Indian Affairs Committee Looks To Update Bill That Protects Native Art

The Senate Committee on Indian Affairs has initiated a proposed bill to bolster law enforcement against fake Indigenous art. The announcement came from U.S. Senator Brian Schatz (D-HI), who informed the public that the Indian Affairs committee is inviting feedback on the draft Amendments to Respect Traditional Indigenous Skill and Talent (ARTIST) Act of 2023. The ARTIST Act seeks to revamp the current Indian Arts and Crafts Act, enhancing safeguards against illegitimate competition that Native artists and their creations face.

Although the public comment period has ended, the proposed updates indicate a more vigiliant effort by the Congress to protect Native American Artists, Art, cultural heritage and promoting Indigenous languages.

In 2023, the trafficking of counterfeit Indian art and artifacts unlawfully taken from Native lands continue to pose challenges that tribes, state, and federal authorities strive to tackle. The rapid rise in online art sales and auctions in the past couple of years has intensified these issues within the billion-dollar Indian art industry, as indicated by industry experts.

The Indian Arts and Crafts Act was created by Congress in 1990 in reaction to an increase in the sales of fake Indian goods in the Indian art market. It is implemented by the Indian Arts and Craft Board, a division of the Department of Interior. When goods are marketed as “Indian made” when they were not made by Indians, there are both criminal and civil sanctions.

Director of the Indian Arts and Crafts Board Meridith Stanton (Delaware Nation of Oklahoma) informed Native News Online that the current Act covers all venues.

“It could be something someone sees at a powwow, at an art market, in a store, online, or in an auction catalog,” she said. Basically, If someone is marketing an artifact as Indian, but the informant is letting us know that they don’t believe it is made by an Indian, an Alaskan Native, or a particular Indian tribe, we take all the information and we do our due diligence.”

For a first offense, a person may be subject to civil or criminal penalties of up to a $250,000 fine, a 5-year jail sentence, or both. A company that breaches the IACA may be subject to civil fines or to criminal prosecution and a fine of up to $1,000,000.

A Houston man was given five years of probation earlier this month after being found guilty of mail fraud and misrepresenting Indian goods in accordance with the Indian Arts and Crafts Act, according to a statement from the Justice Department.

Legal filings reveal that Kevin Charles Kowalis, aged 60, deceitfully advertised and sold jewelry over the internet, labeling it as “Native American Indian Handmade,” “genuine Indian handcrafted,” “Zuni,” and “Navajo.” The counterfeit jewelry he sold was supplied by a manufacturer in the Philippines, who has no association with any officially recognized Native American tribe.

Two Washington artists admitted to breaking the Indian Arts and Crafts Act on March 1 in two separate criminal proceedings in Seattle by passing themselves off as Native Americans when they had neither tribal membership nor ancestry.

The males, Jerry Chris Van Dyke aka Jerry Witten, 67, of Seattle, and Lewis Anthony Rath, 52, of Maple Falls, Washington, falsely identified themselves as members of the Nez Perce and San Carlos Apache tribes, respectively.

“For those selling counterfeit Indian art and craftwork it is important to know that wherever you are we will diligently work to find and prosecute you under the Indian Arts and Crafts Act,” Stanton said in a prepared statement.