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18 U.S.C. § 40A — Operation of unauthorized unmanned aircraft over wildfires
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in subsection (b), an individual who operates an unmanned aircraft and knowingly or recklessly interferes with a wildfire suppression, or law enforcement or emergency response efforts 11 So in original. Probably should be “effort”. related to a wildfire suppression, shall be fined under this title, imprisoned for not more than 2 years, or both.
**(b) Exceptions.—** This section does not apply to the operation of an unmanned aircraft conducted by a unit or agency of the United States Government or of a State, tribal, or local government (including any individual conducting such operation pursuant to a contract or other agreement entered into with the unit or agency) for the purpose of protecting the public safety and welfare, including firefighting, law enforcement, or emergency response.
**(c) Definitions.—** In this section, the following definitions apply:
(1) **Unmanned aircraft.—** — The term “unmanned aircraft” has the meaning given the term in [section 44801 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44801&num=0&edition=prelim), United States Code.
(2) **Wildfire.—** — The term “wildfire” has the meaning given that term in section 2 of the Emergency Wildfire Suppression Act ([42 U.S.C. 1856m](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1856m&num=0&edition=prelim)).
(3) **Wildfire suppression.—** — The term “wildfire suppression” means an effort to contain, extinguish, or suppress a wildfire.
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Source file: Laws/federal/codes/united-states-code/title-18/section-40a-operation-of-unauthorized-unmanned-aircraft-over-wildfires--435ba7e408.md
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Source location: Title 18, Chapter 2, § 40A; chapter-002-aircraft-and-motor-vehicles.md
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**(a) In General.—** Except as provided in subsection (b), an individual who operates an unmanned aircraft and knowingly or recklessly interferes with a wildfire suppression, or law enforcement or emergency response efforts 11 So in original. Probably should be “effort”. related to a wildfire suppression, shall be fined under this title, imprisoned for not more than 2 years, or both.
**(b) Exceptions.—** This section does not apply to the operation of an unmanned aircraft conducted by a unit or agency of the United States Government or of a State, tribal, or local government (including any individual conducting such operation pursuant to a contract or other agreement entered into with the unit or agency) for the purpose of protecting the public safety and welfare, including firefighting, law enforcement, or emergency response.
**(c) Definitions.—** In this section, the following definitions apply:
(1) **Unmanned aircraft.—** — The term “unmanned aircraft” has the meaning given the term in [section 44801 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44801&num=0&edition=prelim), United States Code.
(2) **Wildfire.—** — The term “wildfire” has the meaning given that term in section 2 of the Emergency Wildfire Suppression Act ([42 U.S.C. 1856m](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1856m&num=0&edition=prelim)).
(3) **Wildfire suppression.—** — The term “wildfire suppression” means an effort to contain, extinguish, or suppress a wildfire.
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Assume any and all liability** — The term “assume any and all liability” means—
(A) the payment of—
(i) any judgment, settlement, fine, penalty, or cost assessment (including prevailing party legal fees) associated with the applicable litigation; and
(ii) any cost incurred in handling the applicable litigation (including legal fees); and
(B) with respect to a Federal firefighter, arranging for, and paying the costs of, representation in the applicable litigation.
(2) **Federal firefighter** — The term “Federal firefighter” means an individual furnished by the Secretary of Agriculture or the Secretary of the Interior under an agreement entered into under [section 1856n of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1856n&num=0&edition=prelim).
(3) **Foreign fire organization** — The term “foreign fire organization” means any foreign governmental, public, or private entity that has wildfire protection resources.
(4) **Foreign firefighter** — The term “foreign firefighter” means an individual furnished by a foreign fire organization under an agreement entered into under [section 1856n of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1856n&num=0&edition=prelim).
(5) **Wildfire** — The term “wildfire” means any forest or range fire.
(6) **Wildfire protection resources** — The term “wildfire protection resources” means any personnel, supplies, equipment, or other resources required for wildfire presuppression and suppression activities.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1856m
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter, the following definitions apply:
(1) **Actively tethered unmanned aircraft system.—** — The term “actively tethered unmanned aircraft system” means an unmanned aircraft system in which the unmanned aircraft component—
(A) weighs 55 pounds or less, including payload but not including the tether;
(B) is physically attached to a ground station with a taut, appropriately load-rated tether that provides continuous power to the unmanned aircraft and is unlikely to be separated from the unmanned aircraft;
(C) is controlled and retrieved by such ground station through physical manipulation of the tether;
(D) is able to maintain safe flight control in the event of a power or flight control failure during flight; and
(E) is programmed to initiate a controlled landing in the event of a tether separation.
