Page:United States Statutes at Large Volume 124.djvu/2285

 124 STAT. 2259 PUBLIC LAW 111–211—JULY 29, 2010 enforcement officer receives a referral under subparagraph (A). ‘‘(2) FINDINGS.—The findings of an investigation of an alleged violation of section 1159 of title 18, United States Code, by any Federal department or agency under paragraph (1)(A) shall be submitted, as appropriate, to— ‘‘(A) a Federal or State prosecuting authority; or ‘‘(B) the Board. ‘‘(3) RECOMMENDATIONS.—On receiving the findings of an investigation under paragraph (2), the Board may— ‘‘(A) recommend to the Attorney General that criminal proceedings be initiated under section 1159 of title 18, United States Code; and ‘‘(B) provide such support to the Attorney General relating to the criminal proceedings as the Attorney Gen- eral determines to be appropriate. ‘‘(d) CIVIL ACTIONS.—In lieu of, or in addition to, any criminal proceeding under subsection (c), the Board may recommend that the Attorney General initiate a civil action under section 6.’’. (b) CAUSE OF ACTION FOR MISREPRESENTATION.—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. 305e) is amended— (1) by striking subsection (d); (2) by redesignating subsections (a) through (c) as sub- sections (b) through (d), respectively; (3) by inserting before subsection (b) (as redesignated by paragraph (2)) the following: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) INDIAN.—The term ‘Indian’ means an individual that— ‘‘(A) is a member of an Indian tribe; or ‘‘(B) is certified as an Indian artisan by an Indian tribe. ‘‘(2) INDIAN PRODUCT.—The term ‘Indian product’ has the meaning given the term in any regulation promulgated by the Secretary. ‘‘(3) INDIAN TRIBE.— ‘‘(A) IN GENERAL.—The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ‘‘(B) INCLUSION.—The term ‘Indian tribe’ includes, for purposes of this section only, an Indian group that has been formally recognized as an Indian tribe by— ‘‘(i) a State legislature; ‘‘(ii) a State commission; or ‘‘(iii) another similar organization vested with State legislative tribal recognition authority. ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior.’’; (4) in subsection (b) (as redesignated by paragraph (2)), by striking ‘‘subsection (c)’’ and inserting ‘‘subsection (d)’’; (5) in subsection (c) (as redesignated by paragraph (2))— (A) by striking ‘‘subsection (a)’’ and inserting ‘‘sub- section (b)’’; and (B) by striking ‘‘suit’’ and inserting ‘‘the civil action’’;