§1852 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Cutting down, destroying, removing, or knowingly transporting trees or lumber taken from U.S. public lands without permission is illegal. People who do this can be fined under this title, jailed for up to one year, or both. The rule does not stop a miner or farmer from normal clearing of a mining claim or preparing a farm, from taking timber needed for their buildings or improvements, or from timber taken for use by the United States, and it does not cancel existing legal rights to cut timber from public lands.

Title 18, §1852

Crimes and Criminal Procedure — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

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.

Editorial Notes

Amendments

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

§1852 Timber removed or transported