Smoke Signals ' March 1991
Community News
ATTENT ION: ?
ALL TRIBAL COMMITTEES
AND TRIBAL MEMBERS
LEATHER FACTORY PILOT
PROJECT
The Tribal Council has given their approval to the
Archaeology Committee to make arrangements with the
"LEATHER FACTORY" to order leather and other
items to use in designing and making regalia and crafts
for resale, etc., at WHOLESALE PRICES.
All Tribal Committees and individual Tribal Members
can order through the Archaeology Committee as
outlined below.
1. Contact Mary Trevino (879-5211 ext. 200).
Mary will have catalogs and price lists available, and will
help you figure the cost of your order.
2. Decide what you want to order in advance.
Once the order is placed it can't be changed.
3. Submit a personal check or money order to
the Archaeology Committee. ALL ORDERS MUST
BE PAID IN ADVANCE. The Archaeology Commit
tee will place the order, and contact you when the order
comes in so it can be picked up.
ALL COMMITTEES AND TRIBAL MEMBERS
INTERESTED IN BUYING LEATHER AND
OTHER ITEMS ARE ENCOURAGED TO CON
TACT EITHER MARY TREVINO OR THE AR
CHAEOLOGY COMMITTEE.
Native Arts & Crafts
Tribal members who are interested in participating in
an Arts & Crafts Association should attend a meeting
with Economic Development Specialist, Mitch Conley
and Administrative Assistant, Mary Trevino on March
15th, at 6:30 p.m. in the new Tribal Office Complex in
the Council Chambers.
This meeting is for the purpose of organizing Tribal
artists for future projects and to establish a list of those
interested. Please feel free to bring the entire family.
For additional information contact Mitch or Mary at
879-5211.
Indian Arts and Crafts
Act of 1990
Recognizing the need to strengthen and
support the development of
the Indian Arts and Crafts
By Tonya Parker
On November 29 of last year, the Indian Arts and Craft
Act (Public Law 101-644) of 1990 was passed. This law
amends a 1935 Law. The 1935 Law was enacted to
promote the development of Indian arts and crafts. The
earlier legislation created the Indian Arts and Crafts
Board as an independent federal agency in the Depart
ment of the Interior. It also set forth criminal and civil
penalties for counterfeiting Indian Arts and Crafts
Board trademarks and for misrepresentation of goods
and products as Indian products.
Background of 1935 Indian Arts and Crafts Act
A review of a 1990 Congressional Committee Report
provided the following background.
Since 1935, the Indian Arts and Crafts Board has been
responsible, in the field of Indian arts and crafts for
- improving the economic status of Native
Americans;
establishing and expanding the marketing
opportunities of Indian people; and
assisting Indian Tribes to develop a frame
work to support the preservation and evolution of Tribal
cultural activities.
The 1935 law also gave the Board the authority to
create a Government trademark of genuineness;
establish standards and regulations for the use of such
trademarks; and to register the Board's trademarks in
the U.S. Patent Office without charge. In addition, the
1935 Act established criminal penalties for counterfeit
ing of the Board's trademark and for misrepresentation
for the purposed of sale, Indian produced goods and
products.
Although there has been a law in effect since 1935, very
little has been done to enforce it. Without a process of
enforcement, there has been no meaningful deterrent to
those who misrepresent imitation Indian arts and crafts.
Testimony given, August 17, 1989, in field hearings
conducted by an Interior Committee in Santa Fe, New
Mexico, indicated that there has not been a single prose
cution in over fifty years. This was partly attributed to
the difficulty in proving "willfulness" and "intent" as
required by law. Also there is little information avail
able which documents the effectiveness of the Board in
assisting Indian artists to register trademarks.
The 1990 Amendments to the 1935 Act are intended to
strengthen the previous legislation. Congressman Jon
Kyi and Congressman Ben Nighthorse Campbell co
sponsored the bill supporting the 1990 Amendments
(P.L. 101-644), after hearing the concerns of Tribal
leaders, and Indian Artists.
In early January, 1991, First Nations contacted the
Washington, D.C. Office of the Indian Arts and Crafts
Board for information on the Board's plans for imple
menting the new legislation. Geoffrey Stamm, Indian
Arts and Crafts Board staff stated that, "the new law is
being analyzed by their Office of General Counsel and
upon completion of the legal staffs review, they would
begin developing information on the new law and
distributing it to the public." Board plans include
contacting Tribes and establishing a process of consulta
tion with Tribal Leaders and Indian Artists for develop
ing federal regulations. The responsibility for drafting
regulations rests with the Board. .
Immediately following the enactment of the 1990
Amendments, First Nations' Marketing Program began
receiving calls from Indian Artists, who were interested
b obtaining more information. Many had questions and
concerns on particular aspects of the law. It is expected
that as implementation occurs a number of issues will
surface. The following arc some of the most prevalent
issues and questions surfacing at the time of this writing.
Now that the Indian Arts and Crafts
Board is authorized to register trademarks to Tribes and
Artists free-of-charge, what happens when the trade
mark expires in the 5-6 year? What will the Indian Arts
and Crafts Board's role and responsibility be for
assisting Tribes and Artists obtain registration for "con
tinued use" e.g., tracking and notifying Artists of
expiration: covering re-registration fees?
With the provision that Tribes can
certify individuals as Indian Artists-how will criteria be
established and will it be uniform?
What, if any, is the responsibility of a
Tribe to issue proof of Tribal membership to Indian
Artists for purposes of obtaining trademarks?
Since, under the provisions of this law,
only the Attorney General and Tribes have the right to
file a civil law suit-what happens to compensation
recovered in a suit filed on behalf of an individual Artist:
First Nations' Marketing Program and Policy staff will
be following these and other issues pertaining to the new
amendments, and developing a plan to assist Indian
Artists maximize benefits available within the law and
from the Board. This will include a further in-depth
analysis of the amendments, and establishment of a
process for working with Artists, Tribes, and the Board.
It is important now, to turn attention to the development
of the federal regulations where some issues and
questions may be addressed. Regulations cannot
broaden the law, but may be used to refine, restrict or
clarify the law.
With current Congressional and Agency interest high
to strengthen the protection and developmental policies
for Indian Artists, it is an opportune time to organize
and promote the Indian Arts Market. First Nations is
interested in receiving your view and comments regard
ing the Indian Arts and Crafts Act of 1990. Please
contact Lori Pourier or Tonya Parker at First Nations
Financial Project, 69 Kelley Road, Falmouth, Virginia
22405, Telephone No. (703) 371-3505.
For further information: The Indian Arts and Crafts
Board was established in 1935, by P.L.74-355, as an
independent federal agency located in the U.S. Depart
ment of the Interior.
For information contact:
Robert Hart, Director
Indian Arts and Crafts Board,
Room 4004 - MIB
U.S. Department of the
Interior,
Washington, D.C. 2024
Tonya E. Parker, a Choctaw from Oklahoma,
is Policy Director for First Nations.