Indian Arts and Crafts Act of 1990
PL 101-644 (H.R.2006), enacted 11/29/1990

104 STAT. 4662 
PUBLIC LAW 101-644—NOV. 29, 1990 
Public Law 101-644 
101st Congress 
An Act 
Nov. 29, 1990 
[H.R. 2006] 
To expand the powers of the Indian Arts and Crafts Board, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Indian Arts and 
TITLE I—INDIAN ARTS AND CRAFTS 
Crafts Act of 
1990. 
SEC. 101. SHORT TITLE. 
25 use 305 note. 
This title may be cited as the "Indian Arts and Crafts Act of 
1990". 
SEC. 102. POWERS OF INDIAN ARTS AND CRAFTS BOARD. 
Section 2 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 purposes" (25 U.S.C. 305a) is amended— 
(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"; 
(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 individ-
ual 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, associa-
tions, 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 
(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.". 
SEC. 103. REFERRAL FOR CRIMINAL AND CIVIL VIOLATIONS. 
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.) is amended by adding at the end of 
the following: 
25 use 305d. 
"SEC. 5. (a) The Board may receive complaints of violations of 
section 1159 of title 18, United States Code, and refer complaints of 
such violations to the Federal Bureau of Investigation for appro-
priate investigation. After reviewing the investigation report, the 
PUBLIC LAW 101-644—NOV. 29, 1990 
104 STAT. 4663 
Board may recommend to the Attorney General of the United States 
that criminal proceedings be instituted under that section. 
"(b) The Board may recommend that the Secretary of the Interior 
refer the matter to the Attorney General for civil action under 
section 6.". 
SEC. 104. CRIMINAL PENALTY FOR MISREPRESENTATION OF INDIAN PRO-
DUCED GOODS AND PRODUCTS. 
(a) IN GENERAL.—Section 1159 of title 18, United States Code, is 
amended to read as follows: 
"§ 1159. Misrepresentation of Indian produced goods and products 
"(a) It is unlawful to offer or display for sale or sell any 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 organiza-
tion, resident within the United States. 
"(b) Whoever knowingly violates subsection (a) shall— 
"(1) in the case of a first violation, if an individual, be fined 
not more than $250,000 or imprisoned not more than five years, 
or both, and, if a person other than an individual, be fined not 
more than $1,000,000; and 
"(2) in the case of subsequent violations, if an individual, be 
fined not more than $1,000,000 or imprisoned not more than 
fifteen years, or both, and, if a person other than an individual, 
be fined not more than $5,000,000. 
"(c) 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 promul-
gated by the Secretary of the Interior; 
"(3) the term 'Indian tribe' means— 
"(A) any Indian tribe, band, nation, Alaska Native vil-
lage, 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 com-
posed of members of Indian tribes. 
"(d) 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.". 
(b) CONFORMING AMENDMENT.—The item relating to section 1159 
in the table of sections for chapter 53 of title 18, United States Code, 
is amended to read as follows: 
"1159. Misrepresentation of Indian produced goods and products.". 
104 STAT. 4664 
PUBLIC LAW 101-644—NOV. 29, 1990 
SEC. 105. CAUSE OF ACTION FOR MISREPRESENTATION OF INDIAN PRO-
DUCED 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: 
25USC305e. 
"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, resi-
dent within the United States, to— 
"(1) obtain injunctive or other equitable relief; and 
"(2) recover the greater o
f
— 
"(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 promul-
gated by the Secretary of the Interior; 
"(3) the term 'Indian tribe' means— 
"(A) any Indian tribe, band, nation, Alaska Native vil-
lage, or other organized group or community which is 
PUBLIC LAW 101-644—NOV. 29, 1990 
104 STAT. 4665 
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 com-
posed 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.". 
SEC. 106. PENALTY FOR COUNTERFEITING INDIAN ARTS AND CRAFTS 
BOARD TRADEMARK. 
Section 1158 of title 18, United States Code, is amended by strik-
ing "be fined not more than $500 or imprisoned not more than six 
months, or both; and" and inserting "(1) in the case of a first 
violation, if an individual, be fined not more than $250,000 or 
imprisoned not more than five years, or both, and, if a person other 
than an individual, be fined not more than $1,000,000; and (2) in the 
case of subsequent violations, if an individual, be fined not more 
than $1,000,000 or imprisoned not more than fifteen years, or both, 
and, if a person other than an individual, be fined not more than 
$5,000,000; and (3)". 
