From the creation of the military park to authorizing land acquisition, several pieces of the legislation have shaped and continue to shape the battlefield and its management.
1925 - Petersburg, VA Battlefields Commission Created
An Act To provide for the inspection of the battle fields of the siege of Petersburg, Virginia, approved February 11, 1925 (43 Stat. 856) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that a commission is hereby created, to be composed of the following members, who shall be appointed by the Secretary of War:
(1) A commissioned officer of the Corps of Engineers, United States Army.
(2) A veteran of the Civil War, who served honorably in the military forces of the United States; and
(3) A veteran of the Civil War, who served honorably in the military forces of the Confederate States of America.
SEC. 2. In appointing the members of the commission created by section 1 of this Act the Secretary of War shall, as far as practicable, select persons familiar with the terrain of the battle fields of the siege of Petersburg, Virginia, and the historical events associated therewith.
SEC. 3. It shall be the duty of the commission, acting under the direction of the Secretary of War. to inspect the battle fields of the siege of Petersburg, Virginia, in order to ascertain the feasibility of preserving and marking for historical and professional military study such fields. The commission shall submit a report of its findings to the Secretary of War not later than December 1, 1925.
SEC. 4, There is authorized to be appropriated, out or any money in the Treasury not otherwise appropriated, the sum of $3,000 in order to carry out the provisions of this Act.
1926 - Establishment as National Military Park
Petersburg National Military Park Established to preserve battlefields of - when title acquired.
An Act To establish • national military park at the battlefield. of the siege of Petersburg, Virginia, approved July 3, 1926 (44 Stat. 822)
Be it enacted by the Senate and House of Representatives of the United States of America in Congress as assembled, That in order to commemorate the campaign and siege and defense of Petersburg, Virginia, in 1864 and 1865 and to preserve for historical purposes the breastworks, earthworks, walls, or other defenses or shelters used by the armies therein the battle fields at Petersburg, in the State of Virginia, are hereby declared "' national military park whenever the title to the' same shall have been acquired by the United States by donation and the usual jurisdiction over the lands and roads of the same shall have been granted to the United States by the State of Virginia -- that is to say, one hundred and eighty-five acres or so much thereof as the Secretary of War may deem necessary in and about the city of Petersburg, State of Virginia. (16 U.S.C. § 423.)
SEC. 2. That the Secretary of War is hereby authorized to accept, on behalf of the United States, donations of lands, interests therein, or rights pertaining thereto required for the Petersburg National Military Park. (16 U.S.C. § 423a.)
SEC. 3. The affairs of the Petersburg National Military Park shall, subject to the supervision and direction of the Secretary of War, be in charge of three commissioners, consisting of Army officers, civilians, or both, to be appointed by the Secretary of War, one of whom shall be designated as chairman and another as secretary of the commission. (16 U.S.C. § 423b.)
SEC. 4. It shall be the duties of the commissioners, under the direction of the Secretary of War, to superintend the opening or repair of such roads as may be necessary to the purposes of the park, and to ascertain and mark with historical tablets or otherwise, as the Secretary of War may determine, all breastworks, earthworks, walls, or other defenses or shelters, lines of battle, location of troops, buildings, and other historical points of interest within the park or in its vicinity, and the said commission in establishing the park shall have authority, under the direction of the Secretary of War, to employ such labor and service at rates to be fixed by the Secretary of War, and to obtain such supplies and materials as may be necessary to carry out the provisions of this Act. (16 U.S.C. § 423c.)
SEC. 5. The commission, acting through the Secretary of War, is authorized to receive gifts and contributions from States, Territories, societies, organizations, and individuals for the Petersburg National Military Park: Provided, That all contributions of money received shall be deposited in the Treasury of the United States and credited to a fund to be designated "Petersburg National Military Park Fund," which fund shall be applied to and expended under the direction of the Secretary of War, for carrying out the provisions of this Act. (16 U.S.C. § 423d.)
SEC. 6. It shall be lawful for the authorities of any State having had troops engaged at Petersburg, to enter upon the lands and approaches of the Petersburg National Military Park for the purpose of ascertaining and marking the lines of battle of troops engaged therein: Provided, That before any such lines are permanently designated, the position of the lines and the proposed methods of marking them by monuments, tablets, or otherwise, including the design and inscription for the same, shall be submitted to the Secretary of War and shall first receive written approval of the Secretary, which approval shall be based upon formal written reports to be made to him in each case by the commissioners of the park: Provided, That no discrimination shall be made against any State as to the manner of designating lines, but any grant made to any State by the Secretary of War may be used by any other State. (16 U.S.C. § 423e.)
