[Federal Register Volume 66, Number 98 (Monday, May 21, 2001)]
[Proposed Rules]
[Pages 27915-27920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12666]


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DEPARTMENT OF THE INTERIOR

Indian Arts and Crafts Board

25 CFR Part 309

RIN 1076-AE16


Protection of Products of Indian Art and Craftsmanship

AGENCY: Indian Arts and Crafts Board (IACB), DOI.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This proposal establishes regulations to provide guidance to 
persons who produce, market, or purchase arts and crafts marketed as 
Indian products, as defined under the Indian Arts and Crafts Act of 
1990. The proposed regulations further clarify the definition of 
``Indian product'' by including specific examples of ``Indian 
product,'' as well as examples of what is not an ``Indian product,'' in 
the regulations implementing the Indian Arts and Crafts Enforcement Act 
of 2000, an amendment to the Indian Arts and Crafts Act of 1990.

DATES: Written comments must be received on or before August 20, 2001.

ADDRESSES: If you wish to comment on the proposed rule for the Indian 
Arts and Crafts Enforcement Act of 2000, you may submit your comments 
by any one of several methods. You may mail comments to: Director, 
Indian Arts and Crafts Board, Room 4004-MIB, 1849 C Street, NW., 
Washington, DC 20240. You may also fax comments to 202-208-5196 or 
comment via the Internet to [email protected]. Please also include 
``Attn: RIN 1076-AE16 and your name and return address in your mailed, 
faxed, or Internet message. Please submit Internet comments as an ASCII 
file avoiding the use of special characters and any form of encryption. 
If you do not receive a confirmation from the system that we received 
your Internet message, contact us directly at 202-208-3773.

FOR FURTHER INFORMATION CONTACT: Meridith Z. Stanton, Director, Indian 
Arts and Crafts Board, Room 4004-MIB, 1849 C Street, NW., Washington, 
DC 20240, telephone 202-208-3773 (not a toll-free call), fax 202-208-
5196, or e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Indian Arts and Crafts Board (IACB) was created by Congress 
pursuant to the Act of August 27, 1935 (49 Stat. 891; 25 U.S.C. 305 et 
seq.; 18 U.S.C. Secs. 1158-59). The IACB is responsible for 
implementing the Indian Arts and Crafts Act of 1990, promoting the 
development of American Indian and Alaska Native arts and crafts, 
improving the economic status of members of federally recognized 
Tribes, and helping to establish and expand marketing opportunities for 
arts and crafts produced by American Indians and Alaska Natives.
    The Indian Arts and Crafts Act of 1990, Public Law 101-644 
(hereinafter the ``1990 Act''), is essentially a truth-in-marketing law 
designed to prevent marketing of products misrepresented as produced by 
Indians when the products are not, in fact, made by an Indian as 
defined by the 1990 Act. Under Section 104(a) of the 1990 Act (18 
U.S.C. 1159(c)(2)), ``the terms `Indian product' and `product of a 
particular Indian Tribe or Indian arts and crafts organization' have 
the meaning given such term in regulations which may be promulgated by 
the Secretary of the Interior.''
    Under the 1990 Act's current implementing regulations, at 25 CFR 
Part 309, prior to these amendments, the term ``Indian product'' is 
defined as:
    ``(1) In general. ``Indian product'' means any art or craft product 
made by an Indian.
    ``(2) Illustrations. The term Indian product includes, but is not 
limited to:
    (i) Art works that are in a traditional or non-traditional Indian 
style or medium;
    (ii) Crafts that are in a traditional or non-traditional Indian 
style or medium;
    (iii) Handcrafts, i.e. objects created with the help of only such 
devices as allow the manual skill of the maker to condition the shape 
and design of each individual product.
    ``(3) Exclusion for products made before 1935. The provisions of 
this part shall not apply to any art or craft products made before 
1935.''
    The above definition reflects the IACB's determination that 
``Indian product'' under the 1990 Act applies to Indian arts and 
crafts, and not all products generally. This determination is 
consistent with the IACB organic legislation, the IACB's primary 
mission as established by Congress, and the Congressional intent of the 
1990 Act. The 1935 cut-off date for products