SEC. 107. CERTIFICATION OF INDIAN ARTISANS. 
For the purposes of section 1159 of title 18, United States Code, 
and section 6 of the Act entitled "An Act to promote the develop-
ment of Indian arts and crafts and to create a board to assist 
therein, and for other purposes" (25 U.S.C. 305 et seq.) an Indian 
tribe may not impose a fee in certifying an individual as an Indian 
artisan. For the purposes of this section, the term "Indian tribe" has 
the same meaning given such term in section 1159(c)(3) of title 18, 
United States Code. 
25 u s e 305e 
note. 
TITLE II—TECHNICAL AND CLARIFYING AMENDMENTS 
SEC. 201. SHORT TITLE. 
This title may be cited as the "Indian Self-Determination and 
Education Assistance Act Amendments of 1990". 
SEC. 202. AMENDMENTS TO INDIAN SELF-DETERMINATION AND EDU-
CATION ASSISTANCE ACT. 
The Indian Self-Determination and Education Assistance Act is 
amended as follows: 
(1) In section 4(h) of such Act (25 U.S.C. 450b(h)), delete "in 
existence on the date of enactment of the Indian Self-Deter-
mination and Education Assistance Act Amendments of 1988". 
(2) In section 4(j) of such Act (25 U.S.C. 450b(j)), delete "con-
tract entered" each place it appears and insert in lieu thereof 
"contract (or grant or cooperative agreement utilized under 
section 9 of this Act) entered". 
(3) In section 5(d) of such Act (25 U.S.C. 450c(d)), delete the 
word "Any" and insert in lieu thereof "Except as provided in 
Indian Self-
Determination 
and Education 
Assistance Act 
Amendments of 
1990. 
25 u s e 450 note. 
104 STAT. 4666 
PUBLIC LAW 101-644—NOV. 29, 1990 
section 8 or 106(a)(3) of this Act," and before the period insert 
the words "through the respective Secretary". 
SEC. 203. AMENDMENTS TO THE INDIAN SELF-DETERMINATION ACT. 
(a) Section 106 of the Indian Self-Determination Act (25 U.S.C. 
450j-l(e)) is amended by deleting "1988" and inserting in Heu 
thereof "1992". 
03) In section 102(d) of such Act (25 U.S.C. 450f(d)), immediately 
after "investigations,", insert "or for purposes of section 2679, title 
28, United States Code, with respect to claims by any such person, 
on or after the date of the enactment of the Indian Self-Determina-
tion and Education Assistance Act Amendments of 1990, for per-
sonal injury, including death, resulting from the operation of an 
emergency motor vehicle,". 
(c) Section 105(c)(1)(B) of such Act (25 U.S.C. 450j(c)(l)(B)) is 
amended to read as follows: 
"(B) for a definite or an indefinite term, as requested by 
the tribe (or, to the extent not limited by tribal resolution, 
by the tribal organization), in the case of a mature 
COTltr3.Ct 
(d) Section 105(d) of such Act (25 U.S.C. 450j(d)) is amended to read 
as follows: 
"(d)(1) Beginning in fiscal year 1990, upon the election of a tribal 
organization, the Secretary shall use the calendar year as the basis 
for any contracts or agreements under this Act, unless the Secretary 
and the Indian tribe or tribal organization agree on a different 
period. 
Reports. 
"(2) The Secretary shall, on or before April 1 of each year begin-
ning in 1992, submit a report to the Congress on the amounts of any 
additional obligation authority needed to implement this subsection 
in the next following fiscal year.". 
(e) In paragraphs (2) and (3) of section 105(f) of such Act (25 U.S.C. 
450j(f) (2) and (3)), insert "or real" immediately after "personal" 
each place it appears in such paragraphs. 
if) In section 107(c) of such Act (25 U.S.C. 450k(c)), immediately 
after "authorized", insert the following: ", with the participation of 
Indian tribes and tribal organizations,". 
(g)(1) In section 301(a)(3) of the Indian Self-Determination Act (25 
U.S.C. 450h(a)(3)), delete "reservation boundaries" and insert in lieu 
thereof "Indian country (as defined in chapter 53 of title 18, United 
States Code)". 
25 use 450h 
(2) The amendment made by paragraph (1) shall not alter or 
"°*®- 
otherwise modify or affect existing prohibitions or limitations on the 
Secretary's authority to acquire lands in trust. 
