119-s254

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 254 Engrossed in Senate

    (ES) ]

<DOC>

119th CONGRESS
 1st Session
 S. 254

_______________________________________________________________________

 AN ACT

 To amend the Marine Mammal Protection Act of 1972 to protect the 
 cultural practices and livelihoods of producers of Alaska Native 
 handicrafts and marine mammal ivory products, 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 ``Alaska's Right to Ivory Sales and 
Tradition Act'' or the ``ARTIST Act''.

SEC. 2. ALASKA NATIVE HANDICRAFTS.

 

Section 101

    (b) of the Marine Mammal Protection Act Of 1972 (16 
U.S.C. 1371

    (b) ) is amended to read as follows:
 ``

    (b) Exemption for Alaskan Natives.--
 ``

    (1) === Definitions. ===
-In this subsection:
 ``
        (A) Authentic alaska native article of 
 handicrafts and clothing.--The term `authentic Alaska 
 Native article of handicrafts and clothing' means an 
 item composed wholly, or in some significant respect, 
 of natural materials and that is produced, decorated, 
 or fashioned in the exercise of traditional Alaska 
 Native handicrafts by an Alaska Native who resides in 
 Alaska and who dwells on the coast of the North Pacific 
 Ocean or the Arctic Ocean without the use of a 
 pantograph, multiple carvers, or any other mass copying 
 device.
 ``
        (B) Marine mammal ivory.--The term `marine mammal 
 ivory' includes a tooth or tusk from a walrus (Odobenus 
 rosmarus) or a species of cetacean.
 ``
            (C) Traditional alaska native handicrafts.--The 
 term `traditional Alaska Native handicrafts' includes 
 weaving, carving, stitching, sewing, lacing, beading, 
 drawing, and painting.
 ``

    (2) Exemption.--
 ``
        (A) In general.--Except as provided in 

section 109, the provisions of this Act shall not apply with 
 respect to the taking of any marine mammal by any 
 Alaska Native who resides in Alaska and who dwells on 
 the coast of the North Pacific Ocean or the Arctic 
 Ocean if such taking--
 ``
            (i) 
            (I) is for subsistence purposes; or
 ``
            (II) is done for purposes of creating and 
 selling authentic Alaska Native articles of 
 handicrafts and clothing; and
 ``
            (ii) in each case, is not accomplished in 
 a wasteful manner.
 ``
        (B) Special rules.--
 ``
            (i) Interstate commerce of items.--An 
 item presented as an authentic Alaska Native 
 article of handicrafts and clothing may be sold 
 in interstate commerce only if it comports with 
 the definition provided in paragraph

    (1)
        (A) .
 ``
            (ii) Edible portion of marine mammal.--
 Any edible portion of a marine mammal taken for 
 the purpose of creating and selling authentic 
 Alaska Native articles of handicrafts and 
 clothing may be sold for native consumption or 
 in a native village or town in Alaska.
 ``

    (3) Limitations.--
 ``
        (A) In general.--Notwithstanding paragraph

    (2) , 
 if, under this Act, the Secretary determines any 
 species or stock of marine mammal subject to taking by 
 Alaska Natives to be depleted, the Secretary may 
 prescribe regulations upon the taking of such marine 
 mammals by any Alaska Native described in this 
 subsection.
 ``
        (B) Content of regulations.--The regulations 
 described in subparagraph
        (A) may be established with 
 reference to species or stocks, geographical area, the 
 season for taking, or any other factors related to the 
 reason for establishing such regulations and consistent 
 with the purposes of this Act.
 ``
            (C) Notice and hearing; removal of regulations.--
 The regulations described in subparagraph
        (A) shall be 
 prescribed after notice and hearing required by 

section 103 of this title and shall be removed as soon as the 
 Secretary determines that the need for their imposition 
 has disappeared.
 ``
            (D) Regulations to be supported by substantial 
 evidence.--In promulgating any regulation or making any 
 assessment pursuant to a hearing or proceeding under 
 this subsection or 

section 117

    (b)

    (2) , or in making any 
 determination of depletion under this subsection or 
 finding regarding unmitigable adverse impacts under 
 subsection

    (a)

    (5) that affects stocks or persons to 
 which this subsection applies, the Secretary shall 
 demonstrate in writing (and make such writing publicly 
 available on the website of the Secretary) that, in 
 consideration of the whole record, including Indigenous 
 knowledge, such regulation, assessment, determination, 
 or finding is supported by substantial evidence.
 ``
        (E) Applicability.--The requirement under 
 subparagraph
            (D) shall only be applicable in an action 
 brought by one or more Alaska Native organizations 
 representing persons to which this subsection applies.
 ``

    (4) Prohibitions.--No State shall prohibit the interstate 
 commerce, importation, sale, offer for sale, transfer, trade, 
 barter, possession, or possession with the intent to sell, 
 transfer, trade, or barter of marine mammal ivory or marine 
 mammal bone or baleen incorporated under this title by an 
 Alaska Native, into an authentic Alaska Native article of 
 handicrafts and clothing.
 ``

    (5) Rule of construction.--Nothing in this subsection 
 shall be construed to--
 ``
        (A) impact the rights of any Indian Tribe (as 
 defined in 

section 4 of the Indian Self-Determination 
 and Education Assistance Act (25 U.S.C. 5304)) in 
 effect on the date of enactment of the Alaska's Right 
 to Ivory Sales and Tradition Act; or
 ``
        (B) undermine any government-to-government 
 consultation or engagement.''.

 Passed the Senate October 8, 2025.

 Attest:

 Secretary.
119th CONGRESS

 1st Session

 S. 254

_______________________________________________________________________

 AN ACT

 To amend the Marine Mammal Protection Act of 1972 to protect the 
 cultural practices and livelihoods of producers of Alaska Native 
 handicrafts and marine mammal ivory products, and for other purposes.