraclub.org/sprawl). We believe that the SLT would make western Lawrence a bedroom community for Johnson County. We also believe that the SLT, in conjunction with the new and/or larger US-59 that KDOT hopes to build between Lawrence and Ottawa, would increase the already rapid pace at which developers convert farmland into low-density housing south and west of Lawrence. We recognize that people have a right to live wherever they want. However, we do not believe that people have a right to move into remote, exurban areas and then demand that taxpayers build expensive highways to ease the new homeowner's self-imposed commuting problems.

7) Kansas already has more than enough roads
Kansas ranks 4th in the nation in number of highway miles, according to the 2000 Statistical Abstract of the United States. We trail only Texas, California, and Illinois, even though we rank 34th in population and 15th in size.

8) Kansas cannot afford to take care of the roads it already has
The American Society of Civil Engineers says that 31% of our roads are in poor or mediocre condition and 26% of our bridges are structurally deficient or functionally obsolete (see: www.asce.org/reportcard/index.cfm?reaction=states&state=kansas). Prudence dictates that we take care of the roads we already have before building new ones.

Back to Top

WHY IS THE SIERRA CLUB NOT SATISFIED WITH KDOT'S OFFER TO RESTORE WETLANDS TO REPLACE ANY LOST TO THE SLT?

In wetlands, as in Xeroxing, copies are never as good as the original. A recent report by the National Academy of Sciences detailed the many shortcomings of restored wetlands compared to natural ones (www.nap.edu/books). Foremost among those shortcomings is that a restoration would be less biologically diverse than the existing wetlands -- a black-and-white copy of a picture that should have vibrant colors. The Baker Wetlands have a proven ability to attract a wide variety of organisms, even rare, finicky ones. Restorations would rely upon people making their best guess as to what conditions the flora and fauna want, and many of these guesses would be wrong. Thus, any restoration would inevitably be less diverse than the current wetlands. Because biodiversity is key to maintaining the health of a habitat, the depleted restorations would be more susceptible to harm from diseases, invasive weeds, natural disturbances like storm or drought, and other threats. And all this is true even if KDOT makes a good-faith, decades-long effort to construct and maintain the very best restorations they can. However, if KDOT tries to shortchange the restorations at any point, then we could end up with nothing more than some soggy ground in place of a valued natural resource.

Listing the shortcomings of restored wetlands sometimes confuses people because of claims that the current Baker Wetlands are, themselves, restored. The confusion arises because these claims are only partial truths. The Baker Wetlands did suffer disturbances in the past, but this does not mean that they are not natural or worth preserving. It is true that Haskell students once farmed the area. However, the school used most of the area for grazing or haying, both of which are far less destructive than plowing. Also, the farming activities on the Wetlands always had both a limited scope and limited success precisely because the area is a wetlands. It was frequently too wet to farm. These factors prevented complete destruction of the Wetland's environment, made it easier for the area to heal once the disturbances stopped, and made the healing more complete than if the area was restored from "scratch" on an area now devoid of natural remnants. Because any restoration would likely take place on much more highly disturbed land, it is doubtful that it could rejuvenate as fully as the wetlands have.

Back to Top

Position Statement re: the completion of the South Lawrence Trafficway

The Wakarusa Group and the KS Chapter Sierra Club support National Sierra Club's campaign to stop urban sprawl. We recognize that road building encourages traffic and sprawl. We foresee that the creation of new highways such as the proposed eastern leg of the South Lawrence Trafficway is a sprawl magnet. Expanding highways encourages increases in traffic. Studies have shown that places that have built the most roads have not relieved traffic congestion. Adding capacity to highways actually generates additional travel as people take more car trips. The sprawl that follows such road building creates even more demand and swallows precious open space.

The local Sierra Club group and state chapter believe that citizens deserve clean air and land conservation for quality of life. Cars and trucks served by such road building initiatives as the SLT are among the largest sources of smog and cancer-causing pollution in America.. We endorse only those KDOT proposals and policies that move people and products in a healthful, sustainable fashion such as bus and rail service. These alternatives can preserve greenspace (including farmland) and prevent urban sprawl while connecting the communities in northeast KS. KDOT initiatives that promote walkable communities with links to public transportation are supported by the state and local Sierra Club.

We firmly believe that the transportation planning process should be a transparent one that operates with public participation. The Wakarusa Group and the KS Sierra Club are interested in participating with KDOT in designing a community and nature-friendly transportation system of choices, not more road space.

Back to Top

For Further Reading - for people wanting a little more information on why the Sierra Club opposes the SLT and the history of the fight against the highway.

The Lawrence Journal World has archived all of their SLT related stories since 1999 at www.ljworld.com/section/slt

Contacting Sierra Club - Wakarusa Group:
For information on how you can participate in multi-modal transportation planning in Lawrence and adjacent urban areas, contact:
Carey Maynard-Moody, Chair, careymm@ixks.com, or (785) 841-9594
Michael Campbell, Conservation Chair, shamsoup@yahoo.com, (785) 542-3885

Back to Top

Kanza Group Letter to Corps of Engineers

ATTN: Operations Division, Regulatory Branch
Department of the Army
Kansas City District, Corps of Engineers
700 Federal Building
Kansas City, MO 64106-2896

RE: Proposed Extension of Kansas Highway 10 in Douglas County, KS

Dear Sirs:

It has come to the attention of the Kanza Group ( representing Johnson and Wyandotte Counties) of the Kansas Chapter of the Sierra Club that the Kansas Department of Transportation (KDOT) has proposed to construct an extension of Kansas Highway 10 (K-10) in Douglas County. The Kanza Group has a number of concerns related to the highway alignments that are currently under consideration, all of which would have serious impacts on the property referred to in your letter of February 6, 2002 as the Baker Wetland.

