US (United States) Code. Title 25. Chapter 7A: Promotion of social and economic welfare

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Indians

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-CITE-

25 USC CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC

WELFARE 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE

-HEAD-

CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE

-MISC1-

Sec.

305. Indian Arts and Crafts Board; creation and

composition; per diem payments.

305a. Promotion of economic welfare through development of

arts and crafts; powers of Board.

305a-1. Additional powers of Board; admission fees, rent,

franchise fees and other fundraising activities;

volunteers; transfer of revenues into special fund.

305b. Rules and regulations; submission to Secretary of the

Interior.

305c. Appropriation.

305c-1. Repealed.

305d. Referral for criminal and civil violations;

complaints; recommendations.

305e. Cause of action for misrepresentation of Indian

produced goods.

(a) Injunctive or equitable relief; damages.

(b) Punitive damages; attorney's fee.

(c) Persons who may initiate civil actions.

(d) Definitions.

(e) Severability.

(f) Regulations.

305f. Indian Arts and Crafts Board art collection.

(a) Transfer of art collection and costs.

(b) Retention of permanent license to use of

images.

306. Expenditures for encouragement of industry and

self-support; repayment.

306a. Advances for support of old, disabled, or indigent

allottees; lien against land.

307, 308. Omitted.

309. Vocational training program; eligibility; contracts or

agreements.

309a. Authorization of appropriations.

309b. Vocational education funds.

310. Institute of American Indian and Alaska Native Culture

and Arts Development.

-End-

-CITE-

25 USC Sec. 305 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE

-HEAD-

Sec. 305. Indian Arts and Crafts Board; creation and composition;

per diem payments

-STATUTE-

A board is created in the Department of the Interior to be known

as "Indian Arts and Crafts Board", and hereinafter referred to as

the Board. The Board shall be composed of five commissioners, who

shall be appointed by the Secretary of the Interior as soon as

possible after August 27, 1935 and shall continue in office, two

for a term of two years, one for a term of three years, and two for

a term of four years from the date of their appointment, the term

of each to be designated by the Secretary of the Interior, but

their successors shall be appointed for a term of four years except

that any person chosen to fill a vacancy shall be appointed for the

unexpired term of the commissioner whom he succeeds. Both public

officers and private citizens shall be eligible for membership on

the Board. The Board shall elect one of the commissioners as

chairman. One or two vacancies on the Board shall not impair the

right of the remaining commissioners to exercise all the powers of

the Board.

The commissioner shall serve without compensation: Provided, That

each Commissioner shall be paid per diem in lieu of subsistence and

other expenses at a rate that does not exceed the rate authorized

by section 5703 of title 5 to be paid to persons serving without

compensation.

-SOURCE-

(Aug. 27, 1935, ch. 748, Sec. 1, 49 Stat. 891; Pub. L. 87-23, Sec.

1, Apr. 24, 1961, 75 Stat. 45.)

-COD-

CODIFICATION

"Section 5703 of title 5" substituted in text for "the Act of

August 2, 1946 (60 Stat. 808) as heretofore or hereafter amended (5

U.S.C. 73b-2)" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6,

1966, 80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

-MISC1-

AMENDMENTS

1961 - Pub. L. 87-23 substituted authorization for payment of per

diem to Board members at the rate authorized for other persons

serving without compensation for former provision reimbursing

actual expenses, including travel expenses, subsistence and office

overhead, incurred incidental to performance of duties.

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-497, Sec. 1, Nov. 9, 2000, 114 Stat. 2219, provided

that: "This Act [amending section 305e of this title] may be cited

as the 'Indian Arts and Crafts Enforcement Act of 2000'."

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-644, title I, Sec. 101, Nov. 29, 1990, 104 Stat.

4662, provided that: "This title [enacting sections 305d and 305e

of this title, amending section 305a of this title and sections

1158 and 1159 of Title 18, Crimes and Criminal Procedure, and

enacting provisions set out as a note under section 305e of this

title] may be cited as the 'Indian Arts and Crafts Act of 1990'."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-End-

