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

submitted 91 years ago by Pub. L. 101-644 to r/title-25-INDIANS · 262 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal law enforcement officers can investigate alleged violations of this Act. The Indian Arts and Crafts Board can refer cases for criminal investigation and recommend that the Attorney General bring criminal charges under 18 U.S.C. § 1159. The Board can also recommend a civil lawsuit instead of, or along with, criminal charges.

(a) In this section, "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 can investigate an alleged violation of this Act that happens within U.S. jurisdiction. (c) Criminal proceedings.— (1)(A) The Board can refer an alleged violation of section 1159 of title 18 to any federal law enforcement officer for investigation. (B) A federal law enforcement officer doesn't need a referral to investigate an alleged section 1159 violation. (2) The findings of such an investigation must go, as appropriate, to (A) a federal or state prosecutor, or (B) the Board. (3) After getting those findings, the Board may (A) recommend that the Attorney General bring criminal charges under section 1159, and (B) give the Attorney General whatever support the Attorney General decides is appropriate for those charges. (d) Instead of, or in addition to, criminal charges under (c), the Board may recommend that the Attorney General start a civil lawsuit under section 305e of this title.

the actual law source: uscode.house.gov ↗public domain

(a) Definition of Federal law enforcement officer

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) 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.

(1) Investigation

(A) In general

The Board may refer an alleged violation of section 1159 of title 18 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

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) Recommendations

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) Civil actions

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.

Source credit: (Aug. 27, 1935, ch. 748, § 5, as added Pub. L. 101–644, title I, § 103, Nov. 29, 1990, 104 Stat. 4662; amended Pub. L. 111–211, title I, § 102(a), July 29, 2010, 124 Stat. 2258.)

history & why it existsrecord from the source credit

1935Enacted · Pub. L. 101-644 · 104 Stat. 4662
2010Amended · Pub. L. 111-211 · 124 Stat. 2258

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-644 on 1935-08-27.

all 0 arguments · sorted by: best

no arguments yet — make the first case