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).