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TIMBER.

Page. See " Forest Reserves"; also “Timber and Stone Lands." Act of June 3, 1878-Timber on mineral lands in certain States may be taken for certain purposes Not extended to railroads--Penalty for taking for unauthorized purposes.--

597 Act of June 15, 1880_Entry and payment of price to stop suit for trespass. 598 Act of March 3, 1891-Defense in criminal prosecutions in certain States if timber is used for certain purposes.

599 Act of February 13, 1893-Act of March 3, 1891, extended to New Mexico and Arizona

600 Act of June 4, 1897—Sale of timber within forest reserves-Use by settlers. 600 Act of July 1, 1898-Citizens of Idaho and Wyoming may be permitted to cut certain timber.-

601 Act of March 3, 1901-Act of March 3, 1891, extended to California, Ore gon, and Washington..

601 Act of March 3, 1901-Pryor Mountains, Montana..

601 Act of March 4, 1909-Penalty for timber depredations.

602 Act of August 10, 1912--Sale of timber within forest reserves for domestic use.

603 Act of March 4, 1913--Sale of timber killed by forest fires -

603 Act of March 4, 1913–Timber cut in national forests may be exported from State

603 Act of March 3, 1919-Modoc County, California, and Nevada-

604 Act of March 3, 1919-Citizens in Oregon may cut certain timber in Idaho. 605 Act of December 30, 1920-Corporations given right to cut timber for certain purposes.

605 Act of February 27, 1922--Citizens in Utah given right to cut certain timber in Arizona

606 Act of September 20, 1922—-Protection of timber on public lands..

606 An Act Authorizing the citizens of Colorado, Nevada, and the Terri

tories to fell and remove timber on the public domain for mining and domestic purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemBled, That all citizens of the United States and other per- Timber on minsons, bona fide residents of the State of Colorado, or Ne- belaken for men vada, or either of the territories of New Mexico, Arizona, tain purposes. Utah, Wyoming, Dakota, Idaho, or Montana, and all other mineral districts of the United States, shall be, and are hereby, 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 either of said States, Territories, 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

Not to extend growing upon such lands, and for other purposes : Proto . porations. vided, That the provisions of this Act shall not extend

to railroad corporations. Taking for un Sec. 2. That it shall be the duty of the register and authorized pur. poвes. . the receiver of any local land office in whose district any

mineral land may be situated to ascertain from time to time whether any timber is being cut or used upon any such lands, except for the purposes authorized by this Act, within their respective land districts; and, if so, they shall immediately notify the Commissioner of the General Land Office of that fact; and all necessary expenses incurred in making such proper examinations shall be paid and allowed such register and receiver in making up

their next quarterly accounts. Penalty. SEO. 3. Any person or persons who shall violate the

provisions of this Act, or any rules and regulations in pursuance thereof made by the Secretary of the Interior, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not exceeding five hundred dollars, and to which may be added imprisonment for any term not exceeding six months.

Approved, June 3, 1878 (20 Stat. 88).

An Act Relating to the public lands of the United States.
Be it enacted by the Senate and House of Representa-

tives of the United States of America in Congress assemEntry and pay: bled, That when any lands of the United States shall stop suit for tres have been entered and the Government price paid therepass.

for in full no criminal suit or proceeding by or in the name of the United States shall thereafter be had or further maintained for any trespasses upon or for or on account of any material taken from said lands, and no civil suit or proceeding shall be had or further maintained for or on account of any trespasses upon or mate. rial taken from the said lands of the United States in the ordinary clearing of land, in working a mining claim, or

for agricultural or domestic purposes, or for maintaining Bona ide set, improvements upon the land of any bona fide settler, or ther protected from suit.

for or on account of any timber or material taken or used by any person without fault or knowledge of the tres. pass, or for or on account of any timber taken or used without fraud or collusion by any person who in good faith paid the officers or agents of the United States for the same, or for or on account of any alleged conspiracy in relation thereto: Prorided, That the provisions of this section shall apply only to trespasses and acts done

or committed and conspiracies entered into prior to Not to apply March first, eighteen hundred and seventy-nine: And girior to March 1,

prorided further, That defendants in such suits or proDefendants to ceedings shall exhibit to the proper courts or officer the kubrit evidence

eridence of such entry and payment, and shall pay all of entry.

costs accrued up to the time of such entry.

trymen.

Sec. 2. That persons who have heretofore under any

Homestead en

tries, sale of. of the homestead laws entered lands properly subject to such entry, or persons to whom the right of those having so entered for homesteads may, have been attempted to be transferred by bona fide instrument in writing, may entitle themselves to said lands by paying the Government price therefor, and in no case less than one dollar and twenty-five cents per acre, and the amount heretofore paid the Government upon said lands shall be taken as part payment of said price: Provided, This shall in fere with interna nowise interfere with the rights or claims of others who of subsequent enmay have subsequently entered such lands under the homestead laws.

Sec. 3. That the price of lands now subject to entry in alternate sec which were raised to two dollars and fifty cents per acre,

tions granted and put in market prior to January, eighteen hundred niesto reduced to and sixty-one, by reason of the grant of alternate sec- $1.25 per acre. tions for railroad purposes, is hereby reduced to one dollar and twenty-five cents per acre.

