I think you're right. I've been following this thread for a few days waiting
for someone to make your observation. The Act attempts to restrict the sale
of "Indian Art" that is NOT in fact made by "Indians." It does NOT restrict
"traders" from selling/buying authentic Native American arts and crafts, nor
does it restrict the sale of "artifakes" if no claim or representation is
made of Native American origin.
Legitimate "traders" have been an integral part of Pow-Wow markets for years,
but I guess it should be up to the event organizers whether or not they allow
non-Native vendors.
The Act also does not address the issue of tribally specific art. All one
has to be is Native American (by government definition). So, as
reprehensible as it may be, there is no restriction (though there should be)
on members of one tribe manufacturing items that are culturally or
religiously specific to another tribe. Example: The Navajo Nation operates
a factory that produces tens of thousands of "Kachina" dolls every year.
Kachinas are NOT part of the Navajo culture or religion. Kachinas are
specific to Pueblo culture (Hopi, Zuni, etc.). Zunis do not generally carve
for sale to collectors.
For Navajos to manufacture and sell "Kachina" dolls is as much a violation of
the spirit of the Arts and Crafts Act as it would be for non-Navajos to weave
and sell "Navajo" rugs. The Navajo Nation should show the same respect for
Hopi as they would like to be shown to them by non-Indians. Ripping off
other tribes is no more "legitimate" than the Japanese manufacturing "Indian"
art for sale to curio shops.
WMH