TITLE III—AMENDMENTS TO OTHER ACTS 
SEC. 301. AMENDMENTS TO OTHER ACTS. 
(a) AMENDMENT TO INDIAN LAND CONSOLIDATION ACT.—Section 
207(a) of the Indian Land Consolidation Act (25 U.S.C. 2206) is 
amended by deleting "No undivided interest in any tract of trust or 
restricted land within a tribe's reservation or otherwise subject to a 
tribe's jurisdiction shall descend by intestacy or devise but shall 
escheat to that tribe" and inserting in lieu thereof the following: 
"No undivided interest held by a member or nonmember Indian in 
any tract of trust land or restricted land within a tribe's reservation 
or outside of a reservation and subject to such tribe's jurisdiction 
PUBLIC LAW 101-644—NOV. 29, 1990 
104 STAT. 4667 
shall descend by intestacy or devise but shall escheat to the reserva-
tion's recognized tribal government, or if outside of a reservation, to 
the recognized tribal government possessing jurisdiction over the 
land". 
(b) AMENDMENT TO ACT OF NOVEMBER 8, 1988.—In section 1 of the 
Act entitled "An Act to declare that certain lands be held in trust 
for the Quinault Indian Nation, and for other purposes", approved 
November 8, 1988 (102 Stat. 3327), insert "and attached narrative 
metes and bounds description" immediately after "map" each time 
it appears. 
(c) AMENDMENT TO THE ACT OF MARCH 29, 1956.—The second 
sentence of subsection (a) of the Act entitled "An Act to authorize 
the execution of mortgages and deeds of trust on individual Indian 
trust or restricted land", approved March 29, 1956 (25 U.S.C. 483a), 
is amended by inserting immediately before "State" the following: 
"tribe which has jurisdiction over such land or, in the case where no 
tribal foreclosure law exists, in accordance with the laws of the". 
SEC. 302. AMENDMENT TO THE ACT OF JUNE 24,1938. 
Section 1 of the Act of June 24, 1938 (25 U.S.C. 162a) is amended 
by designating the existing text thereof as subsection (a), and by 
adding at the end thereof the following new subsection: 
"(b)(1) Notwithstanding subsection (a), the Secretary of the In-
terior, at the request of any Indian tribe, in the case of trust funds of 
such tribe, or any individual Indian, in the case of trust funds of 
such individual, is authorized to invest such funds, or any part 
thereof, in guaranteed or public debt obligations of the United 
States or in a mutual fund, otherwise known as an open-ended 
diversified investment management company i
f
— 
"(A) the portfolio of such mutual fund consists entirely of 
public-debt obligations of the United States, or bonds, notes, or 
other obligations which are unconditionally guaranteed as to 
both interest and principal by the United States, or a combina-
tion thereof; 
"(B) the trust funds to be invested exceed $50,000; 
"(C) the mutual fund is registered by the Securities and 
Exchange Commission; and 
"(D) the Secretary is satisfied with respect to the security and 
protection provided by the mutual fund against loss of the 
principal of such trust funds. 
"(2) The Secretary, as a condition to complying with a request Government 
pursuant to paragraph (1) of this subsection, is authorized to require contracts, 
such tribe or individual Indian, as the case may be, to enter into an 
agreement with the Secretary for the purpose of relieving the 
United States of any liability in connection with the interest, or 
amount thereof, payable in connection with such trust funds so 
invested during the period of that investment. 
"(3) Investments pursuant to paragraph (1) of this subsection shall 
be deemed to be the same as cash or a bank deposit for purposes of 
section 5 of the Act of September 21,1959 (25 U.S.C. 955).". 
SEC. 303. AMENDMENT TO INDIAN FINANCING ACT OF 1974. 
(a) Section 101 of the Indian Financing Act of 1974 (25 U.S.C. 1461) 
is amended— 
(1) by deleting "money markets," and inserting in lieu thereof 
the following: "money markets, or to supplement funds from 
104 STAT. 4668 
PUBLIC LAW 101-644—NOV. 29, 1990 
Hawaiian 
natives. 
private lenders, including loans guaranteed by the Secretary 
pursuant to section 201 of this Act,"; and 
(2) by inserting immediately before the period at the end of 
the third sentence a comma and the following: "or, in the 
discretion of the Secretary of the Interior, as a contribution to 
the Indian Loan Guaranty and Insurance Fund authorized by 
section 217 of this Act, or for the payment of interest subsidies 
authorized by section 301 of this Act", 
(b) Section 204 of the Indian Financing Act of 1974 (25 U.S.C. 1484) 
is amended— 
(1) by deleting in the first sentence the word "prior"; and 
(2) by deleting in the second sentence "shall review" and 
inserting in lieu thereof "may review". 
