Indian arts and crafts laws are federal, state, and tribal truth-in-advertising laws in the United States that prohibit misrepresentation in marketing of American Indian or Alaska Native arts and crafts products. The federal Indian Arts and Crafts Act of 1990 (IACA) defines an American Indian as a member of a federally or state-recognized tribe, while state and tribal Indian arts and crafts laws typically restrict the definition of an American Indian to citizens of federally recognized tribes only. At least 13 states and 4 federally recognized American Indian tribes have passed Indian arts and crafts laws.
In 1935, the U.S. federal government passed the Indian Arts and Crafts Act which established the Indian Arts and Crafts Board but also addressed the problem of counterfeit Native American arts and crafts. [1] The law gave penalties of $2,000 (approximately $45,783 in 2024 dollars [2] ) and/or six months in prison for selling any goods as "Indian products or Indian products of a particular Indian tribe or group, resident within the United States or the Territory of Alaska" which were not made by American Indians. [1] This penalty was a misdemeanor. [1]
Due to increasing Indigenous identity fraud in the 1970s and 1980s, Native American activists, including the Native American Artists Association cofounded by David Bradley (White Earth Ojibwe), Harvey Pratt (Cheyenne-Arapaho) [3] , Sharron Ahtone Harjo (Kiowa), [4] Virginia Stroud (United Keetoowah Band/Muscogee), [4] and others fought for stiffer penalties. [5] This resulted in the Indian Arts and Crafts Act of 1990 (IACA), which made fraudulently selling work as American Indian–made, Native American–made, or created by a specific tribe a felony. [6] Penalties for violating this law can result in fines up to $250,000 and/or prison terms up to five years. [6] Testifying before congress about the need for IACA enforcement, Harvey Pratt stated: "When Indian artists are undercut by the sale of fake Indian art, the integrity of authentic Indian art and artists suffer. We're also being robbed economically, culturally, and spiritually." [3]
Many states within the United States have passed American Indian arts and crafts laws, including Alaska, Arizona, California, Colorado, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, Oklahoma, South Dakota, and Texas. [7]
The Alaska Statutes defines an Alaska Native as "a state resident and who is an enrolled member of an Alaska tribe" and defines "authentic Alaska Native art" as works that are crafted or created within the state of Alaska by a citizen of an Alaska Native tribe. [8]
Arizona Revised Statutes Article 2.1 is titled "Fraudulent Practices in the Sale of Indian Arts and Crafts". [9] The law defines an "Indian" as a citizen or a descendant of a federally recognized American Indian tribe. [10]
California's Indian arts and crafts law was passed in 1965. [11]
Chapter 15 of Title 6 of the Colorado Revised Statutes stipulated that "Authentic Indian arts and crafts" are "any product that is handcrafted by Indian labor or workmanship." The law defines an "Indian" as a citizen or descendant of a federally recognized American Indian tribe. [12]
Minnesota state law requires imitation Indian-style products to be listed as "not Indian-made". The law defines an Indian as "those made exclusively by persons who are of at least one-quarter Indian blood or who are listed on the rolls of the United States Bureau of Indian Affairs as Indians". [13]
Chapter 407 of the Missouri Title XXVI Trade and Commerce statute addresses penalties for the misleading sale of any work advertised as being "American Indian art or craft" that is not made by an "American Indian." [14] American Indian is defined as "a person who is a citizen or enrolled member of an American Indian tribe." The law defines American Indian tribe as "any Indian tribe federally recognized by the Bureau of Indian Affairs of the United States Department of the Interior". The penalties are between $25 to $200 and/or imprisonment from 30 to 90 days. [14]
Part 6 of the Montana Consumer Protection Act is titled "Sale of Imitation Indian Articles". The law defines an American Indian as an enrolled citizen of a federally recognized tribe. [15]
Nebraska's American Indian Arts and Crafts Sales Act protects "American Indian craftpersons from false representation in the offerinq for sale, sale, trade, or purchase of authentic American Indian arts and crafts and natural and unnatural turquoise." The act defines an American Indian as any person who is of "at least one-quarter American Indian blood who is enrolled or is a lineal descendant" of a federally recognized American Indian tribe. [16]
The Nevada Revised Statutes prohibits the sale of "Imitation Indian arts or crafts articles" unless they are clearly labelled as imitations. The law defines an Indian as a citizen or descendant of a federally recognized American Indian tribe. [17]
First passed in 1929, New Mexico's Indian Arts and Crafts Sales Act or "IACSA" (NMSA 1978, § 30-33-1 to 30-33-11) states that it is "unlawful to barter, trade, sell or offer for sale or trade any article represented as produced by an Indian unless the article is produced, designed or created by the labor or workmanship of an Indian." [18]
Oklahoma first passed an Indian arts and crafts law in 1974. The law required artists to be citizens of a federally recognized American Indian tribe in order to market their works as Indian-made. The law was struck down by a federal judge in 2019, who ruled that the law was unconstitutional. [19]
The Codified Laws of South Dakota state that an "Indian" is a citizen or a descendant of a federally recognized American Indian tribe and that it "is a Class 2 misdemeanor for any person to distribute, sell, or offer for sale any article of American Indian art or craft unless the article is clearly and legibly labeled or branded as to place of manufacture." [20]
The Texas Sale of Indian Articles Act (Tex. Bus. & Com. Code Ann. §§ 17.851 - 17.854) states that an American Indian is defined as a citizen of a federally recognized American Indian tribe or a member of a state-recognized tribe. [21] However, there are no state-recognized tribes in Texas, nor does Texas have a process for state recognition.
