Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Indian Arts and Crafts 
Amendments Act of 2009’’. 
SEC. 2. INDIAN ARTS AND CRAFTS. 
(a) CRIMINAL PROCEEDINGS; CIVIL ACTIONS; MIS-
REPRESENTATIONS.—Section 5 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 pur-
poses’’ (25 U.S.C. 305d) is amended to read as follows: 
‘‘SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS. 
‘‘(a) DEFINITION OF FEDERAL LAW ENFORCEMENT 
OFFICER.—In this section, the term ‘Federal law enforce-
ment officer’ includes a Federal law enforcement officer 
(as defined in section 115(c) of title 18, United States 
Code). 
‘‘(b) AUTHORITY TO CONDUCT INVESTIGATIONS.— 
Any Federal law enforcement officer shall have the author-
ity to conduct an investigation relating to an alleged viola-
tion of this Act occurring within the jurisdiction of the 
United States. 
‘‘(c) CRIMINAL PROCEEDINGS.— 
‘‘(1) INVESTIGATION.— 
VerDate Nov 24 2008 
20:51 Jan 15, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H725.RH
H725
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(A) IN GENERAL.—The Board may refer 
an alleged violation of section 1159 of title 18, 
United States Code, to any Federal law enforce-
ment officer for appropriate investigation. 
‘‘(B) REFERRAL NOT REQUIRED.—A Fed-
eral law enforcement officer may investigate an 
alleged violation of section 1159 of that title re-
gardless of whether the Federal law enforce-
ment officer receives a referral under subpara-
graph (A). 
‘‘(2) FINDINGS.—The findings of an investiga-
tion of an alleged violation of section 1159 of title 
18, United States Code, by any Federal department 
or agency under paragraph (1)(A) shall be sub-
mitted, as appropriate, to— 
‘‘(A) a Federal or State prosecuting au-
thority; or 
‘‘(B) the Board. 
‘‘(3) RECOMMENDATIONS.—On receiving the 
findings of an investigation under paragraph (2), the 
Board may— 
‘‘(A) recommend to the Attorney General 
that criminal proceedings be initiated under 
section 1159 of title 18, United States Code; 
and 
VerDate Nov 24 2008 
20:51 Jan 15, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H725.RH
H725
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(B) provide such support to the Attorney 
General relating to the criminal proceedings as 
the Attorney General determines to be appro-
priate. 
‘‘(d) CIVIL ACTIONS.—In lieu of, or in addition to, 
any criminal proceeding under subsection (c), the Board 
may recommend that the Attorney General initiate a civil 
action under section 6.’’. 
(b) CAUSE OF ACTION FOR MISREPRESENTATION.— 
Section 6 of the Act entitled ‘‘An Act to promote the devel-
opment of Indian arts and crafts and to create a board 
to assist therein, and for other purposes’’ (25 U.S.C. 
305e) is amended— 
(1) by striking subsection (d); 
(2) by redesignating subsections (a) through (c) 
as subsections (b) through (d), respectively; 
(3) by inserting before subsection (b) (as redes-
ignated by paragraph (2)) the following: 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) INDIAN.—The term ‘Indian’ means an in-
dividual that— 
‘‘(A) is a member of an Indian tribe; or 
‘‘(B) is certified as an Indian artisan by an 
Indian tribe. 
VerDate Nov 24 2008 
20:51 Jan 15, 2010
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H725.RH
H725
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(2) INDIAN
PRODUCT.—The term ‘Indian 
product’ has the meaning given the term in any reg-
ulation 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 Edu-
cation 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 recogni-
tion authority. 
‘‘(4) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the Interior.’’; 
(4) in subsection (b) (as redesignated by para-
graph (2)), by striking ‘‘subsection (c)’’ and insert-
ing ‘‘subsection (d)’’; 
(5) in subsection (c) (as redesignated by para-
graph (2))— 
VerDate Nov 24 2008 
20:51 Jan 15, 2010
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H725.RH
H725
hsrobinson on DSK69SOYB1PROD with BILLS
(A) by striking ‘‘subsection (a)’’ and in-
serting ‘‘subsection (b)’’; and 
(B) by striking ‘‘suit’’ and inserting ‘‘the 
civil action’’; 
(6) by striking subsection (d) (as redesignated 
by paragraph (2)) and inserting the following: 
‘‘(d) PERSONS THAT MAY INITIATE CIVIL AC-
TIONS.— 
‘‘(1) IN GENERAL.—A civil action under sub-
section (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 orga-
nization; 
‘‘(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 orga-
nization; 
‘‘(C) an Indian; or 
‘‘(D) an Indian arts and crafts organiza-
tion. 
