1.This Act may be cited as the
Indian Arts and Crafts Amendments Act
of 2005
.
2.
(a)Criminal
proceedings; civil actions; misrepresentationsSection 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:
5.Criminal proceedings;
civil actions
(a)Definition of
Federal law enforcement officerIn this section, the term Federal law
enforcement officer includes—
(1)a Federal law enforcement officer (as
defined in section 115(c) of title 18, United States Code); and
(2)with respect to a violation of this Act
that occurs outside Indian country (as defined in section 1151 of title 18,
United States Code), an officer that has authority under section 3 of the
Indian Law Enforcement Reform Act (25 U.S.C. 2802), acting in coordination with
a Federal law enforcement agency that has jurisdiction over the
violation.
(b)
(1)On receiving a complaint of a violation of
section 1159 of title 18, United States Code, the Board may refer the complaint
to any Federal law enforcement officer for appropriate investigation.
(2)The findings of an investigation under
paragraph (1) shall be submitted to—
(A)the Attorney General; and
(B)the Board.
(3)On receiving the findings of an
investigation in accordance with paragraph (2), the Board may—
(A)recommend to the Attorney General that
criminal proceedings be initiated under section 1159 of that title; and
(B)provide such support to the Attorney
General relating to the criminal proceedings as the Attorney General determines
appropriate.
(c)In lieu of, or in
addition to, any criminal proceeding under subsection (a), the Board may
recommend that the Attorney General initiate a civil action pursuant to section
6.
.
(b)Cause of action
for misrepresentationSection
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)In this section:
(1)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)The term Indian
product has the meaning given the term in any regulation promulgated by
the Secretary.
(3)
(A)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)The term Indian tribe includes
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)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)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 tribe;
(ii)a member of that 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)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)
(i)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)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)If
.
(c)Section 1159(c) of
title 18, United States Code, is amended 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 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;
and
.
July 12, 2005
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