TITLE IV—PUBLIC HEALTH SERVICE ACT 
SEC. 401. AMENDMENT TO PUBLIC HEALTH SERVICE ACT. 
Section 338J(a) of subpart III of part D of title III of the Public 
Health Service Act (42 U.S.C. 254s) is amended to read as follows: 
"(a) Subject to the availability of funds appropriated under the 
authority of subsection (d), the Secretary shall provide funds to 
Kamehameha Schools/Bishop Estate for the purpose of providing 
scholarship assistance to students who— 
"(1) meet the requirements of section 338A(b), and 
"(2) are Native Hawaiians.". 
Hawaiian 
TITLE V—BOARD OF INSTITUTE OF AMERICAN INDIAN 
natives. 
AND ALASKA NATIVE CULTURE AND ARTS DEVELOPMENT 
SEC. SOL GENERAL POWERS OF BOARD OF INSTITUTE OF AMERICAN 
INDIAN AND ALASKA NATIVE CULTURE AND ARTS DEVELOP-
MENT. 
(a) INTEREST AND INVESTMENT INCOME.—Section 1507 of the Amer-
ican Indian, Alaska Native, and Native Hawaiian Culture and Art 
Development Act (20 U.S.C. 4414) is amended by adding at the end 
the following new subsection: 
"(c) 
INTEREST AND INVESTMENTS.—Interest and 
earnings 
on 
amounts received by the Institute pursuant to section 1531 invested 
under subsection (a)(12) shall be the property of the Institute and 
may be expended to carry out this title. The Board shall be held to a 
reasonable and prudent standard of care, given such information 
and circumstances as existed when the decision is made, in decisions 
involving investment of funds under subsection (a)(12).". 
(b) INSURANCE.—Section 1507(a)(ll) of such Act (20 U.S.C. 
4414(a)(ll)) is amended to read as follows: 
"(11) to the extent not already provided by law, to obtain 
insurance to cover all activities of the Institute, including cov-
erage relating to property and liability, or make other provi-
sions against losses.". 
SEC. 502. ESTABLISHMENTS WITHIN THE INSTITUTE. 
Section 1510(b) of the American Indian, Alaska Native, and 
Native Hawaiian Culture and Art Development Act (20 U.S.C. 
4417(b)) is amended— 
PUBLIC LAW 101-644—NOV. 29, 1990 
104 STAT. 4669 
(1) in paragraph (2), by striking subparagraph (A) and re-
designating subparagraphs (B) through (I) as subparagraphs (A) 
through (H), respectively; 
(2) by striking "and" at the end of paragraph (1); 
(3) by striking the period at the end of paragraph (2) and 
inserting "; and'; and 
(4) by inserting after parsigraph (2) the following: 
"(3) a Museum of American Indian and Alaska Native Arts, 
which shall be under the direction of the President of the 
Institute.". 
SEC. 503. TRANSFER OF FUNCTIONS. 
Section 1514 of the American Indian, Alaska Native, eind Native 
Hawaiian Culture and Art Development Act (20 U.S.C. 4421) is 
amended— 
(1) by striking subsections (d), (e), and (f); and 
(2) by adding at the end the following new subsection (d): 
"(d) FORGIVENESS OF AMOUNTS OWED; HOLD HARMLESS.—(1) Sub-
ject to paragraph (2)— 
"(A) the Institute shall be responsible for all obligations of the 
Institute incurred after June 2,1988, and 
"(B) the Secretary shall be responsible for all obligations of 
the Institute incurred on or before June 2, 1988, including those 
which accrued by reason of any statutory, contractual, or other 
reason prior to June 2, 1988, which became payable within two 
years of June 2,1988. 
"(2) With respect to all programs of the Federal Government, in Reports, 
whatever form or from whatever source derived, the Institute shall 
only be held responsible for actions and requirements, either 
administrative, regulatory, or statutory in nature, for events which 
occurred after July 1, 1988, including the submission of reports, 
audits, and other required information. The United States may not 
seek any monetary damage or repayment for the commission of 
events, or omission to comply with either administrative or regu-
latory requirements, for any action which occurred prior to June 2, 
1988.". 
SEC. 504. COMPLIANCE WITH OTHER ACTS. 
