By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – The Eastern Band of Cherokee Indians (EBCI) has a community flush with artistic talent and history, and the Cherokee Arts and Crafts Act was passed to help with its sustainability.
The Act was created with the passage of Ord. No. 658 (2019) on Sept. 12, 2019. The Act, which is found in Cherokee Code Chapter 106 (Business Regulation) Article III, states in part, “The purpose of this article shall be to prohibit misrepresentation in the marketing of Cherokee arts, crafts, and goods so as to protect and promote the authenticity and integrity of Cherokee culture and members of the public engaged in commerce on the Qualla Boundary. The Tribe is committed to protecting its arts and culture and in telling the Tribe’s story accurately and truthfully.”
The Whereas section of Ord. No. 658 gives insight into the impetus behind the creation of the Act. “Some arts and crafts sellers on the Qualla Boundary display and sell items that are represented as being the arts and crafts of the EBCI or of other Native American tribes, but in fact the items have no connection to Cherokee artists or Cherokee history or to other tribes.”
There is federal law governing this issue. The Indian Arts and Crafts Act of 1990 states, “It is unlawful to offer or display for sale or sell any good, with or without a government trademark, in a manner that falsely suggests it is Indian produced, an Indian product, or the product of a particular Indian or Indian tribe or Indian arts and crafts organization”.
The Act defines an Indian as “any individual who is a member of an Indian tribe, or for the purpose of this section is certified as an Indian artisan by an Indian tribe”.
It defines Indian tribe as “any Indian tribe, band, nation, Alaska Native village, or other organized group of community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians; or any Indian group that has been formally recognized as an Indian tribe by a state legislature or by a state commission or similar organization legislatively vested with state tribal recognition authority”.
The penalty for the first violation of the federal Indian Arts and Crafts Act is up to five years imprisonment and a $250,000 fine with subsequent violations going up to 15 years imprisonment and a $1,000,000 fine.
The Whereas section of Ord. No. 658 states the reason behind the EBCI passing its own law on this issue. “There are other laws which intend to address this problem, including the federal Indian Arts and Crafts Act (P.L. 101-644), but these laws have not prevented inauthentic Cherokee goods and goods falsely purporting to be of other tribes from being displayed and sold; and for the betterment of the Tribe and the protection of its arts and cultures on the Qualla Boundary, the Tribe should create its own arts and crafts act to require truth-in-advertising for items represented as Indian arts and crafts on the Qualla Boundary.”
Also, the Cherokee Arts and Crafts Act limits Indian artists to members of federally recognized tribes only.
Sec. 106-64 of the Cherokee Arts and Crafts Act speaks to enforcement stating that violators will be found guilty of Trading in Inauthentic Goods. “Each violation of this Article shall be punishable by a fine not to exceed $1,000 and term of imprisonment not to exceed six months, or both.”
Sec. 106-64(b) further states, “Any person or business entity who knowingly violates any provision of this Article may have its tribal business license revoked by the Business Committee.”
