Page:United States Statutes at Large Volume 104 Part 6.djvu/273

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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 organization, 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 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. "(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.".