Page:United States Statutes at Large Volume 104 Part 6.djvu/275

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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 composed 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 striking "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 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.) 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 USC 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-Determination and Education Assistance Act Amendments of 1988". (2) In section 4(j) of such Act (25 U.S.C. 450b(j)), delete "contract 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 USC 450 note.