Cause of action for misrepresentation of Indian produced goods

In this section: The term “Indian” means an individual that— The term “Indian product” has the meaning given the term in any regulation promulgated by the Secretary. The term “Indian tribe” has the meaning given the term in section 5304 of this title. The term “Indian tribe” includes, for purposes of this section only, an Indian group that has been formally recognized as an Indian tribe by— The term “Secretary” means the Secretary of the Interior. A person specified in subsection (d) may, in a civil action in a court of competent jurisdiction, bring an action against a person who, directly or indirectly, 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, to— recover the greater of— In addition to the relief specified in subsection (b), the court may award punitive damages and the costs of the civil action and a reasonable attorney’s fee. A civil action under subsection (b) may be initiated by— the Attorney General, at the request of the Secretary acting on behalf of— an Indian tribe, acting on behalf of— 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. In the case of a civil action initiated under paragraph (1)(A), the Attorney General may deduct from the amount— In the case of a civil action initiated under paragraph (1)(B), the Indian tribe may deduct from the amount— If any provision of this section is held invalid, it is the intent of Congress that the remaining provisions of this section shall continue in full force and effect. Not later than 180 days after November 9, 2000, the Board shall promulgate regulations to include in the definition of the term “Indian product” specific examples of such product to provide guidance to Indian artisans as well as to purveyors and consumers of Indian arts and crafts, as defined under this Act.