Section 1517 of the American Indian, Alaska Native, and Native 
Hawaiian Culture and Art Development Act (20 U.S.C. 4424) is 
amended by adding at the end the following: 
"(c) OTHER FEDERAL ASSISTANCE.—Funds received by the institute 
pursuant to this Act shall not be regarded as Federal money for 
purposes of meeting any matching requirements for any Federal 
grant, contract or cooperative agreement.". 
SEC. 505. ENDOWMENT PROGRAMS. 
Section 1518 of the American Indian, Alaska Native, and Native 
Hawaiian Culture and Art Development Act (20 U.S.C. 4425) is 
amended to read as follows: 
"SEC. 1518. ENDOWMENT PROGRAMS. 
"(a) PROGRAM ENHANCEMENT ENDOWMENT.— 
"(1)(A) From the total amount appropriated for this subsec-
tion pursuant to section 1531(a), funds may be deposited into a 
trust fund maintained by the Institute at a federally insured 
banking or savings institution. 
104 STAT. 4670 
PUBLIC LAW 101-644—NOV. 29, 1990 
"(B) The President of the Institute shall provide— 
"(i) for the deposit into the trust fund referred to in 
subparagraph (A)— 
"(I) of a capital contribution by the Institute in an 
amount equal to the amount of each Federal contribu-
tion; and 
"(II) any earnings on the funds deposited under this 
paragraph; or 
' ; 
"(ii) for the reservation for the sole use of the Institute of 
any noncash, in-kind contributions of real or personal prop-
erty, which property may at any time be converted to cash, 
which shall be deposited as a capital contribution into the 
trust fund referred to in subparagraph (A). 
"(C) If at any time the Institute withdraws any capital con-
tribution (as described in subparagraph (B)(i)) made by the 
Institute to the trust fund referred to in subparagraph (A) or 
puts any property (as described in subparagraph (B)(ii)) to a use 
which is not for the sole benefit of the Institute, an amount 
equal to the value of the Federal contribution shall be with-
drawn from such trust fund and returned to the Treasury as 
miscellaneous receipts. 
"(2) Interest deposited into the trust fund pursuant to para-
graph (l)(B)(ii) may be periodically withdrawn and used, at the 
direction of the Board or its designee, to defray any expense 
associated with the operation of the Institute, including the 
expense of operations and maintenance, administration, aca-
demic and support personnel, community and student services 
programs, and technical assistance. 
"(3) For the purpose of complying with the contribution 
requirement of paragraph (1)(B), the Institute may use funds or 
in-kind contributions of real or personal property fairly valued 
which are made available from any private or tribal source, 
including interest earned by the funds invested under this 
subsection. In-kind contributions shall be other than fully 
depreciable property or property which is designated for addi-
tion to the permanent collection of the Museum and shall be 
valued according to the procedures established for such purpose 
by the Secretary of the Treasury. For purposes of this para-
graph, all contributions, including in-kind and real estate, 
which are on-hand as of the date of enactment of this Act and 
which have been received after June 2, 1988, but which have not 
been included in computations under this provision shall be 
eligible for matching with Federal funds appropriated in any 
fiscal year. 
"(4) Amounts appropriated under section 1531(a) for use 
under this subsection shall be paid by the Secretary of the 
Treasury to the Institute as a Federal capital contribution equal 
to the amount of funds or the value of the in-kind contributions 
which the Institute demonstrates have been placed within the 
control of, or irrevocably committed to the use of, the Institute 
as a capital contribution of the Institute in accordance with this 
subsection. 
"(b) CAPITAL IMPROVEMENT ENDOWMENT.— 
"(1) In addition to the trust fund established under subsection 
(a), funds may be deposited into a trust fund maintained by the 
Institute at a federally insured banking or savings institution 
from the amount reserved for this subsection pursuant to sec-
PUBLIC LAW 101-644—NOV. 29, 1990 
104 STAT. 4671 
tion 1531(a) for the purpose of establishing a separate special 
endowment for capital improvement (hereafter in this subsec-
tion referred to as the 'capital endowment fund') to pay ex-
penses associated with site selection and preparation, site plan-
ning and architectural design and planning, new construction, 
materials and equipment procurement, renovation, alteration, 
repair, and other building and expansion costs of the Institute. 
"(2) The President of the Institute shall provide for the de-
posit into the capital endowment fund of a capital contribution 
by the Institute in an amount equal to the amount of each 
Federal contribution and any earnings on amounts in the cap-
ital endowment fund. 
