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25 U.S.C. § 305e — Cause of action for misrepresentation of Indian produced goods
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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Stable record: federal_law:legal_authorities:record_usc_c77721659ce00d9af81a9039
Source file: Laws/federal/codes/united-states-code/title-25/section-305e-cause-of-action-for-misrepresentation-of-indian-produced-goods--8c2958d33f.md
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Source location: Title 25, Chapter 7A, § 305e; chapter-7a-promotion-of-social-and-economic-welfare.md
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**(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 of paragraph (2)(A), damages shall include any and all gross profits accrued by the defendant as a result of the activities found to violate this subsection.
**(c) Punitive damages; attorney’s fee** In addition to the relief specified in subsection (b), the court may award punitive damages and the costs of the civil action and a reasonable attorney’s fee.
**(d) Persons that may initiate civil actions**
(1) **In general** — A civil action under subsection (b) may be initiated by—
(A) the Attorney General, at the request of the Secretary acting on behalf of—
(i) an Indian tribe;
(ii) an Indian; or
(iii) an Indian arts and crafts organization;
(B) an Indian tribe, acting on behalf of—
(i) the Indian tribe;
(ii) a member of that Indian tribe; or
(iii) an Indian arts and crafts organization;
(C) an Indian; or
(D) an Indian arts and crafts organization.
(2) **Disposition of amounts recovered**
(A) *In general* — Except as provided in subparagraph (B), an amount recovered in a civil action under this section shall be paid to the Indian tribe, the Indian, or the Indian arts and crafts organization on the behalf of which the civil action was initiated.
(B) *Exceptions*
(i) *Attorney General* — In the case of a civil action initiated under paragraph (1)(A), the Attorney General may deduct from the amount—
(I) the amount of the cost of the civil action and reasonable attorney’s fees awarded under subsection (c), to be deposited in the Treasury and credited to appropriations available to the Attorney General on the date on which the amount is recovered; and
(II) the amount of the costs of investigation awarded under subsection (c), to reimburse the Board for the activities of the Board relating to the civil action.
(ii) *Indian tribe* — In the case of a civil action initiated under paragraph (1)(B), the Indian tribe may deduct from the amount—
(I) the amount of the cost of the civil action; and
(II) reasonable attorney’s fees.
**(e) Savings provision** If 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.
**(f) Regulations** Not later than 180 days after November 9, 2000, the Board shall promulgate regulations to include in the definition of the term “Indian product” specific examples of such product to provide guidance to Indian artisans as well as to purveyors and consumers of Indian arts and crafts, as defined under this Act.
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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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1159
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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) 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)
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 305d
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided by law, each United States attorney, within his district, shall—
(1) prosecute for all offenses against the United States;
(2) prosecute or defend, for the Government, all civil actions, suits or proceedings in which the United States is concerned;
(3) appear in behalf of the defendants in all civil actions, suits or proceedings pending in his district against collectors, or other officers of the revenue or customs for any act done by them or for the recovery of any money exacted by or paid to these officers, and by them paid into the Treasury;
(4) institute and prosecute proceedings for the collection of fines, penalties, and forfeitures incurred for violation of any revenue law, unless satisfied on investigation that justice does not require the proceedings; and
(5) make such reports as the Attorney General may direct.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 547
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 305e
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.