[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5258 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5258
To amend the Migratory Bird Treaty Act to clarify the treatment of
authentic Alaska Native articles of handicraft containing nonedible
migratory bird parts, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Mr. Sullivan introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Migratory Bird Treaty Act to clarify the treatment of
authentic Alaska Native articles of handicraft containing nonedible
migratory bird parts, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Archie Cavanaugh Migratory Bird
Treaty Amendment Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to clarify the treatment of authentic
Alaska Native articles of handicraft under--
(1) the Convention between the United States and Great
Britain for the Protection of Migratory Birds, signed at
Washington on August 16, 1916 (USTS 628) (16 U.S.C. 703 et
seq.);
(2) the Convention between the United States and Mexico for
the Protection of Migratory Birds and Game Mammals, signed at
Mexico City on February 7, 1936 (USTS 912) (16 U.S.C. 703 et
seq.);
(3) the Convention between the United States and Japan for
the Protection of Migratory Birds and Birds in Danger of
Extinction and Their Environment, signed at Tokyo on March 4,
1974 (TIAS 7990) (16 U.S.C. 703 et seq.); and
(4) the Convention between the United States and the Soviet
Union Concerning the Conservation of Migratory Birds and Their
Environment, signed at Moscow on November 19, 1976 (TIAS 9073)
(16 U.S.C. 703 et seq.).
SEC. 3. CLARIFICATION FOR ALASKA NATIVE ARTICLES CONTAINING MIGRATORY
BIRD PARTS.
(a) In General.--Section 2 of the Migratory Bird Treaty Act (16
U.S.C. 703) is amended by adding at the end the following:
``(c) Clarification for Authentic Alaska Native Articles of
Handicraft.--
``(1) Definitions.--In this subsection:
``(A) Alaska native.--The term `Alaska Native'
means a member of any Indian Tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)) that is
based in the State of Alaska, as verified through
issuance of--
``(i) a Tribal enrollment card;
``(ii) a Certificate of Degree of Indian
Blood (commonly known as a `CDIB') by the
Bureau of Indian Affairs; or
``(iii) a permit under the Silver Hand
program of the Alaska State Council on the
Arts.
``(B) Authentic alaska native article of
handicraft.--
``(i) In general.--The term `authentic
Alaska Native article of handicraft' means any
item that is--
``(I) composed, wholly or in a
significant respect, of natural
materials that were found, foraged, or
gifted; and
``(II) produced, decorated, or
fashioned in significant part--
``(aa) by an Alaska Native;
``(bb) in the exercise of
traditional Alaska Native
handicrafts; and
``(cc) without the use of
any mass copying device.
``(ii) Inclusions.--The term `authentic
Alaska Native article of handicraft' includes--
``(I) any weaving, carving,
stitching, sewing, lacing, beading,
drawing, or painting that meets the
criteria described in clause (i); and
``(II) any item, including
clothing, described in subclause (I)
that combines the techniques described
in that subclause.
``(2) Clarification for certain authentic alaska native
articles of handicraft.--Subject to paragraph (3) and
notwithstanding any other provision of this Act, nothing in
this Act prohibits the possession, offering for sale, sale,
offering to barter, barter, offering to purchase, purchase,
delivery for shipment, shipment, causing to be shipped or
delivered for transportation, transport, causing to be
transported, carrying, causing to be carried, or receiving for
shipment, transportation, or carriage of any authentic Alaska
Native article of handicraft on the basis that the authentic
Alaska Native article of handicraft contains a nonedible
migratory bird part.
``(3) Limitation.--This subsection does not apply to an
authentic Alaska Native article of handicraft containing a part
of a migratory bird that was taken in a wasteful or illegal
manner.''.
(b) Administration.--Not later than 180 days after the date of
enactment of this Act--
(1) the Secretary of State shall work with the Secretary of
the Interior to enter into appropriate bilateral procedures, as
necessary, with countries that are parties to the treaties
described in paragraphs (1) through (4) of section 2 to clarify
the treatment of authentic Alaska Native articles of handicraft
(as defined in subsection (c)(1) of section 2 of the Migratory
Bird Treaty Act (16 U.S.C. 703)) containing nonedible migratory
bird parts from the species of migratory birds listed in those
treaties in accordance with the amendments made by subsection
(a); and
(2) the Secretary of the Interior shall modify any
regulations implementing the Migratory Bird Treaty Act (16
U.S.C. 703 et seq.), as appropriate, to implement the
amendments made by this Act.
(c) Technical Amendment.--Section 2(a) of the Migratory Bird Treaty
Act (16 U.S.C. 703) is amended by inserting a comma after ``March 4,
1972''.
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