The Thomas Hart Benton Group on the Missouri side of State Line and the Kanza Group in Kansas co-host widely publicized field trips, or "outings," for their members and for the general public in order to provide a variety of outdoor recreational and environmental education opportunities. Normally, several trips to the Haskell-Baker Wetlands are scheduled each year, encouraging participants to observe seasonal changes in area wildlife and ecosystems. As part of the outings activities, participants are educated not only on the environmental values of wetlands, but also on the specific cultural and historical significance of this site to the Native American community.

As Chair of the Conservation Committee, I wish to submit the following comments on behalf of the more than 1000 members of the Kanza Group:

1. The Kanza Group is opposed to any alignment of the proposed K-10 construction that has the potential to destroy the integrity of the Haskell-Baker Wetlands and its wildlife. These wetlands provide valuable ecological services by mitigating nonpoint source pollution, by reducing flood events and erosion, by recharging valley aquifers, and by supporting a highly productive and biologically diverse natural ecosystem. There appears to be little empirical knowledge of the hydrology of this wetland. Re-construction of 31st Street and construction of any of the currently proposed alignments are likely to cause irreparable changes in the wetland's water balance. The Kanza Group has additional concerns about potential degradation of water quality due to run-off of road chemicals (e.g., oil, grease, antifreeze, road de-icing compounds, and hazardous cargoes) and about the effects of increases in air pollution, in noise and light sources.

2. The Kanza Group supports nomination of all of the land associated with the site of the former Haskell Institute, including the current campus of the Haskell Indian Nations University (HINU) and the Haskell-Baker Wetlands, for listing on the National Register of Historic Places. The area should receive the highest level of protection afforded by the National Historic Preservation Act (NHPA). Due to the sensitivity of the Native American issues associated with the sacred nature of the site, it is critical that the Corps of Engineers, Kansas City District (the Corps) follow precisely the Section 106 review process, as described in 36 CFR Part 800.

1. The Kanza Group requests that all of the federally recognized Indian tribes, including those that currently have, historically have had or may have students at the Haskell site, be afforded equal opportunity for consultation in the Section 106 review process. The NHPA requires the Corps to consult with any Indian tribe that attaches religious and cultural significance to historic properties that may be affected by this project. This requirement applies regardless of the location of the historic property. Despite the fact that there are Indian students representing over 160 tribes currently enrolled at Haskell INU, the Corps sent letters inviting formal "government to government" consultation to only 26 (or 24?) tribes. The legal basis for this determination should be clarified.
2. The Kanza Group requests that the comment period for this proposal be extended significantly to allow adequate time for tribal governments to convene, address this matter and respond to the Corps request for their concerns. Consultation in the section 106 process should provide any Indian tribe involved "a reasonable opportunity to identify its concerns about historic properties, advise on the identification and evaluation of historic properties, including those of traditional religious and cultural importance, articulate its views on the undertaking's effects on such properties, and participate in the resolution of adverse effects." Lack of time to address complex issues is a problem often cited in Environmental Justice cases. Forty-five days is simply not sufficient time for informed participation.

3. The Kanza Group requests clarification on why any unmarked burial sites should be addressed by the Unmarked Burial Sites Preservation Board under Kansas state law and not under the provisions of the Native American Graves Protection and Repatriation Act (NAGPRA). If any of the currently proposed project alignments is approved, burial sites encountered in the Haskell-Baker Wetlands are going to be "in the possession or control" of Baker University and/or KDOT, either one of which would qualify as "institutions or State or local government receiving Federal funds." Furthermore, unidentified Native American graves in the Haskell-Baker Wetlands could belong to virtually any of the federally recognized tribes, not just those tribes in the State of Kansas. Evaluation of unmarked burial sites should be in accordance with federal law.

4. The Kanza Group supports complete analysis of additional, reasonable alternative alignments of the proposed K-10 extension in the draft EIS. The three alignments currently proposed by KDOT would all have significant negative impacts on the wetland ecosystems and on the spiritual, cultural, and historic values held by the Native American community. The draft EIS must include analyses of alternate routes south of the Wakarusa River, of modified routing along currently existing thoroughfares in town, and of the "no action" alternative. These analyses should include all costs associated with each alternative, including purchase of right-of-way and long term mitigation efforts for wetland losses.

5. The Kanza Group considers the KDOT project and the proposed alignments of K-10 through the Haskell-Baker Wetlands an example of a classic "Environmental Justice" case. The Haskell community will clearly bear a disproportionate share of the negative environmental consequences and cultural impacts of this project, while accruing little or no socio-economic benefits. Under the American Indian Religious Freedom Act of 1978, the government is mandated to protect and preserve for Native Americans their "inherent right of freedom to believe, express, and exercise their traditional religions." The Act protects access to sacred ceremonial sites. In the case of the K-10 extension project, the wetlands themselves are considered sacred by Native Americans, including the Indian burial sites, the sweat lodges and the ceremonial plants gathered there. The proximity of the proposed project to the Haskell INU Medicine Wheel threatens disruption of current religious practices at that site through noise and light intrusion.

6. The Kanza Group supports Resolution #EWS-02-003 of the National Congress of American Indians (adopted February 25-27, 2002), which endorses the efforts of the Haskell community to protect the wetlands and opposes construction of the K-10 extension on any of the Haskell Indian Nations University past and present property.

Please include the Kanza Group of the Sierra Club, and my name as point of contact, on your list of "interested parties" to be notified of any future issues regarding this project. The Kanza Group requests notification of completion of the draft EIS so that we can submit further comment at that time.