SEC. 7. If any person shall, except by permission of the Secretary of War, destroy, mutilate, deface, injure, or remove any monument, column, statues, memorial structures, or work of art that shall be erected or placed upon the grounds of the park by lawful authority, or shall destroy or remove any fence, railing, inclosure, or other work for the protection or ornament of said park. or any portion thereof, or shall destroy, cut, hack, bark; break down, or otherwise injure any tree, bush, or shrubbery that may be growing upon said park, or shall cut down or fell or remove any timber, battle relic, tree or trees growing or being upon said park, or hunt within the limits of the park, or shall remove or destroy any breastworks, earthworks, walls, or other defenses or shelter or any part thereof constructed by the armies formerly engaged in the battles on the lands or approaches to the park, any person so offending and found guilty thereof, before any United States commissioner or court, justice of the peace of the county in which the offense may be committed, or any other court of competent jurisdiction, shall for each and ever-v such offense forfeit and pay a fine, in the discretion of the said United States commissioner or court, justice of the peace or other court, according to the aggravation of the offense, of not less than $5 nor more than $500, one-half for the use of the park and the other half to the informant, to be enforced and recovered before such United States commissioner or court, justice of the peace or other court, in like manner as debts of like nature are now by law recoverable in the several counties where the offense may be committed. (16 U.S.C. § 423£.)
SEC. 8. The Secretary of War, subject to the approval of the President, shall have the power to make and shall make all needful rules and regulations for the care of the park, and for the establishment and marking of lines of battle and other historical features of the park. (16 U.S.C. § 423g.)
SEC. 9. Upon completion of the acquisition of the land and the work of the commission. the Secretary of War shall render a report thereon to Congress, and thereafter the park shall be placed in charge of a superintendent at a salary to be fixed by the Secretary of War and paid out of the appropriation available for the maintenance of the park. (16 U.S.C. § 423h.)SEC. 10. To enable the Secretary of War to begin to carry out the provisions of this Act, there is hereby authorized to be appropriated not more than the sum of $15,000, out of any moneys in the Treasury not otherwise appropriated, to be available until expended, after the United States has acquired title, and disbursements under this Act shall be annually reported by the Secretary of War to Congress. (See 16 U.S.C. § 423)
1929 - Portion of Camp Lee Military Reservation Transferred to Park
Portion of Camp Lee may be transferred to Petersburg Military Park (Vol 44, p 822)
Excerpt from "All Act To authorize appropriations for construction at military posts, and for other purposes," approved February 25, 1929 (45 Stat. 1301, 1305)
SEC. 4. That the Secretary of War be, and he is hereby, authorized to transfer to the Petersburg National Military Park such portion of the Camp Lee Military Reservation, Virginia, as in his discretion may be required in connection with the establishment of the Petersburg National Military Park. as authorized by the Act of Congress approved July 3, 1926.
WHEREAS executive order No. 6166 dated June 10, 1933, issued pursuant to the authority of Section 16 of the Act of March 3, 1933 Public No. 428—47 Stat. 1517) provides in Section 2 as follows:
All functions of administration of public buildings, reservations, National parks, national monuments, and national cemeteries are consolidated in an office of National Parks, Buildings, and Reservations in the Department of the Interior, at the head of which shall be Director of National Parks, Buildings, and Reservations; except that where deemed desirable there may be excluded from this provision any public building or reservation which is chiefly employed as a facility in the work of a particular agency. This transfer and consolidation of functions shall include, among others, those of the National Park Service of the Department of the Interior and the National Cemeteries and Parks of the War Department which are located within the continental limits of the United States. National Cemeteries located in foreign countries shall be transferred to the Department of State, and those located in insular possessions under the jurisdiction of the War Department shall be administered by the Bureau of Insular Affairs of the War Department."and;
WHEREAS to facilitate and expedite the transfer and consolidation of certain units and agencies contemplated thereby, it is desirable to make more explicit said Section 2 of the aforesaid executive order of June 10, 1933, insofar as the same relates to the transfer of agencies now administered by the War Department:
NOW, THEREFORE, said executive order No. 6166, dated June 10, 1933, is hereby interpreted as follows:
1. The cemeteries and parks of the War Department transferred to the Interior Department are as follows:
NATIONAL MILITARY PARKS
Chickamauga and Chattanooga National Military Park, Georgia and Tennessee.
Fort Donelson National Military Park, Tennessee.
Fredericksburg and Spotsylvania County Battle Fields Memorial, Virginia.
Gettysburg National Military Park, Pennsylvania.
Guilford Courthouse National Military Park, North Carolina.
Kings Mountain National Military Park, South Carolina.
Moores Creek National Military Park, North Carolina. Petersburg National Military Park, Virginia.
