I 

110TH CONGRESS 

2D SESSION S. 1255 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 24, 2008 

Referred to the Committee on Natural Resources and in addition to the Committee on the Judiciary, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

AN ACT 

To protect Indian arts and crafts through the improvement 

of applicable criminal proceedings, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. 7. 

2 This Act may be cited as the ‘‘Indian Arts and Crafts 

3 Amendments Act of 2008’’. 

4 SEC. 2. INDIAN ARTS AND CRAFTS. 

5 (a) CRIMINAL PROCEEDINGS; CIVIL ACTIONS; MIS6 REPRESENTATIONS.—Section 5 of the Act entitled ‘‘An 

7 Act to promote the development of Indian arts and crafts 

8 and to create a board to assist therein, and for other pur9 poses’’ (25 U.S.C. 305d) is amended to read as follows: 

10 ‘‘SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS. 

11 ‘‘(a) DEFINITION OF FEDERAL LAW ENFORCEMENT

12 OFFICER.—In this section, the term ‘Federal law enforce13 ment officer’ includes a Federal law enforcement officer 

14 (as defined in section 115(c) of title 18, United States 

15 Code). 

16 ‘‘(b) AUTHORITY TO CONDUCT INVESTIGATIONS.— 

17 Any Federal law enforcement officer shall have the author18 ity to conduct an investigation relating to an alleged viola19 tion of this Act occurring within the jurisdiction of the 

20 United States. 

21 ‘‘(c) CRIMINAL PROCEEDINGS.— 

22 ‘‘(1) INVESTIGATION.— 

23 ‘‘(A) IN GENERAL.—The Board may refer 

24 an alleged violation of section 1159 of title 18, 

25 United States Code, to any Federal law enforce26 ment officer for appropriate investigation. 


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1 ‘‘(B) REFERRAL NOT REQUIRED.—A Fed2 eral law enforcement officer may investigate an 

3 alleged violation of section 1159 of that title re4 gardless of whether the Federal law enforce5 ment officer receives a referral under subpara6 graph (A). 

7 ‘‘(2) FINDINGS.—The findings of an investiga8 tion of an alleged violation of section 1159 of title 

9 18, United States Code, by any Federal department 

10 or agency under paragraph (1)(A) shall be sub11 mitted, as appropriate, to— 

12 ‘‘(A) a Federal or State prosecuting au13 thority; or 

14 ‘‘(B) the Board. 

15 ‘‘(3) RECOMMENDATIONS.—On receiving the 

16 findings of an investigation under paragraph (2), the 

17 Board may— 

18 ‘‘(A) recommend to the Attorney General 

19 that criminal proceedings be initiated under 

20 section 1159 of title 18, United States Code; 

21 and 

22 ‘‘(B) provide such support to the Attorney 

23 General relating to the criminal proceedings as 

24 the Attorney General determines to be appro25 priate. 


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1 ‘‘(d) CIVIL ACTIONS.—In lieu of, or in addition to, 

2 any criminal proceeding under subsection (c), the Board 

3 may recommend that the Attorney General initiate a civil 

4 action under section 6.’’. 

5 (b) CAUSE OF ACTION FOR MISREPRESENTATION.— 

6 Section 6 of the Act entitled ‘‘An Act to promote the devel7 opment of Indian arts and crafts and to create a board 

8 to assist therein, and for other purposes’’ (25 U.S.C. 

9 305e) is amended— 

10 (1) by striking subsection (d); 

11 (2) by redesignating subsections (a) through (c) 

12 as subsections (b) through (d), respectively; 

13 (3) by inserting before subsection (b) (as redes14 ignated by paragraph (2)) the following: 

15 ‘‘(a) DEFINITIONS.—In this section: 

16 ‘‘(1) INDIAN.—The term ‘Indian’ means an in17 dividual that— 

18 ‘‘(A) is a member of an Indian tribe; or 

19 ‘‘(B) is certified as an Indian artisan by an 

20 Indian tribe. 

21 ‘‘(2) INDIAN PRODUCT.—The term ‘Indian 

22 product’ has the meaning given the term in any reg23 ulation promulgated by the Secretary. 

24 ‘‘(3) INDIAN TRIBE.— 


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1 ‘‘(A) IN GENERAL.—The term ‘Indian 

2 tribe’ has the meaning given the term in section 

3 4 of the Indian Self-Determination and Edu4 cation Assistance Act (25 U.S.C. 450b). 

5 ‘‘(B) INCLUSION.—The term ‘Indian tribe’ 

6 includes, for purposes of this section only, an 

7 Indian group that has been formally recognized 

8 as an Indian tribe by— 

9 ‘‘(i) a State legislature; 

10 ‘‘(ii) a State commission; or 

11 ‘‘(iii) another similar organization 

12 vested with State legislative tribal recogni13 tion authority. 

