[Congressional Record Volume 172, Number 93 (Tuesday, June 2, 2026)]
[House]
[Pages H3765-H3766]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ALASKA'S RIGHT TO IVORY SALES AND TRADITION ACT
Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 254) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 254
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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Westerman) and the gentlewoman from New Mexico (Ms.
Stansbury) each will control 20 minutes.
The Chair recognizes the gentleman from Arkansas.
General Leave
Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material to S. 254, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of S. 254, Alaska's Right to Ivory
Sales and Tradition Act, or the ARTIST Act.
Subsistence harvest of marine mammals is a key aspect of Alaska
Native culture. Subsistence hunters harvest marine mammals for both
food and to create Native handicrafts, clothing, and artwork.
Many of the millions of Americans that visit Alaska each year
purchase these products. However, as States have enacted bans on ivory
to prevent the trafficking of elephant tusks, these bans have been
incorrectly applied to walrus ivory, a central component of the Alaska
Natives' creations. The ARTIST Act fixes this longstanding issue by
allowing Alaska Natives' handicraft and artworks to be sold in
interstate commerce.
Ultimately, this bill recognizes the immeasurable ways in which
Alaska Natives have contributed to the story of Alaska.
I thank Congressman Begich for his leadership on this important issue
in the House and Senator Sullivan for his leadership in the Senate.
Mr. Speaker, I reserve the balance of my time.
Ms. STANSBURY. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, S. 254 would amend section 101(b) of the Marine Mammal
Protection Act, which allows Alaska Native communities to take marine
mammals for subsistence purposes.
This proposed amendment would allow Alaska Native communities to take
marine mammals for the creation and sale of arts and crafts.
The MMPA already permits the use of marine mammal ivory in Alaska
Native art when the animal was taken for subsistence. However, Alaska
Native artists have faced barriers to markets due to State-level bans
on the sale of ivory. They routinely used whale baleen, bones, and
ivory walrus tusks in their artwork, which have been caught up in good
faith efforts to curb the trade of elephant and rhinoceros ivory.
This bill would clarify