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CHAPTER II-INDIAN ARTS AND CRAFTS BOARD

DEPARTMENT OF THE INTERIOR

Part 301 304 307 308

Navajo, Pueblo, and Hopi silver and turquoise products; standards.
Navajo, Pueblo, and Hopi silver, use of Government mark.
Navajo all-wool woven fabrics; use of Government certificate of genuineness.
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. Use of Government marks of genuineness for Alaskan Indian and Alaskan

Eskimo hand-made products.

310

PART 301-NAVAJO, PUEBLO, AND used, shall be eligible for the use of the HOPI SILVER AND TURQUOISE

Government stamp. PRODUCTS; STANDARDS

§ 301.2 Specifications of material. Sec.

Silver slugs of 1 ounce weight or other 801.1 Eligibility for use of Government silver objects may be used, provided their stamp.

fineness is at least 900, and provided fur301.2 Specifications of material.

ther that no silver sheet shall be used. 301.3 Specifications of dies.

Unless cast, the slug or other object is 301.4 Application of dies.

to be hand hammered to thickness and 301.5 Applique elements in design. 301.6 Stone for ornamentation.

shape desired. The only exceptions here 301.7 Stonecutting.

are pins on brooches or similar ects; 301.8 Finish.

ear screws for ear rings; backs for tie AUTHORITY: The provisions of this Part 301

clasps and chains which may be of silver issued under sec. 3, 49 Stat. 892; 25 U.S.C.

of different fineness and mechanically 305b. Interpret or apply sec. 2, 49 Stat. 891,

made. as amended; 25 U.S.C. 305a.

§ 301.3 Specifications of dies. SOURCE: The provisions of this Part 301 contained in standards for Navajo, Pueblo,

Dies used are to be entirely hand-made, and Hopi silver and turquoise products, Mar.

with no tools more mechanical than hand 9, 1937, unless otherwise noted.

tools and vise. Dies shall contain only a

single element of the design. $ 301.1 Eligibility for use of Govern

$ 301.4 Application of dies. ment stamp. Subject to the detailed require

Dies are to be applied to the object with ments that follow, the Government

the aid of nothing except hand tools. stamp shall be afixed only to work indi

8 301.5 Applique elements in design. vidually produced and to work entirely hand-made. No object produced under

All such parts of the ornament are to conditions resembling a bench work sys- be hand-made. If wire is used, it is to be tem, and no object in whose manufacture hand-made with no tool other than & any power-driven machinery has been hand-made draw plate. These requirements apply to the boxes for stone used ment mark. All such marking of silver in the design.

shall, for the present, be done by an

agent of the Indian Arts and Crafts 8 301.6 Stone for ornamentation.

Board. In addition to turquoise, the use of other local stone is permitted. Tur

$ 304.4 Standards and additional requoise, if used, must be genuine stone,

quirements. uncolored by any artificial means.

No piece of silver, though made in

compliance with the standards set forth § 301.7 Stonecutting.

by the Indian Arts and Crafts Board, All stone used, including turquoise, is shall bear the Government mark unless: to be hand-cut and polished. This per- (a) Its weight is substantially in acmits the use of hand- or foot-driven cord with Indian usage and custom. wheels.

(b) Its design elements are substan$ 301.8 Finish.

tially in accord with Indian usage and

tradition. All silver is to be hand polished.

(c) Its workmanship is substantially

that expected in good hand craftsmanPART 304—NAVAJO, PUEBLO, AND ship.

HOPI SILVER, USE OF GOVERN- 8 304.5 Dies to identify tribe.
MENT MARK

Dies are marked with name of tribe. Sec.

A Navajo stamp will be used where the 304.1 Penalties for imitation or unauthor- marker is a Navajo Indian; similarly, for ized use.

Zuni, Hopi, and Rio Grande Pueblo. 904.2 Marking and ownership of dies. 304.3 Classifying and marking of silver. $ 304.6 Responsibility of dealer. 804.4 Standards and additional require

All dies will be numbered, and each ments. 804.5 Dies to identify tribe.

wholesaler or dealer will be held respon304.6 Responsibility of dealer.

sible for any violation of standards in 304.7 Eligibility of silver meeting standards. silver that bears his mark. Until such 304.8 Use of label by dealer.

time as the Board relinquishes its sole 804.9 Placards; display of regulations.

right to mark silver, the responsibility of AUTHORITY: The provisions of this Part 304

the dealer for whom silver is marked issued under sec, 3, 49 Stat. 892; 25 U.S.C. will be confined to misrepresentations as 305b. Interpret or apply sec. 2, 49 Stat. 891, to quality of silver and of stones used as amended; 25 U.S.C. 305a.

for ornament and to methods of producSOURCE: The provisions of this Part 304

tion. contained in regulations governing use of

8 304.7 Eligibility of silver meeting Government mark on Navajo, Pueblo, and Hopi silver, April 2, 1937, unless otherwise

standards. noted.

In addition to silver currently made § 304.1 Penalties for imitation or un

in compliance with the standards of the authorized use.