-CITE-

25 USC Sec. 305a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE

-HEAD-

Sec. 305a. Promotion of economic welfare through development of

arts and crafts; powers of Board

-STATUTE-

It shall be the function and the duty of the Secretary of the

Interior through the Board to promote the economic welfare of the

Indian tribes and Indian individuals through the development of

Indian arts and crafts and the expansion of the market for the

products of Indian art and craftsmanship. In the execution of this

function the Board shall have the following powers: (a) To

undertake market research to determine the best opportunity for the

sale of various products; (b) to engage in technical research and

give technical advice and assistance; (c) to engage in

experimentation directly or through selected agencies; (d) to

correlate and encourage the activities of the various governmental

and private agencies in the field; (e) to offer assistance in the

management of operating groups for the furtherance of specific

projects; (f) to make recommendations to appropriate agencies for

loans in furtherance of the production and sale of Indian products;

(g)(1) to create for the Board, or for an individual Indian or

Indian tribe or Indian arts and crafts organization, trademarks of

genuineness and quality for Indian products and the products of an

individual Indian or particular Indian tribe or Indian arts and

crafts organization; (2) to establish standards and regulations for

the use of Government-owned trademarks by corporations,

associations, or individuals, and to charge for such use under such

licenses; (3) to register any such trademark owned by the

Government in the United States Patent and Trademark Office without

charge and assign it and the goodwill associated with it to an

individual Indian or Indian tribe without charge; and (4) to pursue

or defend in the courts any appeal or proceeding with respect to

any final determination of that office; (h) to employ executive

officers, including a general manager, and such other permanent and

temporary personnel as may be found necessary, and prescribe the

authorities, duties, responsibilities, and tenure and fix the

compensation of such officers and other employees: Provided, That

chapter 51 and subchapter III of chapter 53 of title 5 shall be

applicable to all permanent employees and that all employees shall

be appointed in accordance with the civil-service laws from lists

of eligibles to be supplied by the Director of the Office of

Personnel Management; (i) as a Government agency to negotiate and

execute in its own name contracts with operating groups to supply

management, personnel, and supervision at cost, and to negotiate

and execute in its own name such other contracts and to carry on

such other business as may be necessary for the accomplishment of

the duties and purposes of the Board: Provided, That nothing in the

foregoing enumeration of powers shall be construed to authorize the

Board to borrow or lend money or to deal in Indian goods. For the

purposes of this section, the term "Indian arts and crafts

organization" means any legally established arts and crafts

marketing organization composed of members of Indian tribes.

-SOURCE-

(Aug. 27, 1935, ch. 748, Sec. 2, 49 Stat. 891; Oct. 28, 1949, ch.

782, title XI, Sec. 1106(a), 63 Stat. 972; 1978 Reorg. Plan No. 2,

Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3784; Pub. L.

101-644, title I, Sec. 102, Nov. 29, 1990, 104 Stat. 4662.)

-REFTEXT-

REFERENCES IN TEXT

The civil-service laws, referred to in text, are set out in Title

5, Government Organization and Employees. See, particularly,

section 3301 et seq. of Title 5.

-COD-

CODIFICATION

The proviso in clause (h) originally provided that the

Classification Act of 1923, as amended, shall be applicable to all

permanent employees except executive officers, and that all

employees other than executive officers shall be appointed in

accordance with the civil-service laws from lists of eligibles to

be supplied by the Civil Service Commission. The exception of

"executive officers" has been omitted as obsolete and superseded.

Sections 1202 and 1204 of the Classification Act of 1949, 63

Stat. 972, 973, repealed the 1923 Act and all laws or parts of laws

inconsistent with the 1949 Act. While section 1106(a) of the 1949

Act provided that references in other laws to the 1923 Act should

be held and considered to mean the 1949 Act, it did not have the

effect of continuing the exception in clause (h) because of section

1106(b) which provided that the application of the 1949 Act to any

position, officers, or employee shall not be affected by section

1106(a). The Classification Act of 1949 was repealed by Pub. L.

89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632 (of which section 1

revised and enacted Title 5, Government Organization and Employees,

into law). Section 5102 of Title 5 contains the applicability

provisions of the 1949 Act, and section 5103 of Title 5 authorizes

the Office of Personnel Management to determine the applicability

to specific positions and employees.

Such appointments are subject to the civil service laws unless

specifically excepted by such laws or by laws enacted subsequent to

Executive Order 8743, Apr. 23, 1941, issued by the President

pursuant to the Act of Nov. 26, 1940, ch. 919, title I, Sec. 1, 54

Stat. 1211, which covered most excepted positions into the

classified (competitive) civil service. The Order is set out as a

note under section 3301 of Title 5.

"Chapter 51 and subchapter III of chapter 53 of title 5"

substituted in text for "the Classification Act of 1949, as

amended" on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5.

