Sec. 102. INDIAN ARTS AND CRAFTS
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## SEC. 102 INDIAN ARTS AND CRAFTS ###
(a)Criminal Proceedings; Civil Actions; Misrepresentations 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 purposes ” (25 U.S.C. 305d) is amended to read as follows: > > ## “SEC. 5 CRIMINAL PROCEEDINGS; CIVIL ACTIONS > > **[**[25 U.S.C. 305d](/us/usc/t25/s305d)**]** > > > ### “(a) Definition of Federal Law Enforcement Officer > > In this section, the term ‘Federal law enforcement 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 authority to conduct an investigation relating to an alleged violation of this Act occurring within the jurisdiction of the United States. > > > ### “(c) Criminal Proceedings > > > #### “(1) Investigation > > > ##### “(A) In general > > The Board may refer an alleged violation of section 1159 of title 18, United States Code, to any Federal law enforcement officer for appropriate investigation. > > > ##### “(B) Referral not required > > A Federal law enforcement officer may investigate an alleged violation of section 1159 of that title regardless of whether the Federal law enforcement officer receives a referral under subparagraph (A). > > > #### “(2) Findings > > The findings of an investigation 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 submitted, as appropriate, to— > > > ##### “(A) > > a Federal or State prosecuting authority; 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 > > > ##### “(B) > > provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate. > > > ### “(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 development 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 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.” > ; ####
(4)in subsection
(b)(as redesignated by paragraph (2)), by striking “subsection (c)” and inserting “subsection (d)”; ####
(5)in subsection
(c)(as redesignated by paragraph (2))— #####
(A)by striking “subsection (a)” and inserting “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 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 ####
(7)in subsection (e), by striking “
(e)In the event that ” and inserting the following: > > ### “(e) Savings Provision > > If” > .
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