§ 604. — Cutting timber on certain mineral lands; permits to corporations; railroad corporations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC604]
TITLE 16--CONSERVATION
CHAPTER 4--PROTECTION OF TIMBER, AND DEPREDATIONS
Sec. 604. Cutting timber on certain mineral lands; permits to
corporations; railroad corporations
All citizens of the United States and other persons, bona fide
residents of the States of Colorado, Nevada, New Mexico, Arizona, Utah,
Wyoming, North Dakota, South Dakota, Idaho, or Montana, and all other
mineral districts of the United States, are authorized and permitted to
fell and remove, for building, agricultural, mining, or other domestic
purposes, any timber or other trees growing or being on the public
lands, said lands being mineral, and not subject to entry under existing
laws of the United States, except for mineral entry, in said States or
districts of which such citizens or persons may be at the time bona fide
residents, subject to such rules and regulations as the Secretary of the
Interior may prescribe for the protection of the timber and of the
undergrowth growing upon such lands, and for other purposes. It shall be
lawful for the Secretary of the Interior to grant permits in accordance
with the provisions of this section, to corporations incorporated under
a Federal law of the United States or incorporated under the laws of a
State or Territory of the United States, other than the State in which
the privilege is requested. Such permits to confer the same rights and
benefits upon such corporations as are conferred upon corporations
incorporated in the State in which the privilege is to be exercised, but
all such corporations shall first have complied with the laws of that
State so as to entitle them to do business therein. The provisions of
this section and sections 605 and 606 of this title shall not extend to
railroad corporations.
(June 3, 1878, ch. 150, Sec. 1, 20 Stat. 88; Jan. 11, 1921, ch. 22, 41
Stat. 1088.)
Codification
The first sentence of this section is from section 1 of act June 3,
1878.
The words of this section reading ``bona fide residents of the
States of Colorado, Nevada, New Mexico, Arizona, Utah, Wyoming, North
Dakota, South Dakota, Idaho, or Montana,'' read in the original section,
``bona fide residents of the State of Colorado, or Nevada, or either of
the Territories of New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, or
Montana.''
A proviso at the close of section 1 of act June 3, 1878, was
combined with a similar proviso in act Jan. 11, 1921, to form the last
sentence of this section.
Act of Jan. 11, 1921, is the source of the remainder of the section.
As originally enacted that act began with the following language:
``Section 1 of an Act entitled `An Act authorizing the citizens of
Colorado, Nevada, and the Territories to fell and remove timber on the
public domain for mining and domestic purposes,' approved June 3, 1878,
chapter 150, page 88, volume 20, United States Statutes at Large, and
section 8 of an Act entitled `An Act to repeal timber-culture laws, and
for other purposes,' approved March 3, 1891, as amended by an Act
approved March 3, 1891, chapter 559, page 1093, volume 26, United States
Statutes at Large, and the several Acts amendatory thereof, be, and the
same are hereby, extended so that,'' etc.
This language was omitted as having been given effect by the
combination of the remaining language of the act with section 1 of act
June 3, 1878, to form this section, by section 612 of this title.
Section Referred to in Other Sections
This section is referred to in sections 605, 606, 607 of this title.
