INDIAN ARTS AND CRAFTS BOARD, DEPARTMENT OF THE INTERIOR

[Title 25 CFR II]
[Code of Federal Regulations (annual edition) - April 1, 2004 Edition]
[Title 25 - INDIANS]
[Chapter II - INDIAN ARTS AND CRAFTS BOARD, DEPARTMENT OF THE INTERIOR]
[From the U.S. Government Printing Office]

25INDIANS12004-04-012004-04-01falseINDIAN ARTS AND CRAFTS BOARD, DEPARTMENT OF THE INTERIORIICHAPTER IIINDIANS
CHAPTER II--INDIAN ARTS AND CRAFTS BOARD, DEPARTMENT OF THE INTERIOR

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Part Page
301 Navajo, Pueblo, and Hopi silver and
turquoise products; standards........... 735
304 Navajo, Pueblo, and Hopi silver, use of
Government mark......................... 735
307 Navajo all-wool woven fabrics; use of
Government certificate of genuineness... 736
308 Regulations for use of certificates of the
Indian Arts and Crafts Board to be
attached to their trade-marks by Indian
enterprises concerned with the
production and sale of genuine
handicrafts............................. 738
309 Protection of Indian arts and crafts
products................................ 739
310 Use of Government marks of genuineness for
Alaskan Indian and Alaskan Eskimo hand-
made products........................... 745

[[Page 735]]

PART 301_NAVAJO, PUEBLO, AND HOPI SILVER AND TURQUOISE PRODUCTS; STANDARDS
--Table of Contents

Sec.
301.1 Eligibility for use of Government stamp.
301.2 Specifications of material.
301.3 Specifications of dies.
301.4 Application of dies.
301.5 Applique elements in design.
301.6 Stone for ornamentation.
301.7 Stonecutting.
301.8 Finish.

Authority: Sec. 3, 49 Stat. 892; 25 U.S.C. 305b. Interpret or apply
sec. 2, 49 Stat. 891, as amended; 25 U.S.C. 305a.

Source: The provisions of this part 301 contained in standards for
Navajo, Pueblo, and Hopi silver and turquoise products, Mar. 9, 1937,
unless otherwise noted.

Sec. 301.1 Eligibility for use of Government stamp.

Subect to the detailed requirements that follow, the Government
stamp shall be affixed only to work individually produced and to work
entirely hand-made. No object produced under conditions resembling a
bench work system, and no object in whose manufacture any power-driven
machinery has been used, shall be eligible for the use of the Government
stamp.

Sec. 301.2 Specifications of material.

Silver slugs of 1 ounce weight or other silver objects may be used,
provided their fineness is at least 900, and provided further that no
silver sheet shall be used. Unless cast, the slug or other object is to
be hand hammered to thickness and shape desired. The only exceptions
here are pins on brooches or similar objects; ear screws for earrings;
backs for tie clasps and chains which may be of silver of different
fineness and mechanically made.

Sec. 301.3 Specifications of dies.

Dies used are to be entirely hand-made, with no tools more
mechanical than hand tools and vise. Dies shall contain only a single
element of the design.

Sec. 301.4 Application of dies.

Dies are to be applied to the object with the aid of nothing except
hand tools.

Sec. 301.5 Applique elements in design.

All such parts of the ornament are to be hand-made. If wire is used,
it is to be hand-made with no tool other than a hand-made draw plate.
These requirements apply to the boxes for stone used in the design.

Sec. 301.6 Stone for ornamentation.

In addition to turquoise, the use of other local stone is permitted.
Turquoise, if used, must be genuine stone, uncolored by any artificial
means.

Sec. 301.7 Stonecutting.

All stone used, including turquoise, is to be hand-cut and polished.
This permits the use of hand- or foot-driven wheels.

Sec. 301.8 Finish.

All silver is to be hand polished.

PART 304_NAVAJO, PUEBLO, AND HOPI SILVER, USE OF GOVERNMENT MARK
--Table of Contents

Sec.
304.1 Penalties for imitation or unauthorized use.
304.2 Marking and ownership of dies.
304.3 Classifying and marking of silver.
304.4 Standards and additional requirements.
304.5 Dies to identify tribe.
304.6 Responsibility of dealer.
304.7 Eligibility of silver meeting standards.
304.8 Use of label by dealer.
304.9 Placards; display of regulations.

Authority: Sec. 3, 49 Stat. 892; 25 U.S.C. 305b. Interpret or apply
sec. 2, 49 Stat. 891, as amended; 25 U.S.C. 305a.

Source: The provisions of this part 304 contained in regulations
governing use of Government mark on Navajo, Pueblo, and Hopi silver,
April 2, 1937, unless otherwise noted.

Sec. 304.1 Penalties for imitation or unauthorized use.

The use of Government trade-marks in an unauthorized manner, or the
colorable imitation of such marks, is

[[Page 736]]

subject to the criminal penalties imposed by section 5 of the said act
(49 Stat. 892; 25 U.S.C. 305d).

