II 

115TH CONGRESS 

1ST SESSION S. 1941 

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 

OCTOBER 5, 2017 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PURPOSE. 

4 The purpose of this Act is to clarify the treatment 

5 of authentic Alaska Native articles of handicraft under— 

6 (1) the Convention between the United States 

7 and Great Britain for the Protection of Migratory 


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1 Birds, signed at Washington August 16, 1916 

2 (USTS 628) (16 U.S.C. 703 et seq.); 

3 (2) the Convention between the United States 

4 and Mexico for the Protection of Migratory Birds 

5 and Game Mammals, signed at Mexico City Feb6 ruary 7, 1936 (USTS 912) (16 U.S.C. 703 et seq.); 

7 (3) the Convention between the United States 

8 and Japan for the Protection of Migratory Birds 

9 and Birds in Danger of Extinction and Their Envi10 ronment, signed at Tokyo March 4, 1974 (TIAS 

11 7990) (16 U.S.C. 703 et seq.); and 

12 (4) the Convention between the United States 

13 and the Soviet Union Concerning the Conservation 

14 of Migratory Birds and Their Environment, signed 

15 at Moscow November 19, 1976 (TIAS 9073) (16 

16 U.S.C. 703 et seq.). 

17 SEC. 2. CLARIFICATION FOR ALASKA NATIVE ARTICLES 

18 CONTAINING MIGRATORY BIRD PARTS. 

19 (a) IN GENERAL.—Section 2 of the Migratory Bird 

20 Treaty Act (16 U.S.C. 703) is amended by adding at the 

21 end the following: 

22 ‘‘(c) CLARIFICATION FOR AUTHENTIC ALASKA NA23 TIVE ARTICLES OF HANDICRAFT.— 

24 ‘‘(1) DEFINITIONS.—In this subsection: 


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1 ‘‘(A) ALASKA NATIVE.—The term ‘Alaska 

2 Native’ means a member of any Indian tribe (as 

3 defined in section 4 of the Indian Self-Deter4 mination and Education Assistance Act (25 

5 U.S.C. 5304)) that is based in the State of 

6 Alaska. 

7 ‘‘(B) AUTHENTIC ALASKA NATIVE ARTICLE

8 OF HANDICRAFT.— 

9 ‘‘(i) IN GENERAL.—The term ‘authen10 tic Alaska Native article of handicraft’ 

11 means any item that is— 

12 ‘‘(I) composed, wholly or in a sig13 nificant respect, of natural materials; 

14 and 

15 ‘‘(II) produced, decorated, or 

16 fashioned by hand in significant 

17 part— 

18 ‘‘(aa) by an Alaska Native; 

19 ‘‘(bb) in the exercise of tra20 ditional Alaska Native handi21 crafts; and 

22 ‘‘(cc) without the use of any 

23 mass copying device. 


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1 ‘‘(ii) INCLUSIONS.—The term ‘authen2 tic Alaska Native article of handicraft’ in3 cludes— 

4 ‘‘(I) any weaving, carving, stitch5 ing, sewing, lacing, beading, drawing, 

6 or painting that meets the criteria de7 scribed in clause (i); and 

8 ‘‘(II) any item, including cloth9 ing, described in subclause (I) that 

10 combines the techniques described in 

11 that subclause. 

12 ‘‘(2) CLARIFICATION FOR CERTAIN AUTHENTIC

13 ALASKA NATIVE ARTICLES OF HANDICRAFT.—Sub14 ject to paragraph (3) and notwithstanding any other 

15 provision of this Act, nothing in this Act prohibits 

16 the possession, offering for sale, sale, offering to 

17 barter, barter, offering to purchase, purchase, deliv18 ery for shipment, shipment, causing to be shipped or 

19 delivered for transportation, transport, causing to be 

20 transported, carrying, causing to be carried, or re21 ceiving for shipment, transportation, or carriage of 

22 any authentic Alaska Native article of handicraft on 

23 the basis that the authentic Alaska Native article of 

24 handicraft contains a nonedible migratory bird part. 


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1 ‘‘(3) LIMITATION.—This subsection does not 

2 apply to an authentic Alaska Native article of handi3 craft containing a part of a migratory bird that was 

4 taken in a wasteful manner.’’. 

5 (b) TECHNICAL AMENDMENT.—Section 2(a) of the 

6 Migratory Bird Treaty Act (16 U.S.C. 703) is amended 

7 by inserting a comma after ‘‘March 4, 1972’’. 

Æ 


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