§ 1338. Criminal provisions

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1971

   Pub. L. 92–195 § 8 · 85 Stat. 649

   Enacted · 16 U.S.C. § 1338

   Pub. L. 92–195, § 8, Dec. 15, 1971, 85 Stat. 650

   Source evidence

   Code source credit
   Pub. L. 92–195, § 8, Dec. 15, 1971, 85 Stat. 650

   Enacted provision · exact public law section
   Sec. 8. Any person who— (1) willfully removes or attempts to remove a wild free-roaming horse or burro from the public lands, without authority from the Secretary, or (2) converts a wild free-roaming horse or burro to private use, without authority from the Secretary, or (3) maliciously causes the death or harassment of any wild free-roaming horse or burro, or (4) processes or permits to be processed into commercial products the remains of a wild free-roaming horse or burro or (5) sells, directly or indirectly, a wild free-roaming horse or burro maintained on private or leased land pursuant to section 4 of this Act, or the remains thereof, or (6) willfully violates a regulation issued pursuant to this Act, shall be subject to a fine of not more than $2,000, or imprisonment for not more than one year, or both. Any person so charged with such violation by the Secretary may be tried and sentenced by any United States commissioner or magistrate designated for that purpose by the court, by which he was appointed, in the same manner and subject to the same conditions as provided for in section 3401, title 18, United States Code. 82 Stat. 1115. (b) Any employee designated by the Secretary of the Interior or Power of arrest. the Secretary of Agriculture shall have power, without warrant, to arrest any person committing in the presence of such employee a violation of this Act or any regulation made pursuant thereto, and to take such person immediately for examination or trial before an officer or court of competent jurisdiction, and shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of this Act or regulations made pursuant thereto. Any judge of a court established under the laws of the United States, or any United States magistrate may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases.

2. 2004

   Department of the Interior and Related Agencies Appropriations Act, 2005

   Pub. L. 108–447 div. E title I § 142(b) · 118 Stat. 2809

   Inserted · 16 U.S.C. § 1338(a)(4)

   Pub. L. 108–447 inserted “except as provided in section 1333(e) of this title,” before “processes or permits”

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 108–447 inserted “except as provided in section 1333(e) of this title,” before “processes or permits”.

   Enacted provision · exact public law section
   (b) Criminal Provisions.— Section 8(a)(4) of Public Law 92–195 (16 U.S.C. 1338(a)(4)) is amended by inserting “except as provided in section 3(e),” before “processes”.

2 of 2 references resolved to an enrolled provision