Sec. 304.2 Marking and ownership of dies.

All dies used to mark silver will be provided by and owned by the
Indian Arts and Crafts Board.

Sec. 304.3 Classifying and marking of silver.

For the present the Indian Arts and Crafts Board reserves to itself
the sole right to judge what silver complying with its standards shall
bear the Government mark. All such marking of silver shall, for the
present, be done by an agent of the Indian Arts and Crafts Board.

Sec. 304.4 Standards and additional requirements.

No piece of silver, though made in compliance with the standards set
forth by the Indian Arts and Crafts Board, shall bear the Government
mark unless:
(a) Its weight is substantially in accord with Indian usage and
custom.
(b) Its design elements are substantially in accord with Indian
usage and tradition.
(c) Its workmanship is substantially that expected in good hand
craftsmanship.

Sec. 304.5 Dies to identify tribe.

Dies are marked with name of tribe. A Navajo stamp will be used
where the marker is a Navajo Indian; similarly, for Zuni, Hopi, and Rio
Grande Pueblo.

Sec. 304.6 Responsibility of dealer.

All dies will be numbered, and each wholesaler or dealer will be
held responsible for any violation of standards in silver that bears his
mark. Until such time as the Board relinquishes its sole right to mark
silver, the responsibility of the dealer for whom silver is marked will
be confined to misrepresentations as to quality of silver and of stones
used for ornament and to methods of production.

Sec. 304.7 Eligibility of silver meeting standards.

In addition to silver currently made in compliance with the
standards of the Indian Arts and Crafts Board, other silver products
made prior to the promulgation of the regulations in this part may be
stamped, provided the maker thereof is known to be an Indian, and the
product satisfies the requirements in Sec. 304.4.

Sec. 304.8 Use of label by dealer.

Any dealer offering for sale silver bearing the Government mark may,
if he wishes, attach to silver so marked a label or ticket calling
attention to the Government mark.

Sec. 304.9 Placards; display of regulations.

Every dealer offering for sale silver bearing the Government mark
may display in a prominent place a placard setting forth the standards
and the regulations in this part, such placard to be furnished by the
Indian Arts and Crafts Board.

[Regs., Apr. 2, 1937, as amended Feb. 21, 1938]

PART 307_NAVAJO ALL-WOOL WOVEN FABRICS; USE OF GOVERNMENT CERTIFICATE
OF GENUINENESS--Table of Contents

Sec.
307.1 Penalties.
307.2 Certificates of genuineness; by whom affixed.
307.3 Granting of licenses, contract, and bond requirements.
307.4 Standards for fabrics.
307.5 Hand seal press and certificates to be furnished.
307.6 Fees.
307.7 Suspension of license.
307.8 Revocation of license.
307.9 Surrender of license.
307.10 Period of license.
307.11 Certificates fastened to fabrics.
307.12 Certificates, dating, and signing thereof.
307.13 Licensee's responsibility.

Authority: Sec. 3, 49 Stat. 892 (25 U.S.C. 305b). Interpret or apply
sec. 2, 49 Stat. 891, as amended (25 U.S.C. 305a).

Source: The provisions of this part 307 contained in regulations
governing the use of Government certificate of genuineness for Navajo
all-wool woven fabrics, Oct. 20, 1937, unless otherwise noted.

[[Page 737]]

Sec. 307.1 Penalties.

The use of Government trade-marks in an unauthorized manner, or the
colorable imitation of such marks, is subject to the criminal penalties
imposed by section 5 of the said act (49 Stat. 892; 25 U.S.C. 305d),
which provides:

Any person who shall counterfeit or colorably imitate any Government
trade-mark used or devised by the Board as provided in section 305a of
this chapter, or shall, except as authorized by the Board, affix any
such Government trade-mark, or shall knowingly, willfully, and corruptly
affix any reproduction, counterfeit, copy, or colorable imitation
thereof upon any products, Indian or otherwise, or to any labels, signs,
prints, packages, wrappers, or receptacles intended to be used upon or
in connection with the sale of such products, or any person who shall
knowingly make any false statement for the purpose of obtaining the use
of any such Government trade-mark shall be guilty of a misdemeanor, and
upon conviction thereof shall be enjoined from further carrying on the
act or acts complained of and shall be subject to a fine not exceeding
$20,000, or imprisonment not exceeding six months, or both such fine and
imprisonment.

Sec. 307.2 Certificates of genuineness; by whom affixed.

Government certificates of genuineness for Navajo all-wool woven
fabrics may be affixed to fabrics meeting the conditions specified in
Sec. 307.4 by persons duly authorized to affix such certificates, under
license issued by the Indian Arts and Crafts Board.

Sec. 307.3 Granting of licenses, contract, and bond requirements.

A license may be granted to any person desiring to use the
Government certificate of genuineness for Navajo all-wool woven fabrics
who shall make application therefor and shall execute a contract
acceptable to the Indian Arts and Crafts Board providing for the use of
such certificates in conformity with the regulations in this part, which
contract shall be accompanied by an indemnity bond acceptable to the
Indian Arts and Crafts Board, in the amount of $500, conditioned upon
faithful performance of such contract.

