EXECUTIVE ORDER
[No. 1216 – June 23, 1910]

It is hereby ordered that the E½ of the NE¼ of the SE¼ of the NW¼, sec. 24, T. 2 S., R. 17 W., Montana, containing 5 acres of unsurveyed land, as represented upon the accompanying diagram, embracing the Big Hole, Battlefield Monument in Beaverhead County, be, and the same is hereby, reserved for military purposes for use in protecting said monument, in accordance with the act of Congress approved June 8, 1906 (34 Stats., 225).

Wm. H. Taft.

    The White House,
               June 23, 1910.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION
[No. 2339 – June 29, 1939 – 53 Stat. 2554]

WHEREAS, the unsurveyed E½ NE¼ SE¼ NW¼ sec. 24, T. 2. S., R. 17 W., P. M., Montana, was reserved by Executive Order No. 1216 of June 23, 1910, as the Big Hole Battlefield Monument;

WHEREAS upon survey it has been found that the area intended to be reserved by that Executive order is the five-acre tract designated as the "Big Hole Battlefield Monument" on General Land Office supplemental plat of the survey of sec. 24, approved July 19, 1917, and described by metes and bounds as follows:

Beginning at a point S. 0°1' W., 5.00 chs. and N. 89°42' E., 3.00 chs. from the northwest sixteenth-section corner of Sec. 24, T. 2 S., R. 17 W., M. P. M.; thence S. 0°2' W., 10.00 chs.; S. 89°42' W., 5.00 chs.; N. 10 chs.; N. 89°42' E., 5.0 chs; to point of beginning;

WHEREAS it appears that certain public lands within the Beaverhead National Forest, adjacent to the Big Hole Battlefield Monument, are historic landmarks, forming a part of the battle grounds where Chief Joseph and a band of Nez Perce Indians were defeated by a detachment of United States Soldiers;

WHEREAS certain other public lands within the aforesaid national forest are contiguous to the said national monument and are necessary for the proper care, management, and protection of the historic landmarks included within the monument; and

WHEREAS it appears that it would be in the public interest to reserve all of the aforesaid public lands as a part of the said national monument;

NOW, THEREFORE, I, Franklin D. Roosevelt, President of the United States of America, under and by the virtue of the authority vested in me by the act of June 4, 1897, 30 Stat. 11, 36 (U.S.C., title 16, sec. 473), and the act of June 8, 1908, c. 3060, 34 Stat. 225 (U.S.C., title 16, sec. 431), do proclaim that the above-mentioned Executive Order of June 23, 1910, is hereby construed in conformity with the supplemenetal plat of survey approved July 19, 1917, to embrace the tract described above by metes and bounds, as well as the area erroneously reserved thereby; and that the here-inafter-described lands are hereby excluded from the Beaverhead National Forest and, subject to valid existing rights, added to and made a part of the said monument, which is hereby designated as the Big Hole Battlefield National Monument:

MONTANA PRINCIPAL MERIDIAN

T. 2 S., R. 17 W., sec. 24, lots 1 and 2 N½ NW¼
                                  sec. 23, E½ NE¼ NE¼, E½ SE¼ NE¼
comprising 195 acres.

Warning is hereby expressly given to all unauthorized persons not to appropriate, injure, destroy, or remove any feature of this monument and not to locate or settle upon any of the lands thereof.

The Director of the National Park Service under the direction of the Secretary of the Interior, shall have the supervision, management, and control of the monument as provided in the act of Congress entitled, "An act to establish a National Park Service, and for other purposes," approved August 25, 1916 (39 Stat. 535, U.S.C., title 16, sec. 1 and 2), and acts supplementary thereto or amendatory thereof.

IN WITNESS WHEREOF I have herunto set my hand and caused the seal of the United States to be affixed.

DONE at the City of Washington, this 29th day of June in the year of our Lord nineteen hundred and thirty-nine, and of the Independence of the United States of America the one hundred and sixty-third.

FRANKLIN D. ROOSEVELT

By the President:
      CORDELL HULL,
             The Secretary of the State.

1. Reorganization of Government, excerpts from Executive Order No. 6166 of June 10, 1933 (5 U.S.C. secs. 124-132).

ORGANIZATION OF EXECUTIVE AGENCIES

WHEREAS section 16 of the act of March 3, 1933 (Public, No. 428, 47 Stat. 1517), provides for reorganizations within the executive branch of the Government; requires the President to investigate and determine what reorganizations are necessary to effectuate the purposes of the statute; and authorizes the President to make such reorganizations by Executive order; and

WHEREAS I have investigated the organization of all executive and administrative agencies of the Government and have determined that certain regroupings. consolidations, transfers, and abolitions of executive agencies and functions thereof are necessary to accomplish the purposes of section 16;

NOW, THEREFORE, by virtue of the aforesaid authority, I do hereby order that:

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SECTION 2.–National Parks; Buildings, and Reservations

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 ¹ in the Department of the Interior, at the head of which shall be a 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.

The functions of the following agencies are transferred to the Office of National Parks, Buildings, and Reservations of the Department of the Interior, and the agencies are abolished:

Arlington Memorial Bridge Commission
Public Buildings Commission
Public Buildings and Public Parks of the National Capital
National Memorial Commission
Rock Creek and Potomac Parkway Commission

Expenditures by the Federal Government for the purposes of the Commission of Fine Arts, the George Rogers Clark Sesquicentennial Commission, and the Rushmore National Commission shall be administered by the Department of the Interior.

