16 U.S.C. § 423f: Protection of monuments, etc.

Summary

People must not, without the permission of the Secretary of the Interior, destroy, damage, remove, or deface monuments, statues, memorials, fences, railings, protective works, trees, shrubs, timber, battle relics, earthworks, breastworks, walls, or other defensive structures on battlefield grounds. Hunting on the battlefield is also not allowed. Anyone found guilty in a U.S. magistrate judge or court, a justice of the peace, or another court with authority must pay a fine of not less than $5 and not more than $500 for each offense. The court decides the exact amount based on how serious the act was. Half the fine goes to the battlefield and half to the person who reported the offense. The fine is collected in the same way similar debts were collected on July 3, 1926.

Title 16, §423f

Conservation, Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

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 (§ 631 et seq.) of Title 28.

Executive Documents

Transfer of Functions

Transfer of administrative functions of park, see note set out under section 423 of this title.

§423f Protection of Monuments, Etc.