These comments are respectfully submitted on March 23, 2002, by:

C. Elaine Giessel 913-888-8517
Conservation Chair, Kanza Group of the Kansas Chapter of the Sierra Club
11705 W. 101st Terrace
Overland Park, KS 66214

Back to Top

Info on the Corps of Engineers Environmental Impact Statement (EIS)

The Virtual EIS - By Aug. 16, the summary of the draft EIS will be posted to www.southlawrencetrafficway.org (click on Project News). Visitors to the site will be able to view the summary and request the entire document on CD. By Aug. 30, the document will be offered free-of-charge on CD as a supplement to the regular circulation methods of placing the document in public places and holding a public hearing. It is currently available at the listed libraries at the above link.

A Wakarusa study group is being considered. Check back here for more details.

Back to Top

Lawrence Journal World Article on Corps of Engineers Study which endorses two differenct routes

(EMAILED FROM LJW Website) You have been sent a story from our site, Lawrence Journal-World.

Corps of Engineers study endorses two routes

By Mark Fagan

Finishing the South Lawrence Trafficway through the Baker Wetlands stands
the best chance of meeting the city's growing traffic, safety and
development needs, a federal study concludes.
But building the four-lane highway south of the Wakarusa River would best
protect existing wetlands and preserve cultural and historic resources,
the U.S. Army Corps of Engineers said in a study released Thursday.

Read the full story here:
http://www.ljworld.com/section/archive/story/102159

Back to Top

Sierra Club Position Statement and Testimony on the Draft Environmental Impact Statement prepared by the U.S. Army Corps of Engineers, Kansas City District regarding the proposed eastern leg of the South Lawrence Trafficway

The Mission, Purposes and Policy of the Sierra Club Compels Us to Protect the Haskell-Baker Wetlands
The purposes of the Sierra Club are to explore, enjoy, and protect the wild places of the earth; to practice and promote the responsible use of the earth’s ecosystems and resources; to educate and enlist humanity to protect and restore the quality of the natural and human environment; and to use all lawful means to carry out these objectives. (Sierra Club Articles of Incorporation and Bylaws, June 20, 1981)

The Sierra Club advocates a consistent public policy to preserve and restore the hydrologic, biologic, and aesthetic values of wetland as public assets. We place highest priority on the protection of existing natural wetlands. Because our goal is to reverse, not merely slow, the trend of wetlands destruction and degradation, we also support restoration of degraded wetlands. Wetlands protection should be promoted further by increased public understanding and enjoyment of wetland values through compatible uses. (Adopted by the Sierra Club Board of Directors, May 2-3, 1987)

The Board of Directors of the Sierra Club recognizes that to achieve our mission of environmental protection and a sustainable future for our planet, we must attain social justice and human rights at home and around the globe. The Board calls on all parts of the Club to discuss and explore the linkages between environmental quality and social justice, and to promote dialogue, increased understanding and appropriate action. (Adopted by the Sierra Club Board of Directors – September 18-19, 1993)

We oppose efforts to dispossess indigenous peoples of their lands, their cultures, and their right to self-determination. We support Native Peoples’ wielding of their sovereign powers to protect the environment and to establish environmental justice. (Adopted by the Sierra Club Board of Directors, February 17, 2001)

The Commitment of the Kansas Chapter of the Sierra Club to the preservation of the Haskell-Baker Wetlands.
Various groups within the Kansas Chapter of the Sierra Club have sponsored “outings” in the Baker Wetlands during the past few years. These outings are documented in the Planet Kansas - the official publication of the Kansas Chapter of the Sierra Club. These outings fulfill part of the mission of the Sierra Club to “explore, enjoy and protect the wild places of the earth.” The Wakarusa Group of the Sierra Club, based in Lawrence, has been most active in sponsoring outings in the Baker Wetlands. However, the Kanza Group (based in Johnson and Wyandotte counties) and the Southwind Group (in the Wichita area) have also sponsored outings to the Baker Wetlands.

The Executive Committee of the Kansas Chapter of the Sierra Club met in Lawrence on November 15, 2001 and toured the Baker Wetlands, guided by Sharon Ashworth - a K.U. doctoral student specializing in wetlands issues. After that tour, the Kansas Chapter’s Executive Committee expressed their concerns publicly about proposals by the Kansas Department of Transportation that would put a multi-lane highway through the Baker Wetlands. The Kansas Chapter of Sierra Club’s Executive Committee expressed its concerns that such highway proposals, if carried out, would destroy the Baker Wetlands and violate the policies of the Sierra Club with regard to preservation of existing wetlands and protecting the human rights of indigenous peoples.

The Executive Committee of the State Chapter of the Sierra Club decided on November 15, 2001 to bring in the resources of the national Sierra Club to accomplish the goal of preserving these wetlands. The Sierra Club’s Kansas Chapter and the Wakarusa Group have worked with the Wetlands Preservation Organization to put together a proposal to secure the designation of the Haskell Baker Wetlands on the National Historic Registry. We have also worked with the WPO in facilitating tribal input into the Corps of Engineers DEIS process.

The Wakarusa Group and the State Chapter of the Sierra Club have followed and participated in the decision-making processes at the federal, state and local levels as proposals for the South Lawrence Trafficway are developed. We have and will continue to use all lawful means, to pursue all resources, and to seek all allies to protect the environmental integrity of these wetlands and the human rights of the indigenous peoples who hold these wetlands as sacred places.

We have had the opportunity to review the DEIS circulated by the COE and respectfully submit the following comments.

Traffic flow
According to KDOT’s own survey, most of the people who will use the South Lawrence Trafficway to go NONSTOP from their point of origin to their destination (i.e. not make any stops in Lawrence) are from Shawnee and Johnson counties. 43% of those surveyed said they drove completely through Lawrence the last time they drove on K-10/23rd St. However, 61% of residents of Topeka/eastern Shawnee County surveyed drove completely through Lawrence. 73% of those surveyed rated traffic along K-10/23rd St. as “poor”. However, the survey shows that less than 30% of the residents of Shawnee and Johnson counties rated the traffic flow as “poor.” In other words, those who are most likely to use the SLT as an alternative to 23rd St./Clinton Parkway to travel through Lawrence, residents of Shawnee and Johnson counties, do not think the 23rd St./Clinton Parkway route is “poor.”

