§ 607. — Cutting and removal of timber on certain public lands for certain purposes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC607]
TITLE 16--CONSERVATION
CHAPTER 4--PROTECTION OF TIMBER, AND DEPREDATIONS
Sec. 607. Cutting and removal of timber on certain public lands
for certain purposes
In the States of Alaska, Colorado, Montana, Idaho, North Dakota, and
South Dakota, Wyoming, New Mexico, and Arizona, and the gold and silver
regions of Nevada, California, Oregon, Washington, and Utah in any
criminal prosecution or civil action by the United States for a trespass
on such public timber lands or to recover timber or lumber cut thereon
it shall be a defense if the defendant shall show that the said timber
was so cut or removed from the timber lands for use in such State by a
resident thereof for agricultural, mining, manufacturing, or domestic
purposes under rules and regulations made and prescribed by the
Secretary of the Interior and has not been transported out of the same,
but nothing herein contained shall operate to enlarge the rights of any
railway company to cut timber on the public domain. The Secretary of the
Interior may make suitable rules and regulations to carry out the
provisions of this section, and he may designate the sections or tracts
of land where timber may be cut, and it shall not be lawful to cut or
remove any timber except as may be prescribed by such rules and
regulations, but this section shall not operate to repeal sections 604
to 606 of this title.
(Mar. 3, 1891, ch. 559, 26 Stat. 1093; Mar. 3, 1891, ch. 561, Sec. 8, 26
Stat. 1099; Feb. 13, 1893, ch. 103, 27 Stat. 444; July 1, 1898, ch. 546,
Sec. 1, 30 Stat. 618; Mar. 3, 1901, ch. 855, 31 Stat. 1436; Mar. 3,
1901, ch. 862, 31 Stat. 1439; Mar. 3, 1919, ch. 111, 40 Stat. 1321; Mar.
3, 1919, ch. 115, 40 Stat. 1322; Feb. 27, 1922, ch. 82, 42 Stat. 398;
Aug. 21, 1935, ch. 591, 49 Stat. 665; Pub. L. 86-70, Sec. 41, June 25,
1959, 73 Stat. 151.)
Codification
Section was derived from section 8 of act Mar. 3, 1891, ch. 561. The
portion of that section set forth here, as originally enacted was as
follows: ``And in the States of Colorado, Montana, Idaho, North Dakota,
and South Dakota, Wyoming, and in the District of Alaska and the gold
and silver regions of Nevada, and the Territory of Utah, in any criminal
prosecution or civil action by the United States for a trespass on such
public timber lands or to recover timber or lumber cut thereon, it shall
be a defense if the defendant shall show that the said timber was so cut
or removed from the timber lands for use in such State or Territory by a
resident thereof for agricultural, mining, manufacturing, or domestic
purposes, and has not been transported out of the same; but nothing
herein contained shall apply to operate to enlarge the rights of any
railway company to cut timber on the public domain: Provided, That the
Secretary of the Interior may make suitable rules and regulations to
carry out the provisions of this section''. It was amended to read as
set forth here by act Mar. 3, 1891, ch. 559, except that after the word
``Wyoming,'' the words ``New Mexico and Arizona,'' were inserted by act
Feb. 13, 1893, and after the word ``Nevada,'' the words ``California,
Oregon, and Washington'' were inserted by act Mar. 3, 1901, ch. 855.
In the section as originally enacted the words ``Territory of
Alaska'' read ``District of Alaska,'' and the words ``the Territory
of,'' preceded the word ``Utah''.
Act July 1, 1898, amended section in the manner set out in section
611 of this title.
Act Mar. 3, 1919, ch. 111, amended section in the manner set out in
section 608 of this title.
Act Mar. 3, 1919, ch. 115, amended section in the manner set out in
section 609 of this title.
Act Feb. 27, 1922, amended section in the manner set out in section
610 of this title.
Act Aug. 21, 1935, amended section in the manner set out in section
611a of this title.
The portion of the section omitted here prescribed the time within
which suits by the United States to annul patents should be brought, and
is classified to section 1166 of Title 43, Public Lands.
Amendments
1959--Pub. L. 86-70 included Alaska within the enumeration of States
and struck out provisions which related to Territory of Alaska.
Section Referred to in Other Sections
This section is referred to in sections 608, 609, 610, 611, 611a,
612, 613 of this title.