Indian Arts and Crafts Board, other sil

ver products made prior to the promulgaThe use of Government trade-marks in tion of the regulations in this part may an unauthorized manner, or the colorable be stamped, provided the maker thereof imitation of such marks, is subject to the is known to be an Indian, and the prod. criminal penalties imposed by section 5 uct satisfies the requirements in § 304.4. of the said act (49 Stat. 892; 25 U.S.C. 305d).

$ 304.8 Use of label by dealer. § 304.2 Marking and ownership of dies.

Any dealer offering for sale silver bear

ing the Government mark may, if he All dies used to mark silver will be wishes, attach to silver so marked a label provided by and owned by the Indian or ticket calling attention to the GovArts and Crafts Board.

ernment mark. 8 304.3 Classifying and marking of 8 304.9 Placards; display of regulations. silver.

Every dealer offering for sale silFor the present the Indian Arts ver bearing the Government mark may and Crafts Board reserves to itself the display in a prominent place a placard sole right to judge what silver complying setting forth the standards and the reguwith its standards shall bear the Govern. lations 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 GOV-
ERNMENT CERTIFICATE OF GENU-

INENESS Sec. 807.1 Penalties. 307.2 Certificates of genuineness; by whom

affixed. 307.3 Granting of licenses, contract and

bond requirements. 807.4 Standards for fabrics. 807.5 Hand seal press and certificates to be

furnished 307.6 Fees. 807.7 Suspension of license. 307.8 Revocation of license. 807.9 Surrender of license. 807.10 Period of license. 307.11 Certificates fastened to fabrics. 307.12 Certificates, dating and signing

thereof. 307.18 Licensee's responsibility.

AUTHORITY: The provisions of this part 307 issued under 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. $ 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 trademark used or devised by the Board as provided in section 305& of this chapter, or shall, except as authorized by the Board, afix any such Government trade-mark, or shall knowingly, willfully, and corruptly afix 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 shali 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 ex

ceeding six months, or both such ane and imprisonment. § 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 § 307.4 by persons duly authorized to afix such certificates, under license issued by the Indian Arts and Crafts Board. § 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. § 307.4 Standards for fabrics.

No fabric may carry the Government certificate of genuineness for Navajo allwool 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, 1987, as amended at 4 F. R. 2436, June 17, 1989) § 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 § 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. 8 307.6 Fees.

Each licensee shall pay à registration fee of $2, together with a 11cense fee which shall be determined

on the basis of $1 for each 40 Govern. the licensee. In the event the ultimate ment certificates ordered by the licensee retailer of any fabric so marked is not from the Board.

the person who originally attached the § 307.7 Suspension of license.

certificate, that ultimate retailer may

sign the upper of the two spaces provided In the event that complaint is made to

for the purpose and detach the original the Board that any provision of any li

signature. cense or of the regulations in this part

[4 F. R. 2436, June 17, 1939) has been violated by any licensee, the Board may suspend the license and all $ 307.13 Licensee's responsibility. authority conferred thereby, in its discre- Certificates may be attached only to tion, for a period of 30 days, by notifying products which are in the ownership or the licensee of such suspension, by mail, possession of the licensee. Certificates by telegraph, or in any other manner. will be consecutively numbered and rec§ 307.8 Revocation of license.

ords of the allocation of such certificates

will be maintained by the Indian Arts In the event that the Board, after giv

and Crafts Board. Each licensee will be ing a licensee written notice of charges and affording an opportunity to reply to

held responsible for the proper use of

such certificates and of the Government such charges, orally or in writing, is satis

such fied that any provision of any license or of

hand seal press furnished to

licensee. the regulations in this part has been violated by any licensee, the Board may revoke the license by notifying the licensee

PART 308-REGULATIONS FOR USE of such revocation, by mail, by telegraph, OF CERTIFICATES OF THE INDIAN or in any other manner. Upon notice of ARTS AND CRAFTS BOARD TO BE such revocation all authority conferred

ATTACHED TO THEIR TRADEby the license so revoked shall forthwith

MARKS BY INDIAN ENTERPRISES terminate, but the validity of actions taken while the license was in force shall

CONCERNED WITH THE PRODUCnot be affected.

TION AND SALE OF GENUINE 8 307.9 Surrender of license.

HANDICRAFTS Any license may be surrendered by the

Sec. licensee at any time by surrendering to

308.1 Penalties. the Board the Government hand seal

308.2 Certificates of genuineness to be at

tached to trade-marks. press and unused certificates of genuine

308.3 Conditions of eligibility to attach ness entrusted to the licensee, accom

certificates. panied by a copy of the license marked 308.4 Revocation of privilege of attaching "surrendered" and signed by the licensee.

certificates. Such surrender shall take effect as of the

AUTHORITY: The provisions of this Part 308 time that such property and document

issued under sec. 3, 49 Stat. 892; 25 U.S.C. have been received by the Board.

305b. Interpret or apply sec. 2, 49 Stat. 891, § 307.10 Period of license.

as amended; 25 U.S.C. 305a. Each license shall be in effect from the

SOURCE: The provisions of this Part 308 date of execution thereof and until 1

appear at 8 F.R. 8736, June 26, 1943, unless

otherwise noted. year thereafter, unless sooner surrendered or canceled in accordance with the § 308.1 Penalties. foregoing provisions.

