courage the enactment of the Native American Culture and Arts Development Act.

Senator MELCHER. In the examination of pictographs-for instance, in the case of "On the Bluffs of the Bighorn"; as of right now, there is no correct identification of what the pictographs relate to, is there? Can they be demonstrated, or is there knowledge of the tribe or any scholars who have examined, pinpointed the time frames when the pictographs were painted?

Mr. OLD COYOTE. AS I indicated earlier, some of those archeological sites on the reservation have some historical background and some of those caves do have stories about them.

There is one, in particular, down in what we call-not too far from what they call the Bouvier area, one that they consider as having adverse mystic powers. The Crows still believe in it, that particular area. There is a pictograph area down there, you know, that they visit. Senator MELCHER. Who has examined some of these pictographs? Has the Smithsonian ever examined any of them?

Mr. OLD COYOTE. There are a number of archeologists that have come in, you know, and some who have worked with the Park Service and so forth have come in and they have made some studies.

One, in particular, I know, has been around in that area. His name is Dr. Larry Lorendorff. He has made studies of that area and has some theories about buffalo jumps that were very closely related to Crow stories, as well as "Little People of the Pryors."

Senator MELCHER. Have these studies been conducted at the invitation of the tribe and with the cooperation of the tribe?

Mr. OLD COYOTE. It was not really an invitation. I think it was more of a cooperation type move. They wanted to know about these areas, so we accompanied the archeologist into that area.

Senator MELCHER. And so far the studies that have been conducted and the investigations that have been conducted, have been satisfactory as far as the Crow Tribe is concerned?

Mr. OLD COYOTE. Well, there are a few minor changes that we would like to make, you know, like some of those theories. For instance, in the dominant society practices, as far as for counting the generation, 22, 25 years is considered as one generation; whereas, in the Indian world, one generation is considered as 100 years.

Senator MELCHER. One hundred?

Mr. OLD COYOTE. Yes.

Senator MELCHER. Now, what about the preservation of these sites? Once people begin to know about them, uninvited investigations, or just viewers might damage a site. How has that been controlled? Mr. OLD COYOTE. Well, we were apprehensive about really talking about some of these areas because, like I say, the Bighorn Mountains, Pryor Mountains, all of these have a lot of rich significance behind the Crow Indian culture and we feel that-like I indicated to you about some vandalism that has gone on-this is the area that we are quite concerned about.

The Crow people are aware and know of these sites and they don't disturb them. But as far as sharing and conveying information, learned tribal elders have interpreted some of these sites and I think it should be controlled by tribal people.

Senator MELCHER. I would agree. All right. Thank you very much, Mickey and Tom, for your meeting here today.

Mr. OLD COYOTE. OK, thank you for your time.

Senator MELCHER. Now, the committee will stand in recess very shortly. Chairman MacDonald of the Navajos and Mrs. MacDonald have arrived and will be added to our list. Wanda is already on the list. Here is an announcement for everybody here. Lunch is made available in the cafeteria at the courtesy of the All Indian Pueblo Council. Students are available to guide people to the dining facilities and all are invited to participate in lunch at the cafeteria.

The committee will recess now and will resume at 1 p.m.

[Whereupon, at 12 p.m. the hearing recessed to reconvene at 1 p.m.]

AFTERNOON SESSION

The hearing resumed at 1 p.m., Senator John Melcher (chairman of the committee) presiding.

Senator MELCHER. The meeting will come to order. We will resume our hearing on S. 2166. The first witness this afternoon will be Dan Salaz, executive director, Indian Arts and Crafts Association in Albuquerque.

Mr. SALAZ. Senator, I am the executive director of the Indian Arts and Crafts Association. Mr. Ken Denton, one of our national committeemen, will present our remarks to you today.

Senator MELCHER. Mr. Denton.

STATEMENT OF KEN DENTON, NATIONAL COMMITTEEMAN, INDIAN ARTS AND CRAFTS ASSOCIATION; ACCOMPANIED BY DAN SALAZ, EXECUTIVE DIRECTOR

Mr. DENTON. Mr. Chairman, before reading our prepared statement, I would like to tell you very briefly who we, the Indian Arts and Crafts Association, are.

