25 U.S.C. § 305e — Cause of action for misrepresentation of

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 Repealed.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 relating to an alleged violation of this Act oc- curring 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 to any Federal law enforcement officer for appropriate inves- tigation. (B) Referral not required A Federal law enforcement officer may in- vestigate an alleged violation of section 1159 of that title regardless of whether the Fed- eral law enforcement officer receives a refer- ral under subparagraph (A). (2) Findings The findings of an investigation of an al- leged violation of section 1159 of title 18 by any Federal department or agency under para- graph (1)(A) shall be submitted, as appro- priate, to— (A) a Federal or State prosecuting author- ity; 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; and (B) provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate. (d) Civil actions In lieu of, or in addition to, any criminal pro- ceeding under subsection (c), the Board may rec- ommend that the Attorney General initiate a civil action under section 305e of this title. (Aug. 27, 1935, ch. 748, § 5, as added Pub. L. 101–644, title I, § 103, Nov. 29, 1990, 104 Stat. 4662; amended Pub. L. 111–211, title I, § 102(a), July 29, 2010, 124 Stat. 2258.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (b), is act Aug. 27, 1935, ch. 748, 49 Stat. 891, which is classified generally to section 305 et seq. of this title. For complete classi- fication of this Act to the Code, see Tables. PRIOR PROVISIONS A prior section, act Aug. 27, 1935, ch. 748, § 5, 49 Stat. 892, related to counterfeiting of a trade mark and pen- alty, prior to repeal by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, effective Sept. 1, 1948. See section 1158 of Title 18, Crimes and Criminal Procedure. AMENDMENTS 2010—Pub. L. 111–211 amended section generally. Prior to amendment, text read as follows: ‘‘(a) The Board may receive complaints of violations of section 1159 of title 18 and refer complaints of such violations to the Federal Bureau of Investigation for appropriate investigation. After reviewing the inves- tigation report, the Board may recommend to the At- torney General of the United States that criminal pro- ceedings be instituted under that section. ‘‘(b) The Board may recommend that the Secretary of the Interior refer the matter to the Attorney General for civil action under section 305e of this title.’’ § 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. Page 69 TITLE 25—INDIANS § 305e (B) Inclusion The term ‘‘Indian tribe’’ includes, for pur- poses of this section only, an Indian group that has been formally recognized as an In- dian 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 re- lief; 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 at- torney’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 organiza- tion; (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 organiza- tion; (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 or- ganization 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 Gen- eral 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 de- posited 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 inves- tigation 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 in- clude in the definition of the term ‘‘Indian prod- uct’’ specific examples of such product to pro- vide guidance to Indian artisans as well as to purveyors and consumers of Indian arts and crafts, as defined under this Act. (Aug. 27, 1935, ch. 748, § 6, as added Pub. L. 101–644, title I, § 105, Nov. 29, 1990, 104 Stat. 4664; amended Pub. L. 106–497, § 2, Nov. 9, 2000, 114 Stat. 2219; Pub. L. 111–211, title I, § 102(b), July 29, 2010, 124 Stat. 2259.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (f), is act Aug. 27, 1935, ch. 748, 49 Stat. 891, which is classified generally to sec- tion 305 et seq. of this title. For complete classification of this Act to the Code, see Tables. PRIOR PROVISIONS A prior section, act Aug. 27, 1935, ch. 748, § 6, 49 Stat. 893, related to offering for sale without trade mark goods as Indian goods, prior to repeal by acts June 25, 1948, ch. 645, § 21, 62 Stat. 862; June 25, 1948, ch. 646, § 39, 62 Stat. 992, effective Sept. 1, 1948. See section 1159 of Title 18, Crimes and Criminal Procedure. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–211, § 102(b)(3), added subsec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 111–211, § 102(b)(2), (4), redesig- nated subsec. (a) as (b) and substituted ‘‘subsection (d)’’ for ‘‘subsection (c)’’ in introductory provisions. Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 111–211, § 102(b)(2), (5), redesig- nated subsec. (b) as (c) and substituted ‘‘subsection (b)’’ for ‘‘subsection (a)’’ and ‘‘the civil action’’ for ‘‘suit’’. Former subsec. (c) redesignated (d). Page 70 TITLE 25—INDIANS § 305f Subsec. (d). Pub. L. 111–211, § 102(b)(6), added subsec. (d) and struck out former subsec. (d) relating to persons who may initiate civil actions. Pub. L. 111–211, § 102(b)(1), (2), redesignated subsec. (c) as (d) and struck out former subsec. (d) relating to defi- nitions. Subsec. (e). Pub. L. 111–211, § 102(b)(7), inserted head- ing and substituted ‘‘If’’ for ‘‘In the event that’’. 2000—Subsec. (a). Pub. L. 106–497, § 2(1), inserted ‘‘, directly or indirectly,’’ after ‘‘against a person who’’ in introductory provisions and inserted at end ‘‘For purposes of paragraph (2)(A), damages shall include any and all gross profits accrued by the defendant as a re- sult of the activities found to violate this subsection.’’ Subsec. (c)(1)(C). Pub. L. 106–497, § 2(2)(A), added sub- par. (C). Subsec. (c)(2)(A). Pub. L. 106–497, § 2(2)(B), designated existing text as cl. (i) and added cl. (ii). Subsec. (d)(2). Pub. L. 106–497, § 2(3), inserted ‘‘subject to subsection (f) of this section,’’ before ‘‘the terms’’. Subsec. (f). Pub. L. 106–497, § 2(4), added subsec. (f). Statutory Notes and Related Subsidiaries CERTIFICATION OF INDIAN ARTISANS Pub. L. 101–644, title I, § 107, Nov. 29, 1990, 104 Stat. 4665, provided that: ‘‘For the purposes of section 1159 of title 18, United States Code, and section 6 of the Act entitled ‘An Act to promote the development of Indian arts and crafts and to create a board to assist therein, and for other purposes’ (25 U.S.C. 305 et seq.) [25 U.S.C. 305e] an Indian tribe may not impose a fee in certifying an individual as an Indian artisan. For the purposes of this section, the term ‘Indian tribe’ has the same mean- ing given such term in section 1159(c)(3) of title 18, United States Code.’’ § 305f. Indian Arts and Crafts Board art collec- tion (a) Transfer of art collection and costs Notwithstanding any other provision of law, the Secretary of the Interior is directed to transfer all right, title and interest in that por- tion of the Indian Arts and Crafts Board art col- lection maintained permanently by the Indian Arts and Crafts Board in Washington, District of Columbia, to the Secretary of the Smithsonian Institution to be a part of the collection of the National Museum of the American Indian, sub- ject to subsection (b). Transfer of the collection and costs thereof shall be carried out in accord- ance with terms, conditions, and standards mu- tually agreed upon by the Secretary of the Inte- rior and the Secretary of the Smithsonian Insti- tution. (b) Retention of permanent license to use of im- ages The Indian Arts and Crafts Board shall retain a permanent license to the use of images of the collection for promotional, economic develop- ment, educational and related nonprofit pur- poses. The Indian Arts and Crafts Board shall not be required to pay any royalty or fee for such license. (Aug. 27, 1935, ch. 748, § 7, as added Pub. L. 105–277, div. A, § 101(e) [title III, § 356(a)], Oct. 21, 1998, 112 Stat. 2681–231, 2681–304.) § 306. Expenditures for encouragement of indus- try and self-support; repayment On and after May 9, 1938, the expenditures for the purpose of encouraging industry and self- support among the Indians and to aid them in the culture of fruits, grains, and other crops shall be under conditions to be prescribed by the Secretary of the Interior for repayment to the United States on or before the expiration of five years, except in the case of loans on irrigable lands for permanent improvement of said lands, in which the period for repayment may run for not exceeding twenty years, in the discretion of the Secretary of the Interior. (May 9, 1938, ch. 187, § 1, 52 Stat. 302.) § 306a. Advances for support of old, disabled, or indigent allottees; lien against land On and after May 9, 1938, the Secretary of the Interior is authorized, in his discretion and under such rules and regulations as he may pre- scribe, to make advances to old, disabled, or in- digent Indian allottees, for their support, to re- main a charge and lien against their land until paid; such advances for the fiscal year 1939 to be made from the appropriations in this paragraph and those for fiscal years thereafter to be made from appropriations specifically available for such purposes. (May 9, 1938, ch. 187, § 1, 52 Stat. 302.) Editorial Notes REFERENCES IN TEXT This paragraph, referred to in text, means the first undesignated paragraph contained at 52 Stat. 302, and the appropriations for advances for the fiscal year 1939, referred to in text, were contained in such part of the undesignated paragraph which was not classified to the Code. §§ 307, 308. Omitted Editorial Notes CODIFICATION Section 307, acts Mar. 17, 1949, ch. 22, § 1, 63 Stat. 14; June 30, 1949, ch. 288, title I, § 105, 63 Stat. 381, directed Administrator of General Services to transfer to Sec- retary of the Interior property known as Bushnell Gen- eral Hospital, Brigham City, Utah, for use of Bureau of Indian Affairs as a vocational school for children and housing and training center for adults. Pub. L. 98–401, Aug. 27, 1984, 98 Stat. 1477, provided that when the Sec- retary ceases to use the property for school purposes, he shall publish the legal description of the property in the Federal Register and convey the property without consideration to Brigham City, Utah. The property was conveyed and notice was published in 50 F.R. 1636, Jan. 11, 1985. Section 308, act Mar. 17, 1949, ch. 22, § 2, 63 Stat. 14, di- rected Secretary of the Interior to take over the prop- erty as soon as Congress appropriated funds for alter- ations, maintenance, and operation. § 309. Vocational training program; eligibility; contracts or agreements In order to help adult Indians who reside on or near Indian reservations to obtain reasonable and satisfactory employment, the Secretary of the Interior is authorized to undertake a pro- gram of vocational training that provides for vo- cational counseling or guidance, institutional training in any recognized vocation or trade, ap- prenticeship, and on the job training, for periods that do not exceed twenty-four months, and, for