Cedric Sunray: Bill threatens legitimate Indian artists with prison

Recently, two members of the Oklahoma House and Senate sponsored HB 2261 in order to overstep the authority of the federal Indian Arts & Crafts Act and redefine the term “Indian”. In their proposed bill, which recently passed the House with a 90-0 vote and is pending in the Senate, the sponsors, both of whom are citizens of the Cherokee Nation of Oklahoma, seek to redefine legitimate Indian art work, visual performance, and literature in Oklahoma as only that which is created by a citizen or enrolled member of an American Indian tribe recognized by the Bureau of Indian Affairs of the United States Department of the Interior, more commonly known as a “federally-recognized tribe.” Cherokee Nation of Oklahoma Chief Bill John Baker recently wrote an article asking for support of this bill. The emphasis for this is primarily due to the Cherokee Nation of Oklahoma’s long standing grievance with individuals and groups who they feel are misappropriating Cherokee identity.

The intended or unintended consequences of this bill if passed will be significant and produce, in my opinion, a regression of sensible dialogue and ways of engaging the complexity of identity in Indian Country. The current draft of HB 2261 effectively eliminates a large number of current Indian artists (to include those in visual and performing arts or literature) from continuing to produce their art and writings as Indian people without the threat of financial penalty and prison time.