119-s255

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 255 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 255

 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.

_______________________________________________________________________

 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.

 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 ``Archie Cavanaugh Migratory Bird 
Treaty Amendment Act''.

SEC. 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).

SEC. 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''.
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