Archie Cavanaugh Migratory Bird Treaty Clarification Act

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6021) 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, as amended.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and to include extraneous material on H.R. 6021, the bill now under consideration.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of H.R. 6021, the Archie Cavanaugh Migratory Bird Treaty Clarification Act, sponsored by Representative Begich of Alaska.

The Migratory Bird Treaty Act protects more than 900 species of migratory birds and plays an important role in conserving these species. However, the law also created challenges for Alaska Native communities whose longstanding cultural traditions include using migratory bird feathers and other nonedible bird parts in traditional handicrafts and artwork.

In 2012, Alaska Native artist Archie Cavanaugh faced Federal charges after attempting to sell traditional artwork containing flicker and raven feathers. He faced up to 10 years in prison and a $100,000 fine, but a settlement was reached in which he agreed to pay a $2,000 fine.

H.R. 6021 addresses this unfairness by directing appropriate updates to the Migratory Bird Treaty with Japan and any subsequent revisions to domestic regulations that may be necessary to clarify that authentic Alaska Native handicrafts containing nonedible bird parts may be sold and shipped, provided those parts were not taken in a wasteful or illegal manner.

I commend Representative Begich for his work with the Alaska Native communities to preserve their cultural traditions while maintaining important protections for birds.

Mr. Speaker, I urge my colleagues to support H.R. 6021, and I reserve the balance of my time.

Mr. Speaker, I yield 3 minutes to the gentleman from Alaska (Mr. Begich), the lead sponsor of this bill.

Mr. Speaker, I once again thank Representative Begich for his hard work in representing his constituents and advancing this important legislation, like he has done on so many pieces of legislation this Congress.

I urge my colleagues to support H.R. 6021, and I yield back the balance of my time.

Mr. Speaker, H.R. 6021, the Archie Cavanaugh Migratory Bird Treaty Clarification Act, addresses a narrow but consequential gap in Federal law that has criminalized longstanding Alaska Native artistic and cultural traditions for more than a century.

The Migratory Bird Treaty Act implements four separate international agreements with Canada, Mexico, Japan, and Russia. These treaties, however, do not always line up with each other.

The treaties with Japan and Russia recognize the subsistence needs of indigenous peoples. The earlier treaties with Canada and Mexico did not provide the same protections. These gaps have had real consequences for Alaska Natives.

Because the courts have required the Fish and Wildlife Service to apply the most restrictive of the four treaties across the board--in this case, our treaty with Japan--an Alaska Native artist who sells a traditional handicraft containing a raven feather or woodpecker feather can face up to 5 years in prison and a $10,000 fine.

That is not conservation. That is not what these treaties were meant to do. It is not something the Alaska Native community should have to live with.

Archie Cavanaugh was a Tlingit artist from Juneau. In 2012, he was prosecuted under the Migratory Bird Treaty Act for selling a headdress and a hat containing feathers consistent with cultural practices going back generations. His case became a symbol of how badly the current framework fits Alaska.

This bill clarifies that the sale and shipment of authentic Alaska Native handicrafts containing nonedible migratory bird parts is not a Federal

crime, provided the parts were not taken in a wasteful or illegal manner. It contains species protection safeguards. It respects the existing co-management structure within the Alaska Migratory Bird Co- Management Council.

The bill directs the Department of State and the Department of the Interior to work with our treaty partner to update the international framework so that Federal regulation and treaty text finally line up.

Mr. Speaker, I urge the House to support this bill.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in strong support of H.R. 6021, the Archie Cavanaugh Migratory Bird Treaty Clarification Act.

For over a century, the Migratory Bird Treaty Act of 1918 has played an important role in protecting migratory birds across North America, but due to the rigid way the law is interpreted, a few Alaska Native artisans who use bird parts in their traditional arts and regalia have been criminalized for their craft. This legislation addresses the conflict.

H.R. 6021 would direct the Department of the Interior and the State Department to work with Japan to clarify their Migratory Bird Treaty with the United States. It would make clear that authentic Alaska Native handicrafts made or sold with nonedible migratory bird parts are exempt from Federal law.

This language ensures that while we will continue to have strong protections against wasteful harvesting and illegal poaching of birds, we are not doing so at the expense of Alaska Native traditions.

This bill respects Tribal sovereignty, protects traditional knowledge, and maintains conservation integrity.

I thank Representative Begich and Chair Westerman for working constructively across the aisle to come to an agreement we can all support.

Mr. Speaker, I urge a ``yes'' vote, and I reserve the balance of my time.

Mr. Speaker, I urge my colleagues to support the legislation, and I yield back the balance of my time.