Native Americans
Counterfeit Native American Art Undercuts Legitimate Artists
Charles Loloma is regarded as one of the most influential Native American jewelers of the 20th century. The Hopi artist incorporated new designs and materials in rings and necklaces that sell for tens of thousands of dollars and are among the most valuable in Native American jewelry.
Loloma died in 1991. So when previously-unknown Loloma jewelry started showing up on eBay, it looked suspicious to federal agents charged with enforcing the Indian Arts and Crafts Act. Investigators posed as buyers and purchased from California resident Robert Haack $10,000 of what he advertised as genuine Loloma jewelry.
Agents then called Loloma’s niece, Verma Nequatewa, a jeweler who studied under her famous uncle. She traveled from her home on the Hopi Nation to a U.S. Fish and Wildlife Service forensics laboratory in Oregon to deconstruct the jewelry and certified that it was a fake.
“It just makes me angry,” Nequatewa told VOA. “Some of us artists work very hard to make our living, and people like this just get away with it.”
Haack was indicted on four counts of violating the Indian Arts and Crafts Act. He pleaded guilty in 2021 and is awaiting sentencing.
Nequatewa’s husband, Robert Rhodes, estimates that Haack sold more than one million dollars of fake Loloma jewelry before his arrest.
“It hurts the whole industry of Native American art,” he said. “Because if somebody thinks that they're buying a real Loloma piece and they pay ten thousand dollars for it only to find out it's a fake, they're not going to buy a piece of Indian art again.”
Few prosecutions
The Haack case is one of the few prosecuted by the Indian Arts and Crafts Board, which a GAO study found received 649 complaints between 1990 and 2010 and prosecuted five.
"These cases take a great deal of time and resources," said Indian Arts and Crafts Board director Meredith Stanton, an enrolled member of the Delaware Nation of Oklahoma.
The law protects the artistic work of any member of a federal- or state-recognized Indian tribe or anyone whom a federal or state-recognized Indian tribe certifies as an Indian artisan. Products marketed as “Native American style,” however, are not prohibited under the law and may be manufactured and sold by anyone.
Products designed by a Native American but produced by a non-Native American do not qualify as Native-American made. Products manufactured overseas are meant to be indelibly marked to identify their country of origin. But Cherokee historian and activist David Cornsilk says unscrupulous dealers simply peel off those labels and pass off those crafts as “Native made”.
History
The Navajo began producing jewelry in the mid-19th century, obtaining silver from melted down coins and candlesticks.
“We didn’t really have a money system. When we traded and got silver – whether it be through Spanish coins or whatever – we ended up converting that into jewelry,” said Navajo jeweler Reggie Mitchell. “In essence, we were wearing our wealth, and that became our way of bargaining or trading.”
The railroad – and later the automobile – brought curiosity seekers and ethnographers to the American Southwest. Enterprising Navajo, Hopi and other Pueblo artisans found ready buyers for their wares at railway stops in Albuquerque and Santa Fe.
As demand for their crafts grew, Congress passed the Indian Arts and Crafts Act of 1935 (IACA). The law established an Indian Arts and Crafts Board within the Interior Department to help Native craft persons to market their work. The law also made it a misdemeanor to sell imitation products and set penalties at up to $2,000 and/or up to six months in jail.
This did not stop the counterfeiting, however. By 1985, the Commerce Department estimated annual sales of Native American arts and crafts at $400 to $800 million and suggested that cheap imitations imported from Mexico and Asia made up 20 percent of that market.
Congress in 1990 amended IACA, upgrading violations to felonies punishable by up to $250,000 in fines and/or five years in prison for individual violators and fines up to $1,000,000 for businesses.
“The original was directed toward the economy and well-being of American Indians, and the 1990 law was aimed at protecting buyers from fraud," Cornsilk told VOA. “The Internet complicates things because it allows for the buying and selling of items without actually coming in contact with the vendor, so there’s no way to know whether the person selling is legit.”
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What happened to Native American skull looted by Chicago reporter?
NOTE: This story contains culturally sensitive information that may be distressing for some readers. Caution is advised.
WASHINGTON — In the summer of 1889, a group of cynical Chicago crime reporters organized itself as the Whitechapel Club, taking the name of the London district where serial killer Jack the Ripper found his victims.