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-644, Sec. 102(1), in first sentence,

substituted "the Secretary of the Interior through the Board" for

"the Board" and "Indian individuals" for "the Indian wards of the

Government".

Pub. L. 101-644, Sec. 102(2), in second sentence, amended cl. (g)

generally. Prior to amendment, cl. (g) read as follows: "to create

Government trade marks of genuineness and quality for Indian

products and the products of particular Indian tribes or groups; to

establish standards and regulations for the use of such trade

marks; to license corporations, associations, or individuals to use

them; and to charge a fee for their use; to register them in the

United States Patent Office without charge;".

Pub. L. 101-644, Sec. 102(3), inserted sentence at end defining

"Indian arts and crafts organization".

1949 - Act Oct. 28, 1949, substituted "Classification Act of

1949" for "Classification Act of 1923".

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

-TRANS-

TRANSFER OF FUNCTIONS

"Director of the Office of Personnel Management" substituted for

"Civil Service Commission" in cl. (h), pursuant to Reorg. Plan No.

2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under

section 1101 of Title 5, Government Organization and Employees,

which transferred functions vested by statute in Civil Service

Commission to Director of Office of Personnel Management (except as

otherwise specified), effective Jan. 1, 1979, as provided by

section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055,

set out under section 1101 of Title 5.

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4302 of this title; title

18 section 1158.

-End-

-CITE-

25 USC Sec. 305a-1 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE

-HEAD-

Sec. 305a-1. Additional powers of Board; admission fees, rent,

franchise fees and other fundraising activities; volunteers;

transfer of revenues into special fund

-STATUTE-

In fiscal year 1997 and thereafter, the Indian Arts and Crafts

Board may charge admission fees at its museums; charge rent and/or

franchise fees for shops located in its museums; publish and sell

publications; sell or rent or license use of photographs or other

images in hard copy or other forms; license the use of designs, in

whole or in part, by others; charge for consulting services

provided to others; and may accept the services of volunteers to

carry out its mission: Provided, That all revenue derived from such

activities is covered into the special fund established by section

305c of this title.

-SOURCE-

(Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I, Sec. 118],

Sept. 30, 1996, 110 Stat. 3009-181, 3009-202.)

-End-

-CITE-

25 USC Sec. 305b 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE

-HEAD-

Sec. 305b. Rules and regulations; submission to Secretary of the

Interior

-STATUTE-

The Board shall prescribe from time to time rules and regulations

governing the conduct of its business and containing such

provisions as it may deem appropriate for the effective execution

and administration of the powers conferred upon it by this Act:

Provided, That before prescribing any procedure for the

disbursement of money the Board shall advise and consult with the

General Accounting Office: Provided further, That all rules and

regulations proposed by the Board shall be submitted to the

Secretary of the Interior and shall become effective upon his

approval.

-SOURCE-

(Aug. 27, 1935, ch. 748, Sec. 3, 49 Stat. 892.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Aug. 27, 1935, ch. 748, 49

Stat. 891, as amended, which is classified generally to section 305

et seq. of this title. For complete classification of this Act to

the Code, see Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

Disbursement functions of all Government agencies, except

Departments of the Army, Navy, and Air Force and Panama Canal,

transferred to Division of Disbursements, Department of the

Treasury, by Ex. Ord. No. 6166, Sec. 4, June 10, 1933, and Ex. Ord.

No. 6728, May 29, 1934. Division subsequently consolidated with

other agencies into the Fiscal Service in Department of the

Treasury by Reorg. Plan No. III of 1940, Sec. 1(a)(1), eff. June

30, 1940, 5 F.R. 2107, 54 Stat. 1231. See section 306 of Title 31,

Money and Finance.

-End-

-CITE-

25 USC Sec. 305c 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE

-HEAD-

Sec. 305c. Appropriation

-STATUTE-

There is authorized to be appropriated out of any sums in the

Treasury not otherwise appropriated such sums as may be necessary

to defray the expenses of the Board and carry out the purposes and

provisions of this Act. All income derived by the Board from any

source shall be covered into the Treasury of the United States and

shall constitute a special fund which is appropriated and made

available until expended for carrying out the purposes and

provisions of this Act. Out of the funds available to it at any

time the Board may authorize such expenditures, consistent with the

provisions of this Act, as it may determine to be necessary for the

accomplishment of the purposes and objectives of this Act.

