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16 U.S.C. § 1338 — Criminal provisions

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1338 — Criminal provisions

**(a) Violations; penalties; trial** 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) except as provided in [section 1333(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1333/e&num=0&edition=prelim), 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 1334 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1334&num=0&edition=prelim), or the remains thereof, or (6) willfully violates a regulation issued pursuant to this chapter, 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 judge 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 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3401&num=0&edition=prelim). **(b) Arrest; appearance for examination or trial; warrants: issuance and execution** Any employee designated by the Secretary of the Interior or the Secretary of Agriculture shall have power, without warrant, to arrest any person committing in the presenc

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Source location: Title 16, Chapter 30, § 1338; chapter-030-wild-horses-and-burros-protection-management-and-control.md

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1334 — Private maintenance; numerical approximation; strays on private lands: removal; destruction by agents

If wild free-roaming horses or burros stray from public lands onto privately owned land, the owners of such land may inform the nearest Federal marshall or agent of the Secretary, who shall arrange to have the animals removed. In no event shall such wild free-roaming horses and burros be destroyed except by the agents of the Secretary. Nothing in this section shall be construed to prohibit a private landowner from maintaining wild free-roaming horses or burros on his private lands, or lands leased from the Government, if he does so in a manner that protects them from harassment, and if the animals were not willfully removed or enticed from the public lands. Any individuals who maintain such wild free-roaming horses or burros on their private lands or lands leased from the Government shall notify the appropriate agent of the Secretary and supply him with a reasonable approximation of the number of animals so maintained.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 631 — Appointment and tenure

**(a)** The judges of each United States district court and the district courts of the Virgin Islands, Guam, and the Northern Mariana Islands shall appoint United States magistrate judges in such numbers and to serve at such locations within the judicial districts as the Judicial Conference may determine under this chapter. In the case of a magistrate judge appointed by the district court of the Virgin Islands, Guam, or the Northern Mariana Islands, this chapter shall apply as though the court appointing such a magistrate judge were a United States district court. Where there is more than one judge of a district court, the appointment, whether an original appointment or a reappointment, shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge. Where the conference deems it desirable, a magistrate judge may be designated to serve in one or more districts adjoining the district for which he is appointed. Such a designation shall be made by the concurrence of a majority of the judges of each of the district courts involved and shall specify the duties to be performed by the magistrate judge in the adjoining district or districts. **(b)** No individual may be appointed or reappointed to serve as a magistrate judge under this chapter unless: (1) He has been for at least five years a member in good standing of the bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, except that an individual who does not meet the bar membership requirements of this paragraph may be appointed and serve as a part-time magistrate judge if the appo

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3401 — Misdemeanors; application of probation laws

**(a)** When specially designated to exercise such jurisdiction by the district court or courts he serves, any United States magistrate judge shall have jurisdiction to try persons accused of, and sentence persons convicted of, misdemeanors committed within that judicial district. **(b)** Any person charged with a misdemeanor, other than a petty offense may elect, however, to be tried before a district judge for the district in which the offense was committed. The magistrate judge shall carefully explain to the defendant that he has a right to trial, judgment, and sentencing by a district judge and that he may have a right to trial by jury before a district judge or magistrate judge. The magistrate judge may not proceed to try the case unless the defendant, after such explanation, expressly consents to be tried before the magistrate judge and expressly and specifically waives trial, judgment, and sentencing by a district judge. Any such consent and waiver shall be made in writing or orally on the record. **(c)** A magistrate judge who exercises trial jurisdiction under this section, and before whom a person is convicted or pleads either guilty or nolo contendere, may, with the approval of a judge of the district court, direct the probation service of the court to conduct a presentence investigation on that person and render a report to the magistrate judge prior to the imposition of sentence. **(d)** The probation laws shall be applicable to persons tried by a magistrate judge under this section, and such officer shall have power to grant probation and to revoke, modify, or reinstate the probation of any person granted probation by a magistrate judge. **(e)** Proceedings before United States magistrate judges under this section shall be taken down by a court reporte

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1338 — Criminal provisions

Page 1761 TITLE 16—CONSERVATION § 1338 the case of a board established by the Congress, its du- ration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Em- ployees. § 1334. Private maintenance; numerical approxi- mation; strays on private lands: removal; de- struction by agents If wild free-roaming horses or burros stray from public lands onto privately owned land, the owners of such land may inform the nearest Federal marshall or agent of the Secretary, who shall arrange to have the animals removed. In no event shall such wild free-roaming horses and burros be destroyed except by the agents of the Secretary. Nothing in this section shall be con- strued to prohibit a private landowner from maintaining wild free-roaming horses or burros on his private lands, or lands leased from the Government, if he does so in a manner that pro- tects them from harassment, and if the animals were not willfully removed or enticed from the public lands. Any individuals who maintain such wild free-roaming horses or burros on their pri- vate lands or lands leased from the Government shall notify the appropriate agent of the Sec- retary and supply him with a reasonable ap- proximation of the number of animals so main- tained. (Pub. L. 92–195, § 4, Dec. 15, 1971, 85 Stat. 650.) § 1335. Recovery rights A person claiming ownership of a horse or burro on the public lands shall be entitled to re- cover it only if recovery is permissible under the branding and estray laws of the State in which the animal is found. (Pub. L. 92–195, § 5, Dec. 15, 1971, 85 Stat. 650.) § 1336. Cooperative agreements; regulations The Secretary is authorized to enter into co- operative agreements with other landowners and with the State and lo

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