The Native American Law & Policy practice group at Dentons US LLP brings you the latest on federal policies, legal news, and events in the Indigenous art and fashion world. 

Congressional Update: 

Proposed Amendments to the Indian Arts and Craft Act

The Indian Arts and Crafts Act (IACA) (Pub. L. 101-644) is a “truth-in-advertising” law that bars sellers from misrepresenting products as “Indian-made” if such products are not in fact made by Indians (as defined in the Act), or individuals certified as Indian artisans in accordance with the Act. Persons violating the Act may be subject to civil and/or criminal penalties. Senator Brian Schatz (D-Hawai‘i), Chairman of the Senate Committee on Indian Affairs, has released a discussion draft of legislation that would update the Indian Arts and Crafts Act called the “Amendments to Respect Traditional Indigenous Skill and Talent (ARTIST) Act of 2023.” According to the Committee press release, the draft legislation is intended to “support creative economies and strengthen enforcement of current law and protections against counterfeit competition for Native artists and their works” and “reflects direct stakeholder input as well as years of Committee oversight and broad commitment to the protection of Native cultural patrimony and revitalization of Indigenous languages.” A link to the text of the discussion draft may be found here. A link to a one-page summary of the discussion draft may be found here. 

Deadlines: The Committee is holding a listening session on the discussion draft today, April 26, 2023, at 2:30 p.m. EDT.  A registration link to participate in the session may be found here. A link to the live video of the event may be found here. In addition, the Committee is accepting written feedback on the discussion draft, and comments are due by May 19, 2023 to Artist@indian.senate.gov.

Interior Update: 

Proposed Amendments to Regulations Implementing the Indian Arts and Craft Act

The U.S. Department of the Interior (Interior) wants to hear from Native artists regarding proposed changes to how the Indian Arts and Crafts Act is implemented. “Arts and crafts are important to Native communities, both culturally and economically,” said Assistant Secretary for Indian Affairs Bryan Newland. “Updating these regulations to include modern forms of art and craft work will support Indigenous artisans and craftspeople.” A link to the proposed changes may be found here. Starting this month and running through August, Interior is holding a series of listening sessions regarding the proposed changes. Questions to be discussed at the listening sessions include whether revisions sufficiently account for the range of Indian arts and crafts that Indian artists are presently creating and whether the law should apply to Native Hawaiian Organizations.

Deadlines: Written comments are due by 11:59 p.m. EDT on September 1, 2023 to consultation@bia.gov.  In person listening sessions and tribal consultations are ongoing now. The first virtual tribal consultation is scheduled for August 2, 2023 at 2 p.m. EDT.  A link to more information may be found here.

Legal News:

A Texas man has been sentenced in federal court for selling counterfeit Native American goods after fraudulently selling jewelry online by marketing it as “genuine Indian handcrafted”, “Native American Indian Handmade,” “Zuni” and “Navajo,” although the merchandise really came from a manufacturer in the Philippines. Kevin Charles Kowalis, 60, was sentenced to five years of probation for mail fraud and misrepresentation of Indian goods under the Indian Arts and Crafts Act. “This sentencing is important in the fight to end this type of fraud,” said Assistant Director Edward J. Grace of the U.S. Fish and Wildlife Service’s Office of Law Enforcement. “Our dedicated team of special agents works on behalf of the Department of the Interior and the Indian Arts and Crafts Board to protect American Indian and Alaska Native artists and the consumers who purchase authentic Native American art and craftwork.” A link to the full press release may be found here.

More Information and Upcoming Events:

• The Indian Arts and Crafts Board posts American Indian, Alaska Native, and Native American (AI/AN) art and craft marketing events that are judged on its website to promote authentic AI/AN products and as a service for potential consumers. A link to the webpage may be found here.

• The Department of Health and Human Services and the Department of the Interior are hosting an Inaugural Buy Indian Industry Day Matchmaker event today, April 26, 2023, from 8 a.m. to 8 p.m. EDT. The purpose of this marketplace is to provide an opportunity for Native American and tribally owned small businesses to engage directly with and present your company’s goods and/or services to contracting and program officials from HHS and Interior.  A link to more information may be found here.