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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 804 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  1st Session
                                 S. 804

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2019

 Mr. Sullivan (for himself and Ms. Murkowski) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
   To amend the Marine Mammal Protection Act of 1972 to protect the 
   cultural practices and livelihoods of producers of Alaska Native 
   handicrafts and fossilized 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 ``Empowering Rural Economies Through 
Alaska Native Sustainable Arts and Handicrafts 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) Application to Certain Alaska Natives.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Authentic native article of handicrafts and 
                clothing.--The term `authentic native article of 
                handicrafts and clothing' means an item composed 
                wholly, or in some significant respect, of natural 
                materials that is produced, decorated, or fashioned in 
                the exercise of traditional native handicrafts without 
                the use of a pantograph, multiple carvers, or any other 
                mass copying device.
                    ``(B) Traditional native handicrafts.--The term 
                `traditional native handicrafts' includes weaving, 
                carving, stitching, sewing, lacing, beading, drawing, 
                and painting.
                    ``(C) Fossilized ivory.--The term `fossilized 
                ivory' includes a fossilized tooth or tusk from a 
                species of walrus, mammoth, mastodon, narwhal, or 
                whale.
            ``(2) Application.--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 Indian, Aleut, or Eskimo who 
        resides in Alaska and who dwells on the coast of the North 
        Pacific Ocean or the Arctic Ocean if such taking--
                    ``(A)(i) is for subsistence purposes; or
                    ``(ii) is done for purposes of creating and selling 
                authentic native articles of handicrafts and clothing; 
                and
                    ``(B) in each case, is not accomplished in a 
                wasteful manner.
            ``(3) Limitations.--Notwithstanding paragraph (2), if, 
        under this Act, the Secretary determines any species or stock 
        of marine mammal subject to taking by Indians, Aleuts, or 
        Eskimos to be depleted, the Secretary may prescribe regulations 
        upon the taking of such marine mammals by any Indian, Aleut, or 
        Eskimo described in this subsection. Such regulations may be 
        established with reference to species or stocks, geographical 
        description of the area included, the season for taking, or any 
        other factors related to the reason for establishing such 
        regulations and consistent with the purposes of this Act. Such 
        regulations 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. 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 be responsible for demonstrating 
        that such regulation, assessment, determination, or finding is 
        supported by substantial evidence on the basis of the record as 
        a whole. The preceding sentence shall only be applicable in an 
        action brought by one or more Alaska Native organizations 
        representing persons to which this subsection applies.
            ``(4) Special rules.--
                    ``(A) Interstate commerce.--Only authentic native 
                articles of handicrafts and clothing may be sold in 
                interstate commerce.
                    ``(B) Edible portions of marine mammals.--Any 
                edible portion of a marine mammal may be sold in a 
                native village or town in Alaska or for native 
                consumption.
            ``(5) Prohibitions.--
                    ``(A) Mammoth, mastodon, and walrus ivory, marine 
                mammal bones, teeth, and baleen.--No State shall 
                prohibit the importation, sale, offer for sale, 
                transfer, trade, barter, possession, or possession with 
                the intent to sell, transfer, trade, or barter of 
                mammoth, mastodon, or walrus ivory, marine mammal 
                bones, teeth, or baleen produced under this title by an 
                Indian, Aleut, or Eskimo, as an authentic native 
                article of handicrafts and clothing.
                    ``(B) Fossilized ivory.--No State shall prohibit 
                the importation, sale, offer for sale, transfer, trade, 
                possession, or possession with the intent to sell, 
                transfer, trade, or barter, of fossilized ivory.''.
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