16 U.S.C. § 607 — Cutting and removal of timber on certain public lands for certain purposes

submitted 135 years ago by ch. 559 to r/title-16-CONSERVATION · 211 words · no verdicts yet

in plain englishAI-generated · not legal advice

In listed Western States, a defendant in certain Federal timber trespass cases may defend by showing that a resident cut or removed the timber for listed local purposes under Interior rules and did not take it out of the State. The Secretary may regulate this use, and the section does not expand railroad rights or repeal sections 604–606.

In Alaska, Colorado, Montana, Idaho, North Dakota, South Dakota, Wyoming, New Mexico, Arizona, and the gold and silver regions of Nevada, California, Oregon, Washington, and Utah, a person sued or prosecuted by the United States for trespassing on public timber land or recovering timber or lumber cut there may defend by showing that a State resident cut or removed it for use in that State for agriculture, mining, manufacturing, or domestic purposes under Interior Department rules, and did not transport it out of the State. This does not enlarge a railway company’s right to cut public timber. The Interior Secretary may issue rules, designate lands where timber may be cut, and prohibit cutting or removal except as the rules allow. This section does not repeal sections 604 through 606.

the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Mar. 3, 1891, ch. 559, 26 Stat. 1093; Mar. 3, 1891, ch. 561, § 8, 26 Stat. 1099; Feb. 13, 1893, ch. 103, 27 Stat. 444; July 1, 1898, ch. 546, § 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, § 41, June 25, 1959, 73 Stat. 151.)

history & why it existsrecord from the source credit

1891Enacted · Act of Mar. 3, 1891, ch. 559 · 26 Stat. 1093
1891Amended · Act of Mar. 3, 1891, ch. 561 · 26 Stat. 1099
1893Amended · Act of Feb. 13, 1893, ch. 103 · 27 Stat. 444
1898Amended · Act of July 1, 1898, ch. 546 · 30 Stat. 618
1901Amended · Act of Mar. 3, 1901, ch. 855 · 31 Stat. 1436
1901Amended · Act of Mar. 3, 1901, ch. 862 · 31 Stat. 1439
1919Amended · Act of Mar. 3, 1919, ch. 111 · 40 Stat. 1321
1919Amended · Act of Mar. 3, 1919, ch. 115 · 40 Stat. 1322
1922Amended · Act of Feb. 27, 1922, ch. 82 · 42 Stat. 398
1935Amended · Act of Aug. 21, 1935, ch. 591 · 49 Stat. 665
1959Amended · Pub. L. 86-70 · 73 Stat. 151

A history note hasn’t been published yet. The record shows enactment by ch. 559 on 1891-03-03.

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