215. Indian Arts and Crafts Act of 1990, November 29, 1990
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334 Secretary shall establish a committee to monitor and review the implementation of the inventory and identification process and repatriation activities required under sections 5, 6 and 7. . . . sec. 10. grants. (a) Indian Tribes and Native Hawaiian Organizations.—The Secretary is authorized to make grants to Indian tribes and Native Hawaiian organizations for the purpose of assisting such tribes and organizations in the repatriation of Native American cultural items. (b) Museums.—The Secretary is authorized to make grants to museums for the purpose of assisting the museums in conducting the inventories and identification required under section 5 and 6. . . . [U.S. Statutes at Large, 104:3048, 3050– 55, 3057.] 215. Indian Arts and Crafts Act of 1990 November 29, 1990 A surge of interest in Indian art in the 1970s and 1980s called for greater protection from foreign imports, and a solution was needed for the domestic problem of sale of Indian products and misrepresentation as Indian artists by persons who falsely claimed to be members of an Indian tribe. This act was a response to that challenge. Regulations for implementing the act were published in Federal Register 61:54551–56(October 21, 1996). An Act to expand the powers of the Indian Arts and Crafts Board, and for other purposes. . . . . TITLE I—INDIAN ARTS AND CRAFTS sec. 102. powers of indian arts and crafts board. Section 2 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. 305a) is amended— (1) in the first sentence— (A) by striking “the Board” and inserting “the Secretary of the Interior through the Board”; and (B) by striking “the Indian wards of the Government” and inserting “Indian individuals”; (2) by amending clause (g) to read as follows: “(g)(1) to create for the Board, or for an individual Indian or Indian tribe or Indian arts and crafts organization, trademarks of genuineness and quality for Indian products and the products of an individual Indian or particular Indian tribe or Indian arts and crafts organization; (2) to establish standards and regulations for the use of Government-owned trademarks by corporations, associations, or individuals, and to charge for such use under such licenses; (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 individual Indian or Indian tribe without charge; and (4) to pursue or defend in the courts any appeal or proceeding with respect to any final determination of that office”; and (3) by adding at the end the following new sentence: “For the purpose 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.” . . . . sec. 104. criminal penalty for misrepresentation of indian produced goods and products. (a) In General.—Section 1159 of title 18, United States Code, is amended to read as follows: “§ 1159. Misrepresentation of Indian produced goods and products “(a) It is unlawful to offer or display for 335 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) Whoever knowingly violates subsection (a) shall— “(1) in the case of a first violation, if an individual, be fined not more than $250,000 or imprisoned not more than five years, or both, and, if a person other than an individual, be fined not more than $1,000,000; and “(2) in the case of subsequent violations , if an individual, be fined not more than $1,000,000 or imprisoned not more than fifteen years, or both, and, if 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’ means— “(A) any...


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