Shiloh National Military Park, Tennessee.
Stones River National Military Park, Tennessee.
Vicksburg National Military Park, Mississippi.
NATIONAL PARKS
Abraham Lincoln National Park, Kentucky.
Fort McHenry National Park, Maryland.
BATTLEFIELD SITES
Antietam Battlefield, Maryland.
Appomattox, Virginia.
Brices Cross Roads, Mississippi.
Chalmette Monument and Grounds, Louisiana.
Cowpens, South Carolina.
Fort Necessity, Wharton County, Pennsylvania.
Kenesaw Mountain, Georgia.
Monocacy, Maryland.
Tupelo, Mississippi.
White Plains, New York.
NATIONAL MONUMENTS
Big Hole Battlefield, Beaverhead County, Montana.
Cabrillo Monument, Ft. Rosecrans, California.
Castle Pinckney, Charleston, South Carolina.
Father Millet Cross, Fort Niagara, New York.
Fort Marion, St. Augustine, Florida.
Fort Matanzas, Florida.
Fort Pulaski, Georgia.
Meriwether Lewis, Hardin County, Tennessee.
Mound City Group, Chillicothe, Ohio.
Statue of Liberty, Fort Wood, New York.
MISCELLANEOUS MEMORIALS
Camp Blount Tablets, Lincoln County, Tennessee.
Kill Devil Hill Monument, Kitty Hawk, North Carolina.
New Echota Marker, Georgia.
Lee Mansion, Arlington National Cemetery, Virginia.
Battleground, District of Columbia.
Antietam, (Sharpsburg) Maryland.
Vicksburg, Mississippi.
Gettysburg, Pennsylvania.
Chattanooga, Tennessee.
Fort Donelson, (Dover) Tennessee.
Shiloh, (Pittsburg Landing) Tennessee.
Stones River, (Murfreesboro) Tennessee.
Fredericksburg, Virginia. Poplar Grove, (Petersburg) Virginia.
Yorktown, Virginia.
2. Pursuant to Section 22 of said executive order it is hereby ordered that the transfer from the War Department of national cemeteries other than those named above be, and the same is hereby postponed until further order.
3. Also pursuant to Section 22 of said executive order it is hereby ordered that the transfer of national cemeteries located in foreign countries from the War Department to the Department of State and the transfer of those located in insular possessions under the jurisdiction of the War Department to the Bureau of Insular Affairs of said Department be, and the same are hereby postponed until further order.
FRANKLIN D. ROOSEVELT.
THE WHITE HOUSE, July 28, 1933
5 U.S.C. 124-132.
Public Law 585 [HR 5287] June 5, 1942, Land Transfer
[Chapter 345]
AN ACT
Related to be transferred to the secretary of war of certain lands owned by the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the secretary of interior shall transfer to the secretary of war jurisdiction over all lands owned by the United States line South and east of Hickory Hill Road within the Petersburg National Military Park in the Commonwealth of Virginia. Upon the date of transfer the land shall cease to be a part of Petersburg national military park and the secretary of war shall thereafter administer the land for military purposes.
Approved June 15. 1942.
1949 - Boundary Adjustments
An Act To add certain surplus land to Petersburg National Military Park. Virginia. to define the boundaries thereof, and for other purpose-. approved September 1, 1949 (63 Stat. 691)
Be it enacted by the Senate and House of Representatives the United States of America in Congress assembled, That the Department of the Army is hereby authorized and directed to transfer to the Department of the Interior, without reimbursement, two tracts of land, comprising two hundred six acres, more or less, situated on either side of Siege Road adjacent to Petersburg National Military Park, Virginia. Upon completion of such transfer, all lands. interest in lands, and other property in Federal ownership and under the administration of the National Park Service as a part of or in conjunction with Petersburg National Military Park, in and about the city of Petersburg, Virginia, and comprising one thousand five hundred thirty-one acres, more or less, upon publication of the description thereof in the Federal Register by the Secretary of the Interior. shall constitute the Petersburg National Military Park. (16 U.S.C. § 423a-1.)
SEC. 2. The Secretary of the Interior is further authorized to adjust the boundary of the Petersburg National Military Park through purchase, exchange. or transfer: Provided. That in doing so the total area of the park will not be increased and that such changes will become effective upon publication of the description thereof in the Federal Register by the Secretary of the Interior. (16 U.S.C. § 423a-2.)
1962 - Name Change
An Act To change the name of the Petersburg National Military Park, to provide for acquisition of a portion of the Five Forks Battlefield. and for other purposes approved August 24, 1962 (76 Stat. 403).