[[Page 27916]]

regulated by the Act is in keeping with the Congressional intent of the 
1990 Act and the legislated mission of the IACB--economic growth 
through the development and promotion of contemporary Indian arts and 
crafts.
    The ``Indian product'' definition under the current regulations, at 
25 CFR Part 309, focused on the nature and Indian origin of products 
covered by the 1990 Act, and did not provide specific arts and crafts 
examples. This proposed rule implements the Indian Arts and Crafts 
Enforcement Act of 2000, Public Law 106-497, (hereinafter the ``2000 
Act'') by clarifying the definition of ``Indian product.'' It also 
provides specific examples of items that may be marketed as Indian 
products, thereby informing the public as to when an individual may be 
subject to civil or criminal penalties for falsely marketing a good as 
an ``Indian product.''

Section Analysis

Section 2 of the 2000 Act
    The 2000 Act, an amendment to the Indian Arts and Crafts Act of 
1990, Public Law 101-644, was enacted on November 9, 2000. Under this 
amendment, Congress sought to improve the cause of action for 
misrepresentation of Indian arts and crafts. Section 2 of the 2000 Act, 
directs the IACB to:

    Not later than 180 days after the date of the enactment of the 
Indian Arts and Crafts Enforcement Act of 2000, the IACB shall 
promulgate regulations to include in the definition of the term 
``Indian product'' specific examples of such product to provide 
guidance to Indian artisans as well as to purveyors and consumers of 
Indian arts and crafts, as defined under this Act.

Tribal Consultation

    Prior to drafting regulations for the 2000 Act, in early January 
2001 the IACB sent out individual letters to all Tribal leaders of 
federally recognized Tribes informing them of the 2000 Act and 
providing them with copies of the legislation. The letters also invited 
them to designate a member of their staff or Tribal member from their 
arts and crafts community with whom the IACB could discuss their 
Tribe's interest in specific language for consideration in the further 
clarification of ``Indian product.'' This Tribal involvement was 
intended to ensure that the amended definition properly encompasses 
Indian art and craft products that should be protected by the 1990 Act. 
Throughout March, the IACB sent follow-up letters to the designees 
confirming their participation and providing them with additional 
background information for the teleconference. The following Tribes 
participated in teleconferences with IACB.
March 14, 2001
    Representatives from the Rincon Indian Reservation, Valley Center, 
CA; Cow Creek Band of Umpqua Tribe of Indians, Roseburg, OR; and 
Pyramid Lake Pauite Tribe, Nixon, NV.
    Representatives from The Cocopah Indian Tribe, Somerton, AZ; Kaibab 
Band of Paiute, Pine Spring, AZ; Tohono O'odham Nation of Arizona, 
Sells, AZ; and Pueblo of Acoma, Acoma, NM.
March 15, 2001
    Representatives from the Poarch Band of Creek Indians, Atmore, AL; 
Mashantucket Pequot Tribal Nation, Mashantucket, CT; Nome Eskimo 
Community, Nome, AK, and Catawba Indian Nation, Rock Hill, SC.
March 16, 2001
    Representatives from the Three Affiliated Tribes, Fort Berthold, 
ND; White Earth Nation, White Earth, MN; Lac du Flambeau Band of Lake 
Superior Chippewa Indians, Lac du Flambeau, WI; and Cayuga Nation, 
Versailles, NY.
March 21, 2001
    Representative from the Pueblo of Zuni, Zuni, NM.
March 22, 2001
    Representatives from the Miami Tribe of Oklahoma, Miami, OK; 
Cherokee Nation, Tahlequah, OK; Seminole Nation of Oklahoma, Wewoka, 
OK; The Chickasaw Nation, Ada, OK; and Southern Ute Indian Tribe, 
Ignacio, CO.
March 23, 2001
    Representatives from the Jicarilla Apache Nation, Dulce, NM, and 
Oneida Indian Nation, Vernon, NY.
March 27, 2001
    Representative from the Passamaquoddy Tribe of Maine, Princeton, 
ME.
    Representatives from the Fallon Paiute-Shoshone Tribe, Fallon, NV.
    Representatives from the Confederated Tribes and Bands of the 
Yakama Nation, Toppenish, WA.
March 29, 2001
    Representative from the Sheep Ranch Rancheria of the Me-wuk Indians 
of California, Tracy, CA.
March 30, 2001
    Representatives from the Confederated Tribes of the Umatilla Indian 
Reservation, Pendleton, OR.
April 16, 2001
    Representative from the Fort Mojave Indian Tribe of Arizona, 
California, and Nevada, Needles, CA.
April 17, 2001
    Representatives from the Hopi Tribe of Arizona, Kykotsmovi, AZ.

