§ 305a. — Promotion of economic welfare through development of arts and crafts; powers of Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC305a]
TITLE 25--INDIANS
CHAPTER 7A--PROMOTION OF SOCIAL AND ECONOMIC WELFARE
Sec. 305a. Promotion of economic welfare through development of
arts and crafts; powers of Board
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.
(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.)
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.
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.
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.
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.
Section Referred to in Other Sections
This section is referred to in section 4302 of this title; title 18
section 1158.
