§305d — Title 25 Indians | U.S. Code

Summary

Federal law enforcement officers can investigate alleged violations of this Act that happen in the United States. Federal law enforcement officer — persons defined in 18 U.S.C. 115(c). The Board can send alleged violations of 18 U.S.C. 1159 to those officers for investigation, but officers may also investigate those allegations on their own. When an investigation is done, the results must go to a federal or state prosecutor or back to the Board. After getting the investigation results, the Board can tell the Attorney General to start criminal charges under 18 U.S.C. 1159 and help the Attorney General as asked. Instead of, or along with, criminal charges, the Board can recommend the Attorney General bring a civil case under 25 U.S.C. 305e.

Title 25, §305d

Indians — Source: USLM XML via OLRC

(a)In this section, the term “Federal law enforcement officer” includes a Federal law enforcement officer (as defined in section 115(c) of title 18).

(b)Any Federal law enforcement officer shall have the authority to conduct an investigation relating to an alleged violation of this Act occurring within the jurisdiction of the United States.

(c)(1)(A)The Board may refer an alleged violation of section 1159 of title 18 to any Federal law enforcement officer for appropriate investigation.

(B)A Federal law enforcement officer may investigate an alleged violation of section 1159 of that title regardless of whether the Federal law enforcement officer receives a referral under subparagraph (A).

(2)The findings of an investigation of an alleged violation of section 1159 of title 18 by any Federal department or agency under paragraph (1)(A) shall be submitted, as appropriate, to—

(A)a Federal or State prosecuting authority; or

(B)the Board.

(3)On receiving the findings of an investigation under paragraph (2), the Board may—

(A)recommend to the Attorney General that criminal proceedings be initiated under section 1159 of title 18; and

(B)provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate.

(d)In lieu of, or in addition to, any criminal proceeding under subsection (c), the Board may recommend that the Attorney General initiate a civil action under section 305e of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (b), is act Aug. 27, 1935, ch. 748, 49 Stat. 891, which is classified generally to section 305 et seq. of this title. For complete classification of this Act to the Code, see Tables.

Prior Provisions

A prior section, act Aug. 27, 1935, ch. 748, § 5, 49 Stat. 892, related to counterfeiting of a trade mark and penalty, prior to repeal by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, effective Sept. 1, 1948. See section 1158 of Title 18, Crimes and Criminal Procedure.

Amendments

2010—Pub. L. 111–211 amended section generally. Prior to amendment, text read as follows: “(a) The Board may receive complaints of violations of section 1159 of title 18 and refer complaints of such violations to the Federal Bureau of Investigation for appropriate investigation. After reviewing the investigation report, the Board may recommend to the Attorney General of the United States that criminal proceedings be instituted under that section. “(b) The Board may recommend that the Secretary of the Interior refer the matter to the Attorney General for civil action under section 305e of this title.”

§305d Criminal Proceedings; Civil Actions