Public Comment Solicitation

    If you wish to comment on the proposed rule for the 2000 Act, you 
may submit your comments by any one of several methods. You may mail 
comments to: Director, Indian Arts and Crafts Board, Room 4004-MIB, 
1849 C Street, NW., Washington, DC 20240. You may also fax comments to 
202-208-5196 or comment via the Internet to [email protected]. Please 
also include ``Attn: RIN 1076-AE16,'' your name and return address in 
your mailed, faxed, or Internet message. Please submit Internet 
comments as an ASCII file avoiding the use of special characters and 
any form of encryption. If you do not receive a confirmation from the 
system that we received your Internet message, contact us directly at 
202-208-3773.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home address from the rulemaking record, which we will honor to 
the extent allowable by law. There also may be circumstances in which 
we would withhold from the rulemaking record a respondent's identity, 
as allowable by law. If you wish us to withhold your name and/or 
address, you must state this prominently at the beginning of your 
comment. However, we will not consider anonymous comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety.
    All communications received on or before the closing date for 
comments will be considered by the IACB before taking action on the 
proposed rule. The proposals contained in this document may be changed 
in light of comments received. All comments submitted will be available 
for examination in the rule docket after the closing date for comments 
at Room 4004-MIB, 1849 C Street, NW., Washington, DC, on weekdays, 
except federal holidays, between 8:30 a.m. and 5 p.m.

[[Page 27917]]

Drafting Information

    This proposed rule was prepared by Meridith Z. Stanton (Director, 
Indian Arts and Crafts Board).

Compliance With Other Laws

1. Regulatory Planning and Review (Executive Order 12866)
    This document is not a significant rule and is not subject to 
review by the Office of Management and Budget under Executive Order 
12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health, or safety, or State, local, or tribal governments or 
communities. The rule is simply a Congressionally mandated further 
clarification of an existing regulatory definition of ``Indian 
product.''
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency. The rule, 
the further clarification of an existing regulatory definition of 
``Indian product,'' does not involve another agency.
    (3) This rule does not alter the budgetary effects or entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. This rule does not involve any budgetary or 
entitlements issues.
    (4) This rule does not raise novel legal or policy issues. Again, 
it is simply the further clarification of an existing definition of 
``Indian product.''
2. Regulatory Flexibility Act
    The Department of the Interior certifies that this document will 
not have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) An 
unknown number of individuals, small businesses, and tribal governments 
may be affected in some way, but they do not exceed several thousand in 
aggregate.
3. Small Business Regulatory Enforcement Fairness Act (SBREFA)
    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more. The annual effect is insignificant.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. Clarification of the term ``Indian 
product'' and guidance on how to represent Indian products in the 
marketplace will not cause any significant increase in the costs or 
prices for consumers, individual industries, Federal, State, or local 
government agencies, or geographic regions.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of the 
U.S.-based enterprises to compete with foreign-based enterprises. 
Through the clarification of the term ``Indian product,'' the ability 
of U.S.-based enterprises to compete with foreign-based enterprises 
will not be significantly affected. In fact, it should assist U.S. 
Indian arts and crafts producers to compete with counterfeit Indian 
arts and crafts produced overseas.
4. Unfunded Mandates Reform Act
    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local, or tribal governments or the private sector. It simply clarifies 
an existing regulatory definition of ``Indian product.'' A statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C. 1531 et seq.) is not required.
5. Takings (Executive Order 12630)
    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. This rule does not involve government 
action or interference with Constitutionally protected rights.
6. Federalism (Executive Order 12612)
    In accordance with Executive Order 12612, the rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. This rule does not affect the relationship 
between State and federal governments. A Federalism Assessment is not 
required.
7. Civil Justice Reform (Executive Order 12988)
    In accordance with Executive Order 12988, the Office of the 
Solicitor had determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.
8. Paperwork Reduction Act
    This regulation does not require an information collection from 10 
or more parties and a submission under the Paperwork Reduction Act is 
not required. An OMB form 83-I is not required.
9. National Environmental Policy Act
    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment.
10. Clarity of this regulation
    Executive Order 12866 requires each agency to write regulations 
that are easy to understand.
    We invite your comments on how to make this rule easier to 
understand, including answers to questions such as the following: (1) 
Are the requirements in the rule clearly stated? (2) Does the rule 
contain technical language or jargon that interferes with its clarity? 
(3) Does the format of the rule (grouping and order of sections, use of 
headings, paragraphing, etc.) aid or reduce its clarity? (4) Is the 
description of the rule in the ``Supplementary Information'' section of 
the preamble helpful in understanding the proposed rule? What else 
could we do to make the rule easier to understand?
    Send a copy of any comments that concern how we could make this 
rule easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. 
You may also e-mail the comments to this address: [email protected].

