25 U.S.C. § 305a — Promotion of economic welfare through

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 Page 67 TITLE 25—INDIANS § 305c be affected by section 1106(a). The Classification Act of 1949 was repealed by Pub. L. 89–554, Sept. 6, 1966, § 8(a), 80 Stat. 632 (of which section 1 revised and enacted Title 5, Government Organization and Employees, into law). Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 au- thorizes the Office of Personnel Management to deter- mine the applicability to specific positions and employ- ees. Such appointments are subject to the civil service laws unless specifically excepted by such laws or by laws enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by the President pursuant to the Act of Nov. 26, 1940, ch. 919, title I, § 1, 54 Stat. 1211, which cov- ered most excepted positions into the classified (com- petitive) civil service. The Order is set out as a note under section 3301 of Title 5. ‘‘Chapter 51 and subchapter III of chapter 53 of title 5’’ substituted in text for ‘‘the Classification Act of 1949, as amended’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which en- acted Title 5. AMENDMENTS 1990—Pub. L. 101–644, § 102(1), in first sentence, sub- stituted ‘‘the Secretary of the Interior through the Board’’ for ‘‘the Board’’ and ‘‘Indian individuals’’ for ‘‘the Indian wards of the Government’’. Pub. L. 101–644, § 102(2), in second sentence, amended cl. (g) generally. Prior to amendment, cl. (g) read as follows: ‘‘to create Government trade marks of genu- ineness and quality for Indian products and the prod- ucts of particular Indian tribes or groups; to establish standards and regulations for the use of such trade marks; to license corporations, associations, or individ- uals to use them; and to charge a fee for their use; to register them in the United States Patent Office with- out charge;’’. Pub. L. 101–644, § 102(3), inserted sentence at end de- fining ‘‘Indian arts and crafts organization’’. 1949—Act Oct. 28, 1949, substituted ‘‘Classification Act of 1949’’ for ‘‘Classification Act of 1923’’. Statutory Notes and Related Subsidiaries REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this sec- tion, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. Executive Documents TRANSFER OF FUNCTIONS ‘‘Director of the Office of Personnel Management’’ substituted for ‘‘Civil Service Commission’’ in cl. (h), pursuant to Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Gov- ernment Organization and Employees, which trans- ferred functions vested by statute in Civil Service Com- mission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. 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. § 305a–1. Additional powers of Board; admission fees, rent, franchise fees and other fund- raising activities; volunteers; transfer of rev- enues into special fund In fiscal year 1997 and thereafter, the Indian Arts and Crafts Board may charge admission fees at its museums; charge rent and/or fran- chise fees for shops located in its museums; pub- lish and sell publications; sell or rent or license use of photographs or other images in hard copy or other forms; license the use of designs, in whole or in part, by others; charge for con- sulting services provided to others; and may ac- cept the services of volunteers to carry out its mission: Provided, That all revenue derived from such activities is covered into the special fund established by section 305c of this title. (Pub. L. 104–208, div. A, title I, § 101(d) [title I, § 118], Sept. 30, 1996, 110 Stat. 3009–181, 3009–202.) § 305b. Rules and regulations; submission to Sec- retary of the Interior The Board shall prescribe from time to time rules and regulations governing the conduct of its business and containing such provisions as it may deem appropriate for the effective execu- tion and administration of the powers conferred upon it by this Act: Provided, That before pre- scribing any procedure for the disbursement of money the Board shall advise and consult with the Government Accountability Office: Provided further, That all rules and regulations proposed by the Board shall be submitted to the Sec- retary of the Interior and shall become effective upon his approval. (Aug. 27, 1935, ch. 748, § 3, 49 Stat. 892; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) 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. AMENDMENTS 2004—Pub. L. 108–271 substituted ‘‘Government Ac- countability Office’’ for ‘‘General Accounting Office’’. 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. Disbursement functions of all Government agencies, except Departments of the Army, Navy, and Air Force and Panama Canal, transferred to Division of Disburse- ments, Department of the Treasury, by Ex. Ord. No. 6166, § 4, June 10, 1933, and Ex. Ord. No. 6728, May 29, 1934. Division subsequently consolidated with other agencies into the Fiscal Service in Department of the Treasury by Reorg. Plan No. III of 1940, § 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231. See section 306 of Title 31, Money and Finance. § 305c. Appropriation There is authorized to be appropriated out of any sums in the Treasury not otherwise appro- priated such sums as may be necessary to defray the expenses of the Board and carry out the pur- poses and provisions of this Act. All income de- rived by the Board from any source shall be cov- ered into the Treasury of the United States and