We are a national nonprofit organization made up of the entire spectrum of the native American arts and crafts industry. And this includes native American craftsmen and artists, museums, collectors, wholesalers and retailers of native American Indian arts and crafts. Our stated goal is to protect, enhance, and preserve American Indian arts and crafts and we are willing to do whatever we can in pursuit of this goal and this is our prepared testimony.

Since the early 1970's, we have seen a renewed interest in the only truly indigenous American cultural tradition in the form of Indian arts and crafts.

Americans, as well as people all over the world, have come to appreciate Indian arts and crafts for their beauty, their unique place in the American cultural mosaic, and for their increasing value as art objects. We have also seen our Government take interest in Indian arts and crafts after many, many years of what can euphemistically be termed benign neglect. That our Federal Government should interest itself in the preservation, protection, promotion, and enhancement of Indian arts and crafts is a welcome opportunity to reverse years of neglect and at times serious efforts to obliterate rich and flourishing Indian cultures.

However, it is wise to examine the role that the Federal Government or any of its instrumentalities would play in the field of Indian arts and crafts and how it views Indian arts and crafts. As a starting point,

it is difficult to consider art of any type in a vacuum. This is especially true of Indian arts and crafts. The factors that come together in the creation of Indian arts and crafts must be considered. The social, historical, philosophical, religious, and even geographical factors that converge to produce Indian arts and crafts must be carefully considered.

Before deciding on any course of action, our national Congress should be made fully aware of as many of the things that affect Indian arts and crafts as possible. The ramifications of congressional action should be carefully scrutinized and analyzed for their effects, not only in the near future, but for their effects upon the coming generations. The social patterns of the artists and the craftspeople who produce authentic Indian arts and crafts must be examined, for it is here that the subject under discussion really begins, with an individual human being.

As with most other people, the socialization of native Americans begins with the family. However, a major point of divergence occurs with socialization for native Americans after that which takes place in the family. The socialization of a native American child continues but within the protective parameters of tribal life and tribal tradition. Institutional socialization occurs, in many instances, later in life and at times is difficult. Therefore, it is of prime importance to recognize that Indian arts and crafts are products first of the individual but also of the family and tribal unit. The dynamic streams of Indian creativity have traditionally been channeled through the family and the tribe. The creation of organizations, indeed bureaucracies, outside of the family and tribal context to promote Indian arts and crafts must be handled with care.

Institutionalizing arts and crafts for native Americans may do more harm than good if adequate provisions for family and tribal traditions are not made. An institute, school, university, or other large organizations that wishes to promote Indian arts and crafts should first recognize the dynamics of the family and tribe. If the proposed institute will, as an important part of its total mission, strengthen the family and tribal functions that occur in Indian arts and crafts, then it will be a valuable service. Conversely, if the proposed institute assumes for itself the focal position in promoting Indian arts and crafts, then it is programing itself for failure and detriment of Indian arts and crafts.

The proposed Institute should assume the responsibility for assisting and encouraging tribes, families, and individuals so that Indian arts and crafts may continue to flourish. The historical relationship of the U.S. Government to things native American has been one of ineptitude, confusion, and ignorance. Ineffective Indian policies promulgated by distant officials in Washington have caused much grief and suffering to Indians and non-Indians as well.

The historical approach to the Indian issues has been to study the question and then to create a bureaucracy to handle whatever tasks need attention. Often, these Indian-related bureaucracies have not been responsive to the needs of their constituents. Many times the very mechanisms that were created to serve Indians excluded Indians from the decisionmaking process. Our Congress should take heed to see that this is not the case with the proposed Institute and its means

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of governance. The preponderant majority of those in control should be native Americans. They in turn should be responsible and accountable to their constituents.

It is also of historical significance to realize that arts and crafts throughout the ages have been largely the product of individuals. It is as impossible to create a piece of beautiful art or craft through a committee as it is to legislate it into existence. However, it is possible to legislate the preconditions that will promote and enhance Indian arts and crafts. The philosophical aspects of Indian arts and crafts have traditionally emphasized the individual in relation to the family, the tribe, and the natural or mystical world.

