[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 254 Enrolled Bill (ENR)]
S.254
One Hundred Nineteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Saturday,
the third day of January, two thousand and twenty six
An Act
To amend the Marine Mammal Protection Act of 1972 to protect the
cultural practices and livelihoods of producers of Alaska Native
handicrafts and marine mammal ivory products, 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 ``Alaska's Right to Ivory Sales and
Tradition Act'' or the ``ARTIST Act''.
SEC. 2. ALASKA NATIVE HANDICRAFTS.
Section 101(b) of the Marine Mammal Protection Act Of 1972 (16
U.S.C. 1371(b)) is amended to read as follows:
``(b) Exemption for Alaskan Natives.--
``(1) Definitions.--In this subsection:
``(A) Authentic alaska native article of handicrafts and
clothing.--The term `authentic Alaska Native article of
handicrafts and clothing' means an item composed wholly, or in
some significant respect, of natural materials and that is
produced, decorated, or fashioned in the exercise of
traditional Alaska Native handicrafts by an Alaska Native who
resides in Alaska and who dwells on the coast of the North
Pacific Ocean or the Arctic Ocean without the use of a
pantograph, multiple carvers, or any other mass copying device.
``(B) Marine mammal ivory.--The term `marine mammal ivory'
includes a tooth or tusk from a walrus (Odobenus rosmarus) or a
species of cetacean.
``(C) Traditional alaska native handicrafts.--The term
`traditional Alaska Native handicrafts' includes weaving,
carving, stitching, sewing, lacing, beading, drawing, and
painting.
``(2) Exemption.--
``(A) In general.--Except as provided in section 109, the
provisions of this Act shall not apply with respect to the
taking of any marine mammal by any Alaska Native who resides in
Alaska and who dwells on the coast of the North Pacific Ocean
or the Arctic Ocean if such taking--
``(i)(I) is for subsistence purposes; or
``(II) is done for purposes of creating and selling
authentic Alaska Native articles of handicrafts and
clothing; and
``(ii) in each case, is not accomplished in a wasteful
manner.
``(B) Special rules.--
``(i) Interstate commerce of items.--An item presented
as an authentic Alaska Native article of handicrafts and
clothing may be sold in interstate commerce only if it
comports with the definition provided in paragraph (1)(A).
``(ii) Edible portion of marine mammal.--Any edible
portion of a marine mammal taken for the purpose of
creating and selling authentic Alaska Native articles of
handicrafts and clothing may be sold for native consumption
or in a native village or town in Alaska.
``(3) Limitations.--
``(A) In general.--Notwithstanding paragraph (2), if, under
this Act, the Secretary determines any species or stock of
marine mammal subject to taking by Alaska Natives to be
depleted, the Secretary may prescribe regulations upon the
taking of such marine mammals by any Alaska Native described in
this subsection.
``(B) Content of regulations.--The regulations described in
subparagraph (A) may be established with reference to species
or stocks, geographical area, the season for taking, or any
other factors related to the reason for establishing such
regulations and consistent with the purposes of this Act.
``(C) Notice and hearing; removal of regulations.--The
regulations described in subparagraph (A) shall be prescribed
after notice and hearing required by section 103 of this title
and shall be removed as soon as the Secretary determines that
the need for their imposition has disappeared.
``(D) Regulations to be supported by substantial
evidence.--In promulgating any regulation or making any
assessment pursuant to a hearing or proceeding under this
subsection or section 117(b)(2), or in making any determination
of depletion under this subsection or finding regarding
unmitigable adverse impacts under subsection (a)(5) that
affects stocks or persons to which this subsection applies, the
Secretary shall demonstrate in writing (and make such writing
publicly available on the website of the Secretary) that, in
consideration of the whole record, including Indigenous
knowledge, such regulation, assessment, determination, or
finding is supported by substantial evidence.
``(E) Applicability.--The requirement under subparagraph
(D) shall only be applicable in an action brought by one or
more Alaska Native organizations representing persons to which
this subsection applies.
``(4) Prohibitions.--No State shall prohibit the interstate
commerce, importation, sale, offer for sale, transfer, trade,
barter, possession, or possession with the intent to sell,
transfer, trade, or barter of marine mammal ivory or marine mammal
bone or baleen incorporated under this title by an Alaska Native,
into an authentic Alaska Native article of handicrafts and
clothing.
``(5) Rule of construction.--Nothing in this subsection shall
be construed to--
``(A) impact the rights of any Indian Tribe (as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)) in effect on the date of
enactment of the Alaska's Right to Ivory Sales and Tradition
Act; or
``(B) undermine any government-to-government consultation
or engagement.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.