Four federally recognized American Indian tribes reference the IACA in their tribal law codes, including the Cherokee Nation, the Coquille Indian Tribe, the Eastern Band of Cherokee Indians, and the Poarch Band of Creek Indians. [22]
The Coquille Indian Tribe's Coquille Crafted Ordinance defines "Coquille Made" as referring to items made by enrolled citizens of the tribe. [23]
The Eastern Band of Cherokee Indians' Tribal Business Preference Law authorizes the Tribal Employment Rights Office (TERO) to certify craft and artisan vendors. [24] The laws defines a craft vendor as an "Eastern Band of Cherokee Indians enrolled member that provides handmade crafts for profit" and a Cherokee stone mason as an EBCI citizen who "provides culturally significant Cherokee stone masonry". [25]
The Poarch Band of Creek Indians has a Tribal Member Indian Artist Certification which certifies tribal citizens as artisans for the purposes of the federal Indian Arts and Crafts Act of 1990. Artisan applicants must submit proof of their tribal citizenship by submitting a Verification of Tribal Membership letter from the Poarch Creek Tribal Enrollment Office or a copy of their tribal ID card. [26]
Native Americans are the Indigenous peoples of the United States of America, particularly of the lower 48 states and Alaska. They may also include any Americans whose origins lie in any of the indigenous peoples of North or South America. The United States Census Bureau publishes data about "American Indians and Alaska Natives", whom it defines as anyone "having origins in any of the original peoples of North and South America ... and who maintains tribal affiliation or community attachment". The census does not, however, enumerate "Native Americans" as such, noting that the latter term can encompass a broader set of groups, e.g. Native Hawaiians, which it tabulates separately.
Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States.
The Nonintercourse Act is the collective name given to six statutes passed by the United States Congress in 1790, 1793, 1796, 1799, 1802, and 1834 to set boundaries of American Indian reservations. The various acts were also intended to regulate commerce between White Americans and citizens of Indigenous nations. The most notable provisions of the act regulate the inalienability of aboriginal title in the United States, a continuing source of litigation for almost 200 years. The prohibition on purchases of Indian lands without the approval of the federal government has its origins in the Royal Proclamation of 1763 and the Confederation Congress Proclamation of 1783.
Blood quantum laws or Indian blood laws are laws in the United States that define Native American status by fractions of Native American ancestry. These laws were enacted by the federal government and state governments as a way to establish legally defined racial population groups. By contrast, many tribes do not include blood quantum as part of their own enrollment criteria. Blood quantum laws were first imposed by white settlers in the 18th century. Blood quantum (BQ) continues to be a controversial topic.
The Indian Health Service (IHS) is an operating division (OPDIV) within the U.S. Department of Health and Human Services (HHS). IHS is responsible for providing direct medical and public health services to members of federally recognized Native American Tribes and Alaska Native people. IHS is the principal federal health care provider and health advocate for American Indian people.
The United Keetoowah Band of Cherokee Indians in Oklahoma is a federally recognized tribe of Cherokee Native Americans headquartered in Tahlequah, Oklahoma. According to the UKB website, its members are mostly descendants of "Old Settlers" or "Western Cherokees," those Cherokees who migrated from the Southeast to present-day Arkansas and Oklahoma around 1817. Some reports estimate that Old Settlers began migrating west by 1800, before the forced relocation of Cherokees by the United States in the late 1830s under the Indian Removal Act.
State-recognized tribes in the United States are organizations that identify as Native American tribes or heritage groups that do not meet the criteria for federally recognized Indian tribes but have been recognized by a process established under assorted state government laws for varying purposes or by governor's executive orders. State recognition does not dictate whether or not they are recognized as Native American tribes by continually existing tribal nations.
