[Federal Register Volume 61, Number 204 (Monday, October 21, 1996)]
[Rules and Regulations]
[Pages 54551-54556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26876]
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DEPARTMENT OF THE INTERIOR
Indian Arts and Crafts Board
25 CFR Part 309
RIN 1090-AA45
Protection for Products of Indian Art and Craftsmanship
AGENCY: Indian Arts and Crafts Board (IACB), DOI.
ACTION: Final rule.
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SUMMARY: This rule adopts regulations to carry out Public Law 101-644,
the Indian Arts and Crafts Act of 1990. The regulations define the
nature and Indian origin of products that the law covers and specify
procedures for carrying out the law. The trademark provisions of the
Act are not included in this rulemaking and will be treated at a later
time.
EFFECTIVE DATES: November 20, 1996.
FOR FURTHER INFORMATION CONTACT:
Meridith Z. Stanton or Geoffrey E. Stamm, Indian Arts and Crafts
Board, Room 4004-MIB, U.S. Department of the Interior, 1849 C Street,
NW., Washington, DC 20240, telephone 202-208-3773 (not a toll-free
call).
SUPPLEMENTARY INFORMATION:
Background
The Act of August 27, 1935 (49 Stat. 891; 25 U.S.C. 305 et seq.; 18
U.S.C. 1158-59), created the Indian Arts and Crafts Board. The Board is
responsible for promoting the development of
[[Page 54552]]
American Indian and Alaska Native arts and crafts, improving the
economic status of members of Federally-recognized tribes, and helping
to develop and expand marketing opportunities for arts and crafts
produced by American Indians and Alaska Natives.
The 1935 Act adopted criminal penalties for selling goods with
misrepresentations that they were Indian produced. This provision,
currently located in section 1159 of title 18, United States Code, set
fines not to exceed $500 or imprisonment not to exceed six months, or
both. Although this law was in effect for many years, it provided no
meaningful deterrent to those who misrepresent imitation arts and
crafts as Indian produced. In addition, it required ``willful'' intent
to prove a violation, and very little enforcement took place.
In response to growing sales in the billion dollar U.S. Indian arts
and crafts market of products misrepresented or erroneously represented
as produced by Indians, the Congress passed the Indian Arts and Crafts
Act of 1990. This Act is essentially a truth-in-advertising law
designed to prevent marketing products as ``Indian made'' when the
products are not, in fact, made by Indians as defined by the Act.
Public Participation
The Indian Arts and Crafts Board published the proposed rulemaking
for the Indian Arts and Crafts Act of 1990 on October 13, 1994. 59 FR
51908-51911. As the Federal Register omitted several key lines from the
Enforcement section 309.3, the Federal Register published a correction
on October 18, 1994. 59 FR 52588.
In addition to publication, several thousand copies of the proposed
rulemaking were distributed to interested parties, including every
Federally-recognized Indian tribe.
The Board received 36 public comments on the proposed rulemaking,
and each was carefully reviewed, analyzed, and considered. These
comments are grouped by issues and Board responses in the following
summary.
Summary and Analysis of Public Comments
A broad range of respondents expressed their support of the
proposed regulations. These comments emphasized the crucial
contribution of art and craft work production and sales to the economic
development of Indian individuals and tribes throughout the nation.
Overall Comments
Several comments raised the issue of what is a reasonable boundary
between marketing statements that are simply truthful and statements
that are clearly misleading. One respondent expressed concern that the
Act and proposed regulations prohibit an artist who is not a member of
an Indian tribe from truthfully describing his or her Indian heritage
as part of the discussion of his or her art work. The regulations do
not prohibit any statements about a person's Indian heritage that are
truthful and not misleading in the marketing of that individual's work.
One comment asked whether an individual, who is neither enrolled
nor certified as an Indian artisan, is permitted under the Act to use
the term ``Non-Government Enrolled Descendant'' or its abbreviation,
``NGED,'' in conjunction with the name of an Indian tribe to market his
or her work. Considered as a whole, this phrase and its abbreviation
are misleading. The capitalization implies some sort of official
standing, and the word ``enrolled'' is positive. However, the truth is
exactly the opposite: the individual is not officially recognized by,
and is not enrolled in, the tribe named.
