§ 305e. Cause of action for misrepresentation of Indian produced goods

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

   Indian Arts and Crafts Act of 1990

   Pub. L. 101–644 title I § 105 · 104 Stat. 4662

   Enacted · 25 U.S.C. § 305e

   Aug. 27, 1935, ch. 748, § 6, as added Pub. L. 101–644, title I, § 105, Nov. 29, 1990, 104 Stat. 4664

   Source evidence

   Code source credit
   Aug. 27, 1935, ch. 748, § 6, as added Pub. L. 101–644, title I, § 105, Nov. 29, 1990, 104 Stat. 4664

   Enacted provision · exact public law section
   SEC. 105. CAUSE OF ACTION FOR MISREPRESENTATION OF INDIAN PRODUCED GOODS AND PRODUCTS. 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.) (as amended by section 3) is further amended by adding at the end of the following: “Sec. 6. (a) A person specified in subsection (c) 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) 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) (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; 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) 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) may be deducted from the total amount awarded under subsection (a)(2). “(d) 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. “(e) 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.”.

2. 2000

   Pub. L. 106–497 § 2(1) · 114 Stat. 2219

   1. Inserted · 25 U.S.C. § 305e(a)

      Pub. L. 106–497, § 2(1), inserted “, directly or indirectly,” after “against a person who” in introductory provisions

   2. Inserted · 25 U.S.C. § 305e(a)

      Pub. L. 106–497, § 2(1), inserted at end “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.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–497, § 2(1), inserted “, directly or indirectly,” after “against a person who” in introductory provisions and inserted at end “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.”

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting “, directly or indirectly,” after “against a person who”; and (B) by inserting the following flush language after paragraph (2)(B): “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.”;

3. 2000

   Pub. L. 106–497 § 2(2)(A) · 114 Stat. 2219

   Added · 25 U.S.C. § 305e(c)(1)(C)

   Pub. L. 106–497, § 2(2)(A), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (c)(1)(C). Pub. L. 106–497, § 2(2)(A), added subpar. (C).

   Enacted provision · exact public law section
   (A) in paragraph (1)— (i) in subparagraph (A), by striking “or” at the end; (ii) in subparagraph (B), by striking the period and inserting “; or”; and (iii) by adding at the end the following: “(C) by an Indian arts and crafts organization on behalf of itself, or by an Indian on behalf of himself or herself.”; and

4. 2000

   Pub. L. 106–497 § 2(2)(B) · 114 Stat. 2219

   1. Amended · 25 U.S.C. § 305e(c)(2)(A)

      Pub. L. 106–497, § 2(2)(B), designated existing text as cl. (i)

   2. Added · 25 U.S.C. § 305e(c)(2)(A)

      Pub. L. 106–497, § 2(2)(B), added cl. (ii)

   Source evidence

   Code amendment note
   Subsec. (c)(2)(A). Pub. L. 106–497, § 2(2)(B), designated existing text as cl. (i) and added cl. (ii).

   Enacted provision · exact public law section
   (B) in paragraph (2)(A)— (i) by striking “the amount recovered the amount” and inserting “the amount recovered— “(i) the amount”; and (ii) by adding at the end the following: “(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”;

5. 2000

   Pub. L. 106–497 § 2(3) · 114 Stat. 2219

   Inserted · 25 U.S.C. § 305e(d)(2)

   Pub. L. 106–497, § 2(3), inserted “subject to subsection (f) of this section,” before “the terms”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 106–497, § 2(3), inserted “subject to subsection (f) of this section,” before “the terms”.

   Enacted provision · exact public law section
   (3) in subsection (d)(2), by inserting “subject to subsection (f),” after “(2)”; and

6. 2000

   Pub. L. 106–497 § 2(4) · 114 Stat. 2219

   Added · 25 U.S.C. § 305e(f)

   Pub. L. 106–497, § 2(4), added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 106–497, § 2(4), added subsec. (f).

   Enacted provision · exact public law section
   (4) by adding at the end the following: “(f) Not later than 180 days after the date of enactment of the Indian Arts and Crafts Enforcement Act of 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.”.

7. 2010

   Pub. L. 111–211 § 102(b)(3) · 124 Stat. 2258

   Redesignated · 25 U.S.C. § 305e(a)

   Pub. L. 111–211, § 102(b)(3), added subsec. (a). Former subsec. (a) redesignated (b)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–211, § 102(b)(3), added subsec. (a). Former subsec. (a) redesignated (b).

