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

Page 68 TITLE 25—INDIANS § 305c–1 shall constitute a special fund which is appro- priated and made available until expended for carrying out the purposes and provisions of this Act. Out of the funds available to it at any time the Board may authorize such expenditures, consistent with the provisions of this Act, as it may determine to be necessary for the accom- plishment of the purposes and objectives of this Act. (Aug. 27, 1935, ch. 748, § 4, 49 Stat. 892.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, 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. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. § 305c–1. Repealed. Pub. L. 87–23, § 2, Apr. 24, 1961, 75 Stat. 45 Section, act May 10, 1939, ch. 119, § 1, 53 Stat. 699, pro- vided for a limitation of $10 per diem in lieu of subsist- ence on amount that may be paid to members of the In- dian Arts and Crafts Board. See section 305 of this title. § 305d. Criminal proceedings; civil actions (a) Definition of Federal law enforcement officer In this section, the term ‘‘Federal law enforce- ment officer’’ includes a Federal law enforce- ment 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 oc- curring within the jurisdiction of the United States. (c) Criminal proceedings (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 inves- tigation. (B) Referral not required A Federal law enforcement officer may in- vestigate an alleged violation of section 1159 of that title regardless of whether the Fed- eral law enforcement officer receives a refer- ral under subparagraph (A). (2) Findings The findings of an investigation of an al- leged violation of section 1159 of title 18 by any Federal department or agency under para- graph (1)(A) shall be submitted, as appro- priate, to— (A) a Federal or State prosecuting author- ity; 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 pro- ceeding under subsection (c), the Board may rec- ommend that the Attorney General initiate a civil action under section 305e of this title. (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.) 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 classi- fication 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 pen- alty, 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 inves- tigation report, the Board may recommend to the At- torney General of the United States that criminal pro- ceedings 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.’’ § 305e. Cause of action for misrepresentation of Indian produced goods (a) Definitions In this section: (1) Indian The term ‘‘Indian’’ means an individual that— (A) is a member of an Indian tribe; or (B) is certified as an Indian artisan by an Indian tribe. (2) Indian product The term ‘‘Indian product’’ has the meaning given the term in any regulation promulgated by the Secretary. (3) Indian tribe (A) In general The term ‘‘Indian tribe’’ has the meaning given the term in section 5304 of this title.