List of Subjects in 25 CFR Part 309

    Indians--arts and crafts, Penalties, Trademarks.

    For the reasons set out in the preamble, part 309 of 25 CFR Chapter 
II is proposed to be amended as follows:

PART 309--PROTECTION OF INDIAN ARTS AND CRAFTS PRODUCTS

    1. The authority citation for part 309 continues to read as 
follows:

    Authority: 18 U.S.C. 1159, 25 U.S.C. 305 et seq.

    2. In Sec. 309.2, paragraph (d) is revised to read as follows:


Sec. 309.2  What are the key definitions for purposes of the Act?

* * * * *
    (d) Indian product means any art or craft product made by an 
Indian. Indian labor makes the Indian art or craft object an Indian 
product.
    (1) Illustrations. The term Indian product includes, but is not 
limited to:
    (i) Art works made by an Indian that are in a traditional or non-
traditional style or medium;
    (ii) Crafts made by an Indian that are in a traditional or non-
traditional style or medium;

[[Page 27918]]

    (iii) Handcrafts made by an Indian, i.e. objects created with the 
help of only such devices as allow the manual skill of the maker to 
condition the shape and design of each individual product.
    (2) Exclusions. An Indian product under the Act is not any of the 
following:
    (i) An Indian style art or craft product produced in a foreign 
country by non-Indian labor or craftsmanship using an Indian design;
    (ii) An Indian style art or craft product produced in the United 
States by non-Indian labor or craftsmanship;
    (iii) An Indian style art or craft product that is designed by an 
Indian but produced by non-Indian labor;
    (iv) An Indian style art or craft product assembled from a kit;
    (v) An Indian style art or craft product, originating from a 
commercial product, without a substantial handcraft element provided by 
Indian labor;
    (vi) An industrial product, such as a bicycle assembled by Indian 
labor; or
    (vii) An Indian style art or craft product produced in an assembly 
line or related production line process using multiple workers that is 
not all-Indian labor. For example, an Indian style pipe assembled by 
non-Indians with an Indian(s) supplying a few beads for accent is not 
an Indian product.
* * * * *
    3. Sections 309.3 through 309.6 are redesignated as Secs. 309.24 
through 309.27.
    4. New Secs. 309.6 through 309.23 are added to read as follows:


Sec. 309.6  When does a commercial product become an Indian product?

    In addressing Indian embellishments to originally commercial 
products, the Indian labor expended to add art or craftwork to those 
objects must be sufficient to change the nature, quality, and 
appearance of the original commercial item. Through substantial 
transformation due to Indian labor, a product changes from a commercial 
product to an Indian product. Examples of formerly commercial products 
that become Indian products include Indian beaded tennis shoes and 
Indian ribbon appliqued denim jackets.


Sec. 309.7  How should a seller disclose the nature and degree of 
Indian labor when selling, offering, or displaying art and craftwork 
for sale?