Sec. 307.4 Standards for fabrics.

No fabric may carry the Government certificate of genuineness for
Navajo all-wool woven fabric unless all of the following conditions are
met:
(a) The fabric is made entirely of local wool that is locally hand-
spun and is entirely woven on a native Navajo loom;
(b) The fabric is made by a member of the Navajo Tribe working under
conditions not resembling a workshop or factory system;
(c) The size of the fabric is indicated in the certificate;
(d) The licensee signs the certificate.

[Regs., Oct. 20, 1937, as amended at 4 FR 2436, June 17, 1939]

Sec. 307.5 Hand seal press and certificates to be furnished.

Each licensee will be furnished, upon payment of the registration
and license fees specified in Sec. 307.6 one hand seal press and a
supply of blank Government certificates, which shall be used only in
accordance with this license, and shall remain at all times the property
of the Board.

Sec. 307.6 Fees.

Each licensee shall pay a registration fee of $2, together with a
license fee which shall be determined on the basis of $1 for each 40
Government certificates ordered by the licensee from the Board.

Sec. 307.7 Suspension of license.

In the event that complaint is made to the Board that any provision
of any license or of the regulations in this part has been violated by
any licensee, the Board may suspend the license and all authority
conferred thereby, in its discretion, for a period of 30 days, by
notifying the licensee of such suspension, by mail, by telegraph, or in
any other manner.

Sec. 307.8 Revocation of license.

In the event that the Board, after giving a licensee written notice
of charges and affording an opportunity to reply to such charges, orally
or in writing, is satisfied that any provision of any license or of the
regulations in this part has been violated by any licensee, the Board
may revoke the license by notifying the licensee of such revocation, by
mail, by telegraph, or in any other manner. Upon notice of such

[[Page 738]]

revocation all authority conferred by the license so revoked shall
forthwith terminate, but the validity of actions taken while the license
was in force shall not be affected.

Sec. 307.9 Surrender of license.

Any license may be surrendered by the licensee at any time by
surrendering to the Board the Government hand seal press and unused
certificates of genuineness entrusted to the licensee, accompanied by a
copy of the license marked ``surrendered'' and signed by the licensee.
Such surrender shall take effect as of the time that such property and
document have been received by the Board.

Sec. 307.10 Period of license.

Each license shall be in effect from the date of execution thereof
and until 1 year thereafter, unless sooner surrendered or canceled in
accordance with the foregoing provisions.

Sec. 307.11 Certificates fastened to fabrics.

Certificates shall be fastened to the woven fabric by wire caught in
a lead seal disc that shall be impressed and made fast with the hand
seal press furnished by the Indian Arts and Crafts Board.

Sec. 307.12 Certificates, dating, and signing thereof.

When the certificate is first affixed the lower of the two spaces
provided for the purpose shall be signed by the licensee. In the event
the ultimate retailer of any fabric so marked is not the person who
originally attached the certificate, that ultimate retailer may sign the
upper of the two spaces provided for the purpose and detach the original
signature.

[4 FR 2436, June 17, 1939]

Sec. 307.13 Licensee's responsibility.

Certificates may be attached only to products which are in the
ownership or possession of the licensee. Certificates will be
consecutively numbered and records of the allocation of such
certificates will be maintained by the Indian Arts and Crafts Board.
Each licensee will be held responsible for the proper use of such
certificates and of the Government hand seal press furnished to such
licensee.

PART 308_REGULATIONS FOR USE OF CERTIFICATES OF THE INDIAN ARTS

AND CRAFTS BOARD TO BE ATTACHED TO THEIR TRADE-MARKS BY INDIAN
ENTERPRISES CONCERNED WITH THE PRODUCTION AND SALE OF GENUINE
HANDICRAFTS--Table of Contents

Sec.
308.1 Penalties.
308.2 Certificates of genuineness to be attached to trade-marks.
308.3 Conditions of eligibility to attach certificates.
308.4 Revocation of privilege of attaching certificates.

Authority: Sec. 3, 49 Stat. 892 (25 U.S.C. 305b). Interpret or apply
sec. 2, 49 Stat. 891, as amended (25 U.S.C. 305a).

Source: 8 FR 8736, June 26, 1943, unless otherwise noted.

Sec. 308.1 Penalties.

Any person who shall counterfeit or colorably imitate any Government
trade-mark used or devised by the Board as provided in section 305a of
this chapter, or shall, except as authorized by the Board, affix any
such Government trade-mark, or shall knowingly, willfully, and corruptly
affix any reproduction, counterfeit, copy, or colorable imitation
thereof upon any products Indian or otherwise, or to any labels, signs,
prints, packages, wrappers, or receptacles intended to be used upon or
in connection with the sale of such products, or any person who shall
knowingly make any false statement for the purpose of obtaining the use
of any such Government trade-mark, shall be guilty of a misdemeanor, and
upon conviction thereof shall be enjoined from further carrying on the
act or acts complained of and shall be subject to a fine not exceeding
$2,000, or imprisonment not exceeding six months, or both such fine and
imprisonment.