One comment questioned the treatment of persons of various degrees
of Indian ancestry who are active in the art market, but are not
members of tribes. As described in section 309.3 of the Section-by-
Section Comments, Congress in the Act addressed this situation by
leaving it to the tribes to decide whether to certify as Indian
artisans for purposes of the Act individuals who have some degree of
ancestry of that tribe but are not tribal members. This tribal
certification method also is discussed in section 309.4 of the
regulations. A person is permitted under the regulations to make a
truthful statement, in connection with marketing of an art or craft
product, that he or she is of Indian ``descent'' or particular tribal
``descent''.
Several respondents questioned the absence of regulations
implementing the Act's trademark provisions and recommended that a
supplementary rule be proposed for comment, to carry out the trademark
section, before final publication of the regulations. This
recommendation has not been adopted. The Indian Arts and Crafts Board
is not prepared to carry out the trademark section of the Act at this
time. Although the trademark provisions may be desirable in their own
right, they are not necessary to the protections covered by these
regulations. As stated previously, the trademark provisions of the Act
will be treated at a later time.
One comment recommended and advocated changes in both the proposed
regulations and the Act on the grounds that they are unconstitutional.
Another comment asked for a repeal of the Act and proposed regulations,
as they are a violation of the freedom of speech of all ``Indian
Americans.'' These comments have not been adopted either. While
regulations can interpret and clarify the Act, regulations cannot
change the Act. Furthermore, the regulations do not prohibit any
individual, marketing enterprise, or other vendor from truthfully
representing the art or craft products that they offer or display for
sale or sell. The regulations define the nature and Indian origin of
products protected by the Indian Arts and Crafts Act of 1990, a truth-
in marketing law, from false representations. They also specify how the
Indian Arts and Crafts Board will interpret certain conduct for
enforcement purposes.
Finally, several comments recommended that the regulations be
reissued in proposed form for further comment before final publication
of the regulations to carry out the Act. A broad range of comments was
received and carefully considered. Appropriate revisions and
refinements have been adopted without fundamental change to the
approach of the proposed regulations. Accordingly reissuance in
proposed form is not warranted.
Section-by-Section Comments
Section 309.1 How Do These Regulations Carry Out the Indian Arts and
Crafts Act of 1990?
One response asked how the legislation affects arts and crafts sold
in business establishments. Another stated that the ``middle man''
should be held accountable for how the product is marketed.
Section 309.1 of the regulations covers these concerns. It states
that the Act regulates products offered or displayed for sale, or sold
as Indian produced, an Indian product, or the product of a particular
Indian, or Indian tribe, or Indian arts and crafts organization within
the United States. This section does not limit the marketing vehicles
covered by the regulations. The Act applies to any offer for sale or
display for sale, or actual sale by any person in the United States. In
light of this broad application, section 309.1 is appropriately
drafted.
[[Page 54553]]
Section 309.2 What Are the Key Definitions for Purposes of the Act?
Definition of Indian, Section 309.2(a)
One respondent asked that the regulations specifically name Native
Hawaiians to protect them under the Act. Another wanted individuals who
have Certificates of Indian Blood, yet are neither on tribal rolls nor
certified as Indian artisans, to be included under the definition of
Indian.
The final regulations do not adopt these suggestions. The Act
specifically defines who is an Indian protected by the Act. The
regulations can interpret and clarify the Act but cannot change the
statutory terms of the Act.
One respondent expressed concern about state incorporated non-
profit ``Indian'' organizations and their members who are not enrolled
with state or Federally-recognized tribes, yet present themselves as
Indian at crafts shows. In addition, adoption was an issue for two
respondents. One expressed concern that non-Indians, ``adopted by
Indian spiritual leaders,'' may be permitted to sell their work as
Indian. Another stated that ``not until the seventh generation'' should
an adopted tribal member or family have the right to offer their
handcrafts for sale as Indian.
The definition of Indian already satisfies these concerns. State
incorporated non-profit ``Indian'' organizations do not meet the
definition of Indian tribe under the Act and in section 309.2(e)(1) and
(2) of the regulations. Membership in a non-profit ``Indian''
organization does not meet the definition of Indian under the Act and
in section 309.2 of the regulations. Furthermore, if an ``Indian
spiritual leader'' or tribal member adopts an individual, this action
does not mean that the adopted individual is a member of a state or
Federally-recognized tribe or is certified as an Indian artisan by a
state or Federally-recognized tribe.