The use of Government trade-marks & 307.11 Certificates fastened to fabrics.

in an unauthorized manner, or the color

able imitation of such marks, is subject Certificates shall be fastened to

to the criminal penalties imposed by secthe woven fabric by wire caught in a

tion 5 of the said act (49 Stat. 892; 25 lead seal disc that shall be impressed and made fast with the hand seal press

U.S.C. 305d), which provides: furnished by the Indian Arts and Crafts

Any person who shall counterfeit or colorBoard.

ably imitate any Government trade-mark

used or devised by the Board as provided in § 307.12 Certificates, dating and signing section 305a of this chapter, or shall, except thereof.

as authorized by the Board, afix any such

Government trade-mark, or shall knowingly, When the certificate is first affixed

willfully, and corruptly afix any reproducthe lower of the two spaces pro- tion, counterfeit, copy, or colorable imitation vided for the purpose shall be signed by thereof upon any products Indian or other

wise, or to any labels, signs, prints, pack- Board as to the manner of production ages, wrappers, or receptacles intended to be

of the certificates. used upon or in connection with the sale of such products, or any person who shall § 308.4 Revocation of privilege of atknowingly make any false statement for the taching certificates. purpose of obtaining the use of any such

If an enterprise, after securing the Government trade-mark, shall be guilty of a

privilege of attaching the certificates, misdemeanor, and upon conviction thereof

should fail to meet the above-named conshall be enjoined from further carrying on the act or acts complained of and shall be

ditions, the Board reserves the right to subject to a fine not exceeding $2,000, or im

revoke the privilege. prisonment not exceeding six months, or both such fine and imprisonment.

PART 310-USE OF GOVERNMENT 8 308.2 Certificates of genuineness to be MARKS OF GENUINENESS FOR attached to trade-marks.

ALASKAN INDIAN AND ALASKAN (a) To insure the widest distribution of ESKIMO HAND-MADE PRODUCTS genuine Indian handicraft products, and

Sec. to protect the various enterprises or

310.1 Penalties. ganized by individual Indian craftsmen,

ALASKAN INDIAN or by groups of Indian craftsmen, for the purpose of the production and sale of 310.2 Certificates of genuineness, authority

to affix. such handicraft products, the Indian

310.3 Conditions. Arts and Crafts Board offers each such

310.4 Application of mark. enterprise the privilege of attaching to

ALASKAN ESKIMO its trademark a certificate declaring that it is recognized by the Indian Arts and 310.5 Certificates of genuineness, authority

to affix. Crafts Board as an Indian enterprise

310.6 Conditions. dealing in genuine Indian-made handi

310.7 Application of mark. craft products, and that its trade-mark has the approval of the Board.

AUTHORITY: The provisions of this part 810

issued under sec. 3, 49 Stat. 892; 25 U.S.C. (b) The certificate shall consist of a

305b. Interpret or apply sec. 2, 49 Stat. 891, border around the trade-mark bearing

as amended; 25 U.S.C. 305a. the words “Certified Indian Enterprise,

SOURCE: The provisions of this part 310 Genuine Handicrafts, U. S. Indian Arts

appear at 4 F.R. 515, Feb. 4, 1939, unless otherand Crafts Board, Department of the

wise noted. Interior,” and these words may be used wherever the trade-mark appears.

§ 310.1 Penalties. & 308.3 Conditions of eligibility to at

The use of Government trade-marks tach certificates.

in an unauthorized manner, or the color

able imitation of such marks, is subject To be eligible to attach the certificate,

to the criminal penalties imposed by secan enterprise must meet the following

tion 5 of the said act (49 Stat. 892; 25 conditions:

U.S.C., 305d), which provides: (a) It must offer for sale only Indianmade genuine handicraft products, i. e.,

Any person who shall counterfeit or colorobjects produced by Indian craftsmen

ably imitate any Government trade-mark

used or devised by the Board as provided in with the help of only such devices as

section 305a of this chapter, or shall, except allow the manual skill of the maker to as authorized by the Board, affix any such condition the shape and design of each Government trade-mark, or shall knowingly, individual product.

willfully, and corruptly afix any reproduc(b) It must be entirely Indian owned

tion, counterfeit, copy, or colorable imita

tion thereof upon any products, Indian or and organized either by individual In- otherwise, or to any labels, signs, prints, dians or by groups of Indians.

packages, wrappers, or receptacles intended (c) It must agree to apply certificates to be used upon or in connection with the of genuineness only to such products as

sale of such products, or any person who

shall knowingly make any false statement meet the standards of quality prescribed

for the purpose of obtaining the use of any by the Indian Arts and Crafts Board at such Government trade-mark, shall be guilty the time of the application of the enter- of a misdemeanor, and upon conviction prise for the privilege of attaching the

thereof shall be enjoined from further carrycertificate.

ing on the act or acts complained of and

shall be subject to a fine not exceeding $2,000 (d) It must agree to obtain the ap- or imprisonment not exceeding six months, proval of the Indian Arts and Crafts or both such fine and imprisonment.

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