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2004 Indian Made Items, The Federal Code
2004
The Federal Code concerning
Indian Made Items
note the areas that are bolded.
25 USCS § 305e
UNITED STATES CODE SERVICE
Copyright © 2003 Matthew Bender & Company, Inc.,
one of the LEXIS Publishing (TM) companies
All rights reserved
*** CURRENT THROUGH P.L. 108-192,
APPROVED 12/19/03 ***
*** WITH GAPS OF 108-173, 178 and 189 ***
TITLE 25. INDIANS
CHAPTER 7A. PROMOTION OF SOCIAL
AND ECONOMIC WELFARE
GO TO CODE ARCHIVE DIRECTORY
FOR THIS JURISDICTION
25 USCS § 305e (2003)
305e. Cause of action for misrepresentation of
Indian produced goods and products
(a) Injunctive or other equitable relief; damages.
A person specified in subsection (c) 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 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.
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.
(b) Punitive damages; attorney's fee. In addition
to the relief specified in subsection (a), 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) 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;
(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; or
(C) by an Indian arts and crafts organization on
behalf of itself, or by an Indian on behalf of
himself or herself.
(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--
(i) the amount for the costs of suit and reasonable
attorney's fees awarded pursuant to subsection
(b) 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
(ii) the amount for the costs of investigation
awarded pursuant to subsection (b) and
reimburse the Board the amount of such costs
incurred as a direct result of Board activities in
the suit; 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) may be
deducted from the total amount awarded under
subsection (a)(2).
(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) subject to subsection (f), 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.
(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.
(f) Regulations. Not later than 180 days after the
date of enactment of the Indian Arts and Crafts
Enforcement Act of 2000 [enacted Nov. 9,
2000], the Board shall promulgate regulations to
include in the definition of the term "Indian
product" specific examples of such product to
provide guidance to Indian artisans as well as to
purveyors and consumers of Indian arts and
crafts, as defined under this Act [25 USCS §§
305 et seq.].
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