Be it enacted by the Senate and House of Representatives the United States of America in Congress assembled, That the Petersburg National Military Park, established under authority of the Act of July 3, 1926 (44 Stat. 822; 16 U.S.C. 423a, 423b-423h), and enlarged pursuant to the Act of September 7, 1949 (63 Stat. 691; 16 U.S.C. 423a-1, 423a-2), is redesignated the Petersburg National Battlefield.
SEC. 2. The Secretary of the Interior, in furtherance of the purposes of the Acts referred to in section 1 of this Act) may acquire by purchase with donated or appropriated funds, exchange, transfer, or by such other means as he deems to be m the public interest, not to exceed twelve hundred acres of land or interests in land at the site of the Battle of Five Forks for addition to the Petersburg National Battlefield. Lands and interests in lands acquired by the Secretary pursuant to this section shall, upon publication of a description thereof in the Federal ·Register, become a part of the Petersburg National Battlefield, and thereafter shall be administered by the Secretary of the Interior in accordance with the provisions of the Act entitled "An Act to establish a National Park Service, and for other purposes," approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3), as amended and supplemented.
SEC. 3. There are hereby authorized to be appropriated such sums, but not more than $90,000 as are necessary to acquire land pursuant to section 2 of this Act.
Be it enacted by the Senate and House of Representatives the United States of America in Congress assembled TITLE III -ADDITION OF EPPES MANOR TO PETERSBURG NATIONAL BATTLEFIELD
SEC. 313. (a) The Secretary is authorized to acquire the historic Eppes Manor, and such other lands adjacent thereto, not to exceed twenty-one acres, for addition to the Petersburg National Battlefield, as generally depicted on the map entitled "Petersburg National Battlefield, Virginia", numbered APMA 80,001, and dated May 1978.
(b) There are hereby authorized to be appropriated not to exceed $2,200,000 to carry out the purposes of this section. Approved November 10, 1978.
2016 -Boundary Modification
SEC. 2834. PETERSBURG NATIONAL BATTLEFIELD BOUNDARY MODIFICATION.
(a) IN GENERAL. —The boundary of the Petersburg National Battlefield is modified to include the land and interests in land as generally depicted on the map titled ‘‘Petersburg National Battle[1]field Proposed Boundary Expansion’’, numbered 325/80,080, and dated June 2007/March 2016. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
(b) ACQUISITION OF PROPERTIES. — .
(1) AUTHORITY. —The Secretary of the Interior (referred to in this section as the ‘‘Secretary’’) is authorized to acquire the land and interests in land described in subsection (a) from willing sellers only, by donation, purchase with donated or appropriated funds, exchange, or transfer.
(2) TECHNICAL CORRECTION. —Section 313(a) of the National Parks and Recreation Act of 1978 (Public Law 95–625; 92 Stat. 3479) is amended by striking ‘‘twenty-one’’ and inserting ‘‘23’’.
(c) ADMINISTRATION. —The Secretary shall administer any land or interests in land acquired under subsection (b) as part of the Petersburg National Battlefield in accordance with applicable laws and regulations.
(d) ADMINISTRATIVE JURISDICTION TRANSFER. —
(1) IN GENERAL. —There is transferred—
(A) from the Secretary to the Secretary of the Army administrative jurisdiction over the approximately 1.170- acre parcel of land depicted as ‘‘Area to be transferred to Fort Lee Military Reservation’’ on the map described in paragraph (2); and
(B) from the Secretary of the Army to the Secretary administrative jurisdiction over the approximately 1.171- acre parcel of land depicted as ‘‘Area to be transferred to Petersburg National Battlefield’’ on the map described in paragraph (2).
(2) MAP. —The parcels of land described in paragraph (1) are depicted on the map titled ‘‘Petersburg National Battlefield Proposed Transfer of Administrative Jurisdiction’’, numbered 325/80,801A, dated May 2011/March 2016. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
(3) CONDITIONS OF TRANSFER. —The transfer of administrative jurisdiction under paragraph (1) is subject to the following conditions:
(A) NO REIMBURSEMENT OR CONSIDERATION. —The transfer shall be without reimbursement or consideration.
(B) MANAGEMENT. —
(i) LAND TRANSFERRED TO THE SECRETARY OF THE ARMY. —The land transferred to the Secretary of the Army under paragraph (1)(A) shall be excluded from the boundary of the Petersburg National Battlefield.
(ii) LAND TRANSFERRED TO THE SECRETARY. —The land transferred to the Secretary under paragraph (1)(B)—
(I) shall be included within the boundary of the Petersburg National Battlefield; and
(II) shall be administered as part of Petersburg National Battlefield in accordance with applicable laws and regulations.
