Collect authentic Native American art
For decades, non-Native people have posed as Native Americans, and unscrupulous dealers have passed off mass-produced jewelry as being Native-made. Hoping to put an end to counterfeits, in 1935 the United States passed the first Indian Arts and Crafts Act (IACA). The law created the Indian Arts and Crafts Board and authorized fines of up to $2,000 and prison sentences of up to six months for violators.
Fraud continued to present a problem, so Native artists fought for an updated IACA (Public Law 101-644) in 1990. According to this law, anyone who claims to be a Native American or American Indian artist must be a member of a federally or state-recognized tribe or be designated as a “certified Indian artisan” by a recognized tribe. Violating this law can result in fines up to $250,000 and/or prison terms up to five years. Businesses violating the law can face fines up to $100,000.
In the largest breach of the IACA yet, five dealers and wholesalers from New Mexico and California sold an estimated $12 million worth of mass-produced Filipino-made jewelry, claiming that it was Native American–made. One perpetrator, Mohammad Manasra, served a brief jail sentence. Another, Nael Ali, was sentenced to six months in prison.
Other IACA violators also have falsely claimed tribal affiliation. For instance, a Missouri artist struck a plea bargain in 2018 after falsely claiming to be Cherokee. He actually belonged to the Northern Cherokee Nation, which is not a state-recognized tribe but instead a 501(c)3 nonprofit organization. Similarly, the so-called Chiricahua Apache Nation, is neither a federally or a state-recognized tribe.
When shopping at Pathways Native Arts Festival, Santa Fe Indian Market or the Wheelwright Art Market, be assured that these markets are limited to members of federally recognized US tribes and Canada’s First Nations. But if you are purchasing outside an official Indian art market, it’s wise to conduct online research about artists and their backgrounds. Also, ask the seller to unequivocally state that any piece you’re interested in is Native American–made. The seller should be able to provide the artist’s name and tribe, in writing. And note that California is a special case. The state has more than 100 federally recognized tribes, but several historical tribes there still do not have federal recognition. So to determine if a California artist is Native, you might want to consult a respected group such as the California Indian Basketweavers’ Association or Advocates for Indigenous California Language Survival.
Also be wary of terms like ancestry, descent, and heritage. These are used to indicate that an artist has Native American lineage but is not an enrolled tribal member. Tribal enrollment can be highly complex, and a person might have Native ancestry but not be enrolled in a tribe. And those who are not tribal members cannot legally claim to be Native American or American Indian artists, unless they are designated as tribal artisans.
Another label to watch for is Indigenous. The term is increasingly used to show solidarity among peoples around the globe. But the IACA doesn’t address this term; nor does it address Indigenous people from outside the United States or the issue of falsifying Native heritage. So when it comes to IACA, there are no legal ramifications for falsely claiming to be Indigenous or of Native American descent.
If you have evidence of an artist or dealer making false claims of artwork being made by Native Americans or American Indians, you can report them by calling the Indian Arts and Crafts Board at 1-888-ARTFAKE or visiting iacb.doi.gov.