Definition of Indian Artisan, Section 309.2(b)
Several respondents suggested that the definition of Indian artisan
should be clarified to read ``an individual who is certified by an
Indian tribe as its non-member artisan.'' This clarification has been
adopted with a minor modification.
Definition of Indian Arts and Crafts Organization, Section 309.2(c)
Two respondents asked whether section 309.2(c) operates to exclude
marketing entities, other than Indian arts and crafts organizations,
from the law and regulations. Several others asserted that the
definition of Indian arts and crafts organization should include any
organization set up under tribal law, custom or authority, as well as
under any other legal authority.
The Act broadly applies to the marketing of arts and crafts by any
person in the United States. The reference to Indian arts and crafts
organization as a protected group is not intended to suggest that the
Act's regulation does not apply to all marketing activities. In
addition, the Act's requirement that an Indian arts and crafts
organization be legally established in order to meet the definition
includes tribal law.
Definition of Indian Product, Section 309.2(d)
Several comments stated that the definition of Indian product
should be more inclusive. One comment stated that the definition should
be broad enough to include the work of musicians, actors, and writers.
Another stated it should include all products made by an Indian.
Several other comments stated that the definition of Indian product
should also cover any cultural property of an Indian tribe or moiety
and include a reference to a compatible Indian cultural property law.
Still another respondent asserted that the proposed regulations
incorrectly focus on ``what good is made, not who made the good.''
The final regulations do not adopt these comments. In keeping with
the Indian Arts and Crafts Board's organic legislation, its primary
mission, and the Congressional intent of the Act, the Board has
determined in the final regulations that the Act applies to Indian arts
and crafts and not to all products generally. However, what constitutes
an Indian art or craft product is potentially very broad.
Several comments asked that the words ``or produced'' follow
``made'' in the definition of Indian product to underscore that art or
craft is to be broadly construed.
Within the meaning of the statute, Indian arts and crafts mean any
art or craft made by an Indian or Indian artisan. As the addition of
the words ``or produced'' does not significantly enhance the definition
of Indian product, the final regulations do not adopt this comment.
Several respondents stated that the 1935 cut off date for products
regulated by the Act is arbitrary and should be dropped.
The final regulations do not adopt this comment. The focus on the
contemporary arts and crafts market is in keeping with the
Congressional intent of the Act and the legislated mission of the
Indian Arts and Crafts Board--economic growth through the development
and promotion of contemporary Indian arts and crafts.
Two comments asked that proposed section 309.2(d)(ii) be dropped so
as to exclude from regulation by the Act products of a non-traditional
Indian style or non-traditional Indian medium. Another comment asked
that proposed section 309.2(d)(iii) include a reference to the
difference between handmade, hand painted, and manufactured.
The final regulations do not adopt these comments. The proposed
exclusion of products made in a non-traditional Indian style or non-
traditional Indian medium runs counter to the legislative history of
the Act, as the sponsors of the legislation were clearly aware of the
evolution of such non-traditional products. The proposed exclusion is
also inconsistent with a primary mission of the agency charged with
carrying out the Act--the promotion of contemporary Indian arts and
crafts. On the issue of production terms, handcrafts are clearly
defined and anything else is not a handcraft. Additional descriptions
in this section would make the regulations more complicated, and would
not measurably improve the purpose of the regulations which is to
define the nature and Indian origin of products covered by the Act.
One respondent supported the exclusion of industrial products from
the proposed regulations, section 309.2(d)(2). Another asked that the
products under this section be further clarified. Other respondents
described the industrial products section as unclear and asked that it
be removed. Upon further review, the exclusion for industrial products
has been dropped from the final regulations because the provisions
limiting the reach of the Act to arts and crafts already exclude such
products.
Another comment suggested that the regulations incorporate seven
``classes'' of products, based on the degree of Indianness of the maker
and whether the product is a replica or import. The final regulations
do not adopt the proposed classes of goods as they would make the
regulations greatly more complicated and burdensome, and would not
measurably improve the main purpose of the regulations which is to
define rather than to classify the nature and Indian origin of products
covered by the Act.
In final form, section 309.2(d) has been mildly reorganized and
renumbered to improve readability.
[[Page 54554]]
Definition of Indian Tribe, Section 309.2(e)
One comment asked that all references in the regulations to
``Indian tribe'', the statutory term drawn from the Act, be revised to
read ``any federally-recognized tribes(s)'', in recognition of
consolidated tribes. This comment has not been adopted, as the
definition of ``Indian tribe'' is provided in the Act, and the
regulations cannot change the Act. However, all Federally-recognized
consolidated tribes are, in fact, included in that definition.