Sec. 4. This Act shall not apply to any of the mineral Mineral , lands lands of the United States; and no person who shall be provisions of act. prosecuted for or proceeded against on account of any trespass committed or material taken from any of the public lands after March first, eighteen hundred and seventy-nine, shall be entitled to the benefit thereof.

Approved, June 15, 1880 (21 Stat. 237).

An Act To amend section eight of an Act approved March third,

eighteen hundred and ninety-one, entitled "An Act to repeal timberculture laws, and for other purposes."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section eight of an Act entitled "An Act to repeal timber-culture laws, and for other purposes,' approved March third, eighteen hundred and ninety-one, be, and the same is hereby, amended so as to read as follows:

“ SEC. 8. * And in the States of Colorado, dationbesuitse Pin Montana, Idaho, North Dakota, and South Dakota, Wy- certain States. oming, and 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

Defense. 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 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

1 Extended to Arizona and New Mexico by the act of Feb. 13, 1893, and to California, Oregon, and Washington by the act of Mar. 3, 1901,

Railway com

rights of any railway company to cut timber on the pubpanies. lic domain: Provided, That the Secretary of the Interior Rules.

may make suitable rules and regulations to carry out the provisions of this Act, 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 Act

shall not operate to repeal the Act of June third, eighteen Timber on min. hundred and seventy-eight, providing for cutting of timeral lands.

ber on mineral lands.

Approved, March 3, 1891 (26 Stat. 1093). An Act To extend the provisions of section eight of the Act entitled "An Act to repeal timber-culture laws, and for other purposes," approved March third, eigtheen hundred and ninety-one, concerning prosecutions for cutting timber on public lands to Wyoming, New Mexico, and Arizona.

Be it enacted by the Senate and House of Representa

tives of the United States of America in Congress assemTimber cutting bled, That section eight of the Act entitled “An Act to on public lands. repeal timber-culture laws, and for other purposes," ap

proved March third, eighteen hundred and ninety-one, as amended by an Act approved March third, eighteen hundred and ninety-one, chapter five hundred and fifty

nine, page ten hundred and ninety-three, volume twentyProvisions ex. six, United States Statutes at Large, be, and the same tended to New is hereby, amended as follows: After the word “Wyo

.
ming” in said amended Act insert the words “New
Mexico and Arizona."

Approved, February 13, 1893 (27 Stat. 444).
Extract from the sundry civil appropriation Act, approved June 4,

1897 (30 Stat. 11-35).
For the purpose of preserving the living and growing
timber and promoting the younger growth on forest res-
ervations, the Secretary of the Interior, under such rules

and regulations as he shall prescribe, may cause to be Timber ap

designated and appraised so much of the dead, matured, praisal and sale or large growth of trees found upon such forest reservaof dead, etc.

tions as may be compatible with the utilization of the forests thereon, and may sell the same for not less than the appraised value in such quantities to each purchaser as he shall prescribe, to be used in the State or Territory in which such timber reservation may be situated, respectively, but not for export therefrom.

zona,

Use of timber,

The Secretary of the Interior may permit, under reguetc., by settlers, lations to be prescribed by him, the use of timber and eto.

stone found upon such reservations, free of charge, by bona fide settlers, miners, residents, and prospectors for minerals, for firewood, fencing, buildings, mining, prospecting, and other domestic purposes, as may be needed by such persons for such purposes; such timber to be used within the State or Territory, respectively, where such reservations may be located.

Extract from the sundry civil appropriation Act, approved July 1,

1898 (30 Stat. 597-618). That section eight of an Act entitled "An Act to re Permits to citpeal the timber-culture laws, and for other purposes,” and Wyoming to

» izens of Idaho approved March third, eighteen hundred and ninety-one, cut

cut timber in

Wyoming. be, and the same is hereby, amended as follows: That it shall be lawful for the Secretary of the Interior to grant permits, under the provisions of the eighth section of the act of March third, eighteen hundred and ninety-one, to citizens of Idaho and Wyoming to cut timber in the State of Wyoming, west of the Continental Divide, on the Snake River and its tributaries to the boundary line of Idaho for agricultural, mining, or other domestic purposes, and to remove the timber so cut to the State of Idaho.

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An Act To amend chapter five hundred and fifty-nine of the Revised

Statutes of the United States, approved March third, eighteen hundred and ninety-one.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of chapter five hundred and fifty-nine of the Revised Statutes of the United States, approved March third, eighteen hundred and ninetyone, limiting the use of timber taken from public lands to residents of the State in which such timber is found, for use within said State, shall not apply to the south Limitation of slope of Pryor Mountains, in the State of Montana, lying citizens of state south of the Crow Reservation, west of the Big Horn or use within River, and east of Sage Creek; but within the above- tend south described boundaries the provisions of said chapter shall slope

Mountains. apply equally to the residents of the States of Wyoming and Montana, and to the use of timber taken from the above-described tract in either of the above-named States.

Approved, March 3, 1901 (31 Stat. 1439).

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