From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2005]
[Document not affected by Public Laws enacted between
  January 3, 2005 and June 19, 2006]
[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portion of that section set forth here, as originally enacted was as 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.