Expression of unique cultural identity
Distinctions through various designs, textiles, techniques, and symbolisms.
Has both utilitarian and aesthetic functions
Served the needs of daily activities
Represents social and religious beliefs
Contributes to modern economic sustainment

Pottery
Jewelry
Paintings
Weavings
Basketry
Sculptures
Carvings

Then and Now
Native American women are wellknown for their weavings, baskets and pottery arts. Originally these items were simple tools of everyday life, but today are appreciated as the art and artifacts of an ancient culture by tourists and collectors.

Various acts of legislations, associations, and political agendas aim to protect Native
Americans and the authenticity of their cultural arts; while promoting a successful economic environment without jeopardizing their identity.
Native American socio-cultural revival movement (New Deal Program)
The Indian Arts and Crafts Board (IACB), U.S.
Department of Interior
Indian Arts and Crafts Act of 1990
California Indian Basketweavers
Association (CIBA) founded in 1992

Franklin Roosevelt's New
Deal program was geared to help those people most affected by the Great
Depression.
Indians benefited greatly from the $11 billion spent on such programs as:
Works Progress
Administration
National Recovery Act
Indian Reorganization
Act .
This 1921 photograph, taken at Campobello, in New Brunswick,
Canada, shows Roosevelt meeting with Governor Neptune, an Iroquois chief.

The Works Progress Administration (WPA) was created by executive order in 1935, and in its eight years of existence it funded projects all across the country.
Not only was America's infrastructure (roads, bridges, land management, etc.) affected, but thousands of art-related projects were undertaken.
Under the WPA, Indians were given unprecedented autonomy over their own programs.
Shown here is an Indian instructor teaching beadwork to Paiute girls at a school in Nevada, around 1940.

IACB promotes the economic development of American
Indians and Alaska Natives of federally recognized Tribes through the expansion of the
Indian arts and crafts market.
Provides promotional opportunities, general business advice, and information on the
Indian Arts and Crafts Act to
Native American artists, craftspeople, businesses, museums, and cultural centers of federally recognized tribes.
Oversees the execution of the
Indian Arts and Crafts Act.
Created under the act by Congress, but independent of the Bureau of
Indian Affairs, was the Indian Arts and
Crafts Board. The board not only encourage d traditional Indian crafts production but also established markets, museums, and shops to acquaint the public with the beauty and quality of Indian crafts. (1937)

Over the past few decades there has proven to be an increased interest in the romanticized idea of the
Native American and their culture.
This has resulted in the commodification of Indian identity, culture and their arts.

With the commodification and growing interest in Native American Indians and their arts, this established a high market value for these items.
This economic factor has created great incentives for the creation of unauthentic, mass produced, and forged items produced by non-Indians.

In today’s world, the increased selling and marketing of unauthentic Native arts poses a very serious problem for the many recognized
Native American artisans who strongly rely on the selling of there handmade products as a means of income.
Pan-Indianism Powwows, tourist centers, internet
Forgeries also manifest a negative stereotype towards
Native Americans and the integrity, purity, and antiquity of their culture and arts.

The Indian Arts & Crafts Act
In response to this ever growing issue, a piece of legislation was passed in 1990 known as,
The Indian Arts and Crafts Act, which aimed to protect certified Indian artisans in the marketing, selling, and production of their handmade, authentic cultural arts.

The Turning Point for Native Artisans
States that 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 tribe.
Law covers all Indian and
Indian-style traditional and contemporary arts and crafts produced after 1935.
Protects certified Indian artisans.

However, as with any complex issue, additional concerns and matters needed to be addressed.
In order for this act to be effective, a clear distinction needed to be established which stated who was, and was not an “Indian”.
It was now a question of Native American identity and who would be granted this protection; and how would it be decided.

Protection According to the Indian Arts & Crafts Act
Indian
Defined as a member of a federally or officially
State recognized tribe, or certified Indian artisan.
Certified Indian Artisan
Defined as an individual who is certified by the governing body of an Indian tribe as a nonmember Indian artisan.

Civil & Criminal Penalties
For the 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; and up to $1,000,000 in fines if a business is prosecuted.
Consumer Complaints
Anyone can file a written complaint with the
Indian Arts and Crafts Board to which further investigation and possible prosecution may occur.

Is this Act Making a Difference?
Law covers all Indian and Indian-style traditional and contemporary arts and crafts produced after
1935.
Although the Act’s intentions are beneficial, it is very hard to regulate and enforce a matter of this magnitude. Additional amendments of the Act have been recently made to help compensate for the difficulty of its execution.
Also, not enough attention and/or funds are being pushed towards the resolution of this problem.
However, in response to this act, other groups have organized and are now aiding Native
Americans with the restoration and protection of their cultural arts
California Indian Basket Weavers Association

CIBA was founded in 1992, and now has around 800 members.
Their mission is to preserve, promote, and perpetuate
California Indian basket-weaving traditions while providing a healthy physical, social, spiritual, and economic environment for basket-weavers.
Formed largely out of a need to protect plant species used by Californian Indian basket weavers.

Although legislative acts have been established to prevent the unauthorized marketing and selling of Indian arts and crafts products, this practice still occurs.
Only with increased funding and attention can pieces of legislation such as the Indian Arts and Crafts Act of 1990 be truly effective and efficient.
Fortunately, Native arts are thriving because of encouragement from tribal leaders, support from various art programs, and the enthusiasm and pride of Native
American artists themselves. Although it is a slow process, the new generations are learning from their elders the values and traditions meaningful to their ancestors.
The revival of Native American arts helps to ensure their survival.

http://www.nmai.si.edu/exhibitions/baskets/subpag e.cfm?subpage=intro www.ciba.org
http://www.doi.gov/iacb/ http://www.acfnewsource.org/religion/sacred_bask et.html
The Commodification of Indian Identity, by George
Castile, (article)
The Portal Case: Authenticity, Tourism, Traditions, and the Law, by Deirdre Evans-Pritchard, (article)
The Legal Aspects of Indian Affairs from 1887 to
1957 , by Theodore H. Haas, (article)