25 U.S.C. § 305d | Criminal proceedings; civil actions

(a)

Definition of Federal law enforcement officer

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

(b)

Authority to conduct investigations

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)

Criminal proceedings

(1)

Investigation

(A)

In general

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

(B)

Referral not required

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)

Findings

section 1159 of title 18The findings of an investigation of an alleged violation of 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)

Recommendations

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

(A)

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

(B)

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

(d)

Civil actions

section 305e of this titleIn 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 .

Aug. 27, 1935, ch. 748, § 5 Pub. L. 101–644, title I, § 103Nov. 29, 1990104 Stat. 4662 Pub. L. 111–211, title I, § 102(a)July 29, 2010124 Stat. 2258(, as added , , ; amended , , .)

Editorial Notes

References in Text

act Aug. 27, 1935, ch. 748 49 Stat. 891This Act, referred to in subsec. (b), is , , 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

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

Amendments

Pub. L. 111–2112010— amended section generally. Prior to amendment, text read as follows:

section 1159 of title 18“(a) The Board may receive complaints of violations of 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.

section 305e of this title“(b) The Board may recommend that the Secretary of the Interior refer the matter to the Attorney General for civil action under .”