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25 U.S.C. § 305a — Promotion of economic welfare through development of arts and crafts; powers of Board
Federal law — U.S. Code and appendices · legal_authorities
It shall be the function and the duty of the Secretary of the Interior through the Board to promote the economic welfare of the Indian tribes and Indian individuals through the development of Indian arts and crafts and the expansion of the market for the products of Indian art and craftsmanship. In the execution of this function the Board shall have the following powers: (a) To undertake market research to determine the best opportunity for the sale of various products; (b) to engage in technical research and give technical advice and assistance; (c) to engage in experimentation directly or through selected agencies; (d) to correlate and encourage the activities of the various governmental and private agencies in the field; (e) to offer assistance in the management of operating groups for the furtherance of specific projects; (f) to make recommendations to appropriate agencies for loans in furtherance of the production and sale of Indian products; (g)(1) to create for the Board, or for an individual Indian or Indian tribe or Indian arts and crafts organization, trademarks of genuineness and quality for Indian products and the products of an individual Indian or particular Indian tribe or Indian arts and crafts organization; (2) to establish standards and regulations for the use of Government-owned trademarks by corporations, associations, or individuals, and to charge for such use under such licenses; (3) to register any such trademark owned by the Government in the United States Patent and Trademark Office without charge and assign it and the goodwill associated with it to an individual Indian or Indian tribe without charge; and (4) to pursue or defend in the courts any appeal or proceeding with respect to any final determination of that office; (h) to employ executive
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Stable record: federal_law:legal_authorities:record_usc_187aab788f0e4460d20aa526
Source file: Laws/federal/codes/united-states-code/title-25/section-305a-promotion-of-economic-welfare-through-development-of-arts-and-crafts-pow--de81bd2d0b.md
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Passage SHA-256: b50bf8591796749ae2be3c09ea4d1cd6329d1765d723b99d01510487e0711772
Source location: Title 25, Chapter 7A, § 305a; chapter-7a-promotion-of-social-and-economic-welfare.md
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It shall be the function and the duty of the Secretary of the Interior through the Board to promote the economic welfare of the Indian tribes and Indian individuals through the development of Indian arts and crafts and the expansion of the market for the products of Indian art and craftsmanship. In the execution of this function the Board shall have the following powers: (a) To undertake market research to determine the best opportunity for the sale of various products; (b) to engage in technical research and give technical advice and assistance; (c) to engage in experimentation directly or through selected agencies; (d) to correlate and encourage the activities of the various governmental and private agencies in the field; (e) to offer assistance in the management of operating groups for the furtherance of specific projects; (f) to make recommendations to appropriate agencies for loans in furtherance of the production and sale of Indian products; (g)(1) to create for the Board, or for an individual Indian or Indian tribe or Indian arts and crafts organization, trademarks of genuineness and quality for Indian products and the products of an individual Indian or particular Indian tribe or Indian arts and crafts organization; (2) to establish standards and regulations for the use of Government-owned trademarks by corporations, associations, or individuals, and to charge for such use under such licenses; (3) to register any such trademark owned by the Government in the United States Patent and Trademark Office without charge and assign it and the goodwill associated with it to an individual Indian or Indian tribe without charge; and (4) to pursue or defend in the courts any appeal or proceeding with respect to any final determination of that office; (h) to employ executive officers, including a general manager, and such other permanent and temporary personnel as may be found necessary, and prescribe the authorities, duties, responsibilities, and tenure and fix the compensation of such officers and other employees: Provided, That chapter 51 and subchapter III of chapter 53 of title 5 shall be applicable to all permanent employees and that all employees shall be appointed in accordance with the civil-service laws from lists of eligibles to be supplied by the Director of the Office of Personnel Management; (i) as a Government agency to negotiate and execute in its own name contracts with operating groups to supply management, personnel, and supervision at cost, and to negotiate and execute in its own name such other contracts and to carry on such other business as may be necessary for the accomplishment of the duties and purposes of the Board: Provided, That nothing in the foregoing enumeration of powers shall be construed to authorize the Board to borrow or lend money or to deal in Indian goods. For the purposes of this section, the term “Indian arts and crafts organization” means any legally established arts and crafts marketing organization composed of members of Indian tribes.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The President may—
(1) prescribe such regulations for the admission of individuals into the civil service in the executive branch as will best promote the efficiency of that service;
(2) ascertain the fitness of applicants as to age, health, character, knowledge, and ability for the employment sought; and
(3) appoint and prescribe the duties of individuals to make inquiries for the purpose of this section.
