[Federal Register Volume 72, Number 210 (Wednesday, October 31, 2007)]
[Notices]
[Pages 61715-61716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21463]


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DEPARTMENT OF THE TREASURY

United States Mint


Notification of a Refund Offer for Certain 2004 United States 
Mint Lewis and Clark Coin and Pouch Sets That May Contain Pouches That 
Are Not Authentic American Indian Products

SUMMARY: In 2004, the United States Mint prepared and marketed a 
product known as the ``2004 United States Mint Lewis and Clark Coin and 
Pouch Set.'' This product includes a 2004 Lewis and Clark Expedition 
Bicentennial Silver Dollar and a small pouch crafted by artisans from 
one of several American Indian tribes. The United States Mint, however, 
has now learned that one of the organizations whose artisans produced 
pouches for the product--the Shawnee Nation United Remnant Band of 
Ohio--is not officially recognized as an Indian tribe by state or 
Federal authorities. The Shawnee Nation United Remnant Band of Ohio, 
therefore, does not have the legal right to claim that the pouches its 
artisans produced are authentic American Indian products. Accordingly, 
the United States Mint is offering a refund to members of the public 
who own a 2004 United States Mint Lewis and Clark Coin and Pouch Set 
containing a pouch produced by the Shawnee Nation United Remnant Band 
of Ohio. Owners may ascertain whether their pouch set was crafted by 
the Shawnee Nation United Remnant Band of Ohio by referring to the 
Certificate of Authenticity (COA) that accompanies the set. Owners 
wishing to obtain a refund have two options: (1) Return the entire 
United States Mint Lewis and Clark Coin and Pouch Set, including the 
COA from the Shawnee Nation United Remnant Band of Ohio, for a refund 
of $130.00 (original sales price, plus $10 for shipping and insurance), 
or (2) return just the pouch and the COA from the Shawnee Nation United 
Remnant Band of Ohio for a refund of $90.00 (prorated sales price for 
the pouch, plus $10 for shipping and insurance).

DATES: Refunds will be made until May 1, 2008.

ADDRESSES: To receive a refund, send 2004 United States Mint Lewis and 
Clark Coin and Pouch Sets, or pouches, by insured mail or overnight 
delivery to United States Mint, ATTN: Indian Arts & Crafts Return, 801 
9th Street, NW., Washington, DC 20001. In the shipping package be sure 
to include return address mailing information for the refund along with 
a note indicating that the package is to be directed to the above 
address.

FOR FURTHER INFORMATION CONTACT: United States Mint, Indian Arts & 
Crafts Return, 801 9th Street, NW., Washington, DC 20001, or call 1-
888-723-2646.

SUPPLEMENTARY INFORMATION: The United States Mint sold a limited number 
of the 2004 United States Mint Lewis and Clark Coin and Pouch Sets 
between September 7, 2004, and December 31, 2004. Each set consisted of 
a proof Lewis and Clark Expedition Bicentennial Silver Dollar, a 
handcrafted American Indian Pouch, and a COA hand-signed by the 
American Indian artisan who crafted it, stating the artisan's tribe and 
its location. The United States Mint worked with the Circle of Tribal 
Advisors (COTA) to identify artisans from American Indian tribes to 
craft each unique pouch. When it was selected to produce pouches, the 
Shawnee Nation United Remnant Band of Ohio was a member in good 
standing of COTA. However, as we now have become aware, the Shawnee 
Nation United Remnant Band of Ohio did not meet the legal requirements 
to produce and market authentic ``Indian'' products under the Indian 
Arts and Crafts Act. The Shawnee Nation United Remnant Band of Ohio 
reportedly dropped its membership in COTA late in 2005, and COTA 
adjourned late in 2006 at the end of the National Lewis & Clark 
Bicentennial Commemoration.
    Recently, the United States Mint learned that the pouches made by 
artisans of the Shawnee Nation United Remnant Band of Ohio do not 
qualify as authentic American Indian products because the Shawnee 
Nation United Remnant Band of Ohio is not an American Indian Tribe as 
defined by the Indian Arts and Crafts Act of 1990 (Pub. L. 101-644).
    The Indian Arts and Crafts Act of 1990 (Act) is a truth-in-
advertising law that prohibits misrepresentation in marketing of Indian 
arts and crafts products within the United States. It is illegal to 
offer or display for sale, or sell any art or craft product 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. Under the Act, 
an Indian is defined as a member of any Federally or state recognized 
Indian Tribe, or an individual certified as an Indian artisan by an 
Indian Tribe.
    The Act broadly applies to the marketing of arts and crafts by any 
person in the United States. All products must be marketed truthfully 
regarding the Indian heritage and tribal affiliation of the producers, 
so as not to mislead the consumer. It is illegal to market an art or 
craft item using the name of a tribe if a member, or certified Indian 
artisan, of that tribe did not actually create the art or craft item.
    Neither Federal nor state authorities recognize the Shawnee Nation 
United Remnant Band of Ohio as an official Indian tribe. Accordingly, 
the pouches produced by the artisans of the Shawnee Nation United 
Remnant Band of Ohio are not Indian products pursuant to the terms of 
the Act.
    The Indian Arts and Crafts Board (IACB), an agency located in the 
U.S. Department of the Interior, was created by Congress to promote the 
economic development of American Indians and Alaska Natives through the 
expansion of the Indian arts and crafts market. A top priority of the 
IACB is the implementation and enforcement of the Indian Arts and 
Crafts Act of 1990. The United States Mint has been working closely 
with the IACB to ensure that owners of 2004 United States Mint Lewis 
and Clark Coin and Pouch Sets understand the law, are aware that the 
pouches made by the Shawnee Nation United Remnant Band of Ohio are not 
authentic American Indian products, and have the opportunity to obtain 
a refund of these products if they elect to return them.
    The names of the various artisans and their tribes who crafted the 
pouches for the United States Mint are identified in the COA 
accompanying the pouch sets.

[[Page 61716]]

Owners may ascertain whether their pouch set was crafted by the Shawnee 
Nation United Remnant Band of Ohio by referring to the COA.
    Owners of a 2004 United States Mint Lewis and Clark Coin and Pouch 
Set containing a pouch produced by the Shawnee Nation United Remnant 
Band of Ohio may return the Set for a payment of $130.00, representing 
the original purchase price of $120.00, plus $10 to defray shipping, 
handling, and insurance charges. The owners of 2004 United States Mint 
Lewis and Clark Coin and Pouch Sets containing Shawnee Nation United 
Remnant Band of Ohio pouches who desire to keep the Lewis and Clark 
Expedition Bicentennial Silver Dollar may return the pouches, along 
with the COA, for a prorated refund of $90.00, representing the 
prorated price of the pouch plus $10 to defray shipping, handling, and 
insurance charges.

    Authority: 31 U.S.C. 5112; Pub. L. 106-126, Title III, 113 Stat. 
1647; Pub. L. 109-232, 120 Stat. 395.

    Dated: October 26, 2007.
Edmund C. Moy,
Director, United States Mint.
[FR Doc. E7-21463 Filed 10-30-07; 8:45 am]
BILLING CODE 4810-02-P