Page:United States Statutes at Large Volume 124.djvu/2286

 124 STAT. 2260 PUBLIC LAW 111–211—JULY 29, 2010 (6) by striking subsection (d) (as redesignated by paragraph (2)) and inserting the following: ‘‘(d) PERSONS THAT MAY INITIATE CIVIL ACTIONS.— ‘‘(1) IN GENERAL.—A civil action under subsection (b) may be initiated by— ‘‘(A) the Attorney General, at the request of the Sec- retary acting on behalf of— ‘‘(i) an Indian tribe; ‘‘(ii) an Indian; or ‘‘(iii) an Indian arts and crafts organization; ‘‘(B) an Indian tribe, acting on behalf of— ‘‘(i) the Indian tribe; ‘‘(ii) a member of that Indian tribe; or ‘‘(iii) an Indian arts and crafts organization; ‘‘(C) an Indian; or ‘‘(D) an Indian arts and crafts organization. ‘‘(2) DISPOSITION OF AMOUNTS RECOVERED.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), an amount recovered in a civil action under this section shall be paid to the Indian tribe, the Indian, or the Indian arts and crafts organization on the behalf of which the civil action was initiated. ‘‘(B) EXCEPTIONS.— ‘‘(i) ATTORNEY GENERAL.—In the case of a civil action initiated under paragraph (1)(A), the Attorney General may deduct from the amount— ‘‘(I) the amount of the cost of the civil action and reasonable attorney’s fees awarded under sub- section (c), to be deposited in the Treasury and credited to appropriations available to the Attorney General on the date on which the amount is recov- ered; and ‘‘(II) the amount of the costs of investigation awarded under subsection (c), to reimburse the Board for the activities of the Board relating to the civil action. ‘‘(ii) INDIAN TRIBE.—In the case of a civil action initiated under paragraph (1)(B), the Indian tribe may deduct from the amount— ‘‘(I) the amount of the cost of the civil action; and ‘‘(II) reasonable attorney’s fees.’’; and (7) in subsection (e), by striking ‘‘(e) In the event that’’ and inserting the following: ‘‘(e) SAVINGS PROVISION.—If’’. SEC. 103. MISREPRESENTATION OF INDIAN PRODUCED GOODS AND PRODUCTS. Section 1159 of title 18, United States Code, is amended— (1) by striking subsection (b) and inserting the following: ‘‘(b) PENALTY.—Any person that knowingly violates subsection (a) shall— ‘‘(1) in the case of a first violation by that person— ‘‘(A) if the applicable goods are offered or displayed for sale at a total price of $1,000 or more, or if the applicable goods are sold for a total price of $1,000 or more—