[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6021 Engrossed in House (EH)]
<DOC>
119th CONGRESS
2d Session
H. R. 6021
_______________________________________________________________________
AN ACT
To clarify the treatment of authentic Alaska Native articles of
handicraft containing nonedible migratory bird parts under the
Migratory Bird Treaty Act, 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 Clarification Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to clarify the treatment of authentic
Alaska Native articles of handicraft offered for sale under 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 March 4, 1974 (TIAS 7990).
SEC. 3. CLARIFICATION FOR AUTHENTIC ALASKA NATIVE ARTICLES OF
HANDICRAFT CONTAINING MIGRATORY BIRD PARTS.
(a) In General.--Not later than 180 days after the date of the
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 the foreign country that is party to the treaty
described in section 2 to clarify the treatment of authentic
Alaska Native articles of handicraft to be offered for sale
containing nonedible migratory bird parts from the species of
migratory birds listed in the treaty; and
(2) the Secretary of the Interior may modify any
regulations implementing the Migratory Bird Treaty Act (16
U.S.C. 703 et seq.), as appropriate, consistent with the treaty
described in section 2, in consultation with the foreign
country that is party to the treaty, the Alaska Migratory Bird
Co-Management Council, and the Pacific Flyway Council, and in
coordination with the Law Enforcement Office of the United
States Fish and Wildlife Service, to implement any necessary
clarifications resulting from the procedures described in
paragraph (1), including conditions for consignment and re-
sale, certification of authenticity, and provisions pertaining
to species of conservation concern.
(b) Modification of Regulations.--If the Secretary of the Interior
determines that any of the species used under this section show
significant population declines or is determined to be a Bird of
Conservation Concern pursuant to section 13 of the Fish and Wildlife
Conservation Act of 1980 (16 U.S.C. 2912), the Secretary may modify
regulations to remove the species from application under this section.
(c) Outreach.--The Secretary of the Interior shall work in
collaboration with the Alaska Migratory Bird Co-Management Council and
other appropriate stakeholders to develop outreach and communication
resources and means to communicate rules pertaining to the sale of
authentic Alaska Native articles of handicraft including parts of
migratory birds.
(d) 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''.
(e) Definitions.--In this Act:
(1) Alaska native.--The term ``Alaska Native'' means a
member of any Indian Tribe that is based in the State of
Alaska, as verified through issuance of--
(A) a Tribal enrollment card;
(B) a Certificate of Degree of Indian Blood
(commonly known as a ``CDIB'') by the Bureau of Indian
Affairs; or
(C) a permit under the Silver Hand program of the
Alaska State Council on the Arts.
(2) Authentic alaska native article of handicraft.--The
term ``authentic Alaska Native article of handicraft''--
(A) 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--
(I) by an Alaska Native;
(II) in the exercise of traditional
Alaska Native handicrafts; and
(III) without the use of any mass
copying device;
(B) 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; and
(C) does not include any item that contains a part
of a migratory bird that was taken in a wasteful or
illegal manner.
(3) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
Passed the House of Representatives September 14, 2026.
Attest:
Clerk.
119th CONGRESS
2d Session
H. R. 6021
_______________________________________________________________________
AN ACT
To clarify the treatment of authentic Alaska Native articles of
handicraft containing nonedible migratory bird parts under the
Migratory Bird Treaty Act, and for other purposes.