II 

Calendar No. 718 

115TH CONGRESS 

2D SESSION S. 1965 

[Report No. 115–415] 

To amend the Marine Mammal Protection Act of 1972 to protect the cultural 

practices and livelihoods of producers of Alaska Native handicrafts and 

traditional mammoth ivory products, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 17, 2017 

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 

DECEMBER 5, 2018 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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 traditional mammoth 

ivory products, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Allowing Alaska to 

3 Improve Vital Opportunities in the Rural Economy Act’’ 

4 or the ‘‘Allowing Alaska IVORY Act’’. 

5 SEC. 2. ALASKA NATIVE HANDICRAFTS. 

6 Section 101(b) of the Marine Mammal Protection Act 

7 of 1972 (16 U.S.C. 1371(b)) is amended— 

8 (1) by striking paragraph (1) and all that fol9 lows through ‘‘is done’’ in the first sentence of para10 graph (2) and inserting the following: 

11 ‘‘(A)(i) is for subsistence purposes; or 

12 ‘‘(ii) is done’’; 

13 (2) by redesignating paragraph (3) as subpara14 graph (B), and indenting appropriately; 

15 (3) in the matter preceding subparagraph (A)(i) 

16 (as redesignated by paragraph (1)), by striking ‘‘(b) 

17 Except as’’ and inserting the following: 

18 ‘‘(b) APPLICATION TO CERTAIN ALASKA NATIVES.— 

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

20 ‘‘(A) AUTHENTIC NATIVE ARTICLE OF

21 HANDICRAFTS AND CLOTHING.—The term ‘au22 thentic native article of handicrafts and cloth23 ing’ means an item composed wholly or in some 

24 significant respect of natural materials that is 

25 produced, decorated, or fashioned in the exer26 cise of traditional native handicrafts without 


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1 the use of a pantograph, multiple carvers, or 

2 any other mass copying device. 

3 ‘‘(B) TRADITIONAL NATIVE HANDI4 CRAFTS.—The term ‘traditional native handi5 crafts’ includes weaving, carving, stitching, sew6 ing, lacing, beading, drawing, and painting. 

7 ‘‘(2) APPLICATION.—Except as’’; 

8 (4) in subparagraph (A)(ii) of paragraph (2) 

9 (as redesignated by paragraph (1)), by striking ‘‘and 

10 clothing:’’ and all that follows through ‘‘painting’’ 

11 and inserting ‘‘and clothing’’; 

12 (5) in the flush text following subparagraph (B) 

13 of paragraph (2) (as redesignated by paragraph (2)), 

14 by striking ‘‘Notwithstanding the preceding provi15 sions of this subsection, when’’ and inserting the fol16 lowing: 

17 ‘‘(3) LIMITATIONS.—Notwithstanding para18 graph (2), if’’; 

19 and 

20 (6) by adding at the end the following: 

21 ‘‘(4) SPECIAL RULES.— 

22 ‘‘(A) INTERSTATE COMMERCE.—Only au23 thentic native articles of handicrafts and cloth24 ing may be sold in interstate commerce. 


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1 ‘‘(B) EDIBLE PORTIONS OF MARINE MAM2 MALS.—Any edible portion of a marine mammal 

3 may be sold in a native village or town in Alas4 ka or for native consumption. 

5 ‘‘(5) PROHIBITIONS.— 

6 ‘‘(A) WALRUS IVORY OR WHALE BONE.— 

7 No State shall prohibit the importation, sale, 

8 offer for sale, transfer, trade, barter, possession 

9 or possession with the intent to sell, transfer, 

10 trade, or barter of walrus ivory or whale bone 

11 produced under this title by an Indian, Aleut, 

12 or Eskimo as an authentic native article of 

13 handicrafts and clothing. 

14 ‘‘(B) MAMMOTH IVORY.—No State shall 

15 prohibit the importation, sale, offer for sale, 

16 transfer, trade, possession or possession with 

17 the intent to sell, transfer, trade, or barter of 

18 mammoth ivory or a mammoth ivory product.’’. 