They rented rooms in a back-alley saloon, and in keeping with the club’s macabre theme, they decorated the walls with relics of war and crimes: revolvers, knives, hangman’s ropes.
“I suppose the gruesome [sic] connotations of the name led to our practice of collecting relics of the tragedies we were constantly reporting,” member Brand Whitlock recalled in his 1914 memoir, “Forty Years of It.”
John C. Spray, the former superintendent of the county’s mental asylum, donated skulls which Whitechapel member Chrysostom “Tomb” Thompson converted into tobacco jars, drinking cups and shades for gas lamps.
Whitechapel member and Chicago Herald writer Charles Goodyear Seymour was among the correspondents who covered the 1890 Wounded Knee massacre of as many as 300 Miniconjou and Hunkpapa Lakota men, women and children in South Dakota. He returned home with a collection of war relics, including a woman’s ghost shirt — white cotton, embroidered with yellow — and Native American skulls, according to Brand.
Seymour also traveled to the Blackfeet and Piegan reservation in Montana, recounted in a May 12, 1891, article for the Herald titled, “How to Steal a Skull.” Seymour described how he and an Army infantry lieutenant sneaked into a graveyard at night and managed to retrieve two skulls.
“There is not much fun in robbing a graveyard,” he wrote, “even if it is an Indian graveyard.”
'A large collection'
The Whitechapel Club’s reputation helped grow its ghastly collection.
“It became the practice of sheriffs and newspapermen everywhere to send anything of that kind to the Whitechapel Club. The result was that within a few years, it had a large collection of skulls of criminals,” Whitlock would later write.
Among Seymour’s contributions was the skull of an “Unc’papa [Hunkpapa Lakota]” woman, described by Whitechapel member George Frank Lydston as “the wife of one of the leading malcontents in the recent outbreak” at Wounded Knee.
Lydston was a Chicago urologist and professor of criminal anthropology at the Chicago-Kent College of Law. He was also a staunch eugenicist who believed that the shape of people’s skulls indicated intelligence or “undesirable” traits such as criminality and other forms of “degeneracy.” Lydston, who was a member of the Whitechapel Club, used some of the skulls to support his research.
A screenshot from "The Diseases of Society" by G. Frank Lydston shows an illustration of a skull alleged to have belonged to a Hunkpapa woman who died at Wounded Knee.
The Wounded Knee skull was among several that Lydston presented in a 1904 book, “The Diseases of Society: The Vice and Crime Problem.”
He concluded little about the Hunkpapa skull, other than that she had an elongated and symmetrical head and was likely “as intelligent as the average of the better class of her people.”
So, who was she and what happened to her skull? Did she really die in the massacre, or had Seymour invented her identity to add to the skull’s grisly appeal?
Shortly before his death in 1920, Joseph Horn Cloud, a Miniconjou Lakota Wounded Knee survivor who later co-founded the Wounded Knee Survivors Association, compiled a list of individuals who survived or were killed in the massacre.
In 2019, the Cheyenne River Sioux Tribe's West River Eagle published a separate list, date unknown.
Most were Miniconjou followers of Spotted Elk from the Cheyenne River Reservation or Hunkpapa followers of his half-brother Sitting Bull from the Standing Rock Reservation.
Comparing both lists, VOA was able to identify three Hunkpapa women who died in the massacre: Zintaikiwin (Bird’s Belly), Itewakanwin (Sacred Face), and Wannawega tawicu (Wife of Breaks Arrows with Foot). Two women died later of wounds received in the massacre: Wowacinyewin (Dependable) and Kicinajinwin (Wife of Stands With).
It is not known if their bodies were recovered by their families or buried in the mass grave at Wounded Knee.
From Chicago to Washington
In May 1891, Lydston traveled to Washington to present his findings at the annual convention of the American Medical Association. He brought with him a trunk full of skulls, The Washington Post reported, including that of the Hunkpapa woman.
Lydston boasted that it was he, not Seymour, who had been sent to Wounded Knee and retrieved the skull, adding that while he was there, he had been taken prisoner and held for more than three weeks. He did not say by whom.
