*YES* it **is** a federal offense for non-Indians (including
unenrolled people) to sell arts/craft they make as "Indian"
or "Native American" under the Indian Arts and Crafts Act,
a federal statute.
i am aware of at least two prosecutions under the
statute, and i'm sure there have been other cases where the
threat of enforcement has gotten people to change their
marketing PDQ. The bottom line is simply to ask questions
of the artist to ensure what you are buying is really
produced by an indian person. Enrollees are usually happy
to provide documentation of their membership-- or are
certified through the Indian Arts & Crafts Board as Indian
artists. Stores should provide (esp. for the more expensive
pieces) the artist's name and tribal affiliation and Powwow
committees (like the event in Texas) are ensuring their
vendors are either Indian or selling items produced by
Indian people.
jean
Jean_Kelley@nps.gov