(2) **Appropriate committees of congress.—** — The term “appropriate committees of Congress” means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(3) **Arctic.—** — The term “Arctic” means the United States zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north of the Aleutian chain.
(4) **Certificate of waiver; certificate of authorization.—** — The terms “certificate of waiver” and “certificate of authorization” mean a Federal Aviation Administration grant of approval for a specific flight operation.
(5) **Counter-UAS system.—** — The term “counter-UAS system” means a system or device capable of lawfully and safely disabling, disrupting, or seizing control of an unmanned aircraft or unmanned aircraft system.
(6) **Permanent areas.—** — The term “permanent areas” means areas on land or water that provide for launch, recovery, and
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44801
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Federal law — U.S. Code and appendices · legal_authorities
Page 27
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 41
1 So in original. Probably should be ‘‘effort’’.
this title, imprisoned for any term of years
or for life, or both.
(Added Pub. L. 115–254, div. B, title III, § 384(a),
Oct. 5, 2018, 132 Stat. 3322.)
§ 40. Commercial motor vehicles required to stop
for inspections
(a) A driver of a commercial motor vehicle (as
defined in section 31132 of title 49) shall stop and
submit to inspection of the vehicle, driver,
cargo, and required records when directed to do
so by an authorized employee of the Federal
Motor Carrier Safety Administration of the De-
partment of Transportation, at or in the vicin-
ity of an inspection site. The driver shall not
leave the inspection site until authorized to do
so by an authorized employee.
(b) A driver of a commercial motor vehicle, as
defined in subsection (a), who knowingly fails to
stop for inspection when directed to do so by an
authorized employee of the Administration at or
in the vicinity of an inspection site, or leaves
the inspection site without authorization, shall
be fined under this title or imprisoned not more
than 1 year, or both.
(Added Pub. L. 109–59, title IV, § 4143(a), Aug. 10,
2005, 119 Stat. 1747, § 39; renumbered § 40, Pub. L.
110–244, title III, § 301(j), June 6, 2008, 122 Stat.
1616.)
Editorial Notes
AMENDMENTS
2008—Pub. L. 110–244 renumbered section 39 of this
title, relating to inspection of commercial vehicles, as
this section.
§ 40A. Operation of unauthorized unmanned air-
craft over wildfires
(a) IN GENERAL.—Except as provided in sub-
section (b), an individual who operates an un-
manned aircraft and knowingly or recklessly
interferes with a wildfire suppression, or law en-
forcement or emergency response efforts 1 re-
lated to a wi
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 40A
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 5070
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1856e
propriated after the date of the enactment of this Act
[Dec. 31, 2011].’’
§ 1856e. Reimbursement of fire funds
(a) Definition of State
In this section, the term ‘‘State’’ means—
(1) a State; and
(2) the Commonwealth of Puerto Rico.
(b) In general
If a State seeks reimbursement for amounts
expended for resources and services provided to
another State for the management and suppres-
sion of a wildfire, the Secretary, subject to sub-
sections (c) and (d)—
(1) may accept the reimbursement amounts
from the other State; and
(2) shall pay those amounts to the State
seeking reimbursement.
(c) Mutual assistance agreement
As a condition of seeking and providing reim-
bursement under subsection (b), the State seek-
ing reimbursement and the State providing re-
imbursement must each have a mutual assist-
ance agreement with the Forest Service or an-
other Federal agency for providing and receiving
wildfire management and suppression resources
and services.
(d) Terms and conditions
The Secretary may prescribe the terms and
conditions determined to be necessary to carry
out subsection (b).
(e) Effect on prior reimbursements
Any acceptance of funds or reimbursements
made by the Secretary before February 7, 2014,
that otherwise would have been authorized
under this section shall be considered to have
been made in accordance with this section.
(Pub. L. 113–79, title VIII, § 8304, Feb. 7, 2014, 128
Stat. 924.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Agricultural Act
of 2014, and not as part of act May 27, 1955, which com-
prises this subchapter.
Section is comprised of section 8304 of Pub. L. 113–79.
Subsec. (f) of section 8304 of Pub. L. 113–79 amended sec-
tion 1856d of thi
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1856m
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1856m. This identifies an authority to review, not proof of applicability.