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-CITE-
    18 USC Sec. 1159                                             01/26/98
-EXPCITE-
    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 53 - INDIANS
-HEAD-
    Sec. 1159. Misrepresentation of Indian produced goods and products
-STATUTE-
      (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) 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 Indian tribe, band, nation, Alaska Native village, or
        other organized group or community which is recognized as
        eligible for the special programs and services provided by the
        United States to Indians because of their status as Indians; or
          (B) any Indian group that has been formally recognized as an
        Indian tribe by a State legislature or by a State commission or
        similar organization legislatively vested with State tribal
        recognition authority; and
        (4) the term ''Indian arts and crafts organization'' means any
      legally established arts and crafts marketing organization
      composed of members of Indian tribes.
      (d) In the event that 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.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 759; Nov. 29, 1990, Pub. L.
    101-644, title I, Sec. 104(a), 104 Stat. 4663.)
-MISC1-
                       HISTORICAL AND REVISION NOTES
      Based on section 305e of title 25, U.S.C., 1940 ed., Indians
    (Aug. 27, 1935, ch. 748, Sec. 6, 49 Stat. 893).
      The reference to the offense as a misdemeanor was omitted as
    unnecessary in view of the definition of misdemeanor in section 1
    of this title.
     The last paragraph of section 305e of title 25, U.S.C., 1940 ed.,
    relating to duty of district attorney to prosecute violations of
    such section, will be incorporated in title 28, U.S. Code.
      Maximum fine of $2,000 was changed to $500 to bring the offense
    within the category of petty offenses defined by section 1 of this
    title. (See reviser's note under section 1157 of this title.)
      Minor changes were made in phraseology.

                                 AMENDMENTS

      1990 - Pub. L. 101-644 substituted ''Misrepresentation of Indian
    produced goods and products'' for ''Misrepresentation in sale of
    products'' in section catchline and amended text generally.  Prior
    to amendment, text read as follows: ''Whoever willfully offers or
    displays for sale any goods, with or without any Government trade
    mark, as Indian products or Indian products of a particular Indian
    tribe or group, resident within the United States or the Territory
    of Alaska, when such person knows such goods are not Indian
    products or are not Indian products of the particular Indian tribe
    or group, shall be fined not more than $500 or imprisoned not more
    than six months, or both.''

                      CERTIFICATION OF INDIAN ARTISANS

      For purposes of this section, an Indian tribe may not impose fee
    to certify individual as Indian artisan, with ''Indian tribe''
    having same meaning as in subsec. (c)(3) of this section, see
    section 107 of Pub. L. 101-644, set out as a note under section
    305e of Title 25, Indians.

                        ADMISSION OF ALASKA AS STATE

      Admission of Alaska into the Union was accomplished 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.

-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 25 section 305d.
-----------------------------------------------------------------------
-CITE-
    25 USC Sec. 305e                                             01/26/98
-EXPCITE-
    TITLE 25 - INDIANS
    CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE
-HEAD-
    Sec. 305e. Cause of action for misrepresentation of Indian produced
        goods
-STATUTE-
    (a) Injunctive or equitable relief; damages
      A person specified in subsection (c) of this section may, in a
    civil action in a court of competent jurisdiction, bring an action
    against a person who 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.

    (b) Punitive damages; attorney's fee
      In addition to the relief specified in subsection (a) of this
    section, the court may award punitive damages and the costs of suit
    and a reasonable attorney's fee.
    (c) Persons who may initiate civil actions
      (1) A civil action under subsection (a) of this section may be
    commenced -
        (A) by the Attorney General of the United States upon request
      of the Secretary of the Interior on behalf of an Indian who is a
      member of an Indian tribe or on behalf of an Indian tribe or
      Indian arts and crafts organization; or
        (B) by an Indian tribe on behalf of itself, an Indian who is a
      member of the tribe, or on behalf of an Indian arts and crafts
      organization.
      (2) Any amount recovered pursuant to this section shall be paid
    to the individual Indian, Indian tribe, or Indian arts and crafts
    organization, except that -
        (A) in the case of paragraph (1)(A), the Attorney General may
      deduct from the amount recovered the amount for the costs of suit
      and reasonable attorney's fees awarded pursuant to subsection (b)
      of this section and deposit the amount of such costs and fees as
      a reimbursement credited to appropriations currently available to
      the Attorney General at the time of receipt of the amount
      recovered; and
        (B) in the case of paragraph (1)(B), the amount recovered for
      the costs of suit and reasonable attorney's fees pursuant to
      subsection (b) of this section may be deducted from the total
      amount awarded under subsection (a)(2) of this section.
    (d) Definitions
      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 (FOOTNOTE 1) in regulations which may be
      promulgated by the Secretary of the Interior;
       (FOOTNOTE 1) So in original.  Probably should be ''terms''.
        (3) the term ''Indian tribe'' means -
          (A) any Indian tribe, band, nation, Alaska Native village, or
        other organized group or community which is recognized as
        eligible for the special programs and services provided by the
        United States to Indians because of their status as Indians; or
          (B) any Indian group that has been formally recognized as an
        Indian tribe by a State legislature or by a State commission or
        similar organization legislatively vested with State tribal
        recognition authority; and
        (4) the term ''Indian arts and crafts organization'' means any
      legally established arts and crafts marketing organization
      composed of members of Indian tribes.
    (e) Severability
      In the event that 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.
-SOURCE-
    (Aug. 27, 1935, ch. 748, Sec. 6, as added Pub. L. 101-644, title I,
    Sec. 105, Nov. 29, 1990, 104 Stat. 4664.)
-MISC1-
                              PRIOR PROVISIONS
      A prior section, act Aug. 27, 1935, ch. 748, Sec. 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, Sec.
    21, 62 Stat. 862; June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992,
    effective Sept. 1, 1948. See section 1159 of Title 18, Crimes and
    Criminal Procedure.

                      CERTIFICATION OF INDIAN ARTISANS
      Section 107 of Pub. L. 101-644 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 meaning given such term in section 1159(c)(3) of title
    18, United States Code.''

-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 305d of this title.