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U.S. Code as of:
01/19/04
Section 1159. Misrepresentation of Indian produced goods and products
(a) It is unlawful to offer or display for sale or sell any 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.
(b) Whoever knowingly violates subsection (a) shall -
(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.
(c) As used in this section -
(1) the term "Indian" means any individual who is a member of
an Indian tribe, or for the purposes of this section is certified
as an Indian artisan by an Indian tribe;
(2) the terms "Indian product" and "product of a particular
Indian tribe or Indian arts and crafts organization" has the
meaning given such term in regulations which may be promulgated
by the Secretary of the Interior;
(3) the term "Indian tribe" means -
(A) any Indian tribe, band, nation, Alaska Native village, or
other 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
(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.
(d) 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.
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