§1852. Timber removed or transported

Whoever cuts, or wantonly destroys any timber growing on the public lands of the United States; or

Whoever removes any timber from said public lands, with intent to export or to dispose of the same; or

Whoever, being the owner, master, pilot, operator, or consignee of any vessel, motor vehicle, or aircraft or the owner, director, or agent of any railroad, knowingly transports any timber so cut or removed from said lands, or lumber manufactured therefrom-

Shall be fined under this title or imprisoned not more than one year, or both.

This section shall not prevent any miner or agriculturist from clearing his land in the ordinary working of his mining claim, or in the preparation of his farm for tillage, or from taking the timber necessary to support his improvements, or the taking of timber for the use of the United States; nor shall it interfere with or take away any right or privilege under any existing law of the United States to cut or remove timber from any public lands.

(June 25, 1948, ch. 645, 62 Stat. 787 ; Pub. L. 104–294, title VI, §601(a)(8), Oct. 11, 1996, 110 Stat. 3498 .)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §103 (Mar. 4, 1909, ch. 321, §49, 35 Stat. 1098 ).

Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title.

Words "motor vehicle or aircraft" were inserted in third paragraph to remove any doubt as to scope of section in view of rapidly advancing methods of transportation.

Minor changes were made in phraseology.

Amendments

1996-Pub. L. 104–294 substituted "fined under this title" for "fined not more than $1,000" in fourth par.

Cross References

Cutting, destroying, or removing timber-

Crater Lake National Park, see section 123 of Title 16, Conservation.

Glacier National Park, see sections 162, 162a, and 167 of Title 16.

Indian lands, removal from, see section 196 of Title 25, Indians.

Mineral lands, see sections 604 to 606 of Title 16, Conservation.

National parks in general, see section 3 of Title 16.

Notice of unlawful cutting, see section 605 of Title 16.

Penalty for unlawful cutting, see section 606 of Title 16.

Permits to cut for agricultural, mining or domestic purposes, see sections 45c, 604, 607 to 613 of Title 16.

Purpose of cutting, effect on criminality of act, see section 607 of Title 16.

Transferee of functions of register and receiver of local land office as required to ascertain legality of cutting or use, see section 605 of Title 16.

Yellowstone National Park, see section 38 of Title 16.

Yosemite National Park, regulations, see section 53 of Title 16.

Seizure of timber exported from Territories of United States, see section 602 of Title 16.

Transportation of timber produced by railroad not forbidden, see section 10746 of Title 49, Transportation.