Gail K. Sheffield - The arbitrary Indian: the Indian Arts and Crafts Act of 1990
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The arbitrary Indian: the Indian Arts and Crafts Act of 1990
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The Arbitrary Indian : The Indian Arts and Crafts Act of 1990
author
:
Sheffield, Gail K.
publisher
:
University of Oklahoma Press
isbn10 | asin
:
0806129697
print isbn13
:
9780806129693
ebook isbn13
:
9780806170473
language
:
English
subject
Indian arts--Law and legislation, Indian handicraft industries--Law and legislation, Indians of North America--Legal status, laws, etc, Art--Forgeries--United States.
publication date
:
1997
lcc
:
KF8210.A57S53 1997eb
ddc
:
344.73/097/08997
subject
:
Indian arts--Law and legislation, Indian handicraft industries--Law and legislation, Indians of North America--Legal status, laws, etc, Art--Forgeries--United States.
Page iii
The Arbitrary Indian
The Indian Arts and Crafts Act of 1990
Gail K. Sheffield
UNIVERSITY OF OKLAHOMA PRESS Norman and London
Page iv
This publication is designed to provide accurate information in regard to the subject matter covered. It is sold with the understanding that neither the publisher nor the author is engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.
Library of Congress Cataloging-in-Publication Data
Sheffield, Gail K., 1940 The arbitrary Indian: the Indian Arts and Crafts Act of 1990 / Gail K. Sheffield. p. cm. Includes bibliographical references and index. ISBN 0-8061-2969-7 (cloth: alk. paper) 1. Indian artsLaw and legislation. 2. Indian handicraft industriesLaw and legislation. 3. Indians of North AmericaLegal status, laws, etc. 4. ArtForgeriesUnited States. I. Title KF8210.A57S53 1997 344.73'097'08997dc2197-9593 CIP
Text design by Cathy Carney Imboden. Text is set in Weiss.
The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources, Inc.
Copyright 1997 by the University of Oklahoma Press, Norman, Publishing Division of the University. All rights reserved. Manufactured in the U.S.A.
1 2 3 4 5 6 7 8 9 10
Page v
Contents
Preface
vii
Introduction
3
Chapter 1: The Making of the Act
11
2: Legal Context and Sovereignty
32
3: Federal and State Recognition
53
4: The Identity Question
81
5: "Real" Indians
102
Conclusions
121
Appendix A: Civil Statute (25 U.S.C. 305)
159
B: Criminal Statute (18 U.S.C. 1158 AND 1159)
165
C: Federal Acknowledgment Procedure (25 C.F.R. 83)
169
D: Final Regulations to Implement the Indian Arts and Crafts Act of 1990
181
Notes
199
Bibliography
203
Index
215
Page vii
Preface
Several years ago, I discovered the fascinating world of federal Indian law. As both a lawyer and an anthropologist, I firmly believe that law and anthropology have much to offer each other; indeed, it is probably not coincidental that several of the founders of anthropology as a discipline were lawyers. Federal Indian law is unique in the United States because it recognizes and enhances the political separation of American Indians from the remainder of American society, thus presenting opportunities for anthropologists interested in studying the inevitable social and cultural implications.
When I first read the Indian Arts and Crafts Act of 1990, it struck me instantly as ripe for such scrutiny; my subsequent inquiry beyond its surface confirmed my initial impression. A federal statute applicable nationwide creates difficulties for research, but fortunately for the purposes of my own research this statute generated such controversy that a number of prestigious organizations brought together affected and knowledgeable American Indians from diverse backgrounds and with various points of view to discuss the issues raised. Three of the forums cited in this study took place before I began my research, but I was able to gain
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