S. 255 – Archie Cavanaugh Migratory Bird Treaty Amendment Act

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Updated November 24, 2025 at 3:18 AM UTC

The Archie Cavanaugh Migratory Bird Treaty Amendment Act updates the Migratory Bird Treaty Act to clearly allow authentic Alaska Native handicraft items that contain non‑edible migratory bird parts to be owned, sold, and transported, provided the bird parts were not obtained wastefully or illegally. It defines who qualifies as an Alaska Native and what constitutes an authentic handicraft article. The bill also requires the Secretaries of State and the Interior to coordinate with treaty partners and adjust regulations to implement these changes.

Key Provisions

Adds definitions for “Alaska Native” and “authentic Alaska Native article of handicraft,” describing who qualifies and what characteristics the items must have.
Clarifies that authentic Alaska Native handicraft items that contain non‑edible parts of migratory birds may be possessed, sold, bartered, shipped, or otherwise transferred, as long as the bird parts were not taken wastefully or illegally.
Specifies that the above clarification does not apply if the bird part was obtained in a wasteful or illegal manner.
Directs the Secretaries of State and the Interior, within 180 days, to work with treaty‑partner countries and update regulations to reflect this clarification.
Makes a minor technical amendment (adds a comma) to the existing Migratory Bird Treaty Act text.

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Environment and Public Works.

Environment and Public Works Committee

January 24, 2025

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SenateIntro Referral

Introduced in Senate

January 24, 2025

SenateIntro Referral

Read twice and referred to the Committee on Environment and Public Works.

Environment and Public Works Committee

January 24, 2025

Bill Text

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Introduced in SenateIssued January 24, 2025

II

119th CONGRESS

1st Session

S. 255

IN THE SENATE OF THE UNITED STATES

January 24, 2025

Mr. Sullivan (for himself and Ms. Murkowski) 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.

1.

Short title

This Act may be cited as the Archie Cavanaugh Migratory Bird Treaty Amendment Act.

2.

Purpose

The purpose of this Act is 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)) under—

(1)

the Convention between the United States and Great Britain for the Protection of Migratory Birds, signed at Washington August 16, 1916 (39 Stat. 1702; USTS 628);

(2)

the Convention between the United States and Mexico for the Protection of Migratory Birds and Game Mammals, signed at Mexico City February 7, 1936 (50 Stat. 1311; USTS 912);

(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 March 4, 1974 (TIAS 7990); and

(4)

the Convention between the United States and the Soviet Union Concerning the Conservation of Migratory Birds and Their Environment, signed at Moscow November 19, 1976 (TIAS 9073).

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.