Art act in effect at holiday
TAHLEQUAH, Okla. – This Cherokee National Holiday, anyone marketing themselves as Indians and operating vendor booths on Cherokee Nation property must be able to prove citizenship in a federally recognized tribe or face expulsion.
The tough measure stems from the tribe’s Truth in Advertising for Native Art Act, which Tribal Councilors passed and Principal Chief Chad Smith signed in January.
“We sent all of our arts and crafts vendors a copy of the Truth in Advertising for Native Art Act along with an arts and crafts contract,” Lou Slagle, holiday coordinator, said. “I’ll be making up some sort of license or verification (showing) that this vendor is an authorized Native American vendor.”
He said his staff would check booths to ensure that the act is followed and that if a vendor is caught misleading or deceiving customers, the vendor would be escorted off CN property by CN marshals and banned.
Despite the tough penalty, the act isn’t designed to stop non-Indians from operating holiday booths, but to stop them from claiming to be Indians.
“Any vendor can go out there. It’s just the difference between this vendor being certified as a tribal member versus someone who is just selling stuff,” Tonia Williams, CN Web manager and member of the tribe’s Fraudulent Indian Tribes Team, said. “As a Cherokee, as a federally recognized tribal citizen, you should be able to be certified as a federally recognized tribal citizen instead of just coming in and claiming to be Indian.”
FITT members said they initiated the act after seeing non-Indians using Web sites, buying memberships into state-recognized tribes or other so-called Indian groups and calling or associating themselves with Indian cultures – primarily through art – to legitimize themselves as Indians.
Cara Cowan Watts, Dist. 7 Tribal Councilor and FITT member, said many non-Indians use “fake identities” to sell art, fabricate culture and legitimize themselves as Indians.
Williams said FITT members don’t know how much money has been spent on non-Indian art over legitimate Indian art during the years but “for every dollar they (non-Indians) receive, it’s a dollar that doesn’t go to a real Native American.”
Theact’s main purpose is to foster authentic Indian art and combat non-Indians selling art as Indian art by defining an Indian as a federally recognized tribal citizen. Cowan Watts said the limited definition makes the CN act stronger than the U.S. Indian Arts and Crafts Act, which includes state-recognized tribal citizens.
She said the tribe’s act also expands the definition of art. It states that art is “an object or action that is made with the intention of stimulating the human senses as well as the human mind/and or spirit regardless of any functional uses,” including crafts, handmade items, traditional storytelling, contemporary art or techniques, oral histories, other performing arts and printed materials.
“It is to clarify any art, performing art, physical art or written art that you have to be a federally recognized tribal citizen if you are claiming that those things are Indian or Native American,” Cowan Watts said. “That’s different from the federal Indian Arts and Crafts Act in that it is more inclusive of all art forms. And it limits it to federally recognized tribal citizens because we believe that so-called state recognized tribes are illegitimate.”
FITT coordinator Julie Ross said the federal law allows non-Indians to market themselves as Indians because all they have to do is join a state-recognized tribe, which usually requires an enrollment fee.
“Because the federal act recognizes state-recognized tribes, it is meaningless,” Ross said.
CN’s act also establishes guidelines for the purchase, promotion and sale of genuine Native American arts and crafts within its jurisdiction and by its entities. That includes CN government offices, Cherokee Nation Businesses, Cherokee Nation Enterprises, Cherokee Nation Industries, the Housing Authority of the Cherokee Nation and any component and entity the CN is a sole or majority stockholder or owner.
For example, if non-Indian vendors sell items while claiming to be Indians on Cherokee Heritage Center grounds and go unpunished, the CHC could lose its CN funding.
“This is still all in process,” Williams said. “We don’t know what really is going to happen, but we hope that we at least start a trend.”
Cowan Watts said the act’s enforcement at holidays should bring back Cherokee artists who have been pushed out by non-Indians.
“What we find is, too frequently, it’s real easy for these folks who aren’t Cherokee to scream and yell louder than our real Cherokees,” she said. “If these non-Indian people spend their entire day playing Indian while all our real tribal citizens have regular jobs, then it’s much easier for all these people buying and selling to be attracted to these non-Indians. This will be the first holiday that the act has an effect on, so I expect that to encourage our traditional folks to return.”
The act also states the CN shall not knowingly offer for sale art produced by individuals who falsely claim, imply or suggest they are Indian and will not host, sponsor, fund or otherwise devote or contribute resources to exhibits showing artists who falsely claim, imply or suggest they are Indian.
