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IT IS A FEDERAL LAW THAT NO ONE EXCEPT ENROLLED MEMBERS OF A STATE OR FEDERALLY RECOGNIZED TRIBE, OR A CERTIFIED ARTISAN OF SUCH A TRIBE MAY CLAIM THAT THEIR ARTS AND/OR CRAFTS ARE AUTHENTIC NATIVE AMERICAN/AMERICAN INDIAN PRODUCTS!
THE INDIAN ARTS AND CRAFTS LAW OF 1990 STATES THIS CLEARLY!
What does that mean?
It means that if you are NOT registered/enrolled in a Tribe having FEDERAL or STATE RECOGNITION , or you are not legally certified by such a Tribe as a Tribal Artisan, DON'T LABEL YOUR ITEMS AS INDIAN/NATIVE AMERICAN!
it doesn't matter if you have 100 PERCENT Blood Quantum , i.e., both your parents are Indian, or if you have CLAIMED Tribal affiliation, or you 'identify' yourself as an Indian, or are a member of ANY UNRECOGNIZED Tribe, or it says 'Native American' on your driver's license, birth certificate AND census form, if you are NOT a bona fide Tribal Member with an actual enrollment number, forget about selling your handmade items as AUTHENTIC NATIVE AMERICAN/AMERICAN INDIAN arts or crafts!
You CANNOT just CALL yourself an Indian, make something & sell it as INDIAN-MADE!
Here's what the Indian Arts and Crafts Board has to say about the Law:
The Indian Arts and Crafts Act of 1990 is a truth-in-advertising law that prohibits misrepresentation in marketing of Indian arts and crafts products within the United States.
It is illegal to offer or display for sale, or sell any art or craft product 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. For a first time violation of the Act, an individual can face civil or criminal penalties up to a $250,000 fine or a 5-year prison term, or both. If a business violates the Act, it can face civil penalties or can be prosecuted and fined up to $1,000,000.
Under the Act, an Indian is defined as a member of any federally or State recognized Indian Tribe, or an individual certified as an Indian artisan by an Indian Tribe.
The law covers all Indian and Indian-style traditional and contemporary arts and crafts produced after 1935. The Act broadly applies to the marketing of arts and crafts by any person in the United States. Some traditional items frequently copied by non-Indians include Indian-style jewelry, pottery, baskets, carved stone fetishes, woven rugs, kachina dolls, and clothing.
All products must be marketed truthfully regarding the Indian heritage and tribal affiliation of the producers, so as not to mislead the consumer. It is illegal to market an art or craft item using the name of a tribe if a member, or certified Indian artisan, of that tribe did not actually create the art or craft item.
For example, products sold claiming Indian Jewelry would be a violation of the Indian Arts and Crafts Act if the jewelry was produced by someone other than a member, or certified Indian artisan, of an Indian tribe. Products advertised as Hopi Jewelry would be in violation of the Act if they were produced by someone who is not a member, or certified Indian artisan, of the Hopi tribe. NO MATTER WHAT TRIBE IS CLAIMED, PROOF MUST BE GIVEN THAT A BONA FIDE ENROLLED TRIBAL MEMBER OR CERTIFIED ARTISAN OF SAID TRIBE DID INDEED PRODUCE EACH ITEM!
If you purchase an art or craft product represented to you as Indian-made, and you learn that it is not, first contact the dealer to request a refund. If the dealer does not respond to your request, you can also contact your local Better Business Bureau, Chamber of Commerce, and the local District Attorney's office, as you would with any consumer fraud complaint. Second, contact the Indian Arts and Crafts Board with your written complaint regarding violations of the Act.
Before buying Indian arts or crafts at powwows, annual fairs, juried competitions, and other events, check the event requirements on the authenticity of products being offered for sale. Many events list the requirements in newspaper advertisements, promotional fliers, and printed programs. If the event organizers make no statements on compliance with the Act or on the authenticity of Indian arts and crafts offered by participating vendors, you should obtain written certification from the individual vendors that their Indian arts or craftwork were produced by tribal members or by certified Indian artisans. EVERY TRIBE WANTS TO MAKE SURE THEY ARE NOT MISREPRESENTED BY FAKES & FRAUDS! Use the list of recognized Tribes & CALL them with questions!
WHO ARE THE FEDERALLY RECOGNIZED TRIBES?
You can download a list from the Department of Interior/Bureau of Indian Affairs at the following website. This list has current contact information for all Tribes as of Winter 2008 :
Since links are not allowed I can only tell you to go to:
doi dot gov & look for the list, or google federally recognized tribes.
See my latest blog for actual links.
WHO ARE STATE RECOGNIZED TRIBES?
States may acknowledge their status within the state but this does not guarantee funding from the state & certainly NOT from the federal government. State-recognized Indian tribes are not federally recognized; however, federally recognized tribes may also be state-recognized.
I found what appears to be an older list of state recognized tribes by googling state recognized tribes. Ebay doesn't allow links, so I'm sorry I can't provide that here.
