Title I: Indian Arts and Crafts Amendments - Indian Arts and Crafts Amendments Act of 2010 - (Sec. 102) Amends the Indian Arts and Crafts Act of 1990 to expand the authority of the Indian Arts and Crafts Board to bring criminal and civil actions for offenses under such Act involving the sale of misrepresented Indian-produced goods or products. Authorizes: (1) any federal law enforcement officer to conduct an investigation of an alleged violation of such Act occurring within the jurisdiction of the United States; and (2) the Board to refer an alleged violation to any such officer (currently, only to the Federal Bureau of Investigation [FBI]) for investigation. Permits such an officer to investigate an alleged violation regardless of whether such officer receives such a referral from the Board.
These regulations define the nature and Indian origin of productsprotected by the Indian Arts and Crafts Act of 1990 (18 U.S.C. 1159, 25U.S.C. 305 et seq.) from false representations, and specify how theIndian Arts and Crafts Board will interpret certain conduct forenforcement purposes. The Act makes it unlawful to offer or display forsale or sell any good in a manner that falsely suggests it is Indianproduced, an Indian product, or the product of a particular Indian, orIndian tribe, or Indian arts and crafts organization resident withinthe United States.
TULSA–The Inter-Tribal Council unanimously passed a resolution Friday in support of Oklahoma House Bill 2261 that proposes a change in the definition of who can sell “Indian art” under the American Indian Arts and Crafts Sales Act of 1974.
In 1935 the Indian Arts and Crafts Act was enacted, establishing the Indian Arts and Crafts Board as an entity within the Department of the Interior. A priority of the Board is to implement and enforce the act's provisions to prevent misrepresentation of unauthentic goods as genuine Indian arts and crafts. As the market for Indian arts and crafts grew and the problem of misrepresentation persisted, the act was amended to, among other things, enhance the penalty provisions and strengthen enforcement. GAO was asked to examine (1) what information exists regarding the size of the market and the extent to which items are misrepresented and (2) actions that have been taken to curtail the misrepresentation of Indian arts and crafts and what challenges, if any, exist. In addition, this report provides information on some options available to protect Indian traditional knowledge and cultural expressions. GAO analyzed documents and interviewed international, federal, state, and local officials about the arts and crafts market and enforcement of the act. GAO is making no recommendations in this report. In commenting on a draft of this report, the Departments of Commerce and Homeland Security generally agreed with the contents of the report. The Departments of Commerce, Homeland Security, the Interior, and Justice also provided technical comments which were incorporated into the report as appropriate..