[[Page 739]]

Sec. 308.2 Certificates of genuineness to be attached to trade-marks.

(a) To insure the widest distribution of genuine Indian handicraft
products, and to protect the various enterprises organized by individual
Indian craftsmen, or by groups of Indian craftsmen, for the purpose of
the production and sale of such handicraft products, the Indian Arts and
Crafts Board offers each such enterprise the privilege of attaching to
its trademark a certificate declaring that it is recognized by the
Indian Arts and Crafts Board as an Indian enterprise dealing in genuine
Indian-made handicraft products, and that its trade-mark has the
approval of the Board.
(b) The certificate shall consist of a border around the trade-mark
bearing the words ``Certified Indian Enterprise Genuine Handicrafts,
U.S. Indian Arts and Crafts Board, Department of the Interior,'' and
these words may be used wherever the trade-mark appears.

Sec. 308.3 Conditions of eligibility to attach certificates.

To be eligible to attach the certificate, an enterprise must meet
the following conditions:
(a) It must offer for sale only Indian-made genuine handicraft
products, i.e., objects produced by Indian craftsmen 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.
(b) It must be entirely Indian owned and organized either by
individual Indians or by groups of Indians.
(c) It must agree to apply certificates of genuineness only to such
products as meet the standards of quality prescribed by the Indian Arts
and Crafts Board at the time of the application of the enterprise for
the privilege of attaching the certificate.
(d) It must agree to obtain the approval of the Indian Arts and
Crafts Board as to the manner of production of the certificates.

Sec. 308.4 Revocation of privilege of attaching certificates.

If an enterprise, after securing the privilege of attaching the
certificates, should fail to meet the above-named conditions, the Board
reserves the right to revoke the privilege.

PART 309_PROTECTION OF INDIAN ARTS AND CRAFTS PRODUCTS--Table of Contents

Sec.
309.1 How do the regulations in this part carry out the Indian Arts and
Crafts Act of 1990?
309.2 What are the key definitions for purposes of the Act?
309.6 When does a commercial product become an Indian product?
309.7 How should a seller disclose the nature and degree of Indian labor
when selling, offering, or displaying art and craft work for
sale?
309.8 For marketing purposes, what is the recommended method of
identifying authentic Indian products?
309.9 When can non-Indians make and sell products in the style of Indian
arts and crafts?
309.10 What are some sample categories and examples of Indian products?
309.11 What are examples of jewelry that are Indian products?
309.12 What are examples of basketry that are Indian products?
309.13 What are examples of other weaving and textiles that are Indian
products?
309.14 What are examples of beadwork, quillwork, and moose hair tufting
that are Indian products?
309.15 What are examples of apparel that are Indian products?
309.16 What are examples of regalia that are Indian products?
309.17 What are examples of woodwork that are Indian products?
309.18 What are examples of hide, leatherwork, and fur that are Indian
products?
309.19 What are examples of pottery and ceramics that are Indian
products?
309.20 What are examples of sculpture, carving, and pipes that are
Indian products?
309.21 What are examples of dolls and toys that are Indian products?
309.22 What are examples of painting and other fine art forms that are
Indian products?
309.23 Does this part apply to products made before 1935?
309.24 How will statements about Indian origin of art or craft products
be interpreted?
309.25 How can an individual be certified as an Indian artisan?
309.26 What penalties apply?
309.27 How are complaints filed?

Authority: 18 U.S.C. 1159, 25 U.S.C. 305 et seq.

Source: 61 FR 54555, Oct. 21, 1996, unless otherwise noted.

[[Page 740]]

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 of members
of Indian tribes.
(d) Indian product--(1) In general. The term ``Indian product''
means any art or craft product made by an Indian. For this purpose, the
term ``made by an Indian'' means that an Indian has provided the
artistic or craft work labor necessary to implement an artistic design
through a substantial transformation of materials to produce the art or
craft work. This may include more than one Indian working together. The
labor component of the product, however, must be entirely Indian for the
Indian art or craft object to be an ``Indian product.''
(2) Illustrations. The term ``Indian product'' includes, but is not
limited to:
(i) Art made by an Indian that is in a traditional or non-
traditional style or medium;
(ii) Craft work made by an Indian that is in a traditional or non-
traditional style or medium;
(iii) Handcraft made by an Indian, i.e. an object 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) Examples of non-qualifying products. An ``Indian product'' under
the Act does not include any of the following, for example:
(i) A product in the style of an Indian art or craft product made by
non-Indian labor;
(ii) A product in the style of an Indian art or craft product that
is designed by an Indian but produced by non-Indian labor;
(iii) A product in the style of an Indian art or craft product that
is assembled from a kit;
(iv) A product in the style of an Indian art or craft product
originating from a commercial product, without substantial
transformation provided by Indian artistic or craft work labor;
(v) Industrial products, which for this purpose are defined as goods
that have an exclusively functional purpose, do not serve as a
traditional artistic medium, and that do not lend themselves to Indian
embellishment, such as appliances and vehicles. An industrial product
may not become an Indian product.
(vi) A product in the style of an Indian art or craft product that
is produced in an assembly line or related production line process using
multiple workers not all whom are Indians. For example, if twenty people
make up the labor to create the product(s), and one person is not
Indian, the product is not an ``Indian product.''
(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

[[Page 741]]

named Indian arts and crafts organization.