Surely there is a recent list from the BIA, but I didn't find one just now.
PLEASE NOTE:
Federally recognized Tribes are concerned that the proliferation of questionable STATE RECOGNIZED Tribes will adversely affect FEDERALLY recognized Tribes.
The Indian Commerce Clause of the US Constitution reserves the exclusive power to deal with Indians to the federal government. Sometimes the federal government requires that tribes cooperate with states, such as in gaming compacts or liquor regulation. But nowhere in federal law is there a grant of authority to states to determine who is an Indian or a tribe. Congress has directed that tribes should be recognized through administrative determination by the Bureau of Indian Affairs. A major problem noted by the Texas Attorney General is that there are references in federal law to state recognized tribes.
The term 'Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including an Alaska Native Village Corporation or Regional Corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
This definition does not include state-recognized tribes. It is linked to the list published periodically in the Federal Register. Most federal laws either reference this definition or repeat it nearly verbatim.
However, the Indian Arts and Crafts Act, noted above, introduced the term 'state recognized tribe' into federal law. The congress enacting that statute probably never foresaw the proliferation of new tribes attempting to take advantage of the act. It also gave a green light for states to consider recognizing tribes. Congress could have clarified what was likely intended. They did not want to exclude culturally and ethnically Indian artists living on reservations set aside in colonial times. But by omitting any qualifications there is no way to restrict the effect of the act to the original intent. This dilemma grows as 'new tribes' of perhaps non-Indians may seek state recognition for gaming purposes.
Report Violations of the Indian Arts and Crafts Act
While the beauty, quality, and collectibility of authentic Indian arts and crafts make each piece a unique reflection of Indian heritage, it is important that buyers be aware that fraudulent Indian arts and crafts compete daily with authentic Indian arts and crafts in the nationwide marketplace. This consumer fraud not only harms the buyers, it also erodes the overall Indian arts and crafts market and the economic and cultural livelihood of Indian artists, craftspeople, and Tribes. It is also against the law! It is a violation of the Indian Arts and Crafts Act.
If you become aware of any market activity that you believe may be in violation of the Act, similar to or different from the following examples, please contact the Indian Arts and Crafts Board either online at:
doi dot gov & look for the file report button on the right side
Or google the Indian Arts and Crafts Board.
Too bad we can't provide such IMPORTANT links on these guides! This is of utmost importance to buyers on ebay!
THE ONLY WAY TO STOP CULTURE THEFT, FAKES, & FRAUDS IS TO REPORT THE ONES WHO ENGAGE IN THESE THINGS! IF YOU HONESTLY RESPECT OR ADMIRE AMERICAN INDIANS, HELP STOP CULTURE THEFT!
THE INDIAN ARTS AND CRAFTS LAW OF 1990 STATES THIS CLEARLY!
What does that mean?
It means that if you are NOT registered/enrolled in a Tribe having FEDERAL or STATE RECOGNITION , or you are not legally certified by such a Tribe as a Tribal Artisan, DON'T LABEL YOUR ITEMS AS INDIAN/NATIVE AMERICAN!
it doesn't matter if you have 100 PERCENT Blood Quantum , i.e., both your parents are Indian, or if you have CLAIMED Tribal affiliation, or you 'identify' yourself as an Indian, or are a member of ANY UNRECOGNIZED Tribe, or it says 'Native American' on your driver's license, birth certificate AND census form, if you are NOT a bona fide Tribal Member with an actual enrollment number, forget about selling your handmade items as AUTHENTIC NATIVE AMERICAN/AMERICAN INDIAN arts or crafts!
You CANNOT just CALL yourself an Indian, make something & sell it as INDIAN-MADE!
Here's what the Indian Arts and Crafts Board has to say about the Law:
The Indian Arts and Crafts Act of 1990 is a truth-in-advertising law that prohibits misrepresentation in marketing of Indian arts and crafts products within the United States.
It is illegal to offer or display for sale, or sell any art or craft product 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. For a first time violation of the Act, an individual can face civil or criminal penalties up to a $250,000 fine or a 5-year prison term, or both. If a business violates the Act, it can face civil penalties or can be prosecuted and fined up to $1,000,000.
Under the Act, an Indian is defined as a member of any federally or State recognized Indian Tribe, or an individual certified as an Indian artisan by an Indian Tribe.
The law covers all Indian and Indian-style traditional and contemporary arts and crafts produced after 1935. The Act broadly applies to the marketing of arts and crafts by any person in the United States. Some traditional items frequently copied by non-Indians include Indian-style jewelry, pottery, baskets, carved stone fetishes, woven rugs, kachina dolls, and clothing.
All products must be marketed truthfully regarding the Indian heritage and tribal affiliation of the producers, so as not to mislead the consumer. It is illegal to market an art or craft item using the name of a tribe if a member, or certified Indian artisan, of that tribe did not actually create the art or craft item.
