Any person who violates any provision contained in 16 U.S.C. § 470ee or 16 U.S.C. § 433 in the presence of a TVA law enforcement agent may be tried and sentenced in accordance with the provisions of Section 3401 of Title 18, United States Code. Law enforcement agents designated by the Director for that purpose shall have the authority to issue a petty offense citation for any such violation, requiring any person charged with the violation to appear before a United States Magistrate Judge within whose jurisdiction the archaeological resource impacted by the violation is located. The term “petty offense” has the same meaning given that term under Section 19 of Title 18, United States Code.

Terms Used In 18 CFR 1312.22

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts

[81 FR 54499, Aug. 16, 2016]

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