14 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

15 the Secretary of the Interior.’’; 

16 (4) in subsection (b) (as redesignated by para17 graph (2)), by striking ‘‘subsection (c)’’ and insert18 ing ‘‘subsection (d)’’; 

19 (5) in subsection (c) (as redesignated by para20 graph (2))— 

21 (A) by striking ‘‘subsection (a)’’ and in22 serting ‘‘subsection (b)’’; and 

23 (B) by striking ‘‘suit’’ and inserting ‘‘the 

24 civil action’’; 


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1 (6) by striking subsection (d) (as redesignated 

2 by paragraph (2)) and inserting the following: 

3 ‘‘(d) PERSONS THAT MAY INITIATE CIVIL AC4 TIONS.— 

5 ‘‘(1) IN GENERAL.—A civil action under sub6 section (b) may be initiated by— 

7 ‘‘(A) the Attorney General, at the request 

8 of the Secretary acting on behalf of— 

9 ‘‘(i) an Indian tribe; 

10 ‘‘(ii) an Indian; or 

11 ‘‘(iii) an Indian arts and crafts orga12 nization; 

13 ‘‘(B) an Indian tribe, acting on behalf of— 

14 ‘‘(i) the Indian tribe; 

15 ‘‘(ii) a member of that Indian tribe; or 

16 ‘‘(iii) an Indian arts and crafts orga17 nization; 

18 ‘‘(C) an Indian; or 

19 ‘‘(D) an Indian arts and crafts organiza20 tion. 

21 ‘‘(2) DISPOSITION OF AMOUNTS RECOVERED.— 

22 ‘‘(A) IN GENERAL.—Except as provided in 

23 subparagraph (B), an amount recovered in a 

24 civil action under this section shall be paid to 

25 the Indian tribe, the Indian, or the Indian arts 


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1 and crafts organization on the behalf of which 

2 the civil action was initiated. 

3 ‘‘(B) EXCEPTIONS.— 

4 ‘‘(i) ATTORNEY GENERAL.—In the 

5 case of a civil action initiated under para6 graph (1)(A), the Attorney General may 

7 deduct from the amount— 

8 ‘‘(I) the amount of the cost of 

9 the civil action and reasonable attor10 ney’s fees awarded under subsection 

11 (c), to be deposited in the Treasury 

12 and credited to appropriations avail13 able to the Attorney General on the 

14 date on which the amount is recov15 ered; and 

16 ‘‘(II) the amount of the costs of 

17 investigation awarded under sub18 section (c), to reimburse the Board 

19 for the activities of the Board relating 

20 to the civil action. 

21 ‘‘(ii) INDIAN TRIBE.—In the case of a 

22 civil action initiated under paragraph 

23 (1)(B), the Indian tribe may deduct from 

24 the amount— 


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1 ‘‘(I) the amount of the cost of 

2 the civil action; and 

3 ‘‘(II) reasonable attorney’s fees.’’; 

4 and 

5 (7) in subsection (e), by striking ‘‘(e) In the 

6 event that’’ and inserting the following: 

7 ‘‘(e) SAVINGS PROVISION.—If’’. 

8 SEC. 3. MISREPRESENTATION OF INDIAN PRODUCED 

9 GOODS AND PRODUCTS. 

10 Section 1159 of title 18, United States Code, is 

11 amended— 

12 (1) by striking subsection (b) and inserting the 

13 following: 

14 ‘‘(b) PENALTY.—Any person that knowingly violates 

15 subsection (a) shall— 

16 ‘‘(1) in the case of a first violation by that per17 son— 

18 ‘‘(A) if the applicable goods are offered or 

19 displayed for sale at a total price of $1,000 or 

20 more, or if the applicable goods are sold for a 

21 total price of $1,000 or more— 

22 ‘‘(i) in the case of an individual, be 

23 fined not more than $250,000, imprisoned 

24 for not more than 5 years, or both; and 


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1 ‘‘(ii) in the case of a person other 

2 than an individual, be fined not more than 

3 $1,000,000; and 

4 ‘‘(B) if the applicable goods are offered or 

5 displayed for sale at a total price of less than 

6 $1,000, or if the applicable goods are sold for 

7 a total price of less than $1,000— 

8 ‘‘(i) in the case of an individual, be 

9 fined not more than $25,000, imprisoned 

10 for not more than 1 year, or both; and 

11 ‘‘(ii) in the case of a person other 

12 than an individual, be fined not more than 

13 $100,000; and 

14 ‘‘(2) in the case of a subsequent violation by 

15 that person, regardless of the amount for which any 

16 good is offered or displayed for sale or sold— 

17 ‘‘(A) in the case of an individual, be fined 

18 under this title, imprisoned for not more than 

19 15 years, or both; and 

20 ‘‘(B) in the case of a person other than an 

21 individual, be fined not more than 

22 $5,000,000.’’; and 

23 (2) in subsection (c), by striking paragraph (3) 

24 and inserting the following: 

25 ‘‘(3) the term ‘Indian tribe’— 


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1 ‘‘(A) has the meaning given the term in 

2 section 4 of the Indian Self-Determination and 

3 Education Assistance Act (25 U.S.C. 450b); 

4 and 

5 ‘‘(B) includes, for purposes of this section 

6 only, an Indian group that has been formally 

7 recognized as an Indian tribe by— 

8 ‘‘(i) a State legislature; 

9 ‘‘(ii) a State commission; or 

10 ‘‘(iii) another similar organization 

11 vested with State legislative tribal recogni12 tion authority; and’’. 

Passed the Senate September 23 (legislative day, 

September 17), 2008. 

Attest: NANCY ERICKSON, 

Secretary. 


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