"(3) Funds deposited by the Institute as a match for Federal 
contributions under paragraph (5) shall remain in the capital 
endowment fund for a period of not less than two years. If at 
any time the Institute withdraws any capital contribution to the 
capital endowment fund before the funds have been deposited 
for this two-year period, an equal amount of the Federal con-
tribution shall be withdrawn from the capital endowment fund 
and returned to the Treasury as miscellaneous receipts. At the 
end of the two-year period, the entire principal and interest of 
the funds deposited for this period, including the Federal match-
ing portion, shall accrue, without reservation, to the Institute 
and may be withdrawn, in whole or in part, to defray expenses 
associated with capital acquisition and improvement of the 
Institute referred to in paragraph (1). 
"(4) For the purpose of complying with the contribution 
requirement of paragraph (2), the Institute may use funds which 
are available from any private or tribal source. 
"(5) Subject to paragraph (3), amounts appropriated under 
section 1531(a) for use under this subsection shall be paid by the 
Secretary of the Treasury to the Institute as a Federal capital 
contribution equal to the amount which the Institute dem-
onstrates has been placed within the control of, or irrevocably 
committed to the use of, the Institute and is available for 
deposit as a capital contribution of the Institute in accordance 
with this subsection. 
"(c) GENERAL ADMINISTRATIVE PROVISIONS.—(1) Funds in the trust 
funds described in subsections (a) and (b) shall be invested at a rate 
not less than that generally available for similar funds deposited at 
the same banking institution for the same period or periods of time. 
"(2) No part of the net earnings of the trust funds established 
under this section shall inure to the benefit of any private person. 
"(3) The President of the Institute shall provide for such other 
provisions governing the trust funds established under this section 
as may be necessary to protect the financial interest of the United 
States and to promote the purpose of this title as agreed to by the 
Secretary of the Treasury and the Board or its designee, including 
recordkeeping procedures for the investment of funds received 
under the trust fund established under subsection (b) and such other 
recordkeeping procedures for the expenditure of accumulated in-
terest for the trust fund under subsection (a) as will allow the 
Secretary of the Treasury to audit and monitor activities under this 
section.". 
Investments. 
Records. 
104 STAT. 4672 
PUBLIC LAW 101-644—NOV. 29, 1990 
Mexico. 
South Dakota. 
SEC. 506. AUTHORIZATION OF APPROPRIATIONS. 
Section 1531(a) of the American Indian, Alaska Native, and 
Native Hawaiian Culture and Art Development Act (20 U.S.C. 
4451(a)) is amended by adding at the end the following new para-
graphs: 
"(4) Funds appropriated under this subsection for the fiscal 
year 1992 and for each succeeding fiscal year shall be trans-
ferred by the Secretary of the Treasury through the most 
expeditious method available with the Institute being des-
ignated as its own certifying agency. 
"(5) Funds are authorized to be appropriated for programs for 
more than one fiscal year. For the purpose of affording adequate 
notice of funding available under this Act, amounts appro-
priated in an appropriations Act for any fiscal year to carry out 
this Act may, subject to the appropriation, become available for 
obligations on July 1 of that fiscal year.". 
TITLE VI—MISCELLANEOUS PROVISIONS 
SEC. 601. COCHITI DAM LICENSE. 
Notwithstanding the provisions of any other Federal law, no 
license shall be issued by the Federal Energy Regulatory Commis-
sion for the development of hydroelectric power at the Army Corps 
of Engineers' Cochiti Dam located on the Pueblo de Cochiti Indian 
Reservation in the State of New Mexico. 
SEC. 602. DAKOTA WESLEY 
AN UNIVERSITY. 
Notwithstanding the provisions of section 487(c)(2XB) of the 
Higher Education Act of 1965, the Secretary of Education shall 
reassess the amount owed by the Dakota Wesleyan University, 
located in Mitchell, South Dakota, in the amount of $159,260, plus 
any accrued interest thereon to $16,113. 
Approved November 29, 1990. 
LEGISLATIVE HISTORY—H.R 2006: 
HOUSE REPORTS: No. 101-400, Pt. 1 (Comm. on Interior and Insular Affairs) and 
Pt. 2 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Sept. 27, considered and passed House. 
Oct. 25, considered and passed Senate, amended. 
Oct. 27, House concurred in Senate amendment with amendments. Senate 
concurred in House amendments.