[61 FR 54555, Oct. 21, 1996; 61 FR 57002, Nov. 5, 1996, as amended at 68
FR 35169, June 12, 2003]

Sec. 309.6 When does a commercial product become an Indian product?

In addressing Indian embellishments to originally commercial
products, the Indian labor expended to add art or craft work to those
objects must be sufficient to substantially transform the qualities and
appearance of the original commercial item. ``Commercial products,''
under this part, are consumer goods designed for profit and mass
distribution that lend themselves to Indian embellishment, for example
clothing and accessories. Through substantial transformation due to
Indian labor, a product changes from a commercial product to an Indian
product. Examples of formerly commercial products that become Indian
products include tennis shoes to which an Indian applies beadwork and
denim jackets to which an Indian applies ribbon appliqu[eacute]s.

[68 FR 35170, June 12, 2003]

Sec. 309.7 How should a seller disclose the nature and degree of Indian
labor when selling, offering, or displaying art and craft work for sale?

The Indian Arts and Crafts Act is a truth-in-marketing law. Those
who produce and market art and craft work should honestly represent and
clarify the degree of Indian involvement in the production of the art
and craft work when it is sold, displayed or offered for sale. The
following guidelines illustrate the way in which art and craft work may
be characterized for marketing purposes and gives examples of products
that may be marketed as Indian products.

------------------------------------------------------------------------
If . . . then . . .
------------------------------------------------------------------------
(a) An Indian conceives, designs, and it is an ``Indian product.''
makes the art or craft work.
(b) An Indian produces a product that is it can be marketed as such
``handcrafted,'' as explained in and it meets the definition
309.3(d)(iii). of ``Indian product.''
(c) An Indian makes an art or craft work it is ``Indian made'' and
using some machine made parts. meets the definition of
``Indian product.''
(d) An Indian designs a product, such as a it does not meet the
bracelet, which is then produced by non- definition of ``Indian
Indians. product'' under the Act.
(e) A product, such as jewelry, is made it does not meet the
with non-artistic Indian labor, from definition of ``Indian
assembled or ``fit together parts''. product'' under the Act.\1\
(f) A product in the style of an Indian it does not meet the
product is assembled by non-Indian labor definition of ``Indian
from a kit. product'' under the Act.
(g) A product is in the style of an Indian it does not meet the
art or craft product, but not made by an definition of ``Indian
Indian. product'' under the Act.
(h) An Indian and a non-Indian jointly less than all of the labor
undertake the art or craft work to is Indian and hence it does
produce an art or craft product, for not meet the definition of
example a concho belt. ``Indian product'' under
the Act.\2\
------------------------------------------------------------------------
\1\ For example, a necklace strung with overseas manufactured fetishes
or heshi. If an Indian assembled the necklace, in keeping with the
truth-in-marketing focus of the Act, it can be marketed as ``Indian
assembled.'' It does not meet the definition of ``Indian product''
under the Act. Similarly, if a product, such as a dream catcher is
assembled by an Indian from a kit, it can be marketed as ``Indian
assembled.'' It does not meet the definition of ``Indian product''
under the Act.
\2\ In order to be an ``Indian product,'' the labor component of the
product must be entirely Indian. In keeping with this truth-in-
marketing law, a collaborative work should be marketed as such.
Therefore, it should be marketed as produced by ``X'' (name of artist
or artisan), ``Y'' (Tribe of individual's enrollment) or (name of
Tribe providing official written certification the individual is a non-
member Indian artisan and date upon which such certification was
issued by the Tribe), and ``Z'' (name of artist or artisan with no
Tribe listed) to avoid providing false suggestions to consumers.

[68 FR 35170, June 12, 2003]

Sec. 309.8 For marketing purposes, what is the recommended method of
identifying authentic Indian products?

(a) The recommended method of marketing authentic Indian products is
to include the name of the artist or artisan, the name of the Tribe in
which the artist or artisan is enrolled, and the individual's Tribal
enrollment number. If the individual is a certified non-member Indian
artisan, rather than an enrolled Tribal member, the product
identification should include the name of the Tribe providing official
written certification that the individual is a non-member Indian artisan
and the date upon which such certification was issued by the Tribe. In
order for an individual to be certified by an Indian Tribe as a non-
member Indian artisan, the individual must be of Indian lineage of one
or more members of such Indian Tribe and the certification must be
issued in writing by the governing

[[Page 742]]

body of an Indian Tribe or by a certifying body delegated this function
by the governing body of the Indian Tribe.
(b) For example, the Indian product should include a label, hangtag,
provenance card, or similar identification that includes W (name of the
artist or artisan), and X (name of the Tribe in which the individual is
enrolled) and Y (individual's Tribal enrollment number), or a statement
that the individual is a certified non-member Indian artisan of Z (name
of the Tribe providing certification and the date upon which the
certification was issued by the Tribe).