-SOURCE-

(Aug. 27, 1935, ch. 748, Sec. 4, 49 Stat. 892.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is act Aug. 27, 1935, ch. 748, 49

Stat. 891, as amended, which is classified generally to section 305

et seq. of this title. For complete classification of this Act to

the Code, see Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 305a-1 of this title.

-End-

-CITE-

25 USC Sec. 305c-1 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE

-HEAD-

Sec. 305c-1. Repealed. Pub. L. 87-23, Sec. 2, Apr. 24, 1961, 75

Stat. 45

-MISC1-

Section, act May 10, 1939, ch. 119, Sec. 1, 53 Stat. 699,

provided for a limitation of $10 per diem in lieu of subsistence on

amount that may be paid to members of the Indian Arts and Crafts

Board. See section 305 of this title.

-End-

-CITE-

25 USC Sec. 305d 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE

-HEAD-

Sec. 305d. Referral for criminal and civil violations; complaints;

recommendations

-STATUTE-

(a) The Board may receive complaints of violations of section

1159 of title 18 and refer complaints of such violations to the

Federal Bureau of Investigation for appropriate investigation.

After reviewing the investigation report, the Board may recommend

to the Attorney General of the United States that criminal

proceedings be instituted under that section.

(b) The Board may recommend that the Secretary of the Interior

refer the matter to the Attorney General for civil action under

section 305e of this title.

-SOURCE-

(Aug. 27, 1935, ch. 748, Sec. 5, as added Pub. L. 101-644, title I,

Sec. 103, Nov. 29, 1990, 104 Stat. 4662.)

-MISC1-

PRIOR PROVISIONS

A prior section, act Aug. 27, 1935, ch. 748, Sec. 5, 49 Stat.

892, related to counterfeiting of a trade mark and penalty, prior

to repeal by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862,

effective Sept. 1, 1948. See section 1158 of Title 18, Crimes and

Criminal Procedure.

-End-

-CITE-

25 USC Sec. 305e 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE

-HEAD-

Sec. 305e. Cause of action for misrepresentation of Indian produced

goods

-STATUTE-

(a) Injunctive or equitable relief; damages

A person specified in subsection (c) of this section may, in a

civil action in a court of competent jurisdiction, bring an action

against a person who, directly or indirectly, 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, to -

(1) obtain injunctive or other equitable relief; and

(2) recover the greater of -

(A) treble damages; or

(B) in the case of each aggrieved individual Indian, Indian

tribe, or Indian arts and crafts organization, not less than

$1,000 for each day on which the offer or display for sale or

sale continues.

For purposes of paragraph (2)(A), damages shall include any and all

gross profits accrued by the defendant as a result of the

activities found to violate this subsection.

(b) Punitive damages; attorney's fee

In addition to the relief specified in subsection (a) of this

section, the court may award punitive damages and the costs of suit

and a reasonable attorney's fee.

(c) Persons who may initiate civil actions

(1) A civil action under subsection (a) of this section may be

commenced -

(A) by the Attorney General of the United States upon request

of the Secretary of the Interior on behalf of an Indian who is a

member of an Indian tribe or on behalf of an Indian tribe or

Indian arts and crafts organization;

(B) by an Indian tribe on behalf of itself, an Indian who is a

member of the tribe, or on behalf of an Indian arts and crafts

organization; or

(C) by an Indian arts and crafts organization on behalf of

itself, or by an Indian on behalf of himself or herself.

(2) Any amount recovered pursuant to this section shall be paid

to the individual Indian, Indian tribe, or Indian arts and crafts

organization, except that -

(A) in the case of paragraph (1)(A), the Attorney General may

deduct from the amount recovered -

(i) the amount for the costs of suit and reasonable

attorney's fees awarded pursuant to subsection (b) of this

section and deposit the amount of such costs and fees as a

reimbursement credited to appropriations currently available to

the Attorney General at the time of receipt of the amount

recovered; and

(ii) the amount for the costs of investigation awarded

pursuant to subsection (b) of this section and reimburse the

Board the amount of such costs incurred as a direct result of

Board activities in the suit; and

(B) in the case of paragraph (1)(B), the amount recovered for

the costs of suit and reasonable attorney's fees pursuant to

subsection (b) of this section may be deducted from the total

amount awarded under subsection (a)(2) of this section.

(d) Definitions

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) subject to subsection (f) of this section, the terms

"Indian product" and "product of a particular Indian tribe or

Indian arts and crafts organization" has the meaning given such

term (!1) 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.