    The Indian Arts and Crafts Act is a truth-in-marketing law. Those 
who produce and market art and craftwork should honestly represent and 
clarify the degree of Indian involvement in the production of the art 
and craftwork when it is sold, displayed or offered for sale. The 
following guidelines illustrate how to characterize art and craftwork:

------------------------------------------------------------------------
             If .  .  .                          then .  .  .
------------------------------------------------------------------------
(a) An Indian conceives, designs,    it is an ``Indian product.''
 and makes the art or craftwork
------------------------------------------------------------------------
(b) An Indian produces a product     it can be marketed as such and it
 that meets the definition of         meets the definition of ``Indian
 ``handcrafted,'' in                  product.''
 309.2(d)(1)(iii)
------------------------------------------------------------------------
(c) An Indian makes an art or        it is ``Indian made,'' and meets
 craftwork using some machine made    the definition of ``Indian
 parts                                product.''
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(d) An Indian designs a product,     it should be marketed as ``Indian
 such as a bracelet, which is then    designed.'' It does not meet the
 produced by non-Indians              definition of ``Indian product''
                                      under the Act.
------------------------------------------------------------------------
(e) A product, such as jewelry, is   it is not an ``Indian product.''
 assembled from a substantial         \1\
 amount of non-
Indian made materials
------------------------------------------------------------------------
(f) A product is assembled by a non- it does not meet the definition of
 Indian from a kit                    ``Indian product.'' To avoid
                                      misleading the consumer, this
                                      product should be marketed as
                                      ``assembled by a non-Indian from a
                                      kit'' on the product label and
                                      packaging.
------------------------------------------------------------------------
(g) A product is in the style of an  it should be marketed as ``Indian
 Indian art or craft product, but     style'' or ``Indian inspired.'' It
 not made by an Indian                does not meet the definition of
                                      ``Indian product'' under the Act.
------------------------------------------------------------------------
(h) An Indian non-Indian jointly     only a percentage of the labor is
 undertake the art or craftwork to    Indian and it does not meet the
 produce an art or craft product,     definition of ``Indian product''
 for example a concho belt            under the Act. \2\
------------------------------------------------------------------------
\1\ For example, a necklace strung with overseas manufactured fetishes
  or heshi does not meet the definition of ``Indian product'' under the
  Act. If an Indian assembled the necklace, in keeping with the truth-in-
  marketing focus of the Act, it should be marketed as ``Indian
  assembled.'' Similarly, if a product, such as a kachina, is assembled
  by an Indian from a kit, it should be marketed as ``Indian assembled''
  and does not meet the definition of ``Indian product'' under the Act.
\2\ In order to be an ``Indian product,'' the labor component of the
  product must be entirely Indian. In keeping with this truth-in-
  marketing law, the collaborative work should be marketed as such.
  Therefore, it should be marketed as produced by ``X'' (name of artist
  or artisan) of ``Y'' (enrolled Tribe) and ``Z'' (name of artist or
  artisan with no Tribe listed) to avoid misleading the consumer.


[[Page 27919]]

Sec. 309.8  For marketing purposes, what is the recommended method of 
identifying authentic Indian products?

    The recommended method of marketing authentic Indian products is to 
include the ``name of the artist or artisan'' and the ``name of the 
Tribe'' in which the artist or artisan is enrolled. For example, the 
Indian product should include a label, hangtag, provenance card, or 
similar identification that includes the name of the artist or artisan 
and the name of the Tribe in which the artisan is enrolled.


Sec. 309.9  Is it illegal for a non-Indian to make and sell Indian 
style art or craft products?

    A non-Indian can make and sell Indian style art or craft products 
only if the non-Indian or other seller does not mislead the consumer to 
believe that the products have been made by an Indian. These products 
should be offered for sale as ``non-Indian made,'' ``Indian inspired,'' 
or ``Indian style.''


Sec. 309.10  What are some sample categories and examples of Indian 
products?

    What constitutes an Indian art or craft product is potentially very 
broad. However, to provide guidance to persons who produce, market, or 
purchase items marketed as Indian products, Secs. 309.11 through 309.22 
contain a sample listing of ``specific examples'' of objects that meet 
the definition of Indian products. There is some repetition, due to the 
interrelated nature of many Indian products. The listing in these 
sections contains examples, and is not intended to be all-inclusive. 
Additionally, although the Indian Arts and Crafts Act of 1990 and the 
Indian Arts and Crafts Enforcement Act of 2000 do not address materials 
used in Indian products, some materials are included for their 
descriptive nature only. This is not intended to restrict materials 
used or to exclude materials not listed.


