25 U.S.C. § 305 — Indian Arts and Crafts Board; creation and

Page 65 TITLE 25—INDIANS § 305 1 See References in Text note below. by the Bureau of Indian Affairs on any Indian reservation in the State of South Dakota shall, upon a majority decision of the parents of chil- dren enrolled therein voting at a meeting called for that purpose by the superintendent of the reservation, meet the minimum education re- quirements prescribed by the department of pub- lic instruction for the public schools of that State. (Sept. 7, 1949, ch. 566, 63 Stat. 694.) § 304a. Study and investigation of Indian edu- cation in United States and Alaska; con- tracts; report to Congress; appropriations The Secretary of the Interior (hereinafter re- ferred to as the ‘‘Secretary’’), acting through the Bureau of Indian Affairs, is authorized and directed to conduct a study and investigation of Indian education in the continental United States and Alaska, including a study and inves- tigation of (1) the education problems of Indian children from non-English speaking homes, and (2) the possibility of establishing a more orderly, equitable, and acceptable program for transfer- ring Indian children to public schools. The Secretary, in carrying out the provisions of this section, is authorized to enter into con- tracts in accordance with the provisions of the Johnson-O’Malley Act of June 4, 1936 (49 Stat. 1458; 25 U.S.C. 452).1 Not later than two years after funds are made available to carry out the purposes of this sec- tion, the Secretary shall submit to the Congress a complete report of the results of such study and investigation, together with such rec- ommendations as he deems desirable. There are authorized to be appropriated such sums as may be necessary for carrying out the purposes of this section. (July 14, 1956, ch. 588, 70 Stat. 531.) Editorial Notes REFERENCES IN TEXT The Johnson-O’Malley Act of June 4, 1936, referred to in text, probably means act Apr. 16, 1934, ch. 147, 48 Stat. 596, as amended generally by act June 4, 1936, ch. 490, 49 Stat. 1458, which was classified to section 452 et seq. of this title prior to editorial reclassification as section 5342 et seq. of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Section is composed of sections 1 to 4 of joint resolu- tion July 14, 1956. Executive Documents ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accom- plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. § 304b. Deposits of funds of students and student activity associations in Indian schools The Secretary of the Interior may authorize officials or employees of the Bureau of Indian Affairs to accept and to disburse deposits of funds of students and student activity associa- tions in schools operated by the Bureau of In- dian Affairs in accordance with the purposes of such deposits. Such deposits and disbursements shall be accounted for under rules and regula- tions prescribed by the Secretary of the Inte- rior. (Pub. L. 86–16, Apr. 27, 1959, 73 Stat. 20.) CHAPTER 7A—PROMOTION OF SOCIAL AND ECONOMIC WELFARE Sec. 305. Indian Arts and Crafts Board; creation and composition; per diem payments. 305a. Promotion of economic welfare through de- velopment of arts and crafts; powers of Board. 305a–1. Additional powers of Board; admission fees, rent, franchise fees and other fundraising activities; volunteers; transfer of revenues into special fund. 305b. Rules and regulations; submission to Sec- retary of the Interior. 305c. Appropriation. 305c–1. Repealed. 305d. Criminal proceedings; civil actions. 305e. Cause of action for misrepresentation of In- dian produced goods. 305f. Indian Arts and Crafts Board art collection. 306. Expenditures for encouragement of industry and self-support; repayment. 306a. Advances for support of old, disabled, or indi- gent allottees; lien against land. 307, 308. Omitted. 309. Vocational training program; eligibility; con- tracts or agreements. 309a. Authorization of appropriations. 309b. Vocational education funds. 310. Institute of American Indian and Alaska Na- tive Culture and Arts Development. § 305. Indian Arts and Crafts Board; creation and composition; per diem payments 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 com- missioners, who shall be appointed by the Sec- retary 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 cho- sen to fill a vacancy shall be appointed for the unexpired term of the commissioner whom he succeeds. Both public officers and private citi- zens shall be eligible for membership on the Board. The Board shall elect one of the commis- sioners as chairman. One or two vacancies on the Board shall not impair the right of the re- maining commissioners to exercise all the pow- ers of the Board. The commissioner shall serve without com- pensation: Provided, That each Commissioner shall be paid per diem in lieu of subsistence and other expenses at a rate that does not exceed the rate authorized by section 5703 of title 5 to be paid to persons serving without compensation. (Aug. 27, 1935, ch. 748, § 1, 49 Stat. 891; Pub. L. 87–23, § 1, Apr. 24, 1961, 75 Stat. 45.) 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, 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. § 305a. Promotion of economic welfare through development of arts and crafts; powers of Board 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 devel- opment of Indian arts and crafts and the expan- sion of the market for the products of Indian art and craftsmanship. In the execution of this func- tion the Board shall have the following powers: (a) To undertake market research to determine the best opportunity for the sale of various prod- ucts; (b) to engage in technical research and give technical advice and assistance; (c) to en- gage in experimentation directly or through se- lected agencies; (d) to correlate and encourage the activities of the various governmental and private agencies in the field; (e) to offer assist- ance 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 In- dian arts and crafts organization, trademarks of genuineness and quality for Indian products and the products of an individual Indian or par- ticular Indian tribe or Indian arts and crafts or- ganization; (2) to establish standards and regula- tions for the use of Government-owned trade- marks by corporations, associations, or individ- uals, and to charge for such use under such li- censes; (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 indi- vidual Indian or Indian tribe without charge; and (4) to pursue or defend in the courts any ap- peal or proceeding with respect to any final de- termination of that office; (h) to employ execu- tive officers, including a general manager, and such other permanent and temporary personnel as may be found necessary, and prescribe the au- thorities, 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 ap- plicable 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 Per- sonnel Management; (i) as a Government agency to negotiate and execute in its own name con- tracts with operating groups to supply manage- ment, personnel, and supervision at cost, and to negotiate and execute in its own name such other contracts and to carry on such other busi- ness as may be necessary for the accomplish- ment of the duties and purposes of the Board: Provided, That nothing in the foregoing enu- meration of powers shall be construed to author- ize 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. (Aug. 27, 1935, ch. 748, § 2, 49 Stat. 891; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3784; Pub. L. 101–644, title I, § 102, Nov. 29, 1990, 104 Stat. 4662.) Editorial Notes CODIFICATION The proviso in clause (h) originally provided that the Classification Act of 1923, as amended, shall be applica- ble to all permanent employees except executive offi- cers, and that all employees other than executive offi- cers shall be appointed in accordance with the civil- service laws from lists of eligibles to be supplied by the Civil Service Commission. The exception of ‘‘executive officers’’ has been omitted as obsolete and superseded. Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the 1923 Act and all laws or parts of laws inconsistent with the 1949 Act. While section 1106(a) of the 1949 Act provided that references in other laws to the 1923 Act should be held and consid- ered to mean the 1949 Act, it did not have the effect of continuing the exception in clause (h) because of sec- tion 1106(b) which provided that the application of the 1949 Act to any position, officers, or employee shall not