**(b) DOD Procedures.—** The President may authorize the Department of Defense to determine the qualification, examination, and assessment procedures for positions in the competitive service based primarily on job-related competencies and skills, including the use of structured interviews, technical evaluations, or skills-based assessments, and alternative assessments.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this chapter—
(1) “agency” means—
(A) an Executive agency;
(B) the Library of Congress;
(C) the Botanic Garden;
(D) the Government Publishing Office;
(E) the Office of the Architect of the Capitol; and
(F) the government of the District of Columbia;
but does not include—
(i) a Government controlled corporation;
(ii) the Tennessee Valley Authority;
(iii) the Virgin Islands Corporation;
(iv) the Atomic Energy Commission;
(v) the Central Intelligence Agency;
(vi) the National Security Agency, Department of Defense;
(vii) the Government Accountability Office;
(viii) the Office of the Director of National Intelligence;
(ix) the Defense Intelligence Agency, Department of Defense; or
(x) the National Geospatial-Intelligence Agency, Department of Defense;
(2) “employee” means an individual employed in or under an agency;
(3) “position” means the work, consisting of the duties and responsibilities, assignable to an employee;
(4) “class” or “class of positions” includes all positions which are sufficiently similar, as to—
(A) kind or subject-matter of work;
(B) level of difficulty and responsibility; and
(C) the qualification requirements of the work;
to warrant similar treatment in personnel and pay administration; and
(5) “grade” includes all classes of positions which, although different with respect to kind or subject-matter of work, are sufficiently equivalent as to—
(A) level of difficulty and responsibility; and
(B) level of qualification requirements of the work;
to warrant their inclusion within one range of rates of basic pay in the General Schedule.
**(b)** Except as provided by subsections (c) and (d) of this section, this chapter applies to all civilian positions and
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5102
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management shall determine finally the applicability of [section 5102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5102&num=0&edition=prelim) to specific positions and employees, except for positions and employees in the Office of the Architect of the Capitol.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5103
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
Whoever counterfeits or colorably imitates any Government trade mark used or devised by the Indian Arts and Crafts Board in the Department of the Interior as provided in [section 305a of Title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section305a&num=0&edition=prelim), or, except as authorized by the Board, affixes any such Government trade mark, or knowingly, willfully, and corruptly affixes any reproduction, counterfeit, copy, or colorable imitation thereof upon any products, or to any labels, signs, prints, packages, wrappers, or receptacles intended to be used upon or in connection with the sale of such products; or
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1158
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Federal law — U.S. Code and appendices · legal_authorities
A board is created in the Department of the Interior to be known as “Indian Arts and Crafts Board”, and hereinafter referred to as the Board. The Board shall be composed of five commissioners, who shall be appointed by the Secretary of the Interior as soon as possible after August 27, 1935 and shall continue in office, two for a term of two years, one for a term of three years, and two for a term of four years from the date of their appointment, the term of each to be designated by the Secretary of the Interior, but their successors shall be appointed for a term of four years except that any person chosen to fill a vacancy shall be appointed for the unexpired term of the commissioner whom he succeeds. Both public officers and private citizens shall be eligible for membership on the Board. The Board shall elect one of the commissioners as chairman. One or two vacancies on the Board shall not impair the right of the remaining commissioners to exercise all the powers of the Board.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 305
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Export prohibitions**
(1) **In general** — It shall be unlawful for any person—
(A) to export, attempt to export, or otherwise transport from the United States any Item Prohibited from Exportation;
(B) to conspire with any person to engage in an activity described in subparagraph (A); or
(C) to conceal an activity described in subparagraph (A).
