§1856 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Starting a fire on federal or certain Indian lands and then failing to fully put it out, allowing it to burn or spread out of control, or leaving it unattended is a crime. It covers lands owned, controlled, or leased by the United States, lands under purchase contract or condemnation, Indian reservations, tribal lands, and Indian allotments held in trust or that cannot be transferred without U.S. permission. A person who does this can be fined, jailed for up to six months, or both.

Title 18, §1856

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Whoever, having kindled or caused to be kindled, a fire in or near any forest, timber, or other inflammable material upon any lands owned, controlled or leased by, or under the partial, concurrent, or exclusive jurisdiction of the United States, including lands under contract for purchase or for the acquisition of which condemnation proceedings have been instituted, and including any Indian reservation or lands belonging to or occupied by any tribe or group of Indians under the authority of the United States, or any Indian allotment while the title to the same is held in trust by the United States, or while the same shall remain inalienable by the allottee without the consent of the United States, leaves said fire without totally extinguishing the same, or permits or suffers said fire to burn or spread beyond his control, or leaves or suffers said fire to burn unattended, shall be fined under this title or imprisoned not more than six months, or both.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 107 (Mar. 4, 1909, ch. 321, § 53, 35 Stat. 1908; June 25, 1910, ch. 431, § 6, 36 Stat. 857; Nov. 15, 1941, ch. 472, § 2, 55 Stat. 764). Words “without hard labor” which followed “six months” and preceded “or both” were omitted as unnecessary. (See reviser’s note under section 1 of this title.) Enumeration of applicable condemnation statutes was deleted and section extended and made applicable to all lands in process of condemnation by the government. This does no violence to the intent of Congress and clarifies the section considerably. Other changes in phraseology were made.

Editorial Notes

Amendments

1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $500”.

§1856 Fires left unattended and unextinguished