“He was allowed just enough to live on, and was a walking skeleton when released,” the Post reported.
Lydston told the newspaper he was donating the skulls to AMA.
“Dr. Lydston says the club did not want to give up these specimens, but he persuaded the members into doing so,” the Post concluded. “He says that no amount of money would buy the specimens now in the hall of the Whitechapel Club.”
VOA reached out to AMA about the Hunkpapa skull.
“Based on a review of AMA’s archives, the AMA neither currently nor in the past possessed human tissue or specimens,” a spokesperson responded via email. “In official proceedings, there are mentions of exhibits that contained human remains, but these were presented at meetings and then went on tour or home with the exhibitor.”
The AMA says one of those exhibits at its Chicago headquarters was dismantled in 1935 and its contents donated to the city’s Museum of Science and Industry.
Kathleen McCarthy, head curator at the Chicago Museum of Science and Industry, told VOA, “We have no record of a donation of skulls from the American Medical Association in 1935. In all my time here, I have not heard of or seen any skulls in the collection.”
What if Lydston did not donate the Whitechapel Club skulls as he claims and kept them for himself?
After the club dissolved in 1895, Lydston published “Over the Hookah: The Tales of a Talkative Doctor” in which an aging “Dr. Weymouth” relates a series of anecdotes to a young medical student.
Though it is a work of fiction, Lydston acknowledges in the preface that the tales are “taken from life.”
In one chapter, the student describes a large cabinet in the older doctor’s library. It contains a collection of “curious and ghastly skulls” that were “the doctor’s pride.”
Lydston died of pneumonia in 1923. In his last will and testament, he left all property to his wife. But there is no record of the contents of that property.
The 1990 Native American Graves and Repatriation Act, NAGPRA, requires museums and federal agencies to take an inventory of all human remains and funerary objects in their collection and work with tribes to return them. Updated rules give them until 2029 to comply.
“The law is very clear that institutions do not own native bodies or cultural items unless they can prove a right of possession,” said Shannon O’Loughlin, a citizen of the Choctaw Nation of Oklahoma and CEO and attorney for the Association on American Indian Affairs. “That means that there had to have been voluntary consent at the time of taking of the Native ancestor or other cultural items.”
Nor did Congress provide a remedy for cases in which private collectors or non-federally funded organizations hold Native American remains and related artifacts.
If the Lydston family donated the Hunkpapa skull to a medical school or other public institution covered by the law, she may one day be returned to her lineal descendants and the Hunkpapa community.
Native American news roundup, March 31-April 6, 2024
Updated standards on race and ethnicity data will benefit Native Hawaiians, Pacific Islanders
The federal government’s Office of Management and Budget has revised standards for collecting and presenting race data to ensure the diversity of the U.S. population is adequately represented.
Among the most affected will be Native Hawaiians and Pacific Islanders, who have previously been lumped into a single category. Now they will be allowed to identify as, for example, Fijian, Tahitian, Samoan or Chuukese.
Members of the Congressional Asian Pacific American Caucus, or CAPAC, described the changes as a “historic milestone” for Asian American, Native Hawaiian and Pacific Islander, or AANHPI, communities.
“As CAPAC has consistently emphasized, grouping our AANHPI communities together often masks the disparities that certain racial or ethnic groups face, including on economic prosperity, health outcomes, home ownership or educational attainment, and make government programs and services less responsive and effective,” said CAPAC chair, U.S. Representative Judy Chu, a Democrat from California.
Read the White House announcement here:
Governor, tribes, continue to clash in South Dakota
South Dakota Governor Kristi Noem released a statement Tuesday calling on tribes to “banish cartels from tribal lands.”
“The cartels instigate drug addiction, murder, rape, human trafficking and so much more in tribal communities across the nation, including in South Dakota,” Noem said.
She has repeatedly suggested that tribal leaders are misusing federal funds. She has also criticized President Joe Biden for failing to adequately fund tribal law enforcement.
During a special session in January, Noem told state lawmakers that South Dakota has been “directly affected” by an invasion of drug and human traffickers from the southern U.S. border and that cartels were working inside reservations in the state.
In a March town hall meeting, she alleged that tribal leaders were personally profiting from cartels.