One respondent asked that section 309.2(e)(2) include a provision
to require state governments to use the same comprehensive tribal
recognition criteria the Federal government uses for Federal
recognition. This comment asserted that comprehensive procedures must
be mandatory to prevent undermining the Act and those it is intended to
protect. The final regulations do not require the use of comprehensive
criteria for state recognition of tribes, as this goes beyond the
authority of the Federal statute and is a matter of state authority.
Additionally, the regulations do not set criteria for state tribal
enrollment, as this is beyond the authority of the Federal statute.
Some comments asked for the addition of language in the regulations
to include terminated California Indians and ``federally-accepted
tribal-preemption principles.'' Another asked that the Act protect all
terminated tribes. These comments are not adopted into the final
regulations. The regulations cannot change the Act, which makes no
provision for terminated tribes.
Definition of Product of a Particular Indian Tribe or Indian Arts and
Crafts Organization, Section 309.2(f)
One comment suggested the addition of the term ``legally recognized
Indian tribe'' would help clarify the text of section 309.2(f). Another
comment recommended the section include language for oversight of
Indian tribes and arts and craft organizations.
These comments are not adopted into the final regulations. The term
Indian tribe is defined earlier, in section 309.2(e), and the intent of
this section is clear--to simply define the product of a particular
Indian tribe or Indian arts and crafts organization.
Section 309.3 Interpretation of Statements About Indian Origin of Art
or Craft Products
The final regulations clarify that the term ``Indian'' as used
under the Act includes its market synonym ``Native American.''
One respondent stated that the regulations should work to prevent
deceptive advertisements that use the name of a tribe to market a
product, when the product is not made by a member of that tribe.
Concern also was expressed about the use of phrases that refer to the
``style'' of a particular Indian tribe when the items are not made by
artisans of that tribe, but imitate the work of that tribe. The
respondent believed that the names of tribes as either nouns or
adjectives should be for the exclusive use of the members of those
tribes.
The Act and section 309.1 of the proposed regulations specifically
state that it is unlawful to offer or display for sale or sell any good
in a manner that falsely suggests it is the product of a particular
Indian or Indian tribe or Indian arts and crafts organization. Section
309.3(a) also regulates the use of the unqualified name of an Indian
tribe, and the unqualified term Indian, in connection with an art or
craft product. However, the use of a tribal name in conjunction with
the work ``style'' is not prohibited by the Act or the regulations, as
it is not necessarily misleading. The rights of tribes to control the
use of their names, qualified and unqualified, is an issue of cultural
patrimony and is beyond the scope of these regulations.
Several responses dealt with the issue of foreign products. Two
respondents expressed concern over their perception of the undermining
of permanent country-of-origin markings by importers of imitation
Indian arts and crafts. One respondent expressed concern about foreign
merchandise falsely marketed as ``South American Indian'' while another
questioned the need of businesses to differentiate between products
made by members of tribes resident in the United States and by members
of foreign tribes.
The topic of permanent country-of-origin marking is beyond the
scope of the Act and regulations. Under the Omnibus Trade Bill, Public
Law 100-418, the U.S. Customs Service published regulations and
oversees the requirement for permanent country-of-origin marking on
imported Indian-style jewelry and other arts and crafts (19 CFR 134.43
(c)-(d).
Although the concern about products falsely marketed as South
American Indian is beyond the scope of the regulations, identification
of products of foreign Indian tribes is covered in section 309.3(b).
The regulations require that products marketed in the United States
must clearly show the name of the foreign country of the producer's
tribal ancestry if the name of a tribe is used.
Section 309.4 Certification of Indian Artisans
One respondent expressed concern that the proposed regulations do
not offer a ``designation'' for descendants that are not tribal
members. A second expressed concern for individuals who are raised on
reservations, but who are not tribal members because they do not meet
tribal blood quantum requirements.
The Act adopts tribal certification as the exclusive approach to
these situations, and the regulations simply carry out this
Congressional mandate. Truthful statements may be made about Indian or
tribal ancestry.
A number of comments supported the proposed regulations' measure of
flexibility in the certification process and the placement of
responsibility for the determination of individual cases upon an
appropriate tribal authority.
