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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5258 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5258

  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

                           September 25, 2024

 Mr. Sullivan 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 under--
            (1) the Convention between the United States and Great 
        Britain for the Protection of Migratory Birds, signed at 
        Washington on August 16, 1916 (USTS 628) (16 U.S.C. 703 et 
        seq.);
            (2) the Convention between the United States and Mexico for 
        the Protection of Migratory Birds and Game Mammals, signed at 
        Mexico City on February 7, 1936 (USTS 912) (16 U.S.C. 703 et 
        seq.);
            (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 on March 4, 
        1974 (TIAS 7990) (16 U.S.C. 703 et seq.); and
            (4) the Convention between the United States and the Soviet 
        Union Concerning the Conservation of Migratory Birds and Their 
        Environment, signed at Moscow on November 19, 1976 (TIAS 9073) 
        (16 U.S.C. 703 et seq.).

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''.
                                 <all>
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