On the other hand, more than 40% of the residents of Lawrence and Douglas county rated the traffic along K-10/23rd St. as “poor.” Yet it is Lawrence and Douglas county residents who are not using K-10/23rd St. to travel through Lawrence. Instead, 80% of residents in Douglas county (outside Lawrence) made at least one stop while using K-10/23rd St. 70% of the residents surveyed indicated they made at least one stop in the City of Lawrence on the way to their final destination the last time they used K-10/23rd St. It would be safe to assume that a good number of those stops were to Lawrence business establishments.

The conclusion that can be drawn from this survey is that the SLT does not appear to be a road that is needed to meet the perceived needs of those surveyed. Perhaps, the money proposed for the SLT would be better-spent turning 23rd St into a non-stop expressway with parallel frontage roads allowing access to businesses along the road - much like Kellogg/U.S. 54 is becoming in Wichita. Or the money would be better spent installing commuter rail lines that allow residents of Shawnee and Johnson counties to travel through Lawrence without stopping.

Traffic safety is the primary concern of those surveyed and supposedly the primary concern of KDOT. Yet there is no evidence in the DEIS that there has been any data gathered or analyzed of traffic accident reports, from the Lawrence Police Department, of trends in traffic accidents along 23rd St./Clinton Parkway.

Identifying reasonable alternatives
Unfortunately, regional mass transit did not make the 1st cut of the screening process because it failed the wrong criterion (ridership). However, ridership on mass transit always starts out low but picks up over time. It never gets to start if the “ridership” criterion is used to determine eligibility of a transportation project.

50% of K-10 corridor users are commuters. They deserve an option of regional transit so that if they are dissatisfied with driving, they can be transported using another mode of transportation other than driving. That would lighten the load on the K-10 roadway, cut down on traffic congestion and increase the safety of those who do use the road.

Impacts to Wetlands
According to “The Wetland Impact Assessment of the South Lawrence Trafficway” Appendix conducted by ESI, overall, the 32nd St. B alignment has the greatest potential impacts to wetland in the area (101.6 acres). The 42nd St. A alignment has the lowest projected potential impact to wetlands in the area - 39.3 acres. (Total Impacts to Baker, NWI and Probable Wetlands, 3.3, p. 39)

What about mitigation?
The offer of mitigation is appreciated and the Sierra Club supports restoration of wetlands. However, the offer of mitigation does not by itself justify the need for the road.

The environmental injustice of the 32nd St. route on Native American populations
President Clinton’s Executive Order on Environmental Justice No. 12898, February, 11, 1984, states that, to the extent practicable and permitted by law, a proposed project may not have a disproportionately high and adverse human health or environment effect on minority or low-income populations.

COE acknowledges on p. 4-52 that the 31st St. route would have the most perceived impacts on the cultural and historical resources of HINU. Specifically, sweat lodges and a medicine wheel are located on the southern part of HINU’s campus and are places where “ceremonies of renewal and purification are held and where belief in the four elements – earth, air, fire and water – come together to bless life.” HINU’s concerns are that noise and other pollution would destroy any ceremonies held on this portion of the campus.

The 32nd, 35th 38th and 42nd Street alternatives would have less impact on the HINU campus. Logically, the further the preferred alternative is from the HINU campus the less of an impact the project will have on HINU.

The Applicant and KCD have determined that the proposed project will not have a disproportionately high and adverse human health or environmental effect on minority or low-income populations.

Where is the measurement in the DEIS that shows that the project will not have a disproportionately high and adverse human health or environment effect on minority at HINU considering the residency of the HINU population who are almost entirely minority (Native American) whose human spiritual health needs are rendered unachievable in the ceremonial sites in close proximity of the preferred (32nd St.) route? Furthermore, there is no evaluation of the human health effects of emissions from increased vehicular traffic on minority populations. This is an arbitrary and capricious conclusion in the DEIS having no basis in fact or any scientific assessment.

Impact on HINU’s Educational Mission which includes environmental education
One of the missions of the Sierra Club, both nationally and at the state and local levels, is environmental education. The Sierra Club strongly supports HINU’s position that the caretaker role of Native Americans demands that environmental education be at the center of the HINU curriculum. Native teachings of the relationship to the environment provide a basis for numerous course offerings at HINU. HINU indicates that in a typical year approximately 600 HINU students are involved in courses that utilize the wetlands complex. HINU considers its south campus and the wetlands complex the most valuable instructional facility on and off the campus, and believe it is important to protect for future generations.

Haskell Indian Nations University is one of a few universities that have wetlands on the main campus. Research studies at HINU include a National Science Foundation funded Environmental Biology/Undergraduate Research Experience grant awarded to HINU and the University of Kansas in 1993, cooperative research studies with the University of Kansas and Cornell University, and numerous other biological, ecological and chemical studies on various plants and animals. These studies not only have the potential to further science, but also foster students’ observational skills, and provide a unique forum for conveying Native and other cultural traditions. Section 3.5.2, p. 3-9 of DEIS

It is the position of the Kansas Chapter of the Sierra Club that the core environmental educational mission of HINU (perhaps unique in all of North America) should not be compromised for the purpose of locating a multi-lane highway through the Baker Wetlands.