(e) Severability

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.

(f) Regulations

Not later than 180 days after November 9, 2000, the Board 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.

-SOURCE-

(Aug. 27, 1935, ch. 748, Sec. 6, as added Pub. L. 101-644, title I,

Sec. 105, Nov. 29, 1990, 104 Stat. 4664; amended Pub. L. 106-497,

Sec. 2, Nov. 9, 2000, 114 Stat. 2219.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (f), is act Aug. 27, 1935, ch.

748, 49 Stat. 891, as amended, which is classified generally to

section 305 et seq. of this title. For complete classification of

this Act to the Code, see Tables.

-MISC1-

PRIOR PROVISIONS

A prior section, act Aug. 27, 1935, ch. 748, Sec. 6, 49 Stat.

893, related to offering for sale without trade mark goods as

Indian goods, prior to repeal by acts June 25, 1948, ch. 645, Sec.

21, 62 Stat. 862; June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992,

effective Sept. 1, 1948. See section 1159 of Title 18, Crimes and

Criminal Procedure.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-497, Sec. 2(1), inserted ",

directly or indirectly," after "against a person who" in

introductory provisions and inserted at end "For purposes of

paragraph (2)(A), damages shall include any and all gross profits

accrued by the defendant as a result of the activities found to

violate this subsection."

Subsec. (c)(1)(C). Pub. L. 106-497, Sec. 2(2)(A), added subpar.

(C).

Subsec. (c)(2)(A). Pub. L. 106-497, Sec. 2(2)(B), designated

existing text as cl. (i) and added cl. (ii).

Subsec. (d)(2). Pub. L. 106-497, Sec. 2(3), inserted "subject to

subsection (f) of this section," before "the terms".

Subsec. (f). Pub. L. 106-497, Sec. 2(4), added subsec. (f).

CERTIFICATION OF INDIAN ARTISANS

Section 107 of Pub. L. 101-644 provided that: "For the purposes

of section 1159 of title 18, United States Code, and section 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. 305 et seq.) [25 U.S.C. 305e] an Indian tribe

may not impose a fee in certifying an individual as an Indian

artisan. For the purposes of this section, the term 'Indian tribe'

has the same meaning given such term in section 1159(c)(3) of title

18, United States Code."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 305d of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "terms".

-End-

-CITE-

25 USC Sec. 305f 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE

-HEAD-

Sec. 305f. Indian Arts and Crafts Board art collection

-STATUTE-

(a) Transfer of art collection and costs

Notwithstanding any other provision of law, the Secretary of the

Interior is directed to transfer all right, title and interest in

that portion of the Indian Arts and Crafts Board art collection

maintained permanently by the Indian Arts and Crafts Board in

Washington, District of Columbia, to the Secretary of the

Smithsonian Institution to be a part of the collection of the

National Museum of the American Indian, subject to subsection (b)

of this section. Transfer of the collection and costs thereof shall

be carried out in accordance with terms, conditions, and standards

mutually agreed upon by the Secretary of the Interior and the

Secretary of the Smithsonian Institution.

(b) Retention of permanent license to use of images

The Indian Arts and Crafts Board shall retain a permanent license

to the use of images of the collection for promotional, economic

development, educational and related nonprofit purposes. The Indian

Arts and Crafts Board shall not be required to pay any royalty or

fee for such license.

-SOURCE-

(Aug. 27, 1935, ch. 748, Sec. 7, as added Pub. L. 105-277, div. A,

Sec. 101(e) [title III, Sec. 356(a)], Oct. 21, 1998, 112 Stat.

2681-231, 2681-304.)

-End-

-CITE-

25 USC Sec. 306 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE

-HEAD-

Sec. 306. Expenditures for encouragement of industry and

self-support; repayment

-STATUTE-

On and after May 9, 1938, the expenditures for the purpose of

encouraging industry and self-support among the Indians and to aid

them in the culture of fruits, grains, and other crops shall be

under conditions to be prescribed by the Secretary of the Interior

for repayment to the United States on or before the expiration of

five years, except in the case of loans on irrigable lands for

permanent improvement of said lands, in which the period for

repayment may run for nor exceeding twenty years, in the discretion

of the Secretary of the Interior.

-SOURCE-

(May 9, 1938, ch. 187, Sec. 1, 52 Stat. 302.)