‘‘(2) DISPOSITION OF AMOUNTS RECOVERED.— 
VerDate Nov 24 2008 
20:51 Jan 15, 2010
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H725.RH
H725
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(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 para-
graph (1)(A), the Attorney General may 
deduct from the amount— 
‘‘(I) the amount of the cost of 
the civil action and reasonable attor-
ney’s fees awarded under subsection 
(c), to be deposited in the Treasury 
and credited to appropriations avail-
able to the Attorney General on the 
date on which the amount is recov-
ered; and 
‘‘(II) the amount of the costs of 
investigation 
awarded 
under 
sub-
section (c), to reimburse the Board 
for the activities of the Board relating 
to the civil action. 
VerDate Nov 24 2008 
20:51 Jan 15, 2010
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H725.RH
H725
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(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 
(7) in subsection (e), by striking ‘‘(e) In the 
event that’’ and inserting the following: 
‘‘(e) SAVINGS PROVISION.—If’’. 
SEC. 
3. 
MISREPRESENTATION 
OF 
INDIAN 
PRODUCED 
GOODS AND PRODUCTS. 
Section 1159 of title 18, United States Code, is 
amended— 
(1) by striking subsection (b) and inserting the 
following: 
‘‘(b) PENALTY.—Any person that knowingly violates 
subsection (a) shall— 
‘‘(1) in the case of a first violation by that per-
son— 
‘‘(A) if the applicable goods are offered or 
displayed for sale at a total price of $1,000 or 
more, or if the applicable goods are sold for a 
total price of $1,000 or more— 
VerDate Nov 24 2008 
20:51 Jan 15, 2010
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H725.RH
H725
hsrobinson on DSK69SOYB1PROD with BILLS
‘‘(i) in the case of an individual, be 
fined not more than $250,000, imprisoned 
for not more than 5 years, or both; and 
‘‘(ii) in the case of a person other 
than an individual, be fined not more than 
$1,000,000; and 
‘‘(B) if the applicable goods are offered or 
displayed for sale at a total price of less than 
$1,000, or if the applicable goods are sold for 
a total price of less than $1,000— 
‘‘(i) in the case of an individual, be 
fined not more than $25,000, imprisoned 
for not more than 1 year, or both; and 
‘‘(ii) in the case of a person other 
than an individual, be fined not more than 
$100,000; and 
‘‘(2) in the case of a subsequent violation by 
that person, regardless of the amount for which any 
good is offered or displayed for sale or sold— 
‘‘(A) in the case of an individual, be fined 
under this title, imprisoned for not more than 
15 years, or both; and 
‘‘(B) in the case of a person other than an 
individual, 
be 
fined 
not 
more 
than 
$5,000,000.’’; and 
VerDate Nov 24 2008 
20:51 Jan 15, 2010
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H725.RH
H725
hsrobinson on DSK69SOYB1PROD with BILLS
(2) in subsection (c), by striking paragraph (3) 
and inserting the following: 
‘‘(3) the term ‘Indian tribe’— 
‘‘(A) has the meaning given the term in 
section 4 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b); 
and 
‘‘(B) 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 recogni-
tion authority; and’’. 
VerDate Nov 24 2008 
20:51 Jan 15, 2010
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H725.RH
H725
hsrobinson on DSK69SOYB1PROD with BILLS
Union Calendar No. 234 
111TH CONGRESS 
2D SESSION 
H. R. 725 
[Report No. 111–397, Part I] 
A BILL 
To protect Indian arts and crafts through the im-
provement of applicable criminal proceedings, 
and for other purposes. 
JANUARY 15, 2010 
Reported from the Committee on Natural Resources 
JANUARY 15, 2010 
Committee on the Judiciary discharged; committed to the 
Committee of the Whole on the State of the Union and 
ordered to be printed 
VerDate Nov 24 2008 
20:51 Jan 15, 2010
Jkt 089200
PO 00000
Frm 00012
Fmt 6651
Sfmt 6651
E:\BILLS\H725.RH
H725
hsrobinson on DSK69SOYB1PROD with BILLS