Historical Significance of HINU and Baker Wetlands
According to Dec. 27, 2001 letter to Colonel Donald R. Curtis from Ramon Powers, State Historic Preservation Officer “the existing campus of HINU as well as the former HINU lands now known as the Baker Wetlands is eligible for inclusion in the National Register of Historic Places as a district. This property possesses a significant concentration of buildings and sites that are united historically. The HINU campus with the Baker Wetlands is eligible as a district for the National Register of Historic Places … since it is associated with events that have made a significant contribution to the broad patterns of our history….It is the SHPO’s opinion that the entire existing HINU campus plus the Baker Wetlands, that were originally part of HINU, meets the criteria of eligibility of for the National Register of Historic Places as a district.”

This recommendation by Mr. Powers is supported by the Recommendation of the December 2001 study “Determination of Eligibility for the National Register of Historic Places of Haskell Indian Nations University and the Baker Wetlands”, p. 31, written by Paul Brockington, Jr. et al. in association with HNTB.

The last paragraph of Mr. Power’s letter states: “If the Corps of Engineers, Kansas City District, does not agree that HINU with the Baker Wetlands is eligible for the National Register of Historic Places, you may request the opinion of the Secretary of Interior as described in 36 CFR Part 800.4(c)(2). If you agree that the property is eligible, the next step is in the Section 106 process is assessing the effects of the proposed project as described in 36 CFR Part 800.5”

What determination has the COE, KC District, made on this issue?

Noise
According to the DEIS noise study, existing conditions along the proposed 32nd Street route of the SLT are 15 – 64 decibels. The Medicine Wheel is considered a “Category A” activity where the acceptable noise levels should be no more than 57 decibels. According to this same study, residential developments fall into “Category B” where the acceptable decibels are 67. Section 4.9.2 of the DEIS, “Summary of impacts”, states that the proposed noise wall would … result in dropping the noise level below 66 decibels. (3-13, 3.9 Traffic Noise) Unfortunately, such a “noise wall” would not drop the decibel levels sufficiently to protect Native American ceremonies held at the Medicine Wheel.

According to the “Summary of cultural resources (p. 41-8, Section 4.6.9) “The project is rich in historical and cultural assets. All of the build alternatives would impact one of the cultural resources in the project area. If a build alternative is selected minimization and mitigation efforts will be conditions to any permit that KCD might issue. These minimization and mitigation measures would have to be developed in consultation with the SHPO and representatives of those organizations with a clear interest in the cultural resource in question.”

The noise generated by the traffic generated on a multi-lane expressway running through the Haskell-Baker Wetlands will impact the Sierra Club’s current use of the wetlands area for outings. Because there are only 600 acres it will be virtually impossible to get away from the traffic noise if a highway is put through the Baker Wetlands. The Sierra Club believes that the proposed nature center and noise berms will not be enough to mitigate the impacts of the traffic noise from a multi-lane highway running through the Haskell-Baker Wetlands.

The proposed 32nd St. B Alignment Is Worse Than the 31st St. Alignment For Which “No-Build” Was Recommended by the FHWA in 2000

From South Lawrence Trafficway, Final Supplemental Environmental Impact Statement, “Chapter 4 – Consequences of 31st Alternative”, p. 4-4 & 4-5.

“One impact not iterated in the Final EIS is the impact of the 31st Street Alternative on HINU. The location of the 31st Street Alternative would impact spiritual and cultural practices, academic studies and development plans according to the South Lawrence Trafficway Position Paper, from HINU, October 27, 1993. HINU believes that a 31st Street alignment would compromise the cultural beliefs and values of Native Americans by destroying the natural habitat including wetlands, disturbing sites of spiritual and cultural importance, and polluting the air and water. It is HINU’s cultural belief that all elements of the natural world were created for the benefit of all and that all living things are interconnected on a spiritual level. Any destruction or disturbance of these elements negatively impacts their cultural traditions and religious practices, (All Things Are Connected, December 23, 1994).

The 31st Street Alternative would reduce traffic volumes on 23rd Street by 15 percent by the year 2020. The removal of through traffic from 23rd Street should enhance local business access, traffic flow, and pedestrian, bicycle and motorist safety. Traffic volumes on 31st Street, however, would be expected to increase to just over 20,000 vehicles per day. HINU believes the increased traffic would negatively impact spiritual and cultural activities on the southern portion of HINU (as stated in South Lawrence Trafficway Position Paper, HINU, page 3 and 4 respectively). Construction of the 31st Street Alternative would potentially have an impact on HINU’s ability to develop the south portion of the campus.“

As a result of these problems associated with the proposed 31st Street route and “[t]aking into account the collaborative decision making process involving public input, participation by HINU and cooperating resources agencies, the study team could not reach a consensus in the selection of any of the three build alternatives. The project sponsors, Douglas County, the Kansas Department of Transportation, and the Federal Highway Administration attempted to achieve a consensus on the 31st Street alignment by meeting with the Haskell Board of Regents. The 31st alignment was identified as meeting the project purpose and need, and with mitigation (wetlands and historic) being environmentally acceptable. This attempt to reach a resolution was unsuccessful as documentd by the Board of Regents October 12, 1999 press release. Therefore at this time the project sponsors, Douglas County, Kansas Department of Transportation and the Federal Highway Administration select the “No Build” as the preferred alternative for this project.” p. 7-5

The Kansas Chapter of the Sierra Club points out this language in the FHWA’s SEIS because we see very little difference between the impacts of KDOT”s preferred 32nd Street route and the 31st route examined in the FHWA’s SEIS. In fact, the proposed 31st alignment examined in FHWA’s SEIS actually impacted fewer acres of wetlands than the proposed 32nd Street B route advocated by KDOT.

Conclusion
Because of the negative spiritual, cultural, and educational impacts to HINU, the negative impacts to the Haskell-Baker Wetlands (despite proposed mitigation), the blatant violation of the spirit and letter of the Presidential Directive on Environmental Justice, the Kansas Chapter of the Sierra Club therefore believes that a “No Build” conclusion is the appropriate conclusion for the 32nd St B alternative. The Kansas Chapter of the Sierra Club takes no position on the proposed 42nd Street alternative because this alternative route has not been thoroughly examined in the DEIS.

