II
118th CONGRESS
2d Session
S. 5258
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.
Short title
This Act may be cited as the Archie Cavanaugh Migratory Bird Treaty Amendment Act
.
Purpose
The purpose of this Act is to clarify the treatment of authentic Alaska Native articles of handicraft under—
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.);
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.);
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
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.).
Clarification for Alaska Native articles containing migratory bird parts
In general
Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is amended by adding at the end the following:
Clarification for authentic alaska native articles of handicraft
Definitions
In this subsection:
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—
a Tribal enrollment card;
a Certificate of Degree of Indian Blood (commonly known as a CDIB
) by the Bureau of Indian Affairs; or
a permit under the Silver Hand program of the Alaska State Council on the Arts.
Authentic alaska native article of handicraft
In general
The term authentic Alaska Native article of handicraft means any item that is—
composed, wholly or in a significant respect, of natural materials that were found, foraged, or gifted; and
produced, decorated, or fashioned in significant part—
by an Alaska Native;
in the exercise of traditional Alaska Native handicrafts; and
without the use of any mass copying device.
Inclusions
The term authentic Alaska Native article of handicraft includes—
any weaving, carving, stitching, sewing, lacing, beading, drawing, or painting that meets the criteria described in clause (i); and
any item, including clothing, described in subclause (I) that combines the techniques described in that subclause.
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.
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.
.
Administration
Not later than 180 days after the date of enactment of this Act—
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
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.
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
.