For example, products sold claiming Indian Jewelry would be a violation of the Indian Arts and Crafts Act if the jewelry was produced by someone other than a member, or certified Indian artisan, of an Indian tribe. Products advertised as Hopi Jewelry would be in violation of the Act if they were produced by someone who is not a member, or certified Indian artisan, of the Hopi tribe. NO MATTER WHAT TRIBE IS CLAIMED, PROOF MUST BE GIVEN THAT A BONA FIDE ENROLLED TRIBAL MEMBER OR CERTIFIED ARTISAN OF SAID TRIBE DID INDEED PRODUCE EACH ITEM!
If you purchase an art or craft product represented to you as Indian-made, and you learn that it is not, first contact the dealer to request a refund. If the dealer does not respond to your request, you can also contact your local Better Business Bureau, Chamber of Commerce, and the local District Attorney's office, as you would with any consumer fraud complaint. Second, contact the Indian Arts and Crafts Board with your written complaint regarding violations of the Act.
Before buying Indian arts or crafts at powwows, annual fairs, juried competitions, and other events, check the event requirements on the authenticity of products being offered for sale. Many events list the requirements in newspaper advertisements, promotional fliers, and printed programs. If the event organizers make no statements on compliance with the Act or on the authenticity of Indian arts and crafts offered by participating vendors, you should obtain written certification from the individual vendors that their Indian arts or craftwork were produced by tribal members or by certified Indian artisans. EVERY TRIBE WANTS TO MAKE SURE THEY ARE NOT MISREPRESENTED BY FAKES & FRAUDS! Use the list of recognized Tribes & CALL them with questions!
WHO ARE THE FEDERALLY RECOGNIZED TRIBES?
You can download a list from the Department of Interior/Bureau of Indian Affairs at the following website. This list has current contact information for all Tribes as of Winter 2008 :
Since links are not allowed I can only tell you to go to:
doi dot gov & look for the list, or google federally recognized tribes.
See my latest blog for actual links.
WHO ARE STATE RECOGNIZED TRIBES?
States may acknowledge their status within the state but this does not guarantee funding from the state & certainly NOT from the federal government. State-recognized Indian tribes are not federally recognized; however, federally recognized tribes may also be state-recognized.
I found what appears to be an older list of state recognized tribes by googling state recognized tribes. Ebay doesn't allow links, so I'm sorry I can't provide that here.
Surely there is a recent list from the BIA, but I didn't find one just now.
PLEASE NOTE:
Federally recognized Tribes are concerned that the proliferation of questionable STATE RECOGNIZED Tribes will adversely affect FEDERALLY recognized Tribes.
The Indian Commerce Clause of the US Constitution reserves the exclusive power to deal with Indians to the federal government. Sometimes the federal government requires that tribes cooperate with states, such as in gaming compacts or liquor regulation. But nowhere in federal law is there a grant of authority to states to determine who is an Indian or a tribe. Congress has directed that tribes should be recognized through administrative determination by the Bureau of Indian Affairs. A major problem noted by the Texas Attorney General is that there are references in federal law to state recognized tribes.
The term 'Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including an Alaska Native Village Corporation or Regional Corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
This definition does not include state-recognized tribes. It is linked to the list published periodically in the Federal Register. Most federal laws either reference this definition or repeat it nearly verbatim.
However, the Indian Arts and Crafts Act, noted above, introduced the term 'state recognized tribe' into federal law. The congress enacting that statute probably never foresaw the proliferation of new tribes attempting to take advantage of the act. It also gave a green light for states to consider recognizing tribes. Congress could have clarified what was likely intended. They did not want to exclude culturally and ethnically Indian artists living on reservations set aside in colonial times. But by omitting any qualifications there is no way to restrict the effect of the act to the original intent. This dilemma grows as 'new tribes' of perhaps non-Indians may seek state recognition for gaming purposes.
Report Violations of the Indian Arts and Crafts Act
While the beauty, quality, and collectibility of authentic Indian arts and crafts make each piece a unique reflection of Indian heritage, it is important that buyers be aware that fraudulent Indian arts and crafts compete daily with authentic Indian arts and crafts in the nationwide marketplace. This consumer fraud not only harms the buyers, it also erodes the overall Indian arts and crafts market and the economic and cultural livelihood of Indian artists, craftspeople, and Tribes. It is also against the law! It is a violation of the Indian Arts and Crafts Act.
If you become aware of any market activity that you believe may be in violation of the Act, similar to or different from the following examples, please contact the Indian Arts and Crafts Board either online at:
doi dot gov & look for the file report button on the right side
Or google the Indian Arts and Crafts Board.
Too bad we can't provide such IMPORTANT links on these guides! This is of utmost importance to buyers on ebay!
THE ONLY WAY TO STOP CULTURE THEFT, FAKES, & FRAUDS IS TO REPORT THE ONES WHO ENGAGE IN THESE THINGS! IF YOU HONESTLY RESPECT OR ADMIRE AMERICAN INDIANS, HELP STOP CULTURE THEFT!
Guide created: 19/05/09 (updated 31/01/12)
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