It’s important to clarify the distinction between federally recognized tribes and state recognized tribes, as well as the significance of the Indian Arts and Crafts Act of 1990 (IACA) in protecting the authenticity of Native American arts and crafts.
The Indian Arts and Crafts Act of 1990 defines “Indian” as a member of any federally or state recognized tribe, or an individual certified as an Indian artisan by a recognized Indian tribe. This means that both federally and state recognized tribal members are protected under this law.
State recognized tribes are not “fake” or “pretendian” as some may mistakenly assume. Each state has its own criteria and process for recognizing tribes, and these tribes must meet specific guidelines set forth by state commissions or legislatures. State recognized tribes are official entities that have been acknowledged by the state government and have the authority to govern their people. They are distinct from heritage groups or clubs, and their members are entitled to the same protections under the Indian Arts and Crafts Act as federally recognized tribal members.
The Indian Arts and Crafts Act of 1990 prohibits the misrepresentation of Indian-produced goods. It makes it illegal to falsely advertise any art or craft product as being made by Native Americans when it is not. This law aims to preserve the integrity of Native American art and protect consumers from deception.
As SRTAG, our role in educating individuals about the Indian Arts and Crafts Act of 1990 is crucial in fostering understanding and respect for Native American art and culture, as well as ensuring compliance with the law to prevent misrepresentation and exploitation.