§ 305a. Promotion of economic welfare through development of arts and crafts; powers of Board

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1935

   Pub. L. 74–748 § 2 · 49 Stat. 891

   Enacted · 25 U.S.C. § 305a

   Aug. 27, 1935, ch. 748, § 2, 49 Stat. 891

   Source evidence

   Code source credit
   Aug. 27, 1935, ch. 748, § 2, 49 Stat. 891

   Enacted provision · exact public law section
   Sec. 2. It shall be the function and the duty of the Board to Functions and duty of Board. promote the economic welfare of the Indian tribes and the Indian wards of the Government through the development of Indian arts and crafts and the expansion of the market for the products of Extending markets for products. Indian art and craftsmanship. In the execution of this function the Board shall have the following powers: (a) To undertake market research to determine the best opportunity for the sale of various Technical studies, etc. products; (b) to engage in technical research and give technical advice and assistance; (c) to engage in experimentation directly or through selected agencies; (d) to correlate and encourage the activities of the various governmental and private agencies in the field; (e) to offer assistance 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 Trade marking. and sale of Indian products; (g) to create Government trade marks of genuineness and quality for Indian products and the products of Establishing standards. Licenses for use of. particular Indian tribes or groups; to establish standards and regulations for the use of such trade marks; to license corporations, associations, or individuals to use them; and to charge a fee for their use; to register them in the United States Patent Office without Personal services. charge; (h) to employ executive officers, including a general manager, and such other permanent and temporary personnel as may be found necessary, and prescribe the authorities, duties, responsibilities, and tenure and fix the compensation of such officers and other Proviso. Appointments in accordance with Classification and Civil Service Acts. Vol. 42, p. 1488; U. S. C., p. 85. employees: Provided, That the Classification Act of 1923, as amended, shall be applicable to all permanent employees except executive officers, and that all employees other than executive officers shall be appointed in accordance with the civil-service laws from lists of eligibles to be supplied by the Civil Service Commission; Business contracts. (i) as a Government agency to negotiate and execute in its own name contracts with operating groups to supply management, personnel, and supervision at cost, and to negotiate and execute in its own name such other contracts and to carry on such other business as may be necessary for the accomplishment of the duties and purposes Proviso. Unauthorized acts. of the Board: Provided, That nothing in the foregoing enumeration of powers shall be construed to authorize the Board to borrow or lend money or to deal in Indian goods.

2. 1990

   Indian Arts and Crafts Act of 1990

   Pub. L. 101–644 § 102(1) · 104 Stat. 4662

   1. Substituted · 25 U.S.C. § 305a

      Pub. L. 101–644, § 102(1), in first sentence, substituted “the Secretary of the Interior through the Board” for “the Board”

   2. Substituted · 25 U.S.C. § 305a

      Pub. L. 101–644, § 102(1), in first sentence, substituted “Indian individuals” for “the Indian wards of the Government”

   Source evidence

   Code amendment note
   Pub. L. 101–644, § 102(1), in first sentence, substituted “the Secretary of the Interior through the Board” for “the Board” and “Indian individuals” for “the Indian wards of the Government”.

   Enacted provision · exact public law section
   (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”;

3. 1990

   Indian Arts and Crafts Act of 1990

   Pub. L. 101–644 § 102(2) · 104 Stat. 4662

   Amended · 25 U.S.C. § 305a

   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 genuineness and quality for Indian products and the products of particular Indian tribes or groups; to establish standards and regulations for the use of such trade marks; to license corporations, associations, or individuals to use them; and to charge a fee for their use; to register them in the United States Patent Office without charge;”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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 genuineness and quality for Indian products and the products of particular Indian tribes or groups; to establish standards and regulations for the use of such trade marks; to license corporations, associations, or individuals to use them; and to charge a fee for their use; to register them in the United States Patent Office without charge;”.

   Enacted provision · exact public law section
   (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

4. 1990

   Indian Arts and Crafts Act of 1990

   Pub. L. 101–644 § 102(3) · 104 Stat. 4662

   Inserted · 25 U.S.C. § 305a

   Pub. L. 101–644, § 102(3), inserted sentence at end defining “Indian arts and crafts organization”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–644, § 102(3), inserted sentence at end defining “Indian arts and crafts organization”.

   Enacted provision · exact public law section
   (3) by adding at the end the following new sentence: “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.”.

5 of 5 references resolved to an enrolled provision