“So we if find the Five Civilized Tribes Museum (in Muskogee, Okla.) is including known wannabes, not just state recognized…but people who are not part of a state-recognized tribe and are truly just claiming to be Indian in an art show over our federally recognized tribal citizens we could pull the money,” Cowan Watts said. “Our belief is that the Five Tribes Museum is supposed to serve the Five Civilized Tribes.”
Roger Cain, a Cherokee citizen and artist from Stilwell, Okla., said he and his wife Shawna support the act and see it as honoring their Cherokee ancestors.
“To me, if they are federally recognized they are the ones with the ancestors who stood up and said ‘I’m Cherokee; I’m Keetoowah,’ from the very beginning. We have to honor our ancestors who did this,” he said. “I got friends who are mad about it and were from the very beginning. I feel bad for them, but I tell them that I’m honoring my ancestors.”
Cain said although he supports the act, he thinks state-recognized tribal citizens have the right to make art but should have separate categories at art shows.
“If a person is buying Native art, they should know that the artist still lives in the community, still works with the Indian community and practices within the Indian community and is federally recognized,” he said. “We want to make a different category for the state-recognized tribes so they can show their stuff and aren’t competing with us.”
He does, however, want the law to impact people who know nothing about Indians or Indian culture yet tell people they are Indian.
“I want this law to impact those guys,” he said. “That’s what this law is about, catching those guys. If I’m out here in the woods gathering what I need to make my art piece, and then somebody in a big city who all of a sudden realizes they are Indian because of an old family photo can order stuff off the Internet and make their piece, it makes me say, ‘hey, I’m out here living the Cherokee culture by gathering my materials and you’re living where the Cherokees got moved away from.’ That is what the act is about – reinforcing real Cherokees and real Indians.”
FITT members said along with the holiday booths and CHC gift shop, the act has also affected CNE’s art markets and gifts shops by ensuring each item sold under the Indian art label is made by federally recognized tribal citizens.
“The entities have cleaned up a lot of the stuff they had,” Williams said. “We’ve had everything from stuff made in China to artists’ works and things like that. They have cleaned up to where they aren’t presenting non-Indians’ works, especially books. If you are saying that you are Cherokee in the book, and you’re not, then don’t say it.”
Cowan Watts said books not written by “federally recognized tribal citizens are supposed to be migrated out or there’s going to be a sticker on them saying they are not Cherokee or Indians.”
One writer she cites is author Robert J. Conley, whose books include Cherokee history-based fictions, as well as the non-fiction works “A Cherokee Encyclopedia” and “The Cherokee Nation: A History,” which the CN commissioned him to write.
Cowan Watts said Conley is only an associate member of the United Keetoowah Band and can’t trace any Cherokee heritage.
Conley, who disagrees with the act, said he traces his Cherokee lineage to the Dawes Rolls via his grandmother, Myrtle E. Parris, who is listed on the final rolls.
“If I’m not a Cherokee, it’s interesting that the Cherokee Nation registered me initially and the UKB later enrolled me,” he said. “My grandmother is one of the original (Dawes Rolls) enrollees. If Cara Cowan and her cohorts have nothing better to do than be Cherokee blood police, then they need to find some kind of lives for themselves.”
According to the UKB Office of Enrollment, Conley is an inactive member.
“In tribal enrollment terms his file is labeled ‘inactive’ because there is no record of a relinquishment letter (of CN citizenship) or a CDIB (Certificate Degree of Indian Blood) for Mr. Conley,” Sammy Still, UKB media coordinator, wrote in an e-mail. “In regards to whether Mr. Conley would be able to become a member of the United Keetoowah Band, this would depend on what degree of blood he is by providing the tribe with a CDIB.”
Conley said there was no relinquishment letter because he wasn’t a CN citizen when he enrolled in the UKB and that he doesn’t have a CDIB because he doesn’t want one.
Another aspect of the act allows the CN Tribal Employment Rights Office to certify a list of federally recognized tribal citizens as artists. Artists who register on the list would do so voluntarily, which Cowan Watts encourages.
“I get calls from Tulsa corporations or from all over the United States…and they want to buy gifts or something like that,” she said. “That way there’s a list I can send that is much more fair and equitable and we know it’s legitimate.”
Cowan Watts said the act should also help with the tribe’s cultural tourism by ensuring that tourists meet authentic Cherokees and Cherokee artists.
“We also felt that it was important to get ahead on this for the cultural truth,” she said. “It’s an economic development tool, and it’s important that we have all this in place before cultural tourism develops. We don’t want Japanese and German tourists coming in and buying from these known wannabes. We want them buying from our community members…not from who has the biggest turkey feathers.”