As previously mentioned, the individual has always been of key importance in Indian arts and crafts. There are as yet no schools of thought recognizable among Indian artists and craftspeople although family and tribal influences are clearly discernible. It is wise to insure that the proposed Institute will not attempt to shape the creative thinking of its resident artists, craftspeople, and other scholars but to provide the setting where the creativity can occur.

The present Institute of American Indian Arts has been criticized for impinging upon the religious beliefs of several Indian tribes. As guaranteed by the Constitution, the separation of church and state and the free exercise of religion should be incorporated into the proposed Institute. The Institute should not undertake any course of action that will violate the religious beliefs of any of the native American peoples it will serve. It should involve itself in religious activities, as they relate to Indian arts and crafts, only after consultation with the leaders of affected tribes. This is not to say that the proposed Institute should not be concerned with religious themes. Those themes should be handled in the proper manner to insure that religious beliefs are not violated and that the separation of church and state is maintained.

Mr. Chairman, since the Indian Arts and Crafts Association is a national organization with members across the country, we recommend that the proposed institute have a truly national scope and perspective. As there is no one homogeneous group of Native Americans, there is no one ubiquitous form of Indian arts and crafts. Various parts of the Nation produce different types of work.

The verdant forests of the Pacific Northwest have a far different effect on Native American populations there than the vast arid spaces of the Southwest have on indigenous Native Americans.

These differences, due to geography, should be recognized and be provided for in a truly national institute. Indian arts and crafts are as diverse as the people who make them. It is the nature of this diversity that has made Indian arts and crafts a national cultural treasure for all Americans.

As to the location of the proposed institute, the Indian Arts and Crafts Association believes that all those concerned will be well served if the recommendations of tribal leaders are sought and followed.

Mr. Chairman, thank you for the opportunity to present these concerns to you and the other members of the committee.

Senator MELCHER. Mr. Denton, your association is a commercial association, I take it?

Mr. DENTON. We are a national nonprofit organization and we are made up of craftspeople-Indian artists and craftspeople, people who deal commercially in Indian arts and crafts, museums and individual collectors of Indian arts and crafts.

Senator MELCHER. Then none of your association members have anything to do with commercialization or sales?

Mr. DENTON. Yes; we do. Yes; we have categories of memberships containing wholesalers of American Indian arts and crafts and retailers of American Indian arts and crafts.

Senator MELCHER. Does the association do anything to protect Indian arts and crafts from imported duplicates, beadwork for instance, from Taiwan?

Mr. DENTON. Yes; we do. The primary function and the primary reason that the organization was established in the first place was to deal with unethical practices in the Indian arts and crafts industry. And we have an active ethics committee and the code of ethics is probably one of the primary things that we live by.

Senator MELCHER. Who polices your wholesalers, for instance?
Mr. DENTON. We are self-policing.

Senator MELCHER. And no instances or no members of your association that are in the retail or wholesale business promoting or selling such replicas, if I can use that term, of American Indian art that was imported from countries that do not have any basis for Indian art have been reported?

Mr. DENTON. There may be a little misunderstanding here in that we do not tell anybody what they can sell or what they cannot sell. But we do stand for true and honest representation for whatever it might happen to be.

Senator MELCHER. Then some of your wholesalers could be selling those products?

Mr. DENTON. Nonauthentic art?

Senator MELCHER. Right.

Mr. DENTON. Yes, and representing them as such.

Senator MELCHER. Well, I think you understand what the bill is about and, of course, it is much broader than the retail-wholesale type of operation, and while your association has some of all of these, including artists and museums, you are also much broader in the other aspects of it, in the retailing and wholesaling of the products.

But I think you understand the bill properly and we appreciate your remarks and I might just say in passing that we do not need to incorporate in the bill any constitutional prohibition against interfering with religion because all the laws of Congress are based upon the Constitution anyway.

Thank you both very much.

Mr. SALAZ. Thank you, Mr. Chairman.

Senator MELCHER. Emerson Jackson, president of the Native American Church, Shiprock, N. Mex. Is Emerson here? If he shows up later, we will hear from him but, apparently, he is not here now. Wanda MacDonald, Mrs. MacDonald, Navajo tribe, Window Rock, Ariz.

Welcome to the committee, Wanda.