   Enacted provision · exact public law section
   (3) by inserting before subsection (b) (as redesignated by paragraph (2)) the following: “(a) Definitions.— In this section: “(1) Indian.— The term ‘Indian’ means an individual that— “(A) is a member of an Indian tribe; or “(B) is certified as an Indian artisan by an Indian tribe. “(2) Indian product.— The term ‘Indian product’ has the meaning given the term in any regulation promulgated by the Secretary. “(3) Indian tribe.— “(A) In general.— The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). “(B) Inclusion.— The term ‘Indian tribe’ includes, for purposes of this section only, an Indian group that has been formally recognized as an Indian tribe by— “(i) a State legislature; “(ii) a State commission; or “(iii) another similar organization vested with State legislative tribal recognition authority. “(4) Secretary.— The term ‘Secretary’ means the Secretary of the Interior.” ;

8. 2010

   Pub. L. 111–211 § 102(b)(2) · 124 Stat. 2258

   1. Redesignated · 25 U.S.C. § 305e(b)

      Pub. L. 111–211, § 102(b)(2), (4), redesignated subsec. (a) as (b)

   2. Redesignated · 25 U.S.C. § 305e(b)

      Pub. L. 111–211, § 102(b)(2), (4), substituted “subsection (d)” for “subsection (c)” in introductory provisions. Former subsec. (b) redesignated (c)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 111–211, § 102(b)(2), (4), redesignated subsec. (a) as (b) and substituted “subsection (d)” for “subsection (c)” in introductory provisions. Former subsec. (b) redesignated (c).

   Enacted provision · exact public law section
   (2) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively;

9. 2010

   Pub. L. 111–211 § 102(b)(2) · 124 Stat. 2258

   1. Redesignated · 25 U.S.C. § 305e(c)

      Pub. L. 111–211, § 102(b)(2), (5), redesignated subsec. (b) as (c)

   2. Redesignated · 25 U.S.C. § 305e(c)

      Pub. L. 111–211, § 102(b)(2), (5), substituted “subsection (b)” for “subsection (a)” and “the civil action” for “suit”. Former subsec. (c) redesignated (d)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 111–211, § 102(b)(2), (5), redesignated subsec. (b) as (c) and substituted “subsection (b)” for “subsection (a)” and “the civil action” for “suit”. Former subsec. (c) redesignated (d).

   Enacted provision · exact public law section
   (2) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively;

10. 2010

    Pub. L. 111–211 § 102(b)(6) · 124 Stat. 2258

    1. Added · 25 U.S.C. § 305e(d)

       Pub. L. 111–211, § 102(b)(6), added subsec. (d)

    2. Struck · 25 U.S.C. § 305e(d)

       Pub. L. 111–211, § 102(b)(6), struck out former subsec. (d) relating to persons who may initiate civil actions

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 111–211, § 102(b)(6), added subsec. (d) and struck out former subsec. (d) relating to persons who may initiate civil actions.

    Enacted provision · exact public law section
    (6) by striking subsection (d) (as redesignated by paragraph (2)) and inserting the following: “(d) Persons That May Initiate Civil Actions.— “(1) In general.— A civil action under subsection (b) may be initiated by— “(A) the Attorney General, at the request of the Secretary acting on behalf of— “(i) an Indian tribe; “(ii) an Indian; or “(iii) an Indian arts and crafts organization; “(B) an Indian tribe, acting on behalf of— “(i) the Indian tribe; “(ii) a member of that Indian tribe; or “(iii) an Indian arts and crafts organization; “(C) an Indian; or “(D) an Indian arts and crafts organization. “(2) Disposition of amounts recovered.— “(A) In general.— Except as provided in subparagraph (B), an amount recovered in a civil action under this section shall be paid to the Indian tribe, the Indian, or the Indian arts and crafts organization on the behalf of which the civil action was initiated. “(B) Exceptions.— “(i) Attorney general.— In the case of a civil action initiated under paragraph (1)(A), the Attorney General may deduct from the amount— “(I) the amount of the cost of the civil action and reasonable attorney’s fees awarded under subsection (c), to be deposited in the Treasury and credited to appropriations available to the Attorney General on the date on which the amount is recovered; and “(II) the amount of the costs of investigation awarded under subsection (c), to reimburse the Board for the activities of the Board relating to the civil action. “(ii) Indian tribe.— In the case of a civil action initiated under paragraph (1)(B), the Indian tribe may deduct from the amount— “(I) the amount of the cost of the civil action; and “(II) reasonable attorney’s fees.” ; and

11. 2010

    Pub. L. 111–211 § 102(b)(1) · 124 Stat. 2258

    1. Redesignated · 25 U.S.C. § 305e(d)

       Pub. L. 111–211, § 102(b)(1), (2), redesignated subsec. (c) as (d)

    2. Struck · 25 U.S.C. § 305e(d)

       Pub. L. 111–211, § 102(b)(1), (2), struck out former subsec. (d) relating to definitions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–211, § 102(b)(1), (2), redesignated subsec. (c) as (d) and struck out former subsec. (d) relating to definitions.

    Enacted provision · exact public law section
    (1) by striking subsection (d);

12. 2010

    Pub. L. 111–211 § 102(b)(7) · 124 Stat. 2258

    1. Inserted · 25 U.S.C. § 305e(e)

       Pub. L. 111–211, § 102(b)(7), inserted heading

    2. Substituted · 25 U.S.C. § 305e(e)

       Pub. L. 111–211, § 102(b)(7), substituted “If” for “In the event that”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 111–211, § 102(b)(7), inserted heading and substituted “If” for “In the event that”.

    Enacted provision · exact public law section
    (7) in subsection (e), by striking “(e) In the event that” and inserting the following: “(e) Savings Provision.— If” .

19 of 19 references resolved to an enrolled provision