19 SECTION 1. SHORT TITLE. 

20 This Act may be cited as the ‘‘Allowing Alaska to Im21 prove Vital Opportunities in the Rural Economy Act’’ or 

22 the ‘‘Allowing Alaska IVORY Act’’. 

23 SEC. 2. ALASKA NATIVE HANDICRAFTS. 

24 Section 101(b) of the Marine Mammal Protection Act 

25 of 1972 (16 U.S.C. 1371(b)) is amended— 


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1 (1) by striking paragraph (1) and all that fol2 lows through ‘‘is done’’ in the first sentence of para3 graph (2) and inserting the following: 

4 ‘‘(A)(i) is for subsistence purposes; or 

5 ‘‘(ii) is done’’; 

6 (2) by redesignating paragraph (3) as subpara7 graph (B), and indenting appropriately; 

8 (3) in the matter preceding subparagraph (A)(i) 

9 (as redesignated by paragraph (1)), by striking ‘‘(b) 

10 EXEMPTIONS FOR ALASKAN NATIVES.—Except as’’ 

11 and inserting the following: 

12 ‘‘(b) APPLICATION TO CERTAIN ALASKA NATIVES.— 

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

14 ‘‘(A) AUTHENTIC NATIVE ARTICLE OF

15 HANDICRAFTS AND CLOTHING.—The term ‘au16 thentic native article of handicrafts and clothing’ 

17 means an item composed wholly or in some sig18 nificant respect of natural materials that is pro19 duced, decorated, or fashioned in the exercise of 

20 traditional native handicrafts without the use of 

21 a pantograph, multiple carvers, or any other 

22 mass copying device. 

23 ‘‘(B) TRADITIONAL NATIVE HANDICRAFTS.— 

24 The term ‘traditional native handicrafts’ inVerDate Sep 11 2014 23:06 Dec 05, 2018 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S1965.RS S1965

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1 cludes weaving, carving, stitching, sewing, lac2 ing, beading, drawing, and painting. 

3 ‘‘(2) APPLICATION.—Except as’’; 

4 (4) in subparagraph (A)(ii) of paragraph (2) (as 

5 redesignated by paragraph (1)), by striking ‘‘and 

6 clothing:’’ and all that follows through ‘‘painting’’ 

7 and inserting ‘‘and clothing’’; 

8 (5) in the flush text following subparagraph (B) 

9 of paragraph (2) (as redesignated by paragraph (2)), 

10 by striking ‘‘Notwithstanding the preceding provi11 sions of this subsection, when’’ and inserting the fol12 lowing: 

13 ‘‘(3) LIMITATIONS.—Notwithstanding paragraph 

14 (2), if’’; and 

15 (6) by adding at the end the following: 

16 ‘‘(4) SPECIAL RULES.— 

17 ‘‘(A) INTERSTATE COMMERCE.—Only au18 thentic native articles of handicrafts and cloth19 ing may be sold in interstate commerce. 

20 ‘‘(B) EDIBLE PORTIONS OF MARINE MAM21 MALS.—Any edible portion of a marine mammal 

22 may be sold in a native village or town in Alas23 ka or for native consumption. 

24 ‘‘(5) PROHIBITIONS.—No State or political sub25 division thereof shall prohibit the importation, sale, 


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1 offer for sale, transfer, trade, barter, possession or pos2 session with the intent to sell, transfer, trade, or bar3 ter of mammoth, mastodon, or walrus ivory, marine 

4 mammal bones, teeth, or baleen produced under this 

5 title by an Indian, Aleut, or Eskimo as an authentic 

6 native article of handicrafts and clothing.’’. 


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Calendar No. 718 

115TH CONGRESS 

2D SESSION S. 1965 

[Report No. 115–415] 

A BILL 

To amend the Marine Mammal Protection Act of 

other purposes. and traditional mammoth ivory products, and for hoods of producers of Alaska Native handicrafts 1972 to protect the cultural practices and liveliDECEMBER 5, 2018 

Reported with an amendment 


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