-End-

-CITE-

25 USC Sec. 306a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE

-HEAD-

Sec. 306a. Advances for support of old, disabled, or indigent

allottees; lien against land

-STATUTE-

On and after May 9, 1938, the Secretary of the Interior is

authorized, in his discretion and under such rules and regulations

as he may prescribe, to make advances to old, disabled, or indigent

Indian allottees, for their support, to remain a charge and lien

against their land until paid; such advances for the fiscal year

1939 to be made from the appropriations in this paragraph and those

for fiscal years thereafter to be made from appropriations

specifically available for such purposes.

-SOURCE-

(May 9, 1938, ch. 187, Sec. 1, 52 Stat. 302.)

-REFTEXT-

REFERENCES IN TEXT

This paragraph, referred to in text, means the first undesignated

paragraph contained at 52 Stat. 302, and the appropriations for

advances for the fiscal year 1939, referred to in text, were

contained in such part of the undesignated paragraph which was not

classified to the Code.

-End-

-CITE-

25 USC Secs. 307, 308 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE

-HEAD-

Secs. 307, 308. Omitted

-COD-

CODIFICATION

Section 307, acts Mar. 17, 1949, ch. 22, Sec. 1, 63 Stat. 14;

June 30, 1949, ch. 288, title I, Sec. 105, 63 Stat. 381, directed

Administrator of General Services to transfer to Secretary of the

Interior property known as Bushnell General Hospital, Brigham City,

Utah, for use of Bureau of Indian Affairs as a vocational school

for children and housing and training center for adults. Pub. L.

98-401, Aug. 27, 1984, 98 Stat. 1477, provided that when the

Secretary ceases to use the property for school purposes, he shall

publish the legal description of the property in the Federal

Register and convey the property without consideration to Brigham

City, Utah. The property was conveyed and notice was published in

50 F.R. 1636, Jan. 11, 1985.

Section 308, act Mar. 17, 1949, ch. 22, Sec. 2, 63 Stat. 14,

directed Secretary of the Interior to take over the property as

soon as Congress appropriated funds for alterations, maintenance,

and operation.

-End-

-CITE-

25 USC Sec. 309 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE

-HEAD-

Sec. 309. Vocational training program; eligibility; contracts or

agreements

-STATUTE-

In order to help adult Indians who reside on or near Indian

reservations to obtain reasonable and satisfactory employment, the

Secretary of the Interior is authorized to undertake a program of

vocational training that provides for vocational counseling or

guidance, institutional training in any recognized vocation or

trade, apprenticeship, and on the job training, for periods that do

not exceed twenty-four months, and, for nurses' training, for

periods that do not exceed thirty-six months, transportation to the

place of training, and subsistence during the course of training.

The program shall be available primarily to Indians who are not

less than eighteen and not more than thirty-five years of age and

who reside on or near an Indian reservation, and the program shall

be conducted under such rules and regulations as the Secretary may

prescribe. For the purposes of this program the Secretary is

authorized to enter into contracts or agreements with any Federal,

State, or local governmental agency, or with any private school

which has a recognized reputation in the field of vocational

education and has successfully obtained employment for its

graduates in their respective fields of training, or with any

corporation or association which has an existing apprenticeship or

on-the-job training program which is recognized by industry and

labor as leading to skilled employment, or with any school of

nursing offering a three-year course of study leading to a diploma

in nursing which is accredited by a recognized body or bodies

approved for such purpose by the Secretary.

-SOURCE-

(Aug. 3, 1956, ch. 930, Sec. 1, 70 Stat. 986; Pub. L. 88-230, Sec.

1(a), Dec. 23, 1963, 77 Stat. 471.)

-MISC1-

AMENDMENTS

1963 - Pub. L. 88-230 authorized Secretary of the Interior to

undertake a program for nurses' training for periods not exceeding

36 months and to enter into contracts with accredited schools of

nursing offering a 3-year course of study leading to a diploma in

nursing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 13e, 309a of this title.

-End-

-CITE-

25 USC Sec. 309a 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE

-HEAD-

Sec. 309a. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated for the purposes of

sections 309 and 309a of this title the sum of $25,000,000 for each

fiscal year, and not to exceed $1,500,000 of such sum shall be

available for administrative purposes.

-SOURCE-

(Aug. 3, 1956, ch. 930, Sec. 2, 70 Stat. 986; Pub. L. 87-273, Sept.