The United Remnant Band of the Shawnee Nation, also called the Shawnee Nation, United Remnant Band (URB), is an organization that self-identifies as a Native American tribe in Ohio. Its members identify as descendants of Shawnee people. In 2016, the organization incorporated as a church.
The Cherokee Nation, formerly known as the Cherokee Nation of Oklahoma, is the largest of three federally recognized tribes of Cherokees in the United States. It includes people descended from members of the Old Cherokee Nation who relocated, due to increasing pressure, from the Southeast to Indian Territory and Cherokees who were forced to relocate on the Trail of Tears. The tribe also includes descendants of Cherokee Freedmen and Natchez Nation. As of 2024, over 466,000 people were enrolled in the Cherokee Nation.
In the United States, an American Indian tribe, Native American tribe, Alaska Native village, Indigenous tribe, or Tribal nation may be any current or historical tribe, band, or nation of Native Americans in the United States. Modern forms of these entities are often associated with land or territory of an Indian reservation. "Federally recognized Indian tribe" is a legal term in United States law with a specific meaning.
Native American recognition in the United States, for tribes, usually means being recognized by the United States federal government as a community of Indigenous people that has been in continual existence since prior to European contact, and which has a sovereign, government-to-government relationship with the Federal government of the United States. In the United States, the Native American tribe is a fundamental unit of sovereign tribal government. This recognition comes with various rights and responsibilities. The United States recognizes the right of these tribes to self-government and supports their tribal sovereignty and self-determination. These tribes possess the right to establish the legal requirements for membership. They may form their own government, enforce laws, tax, license and regulate activities, zone, and exclude people from tribal territories. Limitations on tribal powers of self-government include the same limitations applicable to states; for example, neither tribes nor states have the power to make war, engage in foreign relations, or coin money.
The Indian Arts and Crafts Act of 1990 is a truth-in-advertising law which prohibits misrepresentation in marketing of American Indian or Alaska Native 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 five-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.
The Northern Cherokee Nation of the Old Louisiana Territory is a 501(c)(3) nonprofit organization of individuals who self-identify as Cherokee but are not state or federally recognized as a Native American tribe or government. The headquarters for the NCNOLT is in Columbia, Missouri.
The Supreme Court decision in Obergefell v. Hodges that legalized same-sex marriage in the states and most territories did not legalize same-sex marriage on Indian reservations. In the United States, Congress has legal authority over tribal reservations. Thus, unless Congress passes a law regarding same-sex marriage that is applicable to tribal governments, federally recognized American Indian tribes have the legal right to form their own marriage laws. As such, the individual laws of the various United States federally recognized Native American tribes may set limits on same-sex marriage under their jurisdictions. At least ten reservations specifically prohibit same-sex marriage and do not recognize same-sex marriages performed in other jurisdictions; these reservations remain the only parts of the United States to enforce explicit bans on same-sex couples marrying.
The Tribal Law and Order Act of 2010 is a law, signed into effect by President Obama, that expands the punitive abilities of tribal courts across the nation. The law allows tribal courts operating in Indian country to increase jail sentences handed down in criminal cases. This was a major step toward improving enforcement and justice in Indian country.
An Organic Act is a generic name for a statute used by the United States Congress to describe a territory, in anticipation of being admitted to the Union as a state. Because of Oklahoma's unique history an explanation of the Oklahoma Organic Act needs a historic perspective. In general, the Oklahoma Organic Act may be viewed as one of a series of legislative acts, from the time of Reconstruction, enacted by Congress in preparation for the creation of a united State of Oklahoma. The Organic Act created Oklahoma Territory, and Indian Territory that were Organized incorporated territories of the United States out of the old "unorganized" Indian Territory. The Oklahoma Organic Act was one of several acts whose intent was the assimilation of the tribes in Oklahoma and Indian Territories through the elimination of tribes' communal ownership of property.
Alabama Indian Affairs Commission (AIAC) was created by a legislative act in 1984 and represents more than 38,000 American Indian families who are residents of the U.S. state of Alabama.
Cherokee descent, "being of Cherokee descent", or "being a Cherokee descendant" are all terms for individuals with some degree of documented Cherokee ancestry but do not meet the criteria for tribal citizenship. The terms are also used by non-Native individuals who self-identify as Cherokee despite lacking documentation or community recognition.
The Cherokee Nation Truth in Advertising for Native Art is a legislative act unanimously passed by the Council of the Cherokee Nation on January 14, 2008, and signed into law a week later on January 21, 2008. A truth-in-advertising law, the act requires vendors who market themselves as American Indians on Cherokee Nation property to provide proof of citizenship in a federally recognized American Indian tribe or face expulsion.