§ 423f. — Protection of monuments, etc.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC423f]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LX--NATIONAL MILITARY PARKS
Sec. 423f. Protection of monuments, etc.
If any person shall, except by permission of the Secretary of the
Interior, 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 battlefield by lawful
authority, or shall destroy or remove any fence, railing, inclosure, or
other work for the protection or ornament of said battlefield, 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 battlefield, or shall cut down or fell or remove any timber, battle
relic, tree or trees growing or being upon said battlefield, or hunt
within the limits of the battlefield, 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 battlefield, any person so offending and
found guilty thereof, before any United States magistrate judge 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 every such offense forfeit and pay a fine, in the discretion of the
said United States magistrate judge 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 battlefield and
the other half to the informant, to be enforced and recovered before
such United States magistrate judge or court, justice of the peace or
other court, in like manner as debts of like nature were, on July 3,
1926, by law recoverable in the several counties where the offense may
be committed.
(July 3, 1926, ch. 746, Sec. 7, 44 Stat. 823; Ex. Ord. No. 6166, Sec. 2,
June 10, 1933; Ex. Ord. No. 6228, Sec. 1, July 28, 1933; Pub. L. 87-603,
Sec. 1, Aug. 24, 1962, 76 Stat. 403; Pub. L. 90-578, title IV,
Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101-650, title
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
Change of Name
``Battlefield'' substituted for ``park'' wherever appearing in text,
in view of redesignation of Petersburg National Military Park as
Petersburg National Battlefield by Pub. L. 87-603. See section 423h-1 of
this title.
``United States magistrate judge'' substituted for ``United States
magistrate'' wherever appearing in text pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28, Judiciary
and Judicial Procedure. Previously, ``United States magistrate''
substituted for ``United States commissioner'' pursuant to Pub. L. 90-
578. See chapter 43 (Sec. 631 et seq.) of Title 28.
Transfer of Functions
Transfer of administrative functions of park, see note set out under
section 423 of this title.
Section Referred to in Other Sections
This section is referred to in sections 423c, 423d, 423h-1, 423h-2
of this title.