Noem has also called for the government to conduct “public and comprehensive single audits” of all federal funds allocated to South Dakota’s nine Native American tribes.
The Single Audit Act requires an annual audit of all nonfederal entities, including tribes that spend over $750,000 in Federal Financial Assistance.
Indian Country Today reports that a search of the Federal Audit Clearinghouse shows that most South Dakota tribes regularly completed audits — at least up until 2020, when “an influx of funding for COVID-19 relief caused issues backlogging the process and overwhelming the treasurers.”
This week’s statement noted that following Noem’s call for an audit, “multiple members of the Oglala Sioux Tribe, including tribal councilmembers, unveiled serious allegations of corruption within tribal government.”
"Video of these comments will be made available upon request," it said.
At VOA’s request, Noem’s press secretary sent four video clips but failed to specify where they came from or how they were obtained.
VOA determined that they had been clipped from Oglala Lakota Sioux, or OST, tribal council meetings March 26-27 as seen on KOLC- TV's YouTube page, in which council members alleged the misuse of federal emergency funds by the tribe’s housing authority and questioned why the tribe was contracting to hire “Mexicans from Texas” when unemployment on the reservation stands at 80%, among other complaints.
Tribal leaders in South Dakota have expressed outrage over her remarks, accusing her of being racist and working to perpetuate stereotypes.
This week, the Cheyenne River Sioux Tribe banned her from their reservation, following in the footsteps of the OST, which banned her from Pine Ridge in February.
Handful of Native American tribes will experience total solar eclipse
On Monday, a total solar eclipse will cross the United States from Texas to New York. Anyone inside its 115-mile-wide path (185 kilometers) of totality will be able to see the moon fully block the face of the sun. Anyone outside of that path will see a partial eclipse.
A map of the eclipse’s path reveals that tribal nations in only four states will experience totality: the Kickapoo Traditional Tribe in Texas, the Choctaw Nation in Oklahoma, some Nations of the Haudenosaunee Confederacy in New York and the Penobscot Nation in Maine.
The federal government recognizes 574 tribes, 347 of them in the lower 48 states.
No federally recognized tribes reside in the other states over which the eclipse will travel. Those states are Arkansas, Tennessee, Illinois, Indiana, Ohio and Pennsylvania — landscapes where prior contact and policies of forced removal eliminated hundreds of vibrant Indigenous communities.
Nor do any federally recognized tribes remain in Vermont, New Hampshire, Georgia, New Jersey, Delaware, Maryland, the District of Columbia or West Virginia.
"Rezbians" addresses same-sex love on reservations
VOA reporter Gustavo Martinez Contreras reported this week on an Indigenous graphic artist in New Mexico who is using a comic book to tell a story about same-sex love and identity on a Native American reservation.
Native American artist tells tale of love, identity
An Indigenous graphic artist in the Southwest U.S. state of New Mexico is using a comic book to tell a story about same-sex love and identity on a Native American reservation. Gustavo Martínez Contreras has our story from Albuquerque.
Uranium being mined near Grand Canyon as prices soar
The largest uranium producer in the United States is ramping up work just south of Grand Canyon National Park on a long-contested project that comes as global instability and growing demand drive uranium prices higher.
The Biden administration and dozens of other countries have pledged to triple the capacity of nuclear power worldwide in their battle against climate change, and policy changes are being adopted by some to lessen Russia's influence over the supply chain.
But as the U.S. pursues its nuclear power potential, environmentalists and Native American leaders remain fearful of the consequences for communities near mining and milling sites in the West and are demanding more regulatory oversight.
The new mining at Pinyon Plain Mine near the Grand Canyon is happening within the boundaries of the Baaj Nwaavjo I'tah Kukv National Monument that was designated in August by President Joe Biden. The work was allowed to move forward since Energy Fuels Inc. had valid existing rights.
Low impact with zero risk to groundwater is how Energy Fuels spokesperson Curtis Moore describes the project.
The mine will cover 6.8 hectares (16.8 acres) and operate for just a few years, producing about 907,000 kilograms (about 2 million pounds) of uranium — enough to power the state of Arizona for at least a year with carbon-free electricity, he said.
