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.

II 116TH CONGRESS 2D SESSION S. 4650 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 22, 2020 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 handi- craft containing nonedible migratory bird parts, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. PURPOSE. 3 The purpose of this Act is to clarify the treatment 4 of authentic Alaska Native articles of handicraft under— 5 (1) the Convention between the United States 6 and Great Britain for the Protection of Migratory 7 VerDate Sep 11 2014 19:36 Oct 05, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4650.IS S4650 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4650 IS Birds, signed at Washington August 16, 1916 1 (USTS 628) (16 U.S.C. 703 et seq.); 2 (2) the Convention between the United States 3 and Mexico for the Protection of Migratory Birds 4 and Game Mammals, signed at Mexico City Feb- 5 ruary 7, 1936 (USTS 912) (16 U.S.C. 703 et seq.); 6 (3) the Convention between the United States 7 and Japan for the Protection of Migratory Birds 8 and Birds in Danger of Extinction and Their Envi- 9 ronment, signed at Tokyo March 4, 1974 (TIAS 10 7990) (16 U.S.C. 703 et seq.); and 11 (4) the Convention between the United States 12 and the Soviet Union Concerning the Conservation 13 of Migratory Birds and Their Environment, signed 14 at Moscow November 19, 1976 (TIAS 9073) (16 15 U.S.C. 703 et seq.). 16 SEC. 2. CLARIFICATION FOR ALASKA NATIVE ARTICLES 17 CONTAINING MIGRATORY BIRD PARTS. 18 (a) IN GENERAL.—Section 2 of the Migratory Bird 19 Treaty Act (16 U.S.C. 703) is amended by adding at the 20 end the following: 21 ‘‘(c) CLARIFICATION FOR AUTHENTIC ALASKA NA- 22 TIVE ARTICLES OF HANDICRAFT.— 23 ‘‘(1) DEFINITIONS.—In this subsection: 24 VerDate Sep 11 2014 19:36 Oct 05, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4650.IS S4650 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4650 IS ‘‘(A) ALASKA NATIVE.—The term ‘Alaska 1 Native’ means a member of any Indian tribe (as 2 defined in section 4 of the Indian Self-Deter- 3 mination and Education Assistance Act (25 4 U.S.C. 5304)) that is based in the State of 5 Alaska. 6 ‘‘(B) AUTHENTIC ALASKA NATIVE ARTICLE 7 OF HANDICRAFT.— 8 ‘‘(i) IN GENERAL.—The term ‘authen- 9 tic Alaska Native article of handicraft’ 10 means any item that is— 11 ‘‘(I) composed, wholly or in a sig- 12 nificant respect, of natural materials; 13 and 14 ‘‘(II) produced, decorated, or 15 fashioned by hand in significant 16 part— 17 ‘‘(aa) by an Alaska Native; 18 ‘‘(bb) in the exercise of tra- 19 ditional Alaska Native handi- 20 crafts; and 21 ‘‘(cc) without the use of any 22 mass copying device. 23 VerDate Sep 11 2014 19:36 Oct 05, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4650.IS S4650 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4650 IS ‘‘(ii) INCLUSIONS.—The term ‘authen- 1 tic Alaska Native article of handicraft’ in- 2 cludes— 3 ‘‘(I) any weaving, carving, stitch- 4 ing, sewing, lacing, beading, drawing, 5 or painting that meets the criteria de- 6 scribed in clause (i); and 7 ‘‘(II) any item, including cloth- 8 ing, described in subclause (I) that 9 combines the techniques described in 10 that subclause. 11 ‘‘(2) CLARIFICATION FOR CERTAIN AUTHENTIC 12 ALASKA NATIVE ARTICLES OF HANDICRAFT.—Sub- 13 ject to paragraph (3) and notwithstanding any other 14 provision of this Act, nothing in this Act prohibits 15 the possession, offering for sale, sale, offering to 16 barter, barter, offering to purchase, purchase, deliv- 17 ery for shipment, shipment, causing to be shipped or 18 delivered for transportation, transport, causing to be 19 transported, carrying, causing to be carried, or re- 20 ceiving for shipment, transportation, or carriage of 21 any authentic Alaska Native article of handicraft on 22 the basis that the authentic Alaska Native article of 23 handicraft contains a nonedible migratory bird part. 24 VerDate Sep 11 2014 19:36 Oct 05, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4650.IS S4650 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4650 IS ‘‘(3) LIMITATION.—This subsection does not 1 apply to an authentic Alaska Native article of handi- 2 craft containing a part of a migratory bird that was 3 taken in a wasteful manner.’’. 4 (b) TECHNICAL AMENDMENT.—Section 2(a) of the 5 Migratory Bird Treaty Act (16 U.S.C. 703) is amended 6 by inserting a comma after ‘‘March 4, 1972’’. 7 Æ VerDate Sep 11 2014 19:36 Oct 05, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S4650.IS S4650 pamtmann on DSKBC07HB2PROD with BILLS