Archie Cavanaugh Migratory Bird Treaty Amendment Act

Bill: 118-s-5258
Sponsor: full_name: Sen. Sullivan, Dan [R-AK]
Introduced: 2024-09-25
Policy area: Native Americans
Subjects: Alaska Natives and Hawaiians

Birds

Historical and cultural resources
Latest action: action_date: 2024-09-25
text: Read twice and referred to the Committee on Environment and Public Works.

Summaries:
action_date: 2024-09-25
action_desc: Introduced in Senate
text: <p><strong>Archie Cavanaugh Migratory Bird Treaty Amendment Act</strong></p><p>This bill states that nothing in the Migratory Bird Treaty Act of 1918 (MBTA) prohibits possessing, selling, bartering, purchasing, shipping, or transporting any authentic Alaska Native handicraft, clothing, or art on the basis that it contains a nonedible migratory bird part, so long as the bird was not taken in a wasteful or illegal manner. (The MBTA implements four international treaties that the United States entered into with Canada, Mexico, Japan, and Russia. The MBTA prohibits the taking of protected migratory bird species without prior authorization.)</p><p>The bill directs the Department of&nbsp;State to work with the Department of the Interior to enter into appropriate bilateral procedures with countries that are parties to the treaties under the MBTA&nbsp;to clarify the treatment of Alaska Native handicraft containing nonedible migratory bird parts from the species of migratory birds listed in those treaties. Further, Interior must modify any regulations implementing the MBTA to implement this bill.</p>

tv_txt: II 118th CONGRESS 2d Session S. 5258 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.

1. Short title This Act may be cited as the Archie Cavanaugh Migratory Bird Treaty Amendment Act . 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. ). 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 .