[68 FR 35170, June 12, 2003]

Sec. 309.9 When can non-Indians make and sell products in the style
of Indian arts and crafts?

A non-Indian can make and sell products in the style of Indian art
or craft products only if the non-Indian or other seller does not
falsely suggest to consumers that the products have been made by an
Indian.

[68 FR 35170, June 12, 2003]

Sec. 309.10 What are some sample categories and examples of Indian
products?

What constitutes an Indian product is potentially very broad.
However, to provide guidance to persons who produce, market, or purchase
items marketed as Indian products, Sec. Sec. 309.11 through 309.22
contain a sample listing of ``specific examples'' of objects that meet
the definition of Indian products. There is some repetition, due to the
interrelated nature of many Indian products when made by Indian artistic
labor. The lists in these sections contain examples and are not intended
to be all-inclusive. Additionally, although the Indian Arts and Crafts
Act of 1990 and the Indian Arts and Crafts Enforcement Act of 2000 do
not address materials used in Indian products, some materials are
included for their descriptive nature only. This is not intended to
restrict materials used or to exclude materials not listed.

[68 FR 35170, June 12, 2003]

Sec. 309.11 What are examples of jewelry that are Indian products?

(a) Jewelry and related accessories made by an Indian using a wide
variety of media, including, but not limited to, silver, gold,
turquoise, coral, lapis, jet, nickel silver, glass bead, copper, wood,
shell, walrus ivory, whale baleen, bone, horn, horsehair, quill, seed,
and berry, are Indian products.
(b) Specific examples include, but are not limited to: ivory and
baleen scrimshaw bracelets, abalone shell necklaces, nickel silver
scissortail pendants, silver sand cast bracelets, silver overlay bolos,
turquoise channel inlay gold rings, cut glass bead rosette earrings,
wooden horse stick pins, and medicine wheel quilled medallions.

[68 FR 35170, June 12, 2003]

Sec. 309.12 What are examples of basketry that are Indian products?

(a) Basketry and related weavings made by an Indian using a wide
variety of media, including, but not limited to, birchbark, black ash,
brown ash, red cedar, yellow cedar, alder, vine maple, willow, palmetto,
honeysuckle, river cane, oak, buck brush, sumac, dogwood, cattail, reed,
raffia, horsehair, pine needle, spruce root, rye grass, sweet grass,
yucca, bear grass, beach grass, rabbit brush, fiber, maidenhair fern,
whale baleen, seal gut, feathers, shell, devil's claw, and porcupine
quill, are Indian products.
(b) Specific examples include, but are not limited to: double weave
river cane baskets, yucca winnowing trays, willow burden baskets,
honeysuckle sewing baskets, black ash picnic baskets, cedar capes and
dresses, pine needle/raffia effigy baskets, oak splint and braided sweet
grass fancy baskets, birchbark containers, baleen baskets, rye grass
dance fans, brown ash strawberry baskets, sumac wedding baskets, cedar
hats, fiber basket hats, yucca wicker basketry plaques, and spruce root
tobacco pouches.

[68 FR 35170, June 12, 2003]

Sec. 309.13 What are examples of other weaving and textiles that are
Indian products?

(a) Weavings and textiles made by an Indian using a wide variety of
media,

[[Page 743]]

including, but not limited to, cornhusk, raffia, tule, horsehair,
cotton, wool, fiber, linen, rabbit skin, feather, bison fur, and qiviut
(musk ox) wool, are Indian products.
(b) Specific examples include, but are not limited to: corn husk
bags, twined yarn bags, cotton mantas, willow cradle boards, horsehair
hatbands, Chiefs Blankets, Two Grey Hills rugs, horse blankets, finger
woven sashes, brocade table runners, star quilts, pictorial
appliqu[eacute] wall hangings, fiber woven bags, embroidered dance
shawls, rabbit skin blankets, and feather blankets.

[68 FR 35170, June 12, 2003]

Sec. 309.14 What are examples of beadwork, quillwork, and moose hair
tufting that are Indian products?

(a) Beadwork, quillwork, and moose hair tufting made by an Indian to
decorate a wide variety of materials, including, but not limited to,
bottles, baskets, bags, pouches, and other containers; belts, buckles,
jewelry, hatbands, hair clips, barrettes, bolos, and other accessories;
moccasins, vests, jackets, and other articles of clothing; and dolls and
other toys and collectibles, are Indian products.
(b) Specific examples include, but are not limited to: quilled pipe
stems, loom beaded belts, pictorial bags adorned with cut glass beads,
deer skin moccasins decorated with moose hair tufting, beaded miniature
dolls, and quilled and beaded amulets.