¹ "National Park Service" was substituted for "Office of National Parks, Buildings, and Reservations" by Act of March 2, 1934 (48 Stat. 389), see excerpt, page 13.

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SECTION 19.–General Provisions

Each agency, all the functions of which are transferred to or consolidated with another agency, is abolished.

The records pertaining to an abolished agency or a function disposed of, disposition of which is not elsewhere herein provided for, shall be transferred to the successor. If there be no successor agency, and such abolished agency be within a department, said records shall be disposed of as the head of such department may direct.

The property, facilities, equipment, and supplies employed in the work of an abolished agency or the exercise of a function disposed of, disposition of which is not elsewhere herein provided for, shall, to the extent required, be transferred to the successor agency. Other such property, facilities, equipment, and supplies shall be transferred to the Procurement Division.

All personnel employed in connection with the work of an abolished agency or function disposed of shall be separated from the service of the United States, except that the head of any successor agency, subject to my approval, may, within a period of four months after transfer or consolidation, reappoint any of such personnel required for the work of the successor agency without reexamination or loss of civil-service status.

SECTION 20.–Appropriations

Such portions of the unexpended balances of appropriations for any abolished agency or function disposed of shall be transferred to the successor agency as the Director of the Budget shall deem necessary.

Unexpended balances of appropriations for an abolished agency or function disposed of, not so transferred by the Director of the Budget, shall, in accordance with law, be impounded and returned to the Treasury.

SECTION 21.–Definitions

As used in this order–

"Agency" means any commission, independent establishment, board. bureau, division, service, or office in the executive branch of the Government.

"Abolished agency" means any agency which is abolished, transferred. or consolidated.

"Successor agency" means any agency to which is transferred some other agency or function, or which results from the consolidation of other agencies or functions.

"Function disposed of" means any function eliminated or transferred.

SECTION 22.–Effective Date

In accordance with law, this order shall become effective 61 days from its date; Provided, That in case it shall appear to the President that the interests of economy require that any transfer, consolidation, or elimination be delayed beyond the date this order becomes effective, he may, in his discretion, fix a later date therefor, and he may for like cause further defer such date from time to time.

FRANKLIN D. ROOSEVELT.

THE WHITE HOUSE;
           June 10, 1933.

[No. 6166]

2. Reorganization of Government, Executive Order No. 6228 of July 28, 1933, to make more explicit and to interpret Section 2 of Executive Order No. 6166 of June 10, 1933 (5 U.S.C. secs. 124-132)

ORGANIZATION OF EXECUTIVE AGENCIES

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 a 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,² 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.

NATIONAL CEMETERIES

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 Wharton Township, Fayette County.

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.

[No. 6228]

Big Hole Battle-
field National
Monument.


53 Stat. 2544,
3 CFR, Cum.
Supp.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Big Hole Battlefield National Monument, established by Executive Order Numbered 1216 of June 23, 1910, and enlarged by Proclamation Numbered 2339 of June 29, 1939, is hereby redesignated as the Big Hole National Battlefield.

SEC. 2. In order to preserve historic features and sites associated with the Battle of the Big Hole and to facilitate their administration

77 Stat.]          PUBLIC LAW 88-24 – MAY 17, 1963

and interpretation, the boundaries of the Big Hole National Battlefield are hereby revised to include the following described lands:

MONTANA PRINCIPAL MERIDIAN

Township 2 south, range 17, west: Section 13, southwest quarter southeast quarter, southeast quarter southwest quarter, east half southwest quarter southwest quarter; section 23, east half northeast quarter southeast quarter; section 24, west half east half, north half southwest quarter, southeast quarter southwest quarter, east half southwest quarter southwest quarter; section 25, those portions of the northeast quarter northwest quarter, and the northwest quarter northeast quarter lying north of the north right-of-way line of relocated Montana State Route 43; consisting of approximately 466 acres.

SEC. 3. (a) The Secretary of the Interior may acquire by donation, purchase, exchange, or otherwise, lands and interests in lands within the area described in section 2 of this Act.

(b) Any lands described in section 2 of this Acts that ar a part of the Beaverhead National Forest when this Act takes effect are hereby excluded from the forest and added to the Big Hole National Battlefield.

(c) Lands included in the Big Hole National Battlefield pursuant to this Act shall be administered 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. 1-3), as amended and supplemented.

SEC. 4. There is hereby retroceded to the State of Montana, effective when accepted by said State in accordance with its laws, such jusrisdiction as has been ceded by such State to the United Stats over any lands within the boundaries of the Big Hole National Battlefield reserving in the United States, however, concurrent legislative jurisdiction over such lands.

SEC. 5. There are authorized to be appropriated such sums not exceeding $20,000 as are necessary for the acquisition of lands and interests in land pursuant to this Act.

Approved May 17, 1963.

An Act to provide for increases in appropriation ceilings and boundary changes in certain units of the national park system, and for other purposes. (86 Stat. 120)

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

TITLE I – ACQUISITION CEILING INCREASES

SEC. 101. The limitations on appropriations for the acquisition of lands and interests within units of the national park system contained in the following Acts are amended as follows:

* * * * * * * * * * *

(2) Big Hole National Battlefield, Montana : section 5 of the Act of May 17, 1963 (77 Stat. 18), is amended by changing "$20,000" to "$42,500";

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Approved April 11, 1972.

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