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

Federal law — U.S. Code and appendices · legal_authorities

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

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section115/c&num=0&edition=prelim)). **(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* — The Board may refer an alleged violation of [section 1159 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1159&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1159&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1159&num=0&edition=prelim)

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Stable record: federal_law:legal_authorities:record_usc_413c3142f55578dfb2657712
Source file: Laws/federal/codes/united-states-code/title-25/section-305d-criminal-proceedings-civil-actions--80a8b1de1d.md
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Source location: Title 25, Chapter 7A, § 305d; chapter-7a-promotion-of-social-and-economic-welfare.md

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1158 — Counterfeiting Indian Arts and Crafts Board trade mark

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

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1159 — Misrepresentation of Indian produced goods and products

**(a)** It is unlawful to offer or display for sale or sell any good, with or without a Government trademark, in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States. **(b) Penalty.—** Any person that knowingly violates subsection (a) shall— (1) in the case of a first violation by that person— (A) if the applicable goods are offered or displayed for sale at a total price of $1,000 or more, or if the applicable goods are sold for a total price of $1,000 or more— (i) in the case of an individual, be fined not more than $250,000, imprisoned for not more than 5 years, or both; and (ii) in the case of a person other than an individual, be fined not more than $1,000,000; and (B) if the applicable goods are offered or displayed for sale at a total price of less than $1,000, or if the applicable goods are sold for a total price of less than $1,000— (i) in the case of an individual, be fined not more than $25,000, imprisoned for not more than 1 year, or both; and (ii) in the case of a person other than an individual, be fined not more than $100,000; and (2) in the case of a subsequent violation by that person, regardless of the amount for which any good is offered or displayed for sale or sold— (A) in the case of an individual, be fined under this title, imprisoned for not more than 15 years, or both; and (B) in the case of a person other than an individual, be fined not more than $5,000,000. **(c)** As used in this section— (1) the term “Indian” means any individual who is a member of an Indian tribe, or for the purposes of this section is certified as an Indian artisan by an Indian tribe; (2) t

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim). (B) *Inclusion* — The term “Indian tribe” includes, for purposes of this section only, an Indian group that has been formally recognized as an Indian tribe by— (i) a State legislature; (ii) a State commission; or (iii) another similar organization vested with State legislative tribal recognition authority. (4) **Secretary** — The term “Secretary” means the Secretary of the Interior. **(b) Injunctive or equitable relief; damages** A person specified in subsection (d) may, in a civil action in a court of competent jurisdiction, bring an action against a person who, directly or indirectly, offers or displays for sale or sells a good, with or without a Government trademark, in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization, resident within the United States, to— (1) obtain injunctive or other equitable relief; and (2) recover the greater of— (A) treble damages; or (B) in the case of each aggrieved individual Indian, Indian tribe, or Indian arts and crafts organization, not less than $1,000 for each day on which the offer or display for sale or sale continues. For purposes

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Federal law — U.S. Code and appendices · legal_authorities

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 re

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