"As the global outlook for clean, carbon-free nuclear energy strengthens and the U.S. moves away from Russian uranium supply, the demand for domestically sourced uranium is growing," Moore said.
Energy Fuels, which also is prepping two more mines in Colorado and Wyoming, was awarded a contract in 2022 to sell $18.5 million in uranium concentrates to the U.S. government to help establish the nation's strategic reserve for when supplies might be disrupted.
Amid the growing appetite for uranium, a coalition of Native Americans testified before the Inter-American Commission on Human Rights in late February, asking the panel to pressure the U.S. government to overhaul outdated mining laws and prevent further exploitation of marginalized communities.
Carletta Tilousi, who served for years on the Havasupai Tribal Council, said she and others have written countless letters to state and federal agencies and have sat through hours of meetings with regulators and lawmakers. Her tribe's reservation lies in a gorge off the Grand Canyon.
"We have been diligently participating in consultation processes," she said. "They hear our voices. There's no response."
Numerous legal challenges aimed at stopping the Pinyon Plain Mine repeatedly have been rejected by the courts, and top officials in the Biden administration are reticent to weigh in beyond speaking generally about efforts to improve consultation with Native American tribes.
It's just the latest battle over energy development and sacred lands, as tribes in Nevada and Arizona are fighting the federal government over the mining of lithium and the siting of renewable energy transmission lines.
The Havasupai are concerned mining could affect water supplies, wildlife, plants and geology throughout the Colorado Plateau, and the Colorado River flowing through the Grand Canyon and its tributaries are vital to millions of people across the West.
For the Havasupai, their water comes from aquifers deep below the mine.
The Pinyon Plain Mine, formerly known as the Canyon Mine, was permitted in 1984. With existing rights, it was grandfathered into legal operation despite a 20-year moratorium placed on uranium mining in the Grand Canyon region by the Obama administration in 2012.
The U.S. Forest Service in 2012 reaffirmed an environmental impact statement that had been prepared for the mine years earlier, and state regulators signed off on air and aquifer protection permitting within the last two years.
"We work extremely hard to do our work at the highest standards," Moore said. "And it's upsetting that we're vilified like we are. The things we're doing are backed by science and the regulators."
The regional aquifers feeding the springs at the bottom of the Grand Canyon are deep — around 304 meters (nearly 1,000 feet) below the mine — and separated by nearly impenetrable rock, Moore said.
State regulators also have said the area's geology is expected to provide an element of natural protection against water from the site migrating toward the Grand Canyon.
Still, environmentalists say the mine raises bigger questions about the Biden administration's willingness to adopt favorable nuclear power policies.
Using nuclear power to reach emissions goals is a hard sell in the western U.S. From the Navajo Nation to Ute Mountain Ute and Oglala Lakota homelands, tribal communities have deep-seated distrust of uranium companies and the federal government as abandoned mines and related contamination have yet to be cleaned up.
Taylor McKinnon, the Center for Biological Diversity's Southwest director, said allowing mining near the Grand Canyon "makes a mockery of the administration's environmental justice rhetoric."
"It's literally a black eye for the Biden administration," he said.
Teracita Keyanna with the Red Water Pond Road Community Association got choked up while testifying before the human rights commission in Washington, D.C., saying federal regulators proposed keeping onsite soil contaminated by past operations in New Mexico rather than removing it.
"It's really unfair that we have to deal with this and my children have to deal with this and later on, my grandchildren have to deal with this," she said. "Why is the government just feeling like we're disposable. We're not."
In Congress, some lawmakers who come from communities blighted by past contamination are digging in their heels.
Congresswoman Cori Bush of Missouri said during a congressional meeting in January that lawmakers can't talk about expanding nuclear energy in the U.S. without first dealing with the effects that nuclear waste has had on minority communities. In Bush's district in St. Louis, waste was left behind from the uranium refining required by the top-secret Manhattan Project.
"We have a responsibility to both fix — and learn from — our mistakes," she said, "before we risk subjecting any other communities to the same exposure."
Native American News Roundup, March 24-30, 2024
Supreme Court rejects "cancel culture" case
The U.S. Supreme Court this week declined to hear former Kentucky high school student Nick Sandmann's case against several major media outlets for their coverage of his encounter with an Omaha tribe member at an anti-abortion rally in Washington.
