US Code

Public Law 119-73 (01/23/2026)

16 U.S.C. § 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. 55926 Stat. 1093Mar. 3, 1891, ch. 561, § 826 Stat. 1099Feb. 13, 1893, ch. 10327 Stat. 444July 1, 1898, ch. 546, § 130 Stat. 618Mar. 3, 1901, ch. 85531 Stat. 1436Mar. 3, 1901, ch. 86231 Stat. 1439Mar. 3, 1919, ch. 11140 Stat. 1321Mar. 3, 1919, ch. 11540 Stat. 1322Feb. 27, 1922, ch. 8242 Stat. 398Aug. 21, 1935, ch. 59149 Stat. 665Pub. L. 86–70, § 4173 Stat. 151(, ; , ; , ; , ; , ; , ; , ; , ; , ; , ; , , .)

Editorial Notes

Codification

act Mar. 3, 1891, ch. 561

Provided“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: , That the Secretary of the Interior may make suitable rules and regulations to carry out the provisions of this section”
act Mar. 3, 1891, ch. 559act Mar. 3, 1901, ch. 855Section was derived from section 8 of . The portion of that section set forth here, as originally enacted was as follows: . It was amended to read as set forth here by , except that after the word “Wyoming,” the words “New Mexico and Arizona,” were inserted by act , and after the word “Nevada,” the words “California, Oregon, and Washington” were inserted by .

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”.

section 611 of this titleAct , amended section in the manner set out in .

Act Mar. 3, 1919, ch. 111section 608 of this title, amended section in the manner set out in .

Act Mar. 3, 1919, ch. 115section 609 of this title, amended section in the manner set out in .

section 610 of this titleAct , amended section in the manner set out in .

section 611a of this titleAct , amended section in the manner set out in .

section 2506 of Title 43The 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 , Public Lands.

Amendments

Pub. L. 86–701959— included Alaska within the enumeration of States and struck out provisions which related to Territory of Alaska.