Back to Top

Tips for Written Comments

The Corps of Engineers will convene a public hearing on Sept. 12, 2002, at 6:30 p.m., at the Douglas County Fairgrounds, Building 21. The hearing will provide interested parties with an opportunity to comment on the DEIS. Comments may be provided verbally or in written form.

The formal hearing will convene promptly at 6:30. Study personnel will be available from 5:30 until 6:30 to answer questions and discuss issues on a one-on-one basis. Col. Donald Curtis, District Engineer of the Corps's Kansas City District, will preside at the hearing.

Individuals wanting to speak will be allotted three and five minutes, depending on the number of individuals who wish to speak. This hearing is intended to allow individuals and organizations the opportunity to comment on the DEIS. There will be no Q&A during the hearing.

Be there early to sign up to speak and help with our outdoor demonstration of opposition.

Tips
Whether you plan to sign up to speak or not, it’s important to submit your comments in writing. Here are some tips and suggested arguments that came out of our strategy session. Words of significance to the Corps of Army Engineers (who will make the final decision) are capitalized.

• Write about what is important to you. You don’t have to make your comments long, but do try to offer some substantial reasons for your opinion.
• To fill wetlands and build their road, the applicant (KDOT) must show that no PRACTICABLE ALTERNATIVE exists that meets the needs of their project. The Army Corps of Engineers (CORPS) has looked at the alternatives and prefers to build the road south of the river (42nd St.) and avoid the wetlands, so, in essence, this is a difference of opinion between two government agencies, with the public comments likely to influence the final decision.
• You might want to argue that the HARM TO HASKELL AND ITS STUDENTS IS MUCH GREATER THAN ANY BENEFIT IN CONVENIENCE THE ROAD OFFERS. Haskell is a nationally recognized historic site and the slt would harm its historic aspects. Haskell students have traditionally used all of the wetlands areas for spiritual practices. Many of these activities take place after dark and demand privacy and relative quiet. The noise and lights of eight lanes of traffic would seriously harm the students’ rights to practice their religion.
• The PUBLIC INTERESTS are harmed more than helped if the 32nd St. alignment is selected. Many events that serve the public interests take place in the area that would be destroyed and filled—tagging Monarch butterflies, canoeing in the canals, public demonstrations, bird watching, and tours for thousands of schoolchildren. It will be at least 25 years before the mitigation site (now a cornfield) will even begin to resemble a wetlands and offer all of the genuine educational opportunities the current site offers. This issue has divided the community for over 12 years and it is time for a sensible conclusion to the controversy. A 32nd St. decision is likely to bring in attorneys from the national Sierra Club and/or Audubon Society. If bulldozers try to begin work in the wetlands, many people will stand in its way. . (A route south of the river would require 2 additional minutes of driving time and serve businesses and industry as well as any route through the wetlands.)
• It is MORALLY UNCONSCIONABLE to construct a huge, noisy, traffic corridor, planned for eight lanes of traffic, between Haskell University and its historic wetlands. This is clearly an issue of ENVIRONMENTAL JUSTICE. When the western leg was designed, a small church (100 members) requested that the road be moved several hundred feet to the west to accommodate the church’s parking lot. KDOT moved the road. But for thousands of students and alumni, representing over 100 tribes of Native Americans at Haskell, KDOT remains obstinate in its determination to violate Haskell’s wishes. Selecting this route is likely to bring on more litigation and more negative national attention for Lawrence and the state of Kansas.
• Think about other options for long-term transportation needs. Why always more roads?

Other tips:
Ask the Corps to respond to your comments.
What are the plans for the mitigation site? Why are those details left for “after the decision”? How many acres will be “recreated wetlands”? How many acres “recreated prairies”?

(Please add other arguments or tips that are clear and concise—appropriate for written responses to the Draft Environmental Impact statement or the request to fill wetlands—404 permit.)

Back to Top

URGENT: A Simple Message to Send By September 30

Dear Kansas Chapter Sierra Club Members,

For the Haskell Baker Wetlands, your voice MUST now be heard. Unless our many voices are loud and clear, these priceless treasures will be lost forever. A highway is proposed which will go through the heart of the Haskell Baker Wetlands, a place sacred to the Indian tribes that has also been enjoyed by many Sierrans for its nature and beauty.

We are asking you to do a simple, but extremely important task...

Cut, paste, and send the below message TODAY so it is received by the September 30, the deadline for receipt of comments. Include your signature, name, and address.

MESSAGE:

Dear Robert Smith, Corps of Engineers,

I strongly oppose KDOT’s request for a 404 permit to fill the Baker wetlands to accommodate their preferred 32nd Street alignment B of the project known as the South Lawrence Trafficway.

I find that your applicant (KDOT) has not submitted final plans for this project to your office. Permitting would be premature, potentially allowing harmful human and environmental impact. I find the Draft Environmental Impact statement lacking in honesty and integrity and to be misleading and unsubstantiated at best. Most alarming to me in the DEIS (Vol.I Ch.4 p.52) is your determination that this proposed 32nd Street highway project will not have a disproportionately high and adverse effect on the human spiritual health of the minority peoples found at nearby Haskell Indian Nations University. The proximity of HINU’s medicine wheel renders it most vulnerable to the noise and pollution of the SLT on 32nd Street. Issuance of a 404 permit for such a massive highway project with such proximity to this site of spiritual intention flies in the face of environmental justice. Such disregard for the Presidential Executive order 12898 is unconscionable.

It is time that your office uphold the Clean Water Act, stop the needless loss of wetlands and consider protecting the rights of all people.