Sec. 309.11  What are examples of jewelry that are Indian products?

    (a) Jewelry and related accessories made by Indian labor using a 
wide variety of media, including, but not limited to, silver, gold, 
turquoise, coral, lapis, jet, nickel silver, glass bead, copper, wood, 
shell, walrus ivory, whale baleen, bone, horn, horsehair, quill, seed, 
and berry are Indian products.
    (b) Specific examples include, but are not limited to: Ivory and 
baleen scrimshaw bracelets, abalone shell necklaces, nickel silver 
scissortail pendants, silver sand cast bracelets, silver overlay bolos, 
turquoise channel inlay gold rings, cut glass bead rosette earrings, 
wooden horse stick pins, and medicine wheel quilled medallions.


Sec. 309.12  What are examples of basketry that are Indian products?

    (a) Basketry and related weavings made by Indian labor using a wide 
variety of media, including, but not limited to, birchbark, black ash, 
brown ash, cedar, willow, palmetto, honeysuckle, river cane, oak, buck 
brush, sumac, dogwood, cattail, reed, raffia, horsehair, pine needle, 
spruce root, rye grass, sweet grass, yucca, bear grass, beach grass, 
rabbit brush, hemp, maidenhair fern, whale baleen, seal gut, feathers, 
shell, devil's claw, and porcupine quill are Indian products.
    (b) Specific examples include, but are not limited to: Double weave 
river cane baskets, yucca winnowing trays, willow burden baskets, 
honeysuckle sewing baskets, black ash picnic baskets, pine needle/
raffia effigy baskets, oak splint and braided sweet grass fancy 
baskets, birchbark containers, baleen baskets, rye grass dance fans, 
brown ash strawberry baskets, sumac wedding baskets, cedar hats, hemp 
basket hats, yucca wicker basketry plaques, and spruce root tobacco 
pouches.


Sec. 309.13  What are examples of other weaving and textiles that are 
Indian products?

    (a) Weavings and textiles made by Indian labor using a wide variety 
of media, including, but not limited to, cornhusk, raffia, tule, 
horsehair, cotton, wool, hemp, linen, rabbit skin, feather, bison fur, 
and qiviut (musk ox) wool are Indian products.
    (b) Specific examples include, but are not limited to: Corn husk 
bags, twined yarn bags, cotton mantas, willow cradle boards, horsehair 
hatbands, Chiefs Blankets, Two Grey Hills rugs, horse blankets, finger 
woven sashes, brocade table runners, star quilts, pictorial applique 
wall hangings, hemp woven bags, embroidered dance shawls, rabbit skin 
blankets, and feather blankets.


Sec. 309.14  What are examples of beadwork, quillwork, and moose hair 
tufting that are Indian products?

    (a) Beadwork, quillwork, and moose hair tufting made by Indian 
labor to decorate a wide variety of materials, including, but not 
limited to, bottles, baskets, bags, pouches, and other containers; 
belts, buckles, jewelry, hatbands, hair clips, barrettes, bolos, and 
other accessories; moccasins, vests, jackets, and other articles of 
clothing; and dolls and other toys and collectibles are Indian 
products.
    (b) Specific examples include, but are not limited to: Quilled pipe 
stems, loom beaded belts, pictorial bags adorned with cut glass beads, 
deer skin moccasins decorated with moose hair tufting, beaded miniature 
dolls, and quilled and beaded amulets.


Sec. 309.15  What are examples of apparel that are Indian products?

    (a) Apparel made or substantially decorated by Indian labor 
including, but not limited to, parkas, jackets, coats, moccasins, 
boots, slippers, mukluks, mittens, gloves, gauntlets, dresses, and 
shirts are Indian products.
    (b) Specific examples include, but are not limited to: Seal skin 
parkas, ribbon applique dance shawls, smoked moose hide slippers, deer 
skin boots, patchwork jackets, calico ribbon shirts, wing dresses, and 
buckskin shirts.


Sec. 309.16  What are examples of regalia that are Indian products?

