H.R. 3109

To amend the Migratory Bird Treaty Act to exempt certain Alaskan Native articles from prohibitions against sale of items containing nonedible migratory bird parts, and for other purposes.

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IIB

113th CONGRESS

2d Session

H. R. 3109

IN THE SENATE OF THE UNITED STATES

September 9, 2014

Received; read twice and referred to the Committee on Environment and Public Works

AN ACT

To amend the Migratory Bird Treaty Act to exempt certain Alaskan Native articles from prohibitions against sale of items containing nonedible migratory bird parts, and for other purposes.

1.

Exemption from prohibitions for Alaskan Native articles containing migratory bird parts

Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is amended by adding at the end the following:

(c)

Exemption for authentic Alaskan Native articles of handicraft or clothing

(1)

In general

Notwithstanding any other provisions of this Act, nothing in this Act prohibits possession, offering for sale, sale, offering to barter, barter, offering to purchase, purchase, delivery for shipment, shipment, causing to be shipped, delivered for transportation, transport or causing to be transported, carrying or causing to be carried, or receiving for shipment, transportation, or carriage, any authentic Alaskan Native article of handicraft or clothing on the basis that it contains a nonedible migratory bird part.

(2)

Limitation

This subsection shall not apply with respect to any handicraft or clothing containing any part of a migratory bird that was taken in a wasteful manner.

(3)

Definitions

In this subsection:

(A)

Alaskan Native

The term Alaskan Native means any Indian, Aleut, or Eskimo who resides in Alaska.

(B)

Authentic Alaskan Native article of handicraft or clothing

The term authentic Alaskan Native article of handicraft or clothing

(i)

means any item that is—

(I)

composed wholly or in some significant respect of natural materials; and

(II)

produced, decorated, or fashioned by an Alaskan Native, in the exercise of traditional Alaskan Native handicrafts, without the use of any pantograph or other mass copying device; and

(ii)

includes any weaving, carving, stitching, sewing, lacing, beading, drawing,


or painting described in clause (i), or any combination thereof.

.

Passed the House of Representatives September 8, 2014.

Karen L. Haas,

Clerk