[68 FR 35170, June 12, 2003]

Sec. 309.15 What are examples of apparel that are Indian products?

(a) Apparel made or substantially decorated by an Indian, including,
but not limited to, parkas, jackets, coats, moccasins, boots, slippers,
mukluks, mittens, gloves, gauntlets, dresses, and shirts, are Indian
products.
(b) Specific examples include, but are not limited to: seal skin
parkas, ribbon appliqu[eacute] dance shawls, smoked moose hide slippers,
deer skin boots, patchwork jackets, calico ribbon shirts, wing dresses,
and buckskin shirts.

[68 FR 35170, June 12, 2003]

Sec. 309.16 What are examples of regalia that are Indian products?

(a) Regalia are ceremonial clothing, modern items with a traditional
theme, and accessories with historical significance made or
significantly decorated by an Indian, including, but not limited to,
that worn to perform traditional dances, participate in traditional
socials, used for dance competitions, and worn on special occasions of
tribal significance. If these items are made or significantly decorated
by an Indian, they are Indian products.
(b) Specific examples include, but are not limited to: hide
leggings, buckskin dresses, breech cloths, dance shawls, frontlets,
shell dresses, button blankets, feather bustles, porcupine roaches,
beaded pipe bags, nickel silver stamped armbands, quilled breast plates,
coup sticks, horse sticks, shields, headdresses, dance fans, and
rattles.

[68 FR 35170, June 12, 2003]

Sec. 309.17 What are examples of woodwork that are Indian products?

(a) Woodwork items made by an Indian, including, but not limited to,
sculpture, drums, furniture, containers, hats, and masks, are Indian
products.
(b) Specific examples include, but are not limited to: hand drums,
totem poles, animal figurines, folk carvings, kachinas, embellished long
house posts, clan house carved doors, chairs, relief panels, bentwood
boxes, snow goggles, red and yellow cedar seagoing canoe paddles,
hunting hats, spirit masks, bows and arrows, atlatls, redwood dug out
canoes, war clubs, flutes, dance sticks, talking sticks, shaman staffs,
cradles, decoys, spiral pipe stems, violins, Native American Church
boxes, and maple ladles, spoons, and soup bowls.

[68 FR 35170, June 12, 2003]

Sec. 309.18 What are examples of hide, leatherwork, and fur that are
Indian products?

(a) Hide, leatherwork, and fur made or significantly decorated by an
Indian, including, but not limited to, parfleches, tipis, horse
trappings and

[[Page 744]]

tack, pouches, bags, and hide paintings, are Indian products.
(b) Specific examples include, but are not limited to: narrative
painted hides, martingales, saddles, bonnet cases, drapes, quirts,
forelocks, rosettes, horse masks, bridles, head stalls, cinches, saddle
bags, side drops, harnesses, arm bands, belts, and other hand crafted
items with studs and tooling.

[68 FR 35170, June 12, 2003]

Sec. 309.19 What are examples of pottery and ceramics that are Indian
products?

(a) Pottery, ceramics, and related arts and crafts items made or
significantly decorated by an Indian, including, but not limited to, a
broad spectrum of clays and ceramic material, are Indian products.
(b) Specific examples include, but are not limited to: ollas, pitch
vessels, pipes, raku bowls, pitchers, canteens, effigy pots, wedding
vases, micaceous bean pots, seed pots, masks, incised bowls, blackware
plates, redware bowls, polychrome vases, and storytellers and other
figures.

[68 FR 35170, June 12, 2003]

Sec. 309.20 What are examples of sculpture, carving, and pipes that are
Indian products?

(a) Sculpture, carving, and pipes made by an Indian, including, but
not limited to, wood, soapstone, alabaster, pipestone, argillite,
turquoise, ivory, baleen, bone, antler, and shell, are Indian products.
(b) Specific examples include, but are not limited to: kachina
dolls, fetishes, animal figurines, pipestone pipes, moose antler combs,
argillite bowls, ivory cribbage boards, whalebone masks, elk horn
purses, and clamshell gorgets.

[68 FR 35170, June 12, 2003]

Sec. 309.21 What are examples of dolls and toys that are Indian products?

Dolls, toys, and related items made by an Indian, including, but not
limited to, no face dolls, corn husk dolls, patchwork and palmetto
dolls, reindeer horn dolls, lacrosse sticks, stick game articles,
gambling sticks, gaming dice, miniature cradle boards, and yo-yos, are
Indian products.

[68 FR 35170, June 12, 2003]

Sec. 309.22 What are examples of painting and other fine art forms that
are Indian products?

Painting and other fine art forms made by an Indian including but,
not limited to, works on canvas, photography, sand painting, mural,
computer generated art, graphic art, video art work, printmaking,
drawing, bronze casting, glasswork, and art forms to be developed in the
future, are Indian products.

[68 FR 35170, June 12, 2003]

Sec. 309.23 Does this part apply to products made before 1935?

The provisions of this part do not apply to any art or craft
products made before 1935.

