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18 U.S.C. § 1159 — Misrepresentation of Indian produced goods and products
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_8b7684c744bcc6b78c9ca498
Source file: Laws/federal/codes/united-states-code/title-18/section-1159-misrepresentation-of-indian-produced-goods-and-products--51d0bb47bd.md
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Source location: Title 18, Chapter 53, § 1159; chapter-053-indians.md
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**(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) the terms “Indian product” and “product of a particular Indian tribe or Indian arts and crafts organization” has the meaning given such term in regulations which may be promulgated by the Secretary of the Interior;
(3) the term “Indian tribe”—
(A) has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ([25 U.S.C. 450b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section450b&num=0&edition=prelim)); 11 See References in Text note below. and
(B) 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; and
(4) the term “Indian arts and crafts organization” means any legally established arts and crafts marketing organization composed of members of Indian tribes.
**(d)** In the event that any provision of this section is held invalid, it is the intent of Congress that the remaining provisions of this section shall continue in full force and effect.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts June 25, 1948, ch. 645, 62 Stat. 759; May 24, 1949, ch. 139, § 29, 63 Stat. 94; Aug. 15, 1953, ch. 506, § 2(a), 67 Stat. 590, prohibited purchase of Indian-owned livestock subject to unpaid loans from Federal revolving fund or from tribal loan funds.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts June 25, 1948, ch. 645, 62 Stat. 684; Oct. 30, 1984, Pub. L. 98–596, § 8, 98 Stat. 3138, classified offenses as a felony, misdemeanor, or petty offense.
#### Effective Date of Repeal
Repeal of section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under [section 3551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3551&num=0&edition=prelim).
#### Short Title of 2026 Amendment
Pub. L. 119–73, § 1, Jan. 23, 2026, 139 Stat. 2003, provided that: “This Act [enacting sections 28 and 3771A of this title, amending [section 7102 of Title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7102&num=0&edition=prelim), Foreign Relations and Intercourse, and enacting provisions set out as notes under [section 28 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section28&num=0&edition=prelim) and [section 10110 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10110&num=0&edition=prelim), Crime Control and Law Enforcement] may be cited as the ‘Trafficking Survivors Relief Act’.”
#### Short Title of 2024 Amendment
Pub. L. 118–78, § 1, July 30, 2024, 138 Stat. 1512, provided that: “This Act [enacting [section 1352 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1352&num=0&edition=prelim) and amending [section 201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section201&num=0&edition=prelim)] may be cited as the ‘Foreign Extortion Prevention Technical Corrections Act’.”
Pub. L. 118–77, § 1, July
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
**(b) Availability of appropriations** Notwithstanding any other provision of this chapter, the provision of funds under this chapter shall be subject to the availability of appropriations and the Secretary is not required to reduce funding for programs, projects, or activities serving a tribe in order to make funds available to another tribe or tribal organization under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5304
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 458bbb–2, Pub. L. 93–638, title V, § 503, as added Pub. L. 106–568, title XIII, § 1302, Dec. 27, 2000, 114 Stat. 2938, was renumbered section 803 of Pub. L. 93–638 and transferred to [section 458ddd–2 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section458ddd-2&num=0&edition=prelim) prior to editorial reclassification as [section 5423 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5423&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 450b
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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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Federal law — U.S. Code and appendices · legal_authorities
Page 348
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
[§ 1157
Stat. 244; July 23, 1892, ch. 234, 27 Stat. 260; May 25, 1918,
ch. 86, § 1, 40 Stat. 563; June 30, 1919, ch. 4, § 1, 41 Stat.
4; Mar. 5, 1934, ch. 43, 48 Stat. 396; June 27, 1934, ch. 846,
48 Stat. 1245; June 15, 1938, ch. 435, § 1, 52 Stat. 696).
The revision of section 244 of title 25, U.S.C., 1940 ed.,
Indians, conforms with the effect thereon of sections
241, 244a, and 254 of said title.
The provisions relating to scope of term ‘‘Indian
country’’ were omitted as unnecessary in view of defi-
nition of ‘‘Indian country’’ in section 1151 of this title.
Mandatory punishment provisions were rephrased in
the alternative and provision for commitment for non-
payment of fine was deleted. Such change was also rec-
ommended by United States District Judge T. Blake
Kennedy. (See reviser’s note under section 1154 of this
title.)
The exception of intoxicating liquor for scientific,
sacramental, medicinal or mechanical purposes was in-
serted for the same reason that makes this exception
appropriate to section 1262 of this title.
Minor changes were made in phraseology.
1949 ACT
This section [section 28] adds to section 1156 of title
18, U.S.C., a paragraph to conform this section and sec-
tion 1154 of such title more closely to the laws relating
to intoxicating liquors in the Indian country as they
have been heretofore construed.
Editorial Notes
AMENDMENTS
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $500’’ after ‘‘first of-
fense, be’’ and for ‘‘fined not more than $2,000’’ after
‘‘subsequent offense, be’’ in first par.
1949—Act May 24, 1949, inserted last par.
[§ 1157. Repealed. Pub. L. 85–86, July 10, 1957, 71
Stat. 277]
Section, acts June 25, 1948, ch.
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 1159
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Federal law — U.S. Code and appendices · legal_authorities
Page 141
TITLE 25—INDIANS
§ 450f
Section was formerly classified to section 93 of Title
45, Railroads.
§ 443c. Transferred
Editorial Notes
CODIFICATION
Section 443c was editorially reclassified as section
1684 of this title.
§ 443d. Transferred
Editorial Notes
CODIFICATION
Section 443d was editorially reclassified as section
1685 of this title.
§§ 444 to 449. Repealed. Aug. 5, 1954, ch. 658, § 5,
68 Stat. 675
Sections, act Apr. 3, 1952, ch. 129, §§ 1–6, 66 Stat. 35, re-
lated to Indian hospital services and facilities. See sec-
tion 2001 et seq. of Title 42, The Public Health and Wel-
fare.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective July 1, 1959, see section 6 of act Aug.
5, 1954, set out as an Effective Date note under section
2001 of Title 42, The Public Health and Welfare.
SUBCHAPTER
II—INDIAN
SELF-DETER-
MINATION AND EDUCATION ASSISTANCE
§ 450. Transferred
Editorial Notes
CODIFICATION
Section 450 was editorially reclassified as section 5301
of this title.
§ 450a. Transferred
Editorial Notes
CODIFICATION
Section 450a was editorially reclassified as section
5302 of this title.
§ 450a–1. Transferred
Editorial Notes
CODIFICATION
Section 450a–1 was editorially reclassified as section
5303 of this title.
§ 450b. Transferred
Editorial Notes
CODIFICATION
Section 450b was editorially reclassified as section
5304 of this title.
§ 450c. Transferred
Editorial Notes
CODIFICATION
Section 450c was editorially reclassified as section
5305 of this title.
§ 450d. Transferred
Editorial Notes
CODIFICATION
Section 450d was editorially reclassified as section
5306 of this title.
§ 450e. Transferred
Editorial Notes
CODIFICATION
Section 450e was editorially reclassified as section
5307 of this title.
§ 4
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 450b
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