Sincerely,

Send to:
Mr. Robert Smith
District Engineer
U.S. Army District, K.C.
700 Federal Building
601 East 12th Street
Kansas City, MO 64106

Back to Top

Expert comments from Karl Birns, faculty of the Environmental Studies Program at the University of Kansas

Dear Mr. Smith:

Comments to the US Army, Corps of Engineers regarding the South Lawrence Trafficway (SLT) draft EIS

I am on the faculty of the Environmental Studies Program at the University of Kansas. Previous to my retirement last year from the Kansas Department of Health and Environment, I served for 8 years as chief of the states Mobile Sources (Vehicle) Emissions Program. In that capacity I’ve used and became familiar with the EPA Mobile model, transportation models and the Urban Airshed Model. I’ve represented the state on the Kansas City MARC Air Quality Forum, and I’m currently the Kansas co-chair of the Kansas City Regional Clean Cities Program, sponsored by the US DOE. I am also a resident of rural Douglas County, living one mile north of Lone Star Lake.

I have examined the Air Quality section of the draft EIS and found it grossly deficient. The following are my observations comments, and recommendations:

• There was no Air Quality analysis presented. This was based on comments from KDHE that a general conformity analysis was not required. While General conformity is not an issue, future transportation conformity may be. This project may have significant implications on Kansas City air quality.
• The construction of the SLT will act as an attractor, resulting in increased traffic in the K-10 corridor, increased local Lawrence traffic, and secondary effects, including new construction of commercial strips and housing along and in conjunction with the expansion of the K-10 corridor and interconnections with US-59 and the Kansas Turnpike.
• The construction of the SLT is only one link in a network that KDOT is considering, as described in the Kaw Connects Study and accompanying maps.
• A recent study prepared by the state of Texas and other NAFTA corridor states (including Kansas) indicate that I-35 will become a major carrier of North American truck traffic. Portions of I-35, between Kansas City and Ottawa are expected to need 14 lanes to handle the increased traffic demand. Since this kind of expansion is unlikely, K-10/ US-59 would become a relief route. This would result in substantially more truck traffic than addressed in the EIS.
• KDOT has proposed an expressway along the US-40 corridor to link with the I-70 by-pass, south Topeka turnpike interchange. This would create a toll free connection from Topeka to Kansas City parallel to the current Turnpike roadway. This would also attract increased car and truck traffic to the SLT to avoid tolls. This is not addressed in the SLT in any regard, and more specifically in terms of air quality impacts.
• Kansas City is an EPA air quality maintenance region. Recent exceedances may require EPA to re-designate the city as a non-attainment area.
• The Douglas County/Lawrence Health Department has undertaken a project (in cooperation with KU and KDHE) to monitor county air quality. Preliminary indications are that ozone levels in Douglas county track those of Kansas City. This is to be expected since Lawrence is up-wind of KC. Douglas County air quality contributes to pollution loads in the Kansas City metropolitan area. Therefore, any increased emissions in Douglas County will affect the Kansas City area directly.
• EPA has recently proposed that additional counties (including Douglas) be added to the Kansas City air quality maintenance area. This was proposed because these counties are contributors to metro emissions loading. This has been put in abeyance for the time being at the request of the governors’ office. If the area is forced back into non-attainment, this action may be reassessed. If so, then Douglas County and Lawrence would be subject to transportation conformity analysis.
• The states of Kansas and Missouri are currently completing an Urban Airshed Model for the Kansas City area and surrounding regions. Douglas County is part of the “fine grid” domain. The potential impact from mobile source emissions on air quality arising from the SLT and other regional highway construction could be discerned from this available model. These models could look at the impact from all proposed projects, taken together as a network, on pollution loads and air quality. This would be much better as an indicator of future air quality than the piecemeal process KDOT has followed. Road segments are not operated in a vacuum. Network analysis is necessary. For example, the recent KDOT EIS for the US-59 project did look at air quality, but addressed the wrong pollutant. The pollutants of concern for this area are hydrocarbons and NOx, ozone precursors.

I recommend the following actions:

• An air quality analysis should be preformed, including modeling that looks at ozone precursors.
• This model should address emissions from traffic on the SLT, other connected highways and future expected emissions resulting from regional growth arising from the SLT, associated regional projects and the NAFTA agreements.
• This analysis should address not only impacts on Douglas County, but also impacts on the Kansas City metropolitan region.

Sincerely,

Karl Birns

Back to Top

Expert comments from Elaine Giessel, Kanza Group Conservation Chair

Dear Mr. Smith,

The Kanza Group is opposed to any alignment of the proposed K-10 construction that has the potential to destroy the integrity of the Haskell/Baker Wetlands and/or diminish the cultural and educational values held by the Native American Community at Haskell Indian Nations University (HINU).

Please accept the following comments from the Kanza Group of the Kansas Chapter of the Sierra Club on the DEIS concerning the proposed KDOT K-10 extension project in Douglas County. Hard copy of this letter will be mailed.

• The DEIS does not adequately address the hydrology of the Haskell/Baker Wetlands.

Regulatory agencies nationwide utilize wetland definitions that include three critical elements: hydrology, hydrophytic vegetation and hydric soils. Each of these characteristics is crucial to understanding and management of a specific wetland. The DEIS states that:

1. "One of the most important research activities associated with the site has been a large-scale rehydration and ground water monitoring program to demonstrate that high quality wetlands can be recreated through careful planning and management. (Sect. 3.5.1)"
2. "The quality of these resources varies depending upon such factors as water permanence, presence or absence of in-flowing streams, surrounding vegetation, and surrounding land use. (Sect. 3.11.1)"

Nonetheless, a word search of the DEIS for the SLT indicates no occurrence of the word "hydrology." There is no mention of comprehensive hydrology studies of the Haskell/Baker Wetlands, including Chapter 3 -- Affected Environments. There is no hydrologic evidence provided on water sources or losses within the wetland system, the balance of which may be severely impacted by project construction and will certainly be critical in determining the success of any future mitigation efforts. Without such studies, any conclusions reached regarding the environmental impacts of the proposed highway project are without scientific merit. Any proposals to mitigate damages and restore wetland habitat are, likewise, without merit.