Other respondents stated that the provision for tribal
certification of Indian artisans under the proposed regulations should
be clarified. The majority of these respondents were concerned that
section 309.4 as proposed could allow a tribe to certify a person as an
Indian artisan who is in no way connected with the tribe and who is not
even of Indian ancestry. Those respondents maintained that the statute
and its legislative history support the conclusion that Congress
intended that Indian tribes should be able to certify persons as Indian
artisans only if those persons were, first, of Indian ancestry and,
second, of Indian ancestry connected with the certifying tribe. One
response further suggested that to be eligible for certification one
must prove lineal descent from a tribal member.
The final regulations adopt most of these comments. As amended,
section 309.4 clarifies that to be eligible for certification as an
Indian artisan by a particular tribe, the individual must be of the
Indian ancestry of that tribe. The final regulations clarify that the
certification must be documented in writing by the governing body of an
Indian tribe or by a certifying body delegated this function by the
governing body of an Indian tribe. The certification to be provided by
the Indian tribe is that the individual is a non-member Indian artisan
of the tribe.
Other comments asked that the regulations give Indian tribes
guidance on procedures for the certification of Indian artists, such as
documentation. In particular, on comment asked that the regulation also
specify who within the
[[Page 54555]]
tribe will have authority to make the certification decisions. One
comment stated that procedural guidance would help prevent misuse of
authority. Another stated it would encourage tribes to adopt
certification programs. Others cautioned that care should be taken to
avoid intrusion on tribal sovereignty.
While the final regulations clarify the overall requirements for
certification, in deference to tribal sovereignty the actual
certification procedures are left to the discretion of tribal
governments.
One respondents expressed concern for individuals of various
degrees of Indian ancestry, who are not tribal members, whose requests
for Indian artisan certification are denied by the tribe. The
respondent suggested that recognition of an individual's Indian
ancestry by a state legislature should be an alternative to tribal
certification. Another respondent suggested that recognition of an
individual's Indian ancestry by a local entity, other than a tribe,
should be sufficient for certification. These alternatives to tribal
certification are not valid under the Act and are beyond the scope of
the regulations. Truthful statements may be made about Indian or tribal
heritage.
Finally, one respondent asked what specific authority prohibits the
tribes from charging a fee for certification. This prohibition appears
in section 107 of the Act (see also 25 U.S.C. 305e note).
Section 309.5 Penalties.
No comments received. However, language has been added to clarify
what actions may subject a person to civil and criminal penalties.
Section 309.6 Complaints.
No comments received.
Drafting Information
These final regulations were prepared by Meredith Z. Stanton
(Deputy Director, Indian Arts and Crafts Board) and Geoffrey E. Stamm
(Director, Indian Arts and Crafts Board).
Compliance With Other Laws
This rule was not subject to Office of Management and Budget review
under E.O 12866.
There is no collection of information in this rule requiring
approval by the Officer of Management and Budget under 44 U.S.C. 3504.
The Department of the Interior certifies that this rule 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. These possible effects, such
as increased demand on tribal governments from some of their members to
document their status, stem from the statute itself rather than the
regulations, as the preponderance of the regulations merely reflect
statutory terms and requirements.
The Department of the Interior determined that these regulations
will not have a significant effect on the human environment under the
National Environmental Policy Act (42 U.S.C. 4321-4347). In addition,
the Department of the Interior determined that these regulations are
categorically excluded from the procedural requirements of the National
Environmental Policy Act by Departmental regulations in 516 DM2. As
such, there is no need for an Environmental Assessment or an
Environmental Impact Statement.
List of Subjects in 25 CFR Part 309
Indians--Arts and crafts, Penalties.
For the reasons set out in the preamble, 25 CFR Chapter II is
amended to add part 309 as follows:
PART 309--PROTECTION OF INDIAN ARTS AND CRAFTS PRODUCTS
Sec.
309.1 How do these regulations carry out the Indian Arts and Crafts
Act of 1990?
309.2 What are the key definitions for purposes of the Act?
309.3 How will statements about Indian origin of art or craft
products be interpreted?
309.4 How can an individual be certified as an Indian artisan?
309.5 What penalties apply?
309.6 How are complaints filed?
Authority: 18 U.S.C. 1159, 25 U.S.C. 305 et seq.
Sec. 309.1 How do the regulations in this part carry out the Indian
Arts and Crafts Act of 1990?
