New law in Oklahoma goes against Indian Arts and Crafts Act


The Red Earth Museum and Gallery is located in Oklahoma City, Oklahoma. Photo from Facebook

A new Oklahoma law aimed at ensuring the legitimacy of Indian arts and crafts takes effect in November.

Under HB2261 anyone who markets goods as "Indian" must be member of a federally recognized tribe. That requirement goes against the federal Indian Arts and Crafts Act, which includes members of state recognized tribes as well as federally recognized tribes in its definition of "Indian."

HB2261 also requires "Indian" goods to be the product of "American Indian labor or workmanship." That too appears to conflict with the federal law, which recognizes that tribes can designate "artisans" -- even non-members -- to create items on their behalf.

The federal law also recognizes goods produced by "Indian arts and crafts organization" as legitimate, something that isn't mentioned in HB2261.

"The bill requires that anybody in the state of Oklahoma that is selling arts or crafts as Native American arts or crafts in fact they have to actually be a member of a recognized tribe," State Rep. Ben Loring (D) told the Inter-Tribal Council of Northeastern Oklahoma on Thursday, The Miami News-Record reported. "It's a totally new law for us and I think it will go a long way in protecting the integrity of arts and crafts being sold in this state."

The Inter-Tribal Council of the Five Civilized Tribes, which represents the Cherokee Nation, Chicksaw Nation, the Choctaw Nation, the Muscogee Nation and the Seminole Nation, supported the bill.

Get the Story:
Inter-Tribal Council briefed on new laws (The Miami News-Record 7/22)

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