Sandmann was part of a Catholic high school group attending the 2019 March for Life rally at the Lincoln Memorial. After a video of his face-to-face encounter with activist Nathan Phillips went viral, his family filed lawsuits against The New York Times, The Washington Post and other major media groups, accusing them of defamatory media reports.
Sandmann argued that his reputation was harmed by media reports of his interaction with Phillips, who was taking part in the Indigenous People's March at the same location.
In Sandmann's appeal to the Supreme Court, his lawyer said the case has "come to epitomize the high-water mark of the 'cancel culture.'" He also said Sandmann went from a "quiet, anonymous teenager into a national social pariah, one whose embarrassed smile in response to Phillips' aggression became a target for anger and hatred."
Read more:
South Dakota governor calls on feds to audit tribes in state
South Dakota Governor Kristi Noem this week called on the Biden administration to conduct "public and comprehensive single audits" of all federal funds that have been given to the nine Native American tribes in that state.
In a statement released Tuesday, Noem said the audits would verify the need for the federal government to provide tribes with additional law enforcement resources.
"Law enforcement in Indian Country is failing to meet basic safety needs," Noem said. "For years, the level of actual funding drastically underestimates the true breadth of the challenges of Indian Country, made worse by the failed border policies of the Biden administration and exacerbated by the presence of drug cartel operations on South Dakota tribal reservations."
Single Audits, formerly known as OMB Circular A-133 audits, are required from all nonfederal entities — including tribes — that receive and spend $750,000 or more of federal financial assistance within a fiscal year, to make sure funds are being used effectively.
In two town hall meetings held on March 13, Noem alleged that Mexican drug cartels are operating on tribal lands in South Dakota and suggested tribal leaders may be benefiting from drug and sex trafficking.
In a statement released March 16, Oglala Sioux Tribe President Frank Star suggested that the governor should "clean up her own backyard" and stop insinuating that all drug trafficking comes from the Sioux reservations."
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Montana high court says laws restricting voting are unconstitutional
Montana's Supreme Court this week struck down four bills including two which would have made it harder for Native Americans to participate in elections.
These included a bill that would have cut off same-day voter registration and another that would stop the paid collection and submission of absentee ballots by third parties, a method of voting common in remote rural areas and on tribal reservations.
The decision affirms a September 2022 district court decision ruling both laws as unconstitutional.
Plaintiffs Western Native Voice, Montana Native Vote, the Blackfeet Nation, the Confederated Salish and Kootenai Tribes of the Flathead Reservation, the Fort Belknap Indian Community, and the Northern Cheyenne Tribe filed suit, Western Native Voice v. Jacobsen, against HB 176 and HB 530 in May 2021.
They were represented by the Native American Rights Fund (NARF), the American Civil Liberties Union, the ACLU of Montana and Harvard Law School's Election Law Clinic.
"Today's decision is a resounding win for tribes in Montana who have only ever asked for a fair opportunity to exercise their fundamental right to vote," said NARF staff attorney Jacqueline De León. "Despite repeated attacks on their voting rights, tribes and Native voters in Montana stood strong, and today the Montana Supreme Court affirmed that the state's legislative actions were unconstitutional. Native voices deserve to be heard, and this decision helps ensure that happens."
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Man pleads guilty to killing eagles in Montana
A Washington state man has pleaded guilty to killing federally protected eagles on an Indian reservation and elsewhere in Montana and conspiring to sell their feathers and other parts in the underground market.
Eagles are protected under two federal laws, the 1940 Bald and Golden Eagle Protection Act and the 1918 Migratory Bird Treaty Act, which bans the taking, buying, selling and transportation of eagles both living and dead, their feathers, eggs and nests.
Native Americans have for centuries used eagle parts and feathers for spiritual and cultural purposes or to mark important achievements. Knowing this, the U.S. Fish and Wildlife Service in the 1970s set up the National Eagle Repository, which collects and stores eagles and eagle parts.
Enrolled members of federally recognized tribes may apply for a lifetime religious use permit and order loose feathers, talons and other parts. Schools may also request eagle feathers to present to enrolled tribe members at graduation.
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