These regulations define the nature and Indian origin of products
protected by the Indian Arts and Crafts Act of 1990 (18 U.S.C. 1159, 25
U.S.C. 305 et seq.) from false representations, and specify how the
Indian Arts and Crafts Board will interpret certain conduct for
enforcement purposes. The Act makes it unlawful to offer or display for
sale or sell any good 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.
Sec. 309.2 What are the key definitions for purposes of the Act?
(a) Indian as applied to an individual means a person who is a
member of an Indian tribe or for purposes of this part is certified by
an Indian tribe as a non-member Indian artisan (in accordance with the
provisions of Sec. 309.4).
(b) Indian artisan means an individual who is certified by an
Indian tribe as a non-member Indian artisan.
(c) Indian arts and crafts organization means any legally
established arts and crafts marketing organization composed or members
of Indian tribes.
(d) Indian products. (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.
(e) Indian tribe means--
(1) Any Indian tribe, band, nation, Alaska Native village, or any
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
(2) 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.
(f) Product of a particular Indian tribe or Indian arts and crafts
organization means that the origin of a product is identified as a
named Indian tribe or named Indian arts and crafts organization.
Sec. 309.3 How will statements about Indian origin of art or craft
products be interpreted?
(a) In general. The unqualified use of the term ``Indian'' or of
the term ``Native American'' or the unqualified use of the name of an
Indian tribe, in connection with an art or craft product, is
interpreted to mean for purposes of this part that--
(1) The maker is a member of an Indian tribe, is certified by an
Indian tribe as a non-member Indian artisan, or is a member of the
particular Indian tribe named; and
(2) The art or craft product is an Indian product.
(b) Products of Indians of foreign tribes. (1) In general. The
unqualified
[[Page 54556]]
use of the term ``Indian'' or of the term ``Native American'' or the
unqualified use of the name of a foreign tribe, in connection with an
art or craft product, regardless or where it is produced and regardless
of any country-of-origin marking on the product, is interpreted to mean
for purposes of this part that--
(i) The maker is a member of an Indian tribe, is certified by an
Indian tribe as a non-member Indian artisan, or is a member of the
particular Indian tribe named;
(ii) The tribe is resident in the United States; and
(iii) The art or craft product is an Indian product.
(2) Exception where country of origin is disclosed. Paragraph (b)
of this section does not apply to any art or craft for which the name
of the foreign country of tribal ancestry is clearly disclosed in
conjunction with marketing of the product.
(c) Example. X is a lineal descendant of a member of Indian Tribe
A. However, X is not a member of Indian Tribe A, nor is X certified by
Indian Tribe A as a non-member Indian artisan. X may not be described
in connection with the marketing of an art or craft product made by X
as an Indian, a Native American, a member of an Indian tribe, a member
of Tribe A, or as a non-member Indian artisan of an Indian tribe.
However, the true statement may be used that X is of Indian descent,
Native American descent, or Tribe A descent.
Sec. 309.4 How can an individual be certified as an Indian artisan?
(a) In order for an individual to be certified by an Indian tribe
as a non-member Indian artisan for purposes of this part--
(1) The individual must be of Indian lineage of one or more members
of such Indian tribe; and
(2) The certification must be documented in writing by the
governing body of an Indian tribe or by a certifying body delegated
this function by the governing body of the Indian tribe.
(b) As provided in section 107 of the Indian Arts and Crafts Act of
1990, Public Law 101-644, a tribe may not impose a fee for certifying
an Indian artisan.
Sec. 309.5 What penalties apply?
A person who offers or displays for sale or sells a 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:
(a) Is subject to the criminal penalties specified in section 1159,
title 18, United States Code; and
(b) Is subject to the civil penalties specified in section 305e,
title 25, United States Code.
Sec. 309.6 How are complaints filed?
Complaints about protected products alleged to be offered or
displayed for sale or sold in a manner that falsely suggests they are
Indian products should be made in writing and addressed to the
Director, Indian Arts and Crafts Board, Room 4004-MIB, U.S. Department
of the Interior, 1849 C Street, NW, Washington, DC 20240.
Dated: October 15, 1996.
Bonnie R. Cohen,
Assistant Secretary--Policy, Management and Budget.
[FR Doc. 96-26876 Filed 10-18-96; 8:45 am]
BILLING CODE 4310-RK-M