    (a) Regalia are ceremonial clothing, modern items with a 
traditional theme, and accessories with historical significance made or 
significantly decorated by Indian labor, including, but not limited to, 
that worn to perform traditional dances, participate in traditional 
socials, used for dance competitions, and worn on special occasions of 
tribal significance. If these items are made or significantly decorated 
by Indian labor, they are Indian products.
    (b) Specific examples include, but are not limited to: Hide 
leggings, buckskin dresses, breech cloths, dance shawls, frontlets, 
shell dresses, button blankets, feather bustles, porcupine roaches, 
beaded pipe bags, nickel silver stamped armbands, quilled breast 
plates, coup sticks, horse sticks, shields, headdresses, dance fans, 
and rattles.


Sec. 309.17  What are examples of woodwork that are Indian products?

    (a) Woodwork made from wood by Indian labor, including, but not 
limited to, sculpture, drums, furniture, containers, hats, and masks 
are Indian products.
    (b) Specific examples include, but are not limited to: Hand drums, 
totem poles, animal figurines, folk carvings, kachinas, long house 
posts, clan house carved doors, chairs, relief panels, bentwood boxes, 
snow goggles, hunting hats, spirit masks, bows and arrows, atlatls, 
redwood dug out canoes, war clubs, flutes, dance sticks, talking 
sticks, shaman staffs, cradles, decoys, spiral pipe stems, violins, and 
Native American Church boxes.


Sec. 309.18  What are examples of hide, leatherwork, and fur that are 
Indian products?

    (a) Hide, leatherwork, and fur made or significantly decorated by 
Indian labor,

[[Page 27920]]

including, but not limited to, parfleches, tipis, horse trappings and 
tack, pouches, bags, and hide paintings are Indian products.
    (b) Specific examples include, but are not limited to: Narrative 
painted hides, martingales, saddles, bonnet cases, drapes, quirts, 
forelocks, rosettes, horse masks, bridles, head stalls, cinches, saddle 
bags, side drops, harnesses, arm bands, belts, and other hand crafted 
items with studs and tooling.


Sec. 309.19  What are examples of pottery and ceramics that are Indian 
products?

    (a) Pottery, ceramics, and related arts and crafts items made or 
significantly decorated by Indian labor, including, but not limited to, 
a broad spectrum of clays and ceramic material are Indian products.
    (b) Specific examples include, but are not limited to: Ollas, pitch 
vessels, pipes, raku bowls, pitchers, canteens, effigy pots, wedding 
vases, micaceous bean pots, seed pots, masks, incised bowls, blackware 
plates, redware bowls, polychrome vases, and storytellers and other 
figures.


Sec. 309.20  What are examples of sculpture, carving, and pipes that 
are Indian products?

    (a) Sculpture, carving, and pipes made by Indian labor including, 
but not limited to, wood, soapstone, alabaster, pipestone, argillite, 
turquoise, ivory, baleen, bone, antler, and shell are Indian products.
    (b) Specific examples include, but are not limited to: Fetishes, 
animal figurines, pipestone pipes, moose antler combs, argillite bowls, 
ivory cribbage boards, whalebone masks, elk horn purses, and clamshell 
gorgets.


Sec. 309.21  What are examples of dolls and toys that are Indian 
products?

    Dolls, toys, and related items made by Indian labor, including, but 
not limited to, no face dolls, corn husk dolls, kachina dolls, 
patchwork and palmetto dolls, reindeer horn dolls, lacrosse sticks, 
stick game articles, gambling sticks, gaming dice, miniature cradle 
boards, and yo-yos are Indian products.


Sec. 309.22  What are examples of painting and other fine art forms 
that are Indian products?

    Painting and other fine art forms made by Indian labor, and include 
but are not limited to, works on canvas, photography, sand painting, 
mural, computer generated art, graphic art, video artwork, printmaking, 
drawing, bronze casting, glasswork, and art forms to be developed in 
the future are Indian products.


Sec. 309.23  Does this part apply to products made before 1935?

    The provisions of this part do not apply to any art or craft 
products made before 1935.

    Dated: May 14, 2001.
Robert Lamb,
Acting Assistant Secretary--Policy, Management, and Budget.
[FR Doc. 01-12666 Filed 5-18-01; 8:45 am]
BILLING CODE 4310-84-U