• The difficulties in restoring, constructing, and otherwise mitigating wetlands damaged by dredge and fill operations are widely recognized.

For that reason, the Corps is charged with a 3-step priority list for protecting existing wetlands:

1. Avoid building in wetlands
2. Minimize damage to wetlands
3. Mitigate damage to wetlands

Clearly, there are alternatives that would avoid damage to the Haskell/Baker Wetlands, including the 42nd Street route south of the Wakarusa River and the "No Action" option. Without hydrologic studies, the success of mitigation efforts is highly questionable. Also, the DEIS indicates that mitigation of wetland losses would include restoration of tall grass prairie areas and preservation of existing wetlands. These do not constitute valid mitigation for wetland losses.

• The DEIS minimizes the impact on the current and future Native American community at HINU.

The Kanza Group considers the KDOT project and the proposed alignments of K-10 through the Haskell/Baker Wetlands an example of a classic “Environmental Justice” case. Clearly, the minority population of Native Americans living on campus will bear a disproportionate share of the negative environmental consequences and cultural impacts of this project, while accruing little or no socio-economic benefit. While specific environmental impacts on the HINU campus are addressed, the impacts on the cultural and educational values of the wetlands are not. The concerns noted below were not addressed in the Environmental Justice section of the DEIS (Sect. 4.25).

Haskell considers its south campus and the wetlands complex the most valuable instructional facility on and off of the campus, and believe it is important to protect it for future generations (Sect. 3.5.2). The HINU community also considers the Haskell/Baker Wetlands a place of spiritual meditation and for performance of sacred and ritual activities. As noted in the DEIS, it is the position of many Haskell students and others that Haskell/Baker Wetlands has been “consecrated” by the burial of former Haskell boarding school’s students in unmarked graves (Sect. 3.6.3). Concerns regarding the sacred character of the wetlands and the importance of the land in the history of Haskell were apparently important issues for many individuals involved in the public involvement process: "Those who accepted the wetlands as being an important part of the Haskell School and Native American experience in Lawrence were adamant in their opposition to any alignment that impacted this land. While environmental and historical/cultural issues were most prominent in the Haskell School (sic) and Native American communities, a desire to preserve the integrity of the community’s cultural property, if not its physical property, was expressed as well (Sect. 5.2.3)."

Thank you for accepting these comments.

Elaine Giessel
Kanza Group of the Sierra Club, Conservation Committee Chair

Back to Top

This Place is Soaked in Indian History
A plea for environmental justice

By Mike Caron

Seventy-six years ago, in the fall of 1926, more tribes met in Lawrence, Kansas than had ever come together in one location in all the many centuries of American Indian history. Most of these visitors gathered in temporary camps, organized largely by tribe, all through the Haskell wetlands and “farm”. It was an extraordinary time for remembering. At the time many called it the first national pow-wow. At least 75 tribes and thousands of Indians came to celebrate and dedicate a new stadium. At last, thanks to the generosity of Indians themselves, there would be a home field for Haskell’s nationally recognized football program. The Indians had gone undefeated the previous year despite having to play the entire season without the advantage of a home crowd. Alumni sat around campfires, sparks rising toward the starry night sky. They told their children about how those crazy white men in charge of the boarding school had made the boys scrape up mother earth for the local drainage contractors. The exposed surface was tiled like some gigantic inverted roof. They joked that these white guys were rebuilding the world upside down. The boarding school educators said they wanted the water carried off this land faster so they could create an outdoor classroom. Their idea was to teach the Indians how progressive farming techniques could make “worthless swampland” productive.

Of “Savages” & “Swamps”
Yet there was much more underlying these efforts to eliminate the wetlands. To school administrators this place was always extremely troubling. It was where the runaways usually headed. They ran toward the Wakarusa, almost never toward town. The wetland was also the most obvious place where traces of Indianness continued to smolder despite every effort to extinguish them. The disciplinarians and dorm matrons understood that when their young charges wanted to conceal anything from them the odds were great that it took place well south of the campus and after lights out. In the mindset of Haskell’s early leaders there was a palpable link between this “swampland” and the “savages” they were attempting to transform. The stereotype of wild Indians paralleled white imaginings about untamed swamps in the same era. Both needed to be forced into submission. These two entities were one and the same in the mindsets of most bureaucrats in charge of Haskell Institute in the late 19th and early 20th centuries. Both were useless and threatening unless drained and transformed into something thoroughly familiar and valued in the eyes of the dominant society.

The elders camped for the stadium dedication recalled how boys caught breaking school rules, like speaking their native language, or praying over the rising smoke of sweet grass, were sometimes sent out for extra duty digging ditches in these wetlands. In 1926 there were still many students currently enrolled at Haskell who had themselves been assigned to these punishment details. Jim Thorpe, who was a young turn-of-the-century Haskell student years before he attended Carlisle, had spent more time than most on similar punishment details. The nation’s greatest living athlete was among the many runaway Haskellites who returned that fall to tell their stories to a new generation of Indians. He told friends how much he had hated that farm. Yet he spent many a night locked in the school’s stone jail at the south end of the campus after being caught in the less molested corners of this wetland.

The Merriam Report
Haskell was both the biggest and the most notorious of the federal government’s off reservation boarding schools. The famous Merriam Report, concluded in 1926, but published only after much foot-dragging and watering down two years later, was especially critical of Haskell for its neglect and abuse of Indian children. Malnourished ten year olds were required to work