(2) **Penalties** — Any person who violates paragraph (1) and knows, or in the exercise of due care should have known, that the Item Prohibited from Exportation was taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any Federal law or treaty, shall be fined in accordance with [section 3571 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3571&num=0&edition=prelim), imprisoned for not more than 1 year and 1 day for a first violation, and not more than 10 years for a second or subsequent violation, or both.
(3) **Detention, forfeiture, and repatriation**
(A) *Detention and delivery* — The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall—
(i) detain any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1); and
(ii) deliver the Item Prohibited from Exportation to the Secretary.
(B) *Forfeiture* — Any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18 (including section 983(c) of that chapter).
(C) *Repatriation* — Any Item Prohibited from Exportation that is forfeited u
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 3073
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Director** — The term “Director” means the Director of Native American Business Development appointed pursuant to [section 4303(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section4303/a/2&num=0&edition=prelim).
(2) **Eligible entity** — The term “eligible entity” means an Indian Tribe or Tribal organization, an Indian arts and crafts organization, as that term is defined in [section 305a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section305a&num=0&edition=prelim), a Tribal enterprise, a Tribal marketing cooperative (as that term is defined by the Secretary, in consultation with the Secretary of the Interior), or any other Indian-owned business.
(3) **Indian** — The term “Indian” has the meaning given that term in [section 5304(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304/d&num=0&edition=prelim).
(4) **Indian goods and services** — The term “Indian goods and services” means—
(A) Indian goods, within the meaning of [section 305a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section305a&num=0&edition=prelim);
(B) goods produced or originated by an eligible entity; and
(C) services provided by eligible entities.
(5) **Indian lands**
(A) *In general* — The term “Indian lands” includes lands under the definition of—
(i) the term “Indian country” under [section 1151 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1151&num=0&edition=prelim); or
(ii) the term “reservation” under—
(I) [section 1452(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1452/d&num=0&edit
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 4302
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Federal law — U.S. Code and appendices · legal_authorities
Page 66
TITLE 25—INDIANS
§ 305a
Editorial Notes
CODIFICATION
‘‘Section 5703 of title 5’’ substituted in text for ‘‘the
Act of August 2, 1946 (60 Stat. 808) as heretofore or here-
after amended (5 U.S.C. 73b–2)’’ on authority of Pub. L.
89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section
of which enacted Title 5, Government Organization and
Employees.
AMENDMENTS
1961—Pub. L. 87–23 substituted authorization for pay-
ment of per diem to Board members at the rate author-
ized for other persons serving without compensation for
former provision reimbursing actual expenses, includ-
ing travel expenses, subsistence and office overhead, in-
curred incidental to performance of duties.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2010 AMENDMENT
Pub. L. 111–211, title I, § 101(a), July 29, 2010, 124 Stat.
2258, provided that: ‘‘This title [amending sections 305d
and 305e of this title and section 1159 of Title 18, Crimes
and Criminal Procedure] may be cited as the ‘Indian
Arts and Crafts Amendments Act of 2010’.’’
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106–497, § 1, Nov. 9, 2000, 114 Stat. 2219, pro-
vided that: ‘‘This Act [amending section 305e of this
title] may be cited as the ‘Indian Arts and Crafts En-
forcement Act of 2000’.’’
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101–644, title I, § 101, Nov. 29, 1990, 104 Stat.
4662, provided that: ‘‘This title [enacting sections 305d
and 305e of this title, amending section 305a of this title
and sections 1158 and 1159 of Title 18, Crimes and Crimi-
nal Procedure, and enacting provisions set out as a
note under section 305e of this title] may be cited as
the ‘Indian Arts and Crafts Act of 1990’.’’
Executive Documents
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 305a
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