[68 FR 35170, June 12, 2003]

Sec. 309.24 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 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 of 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;

[[Page 745]]

(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.
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.

[61 FR 54555, Oct. 21, 1996; 61 FR 57002, Nov. 5, 1996. Redesignated at
68 FR 35170, June 12, 2003]

Sec. 309.25 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.

[61 FR 54555, Oct. 21, 1996. Redesignated at 68 FR 35170, June 12, 2003]

Sec. 309.26 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.

[61 FR 54555, Oct. 21, 1996. Redesignated at 68 FR 35170, June 12, 2003]

Sec. 309.27 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.

[61 FR 54555, Oct. 21, 1996. Redesignated at 68 FR 35170, June 12, 2003]

PART 310_USE OF GOVERNMENT MARKS OF GENUINENESS FOR ALASKAN INDIAN AND
ALASKAN ESKIMO HAND-MADE PRODUCTS--Table of Contents

Sec.
310.1 Penalties.

Alaskan Indian

310.2 Certificates of genuineness, authority to affix.
310.3 Conditions.
310.4 Application of mark.

Alaskan Eskimo

310.5 Certificates of genuineness, authority to affix.
310.6 Conditions.
310.7 Application of mark.

Authority: Sec. 3, 49 Stat. 892; 25 U.S.C. 305b. Interpret or apply
sec. 2, 49 Stat. 891, as amended; 25 U.S.C. 305a.

Source: 4 FR 515, Feb. 4, 1939, unless otherwise noted.

Sec. 310.1 Penalties.

Any person who shall counterfeit or colorably imitate any Government
trade-

[[Page 746]]

mark used or devised by the Board as provided in section 305a of this
chapter, or shall, except as authorized by the Board, affix any such
Government trade-mark, or shall knowingly, willfully, and corruptly
affix any reproduction, counterfeit, copy, or colorable imitation
thereof upon any products, Indian or otherwise, or to any labels, signs,
prints, packages, wrappers, or receptacles intended to be used upon or
in connection with the sale of such products, or any person who shall
knowingly make any false statement for the purpose of obtaining the use
of any such Government trade-mark, shall be guilty of a misdeameanor,
and upon conviction thereof shall be enjoined from further carrying on
the act or acts complained of and shall be subject to a fine not
exceeding $2,000 or imprisonment not exceeding six months or both such
fine and imprisonment.

Alaskan Indian

Sec. 310.2 Certificates of genuineness, authority to affix.

Government marks of genuineness for Alaskan Indian hand-made
products may be affixed to articles meeting the conditions specified in
Sec. 310.3 by persons duly authorized by the Indian Arts and Crafts
Board to affix such marks.

Sec. 310.3 Conditions.

No article may carry the Government mark of genuineness for Alaskan
Indian hand-made products unless all of the following conditions are
met:
(a) The article is hand-made by an Alaskan Indian.
(b) The article is hand-made under conditions not resembling a
workshop or factory system.
(c) All raw materials used in carving, basketry and mat making, and
all furs and hides used in the manufacture of hand-made artifacts, must
be of native origin.

Sec. 310.4 Application of mark.

All marks shall be applied to the article with a rubber stamp to be
furnished by the Indian Arts and Crafts Board. Each stamp shall bear a
distinctive letter and may be used only by the person to whom it has
been issued. With the addition of the distinctive letter, each stamp
shall read:

( )

Hand-Made

Alaskan Indian

U S

Indian Arts & Crafts Board

I D

or, in the case of articles too small to carry this stamp:

( )

U S I D

Alaskan Indian

On baskets and fabrics which offer no surface for the application of
such a rubber stamp, the stamp shall be placed on a paper tag attached
to the article by a wire caught in a lead seal disc that shall be
impressed and made fast with a hand seal press furnished by the Indian
Arts and Crafts Board.

Alaskan Eskimo

Sec. 310.5 Certificates of genuineness, authority to affix.

Government marks of genuineness for Alaskan Eskimo hand-made
products may be affixed to articles meeting the conditions specified in
Sec. 310.6 by persons duly authorized by the Indian Arts and Crafts
Board to affix such marks.

Sec. 310.6 Conditions.

No article may carry the Government mark of genuineness for Alaskan
Eskimo hand-made products unless all of the following conditions are
met:
(a) The article is hand-made by an Alaskan Eskimo.
(b) The article is hand-made under conditions not resembling a
workshop or factory system.
(c) All raw materials used in the making of the articles are of
native origin except:
(1) Commercial fasteners.
(2) Calfskin trimmings for decorative borders on parkas and mukluks.
(3) Tops for mukluks made of commercial fabric.
(4) Commercially made draw-cords for mukluks.

[[Page 747]]

(5) Commercial fabrics for parka linings.
(6) Sewing thread and glass beads.

Sec. 310.7 Application of mark.

( )

Hand-Made

Alaskan Eskimo

U S

Indian Arts & Crafts Board

I D

or, in the case of articles too small to carry this stamp:

( )

U S I D

Alaskan Eskimo

[[Page 749]]