The Indian Arts and Crafts Act
In 1990, while serving in the House of 
Representatives,now retired Senator Ben Nighthorse Campbell and I sponsored the Indian Arts and Crafts Act. The Act prohibits misrepresentation in the marketing of Indian arts and crafts within the United States. The Indian Arts and Crafts Act is a truth-in-advertising law that provides criminal and civil penalties for marketing products as “Indian-made” when such products are not, in fact, made by Indians, as defined by the Act. The law is intended both to protect unsuspecting buyers from fraudulent works, as well as Indian artisans, craftspeople, and tribes.
The kinds of products that are copied by non-Indians vary from region to region, but some of the copies of traditional items include Indian-style jewelry, pottery, baskets, carved stone fetishes, woven rugs, kachina dolls, and clothing. Misrepresentation of products can result in civil penalties or criminal penalties of up toa $250,000 fine or a five-year prison term, or both. If a business violates the Indian Arts and Crafts Act, it can face civil penalties or be prosecuted and fined up to $1 million.
In July 2009, the Senate approved a bill I coauthored with Senator McCain that would strengthen the investigative and enforcement authorities of the Indian Arts and Crafts Act. The legislation would expand the investigative authority under the original act by allowing other federal law enforcement entities besides the FBI, such as the Bureau of Indian Affairs’ Office of Law Enforcement, to investigate cases of misrepresentation and work with Department of Justice attorneys to prosecute cases. In January 2010, the House passed a slightly modified version of the bill, and that measure is now awaiting further consideration in the Senate.
Protecting Yourself from Unscrupulous Marketers
To avoid purchasing misrepresented Indian arts and crafts, consumers should buy from a reputable dealer and ask the dealer for written verification that the item is an authentic Indian art or craftwork. Legitimate dealers are aware that, in light of the Indian Arts and Crafts Act, they should have such documentation available.
If you purchase an art or craft product represented as Indian-made, and find that it is not, take the following steps:
First, contact the dealer and request a refund. If the dealer does not comply, handle this as you would a consumer-fraud complaint by contacting your local Better Business Bureau, Chamber of Commerce, and the local District Attorney’s office.
Second, file a complaint with the Indian Arts and Crafts Board, a separate agency within the U.S. Department of the Interior created to implement and enforce the Act. A letter of complaint should include the following information: who sold the item (include the name, address, and telephone number of the seller); a description of the art or craftwork; how the item was offered for sale (include as much detail as possible); and what representations were made about the item (include claims that it was made by a member of a specific tribe, or statements about its authenticity). Please include copies of any other documentation, such as advertisements, catalogues, business cards, photos, or brochures. Do not send the arts and crafts products themselves.
You can contact the board at:
Indian Arts and Crafts Board
U.S. Department of the Interior
1849 C Street, NW, MS-2058-MIB
Washington, D.C. 20240
E-mail: iacb@ios.doi.gov
Telephone: (202) 208-3773
Toll Free: (888) ART-FAKE
Fax: (202) 208-5196