22, 1961, 75 Stat. 571; Pub. L. 88-230, Sec. 1(b), Dec. 23, 1963,

77 Stat. 471; Pub. L. 89-14, Apr. 22, 1965, 79 Stat. 74; Pub. L.

90-252, Feb. 3, 1968, 82 Stat. 4.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-252 increased appropriation from $15,000,000 to

$25,000,000.

1965 - Pub. L. 89-14 increased appropriation from $12,000,000 to

$15,000,000.

1963 - Pub. L. 88-230 increased appropriation from $7,500,000 to

$12,000,000 and amount available for administrative purposes from

$1,000,000 to $1,500,000.

1961 - Pub. L. 87-273 increased appropriation to $7,500,000 and

amount available for administrative purposes to $1,000,000.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 13e of this title.

-End-

-CITE-

25 USC Sec. 309b 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE

-HEAD-

Sec. 309b. Vocational education funds

-STATUTE-

Notwithstanding any other provision of law, funds provided by the

Bureau for adult vocational education to any vocational school (as

defined for purposes of any program of assistance to students under

the Higher Education Act of 1965 [20 U.S.C. 1001 et seq.]) may be

treated as non-Federal, private funds of such school for purposes

of any provision of Federal law which requires that non-Federal or

private funds of such school be used in a project or for a specific

purpose.

-SOURCE-

(Pub. L. 100-297, title V, Sec. 5403(c), Apr. 28, 1988, 102 Stat.

416.)

-REFTEXT-

REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in text, is Pub. L.

89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, which is

classified principally to chapter 28 (Sec. 1001 et seq.) of Title

20, Education. For complete classification of this Act to the Code,

see Short Title note set out under section 1001 of Title 20 and

Tables.

-MISC1-

EFFECTIVE DATE

For effective date and applicability of section, see section 6303

of Pub. L. 100-297, set out as an Effective Date of 1988 Amendment

note under section 1071 of Title 20, Education.

-End-

-CITE-

25 USC Sec. 310 01/06/03

-EXPCITE-

TITLE 25 - INDIANS

CHAPTER 7A - PROMOTION OF SOCIAL AND ECONOMIC WELFARE

-HEAD-

Sec. 310. Institute of American Indian and Alaska Native Culture

and Arts Development

-STATUTE-

(a)(1) To the extent of the availability of funds for such

purpose, the Secretary of the Interior shall:

(A) enter into a thirty-year agreement with the College of

Santa Fe, Santa Fe, New Mexico, to provide educational facilities

for the use of, and to develop cooperative educational/arts

programs to be carried out with the postsecondary fine arts and

museum services programs of, the Institute of American Indian and

Alaska Native Culture and Arts Development administered by the

Bureau of Indian Affairs; and

(B) conduct such activities as are necessary to improve the

facilities used by the Institute of American Indian and Alaska

Native Culture and Arts Development at the College of Santa Fe.

(2) The provisions of this subsection shall take effect on

October 1, 1984.

(b)(1) The Secretary of the Interior, acting through the Bureau

of Indian Affairs, is directed to conduct a study for the purpose

of determining the need, if any, for a museum facility to be

established for the benefit of the Institute of American Indian and

Alaska Native Culture and Arts Development, the feasibility of

establishing such museum, and the need or desirability, if any, to

establish any such museum in close proximity to the facilities

currently being used by such Institute at the College of Santa Fe.

(2) On or before February 1, 1985, the Secretary of the Interior

shall report the results of such study, together with his

recommendations, to the Congress.

(3) Should the study recommend establishment of a museum, and

should the College of Santa Fe be selected as the best site, any

agreement entered into by the Secretary of the Interior for

construction of such museum shall contain assurances, satisfactory

to the Secretary, that appropriate lands at the College of Santa Fe

will be available at no cost to the Federal Government for the

establishment of a museum facility.

-SOURCE-

(Pub. L. 98-306, Sec. 14, May 31, 1984, 98 Stat. 226; Pub. L.

99-498, title XV, Sec. 1514(c), Oct. 17, 1986, 100 Stat. 1608.)

-MISC1-

AMENDMENTS

1986 - Subsecs. (a)(1), (b)(1). Pub. L. 99-498 substituted

"Institute of American Indian and Alaska Native Culture and Arts

Development" for "Institute of American Indian Arts" wherever

appearing.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 1514(f) of Pub. L. 99-498 provided that amendment made by

Pub. L. 99-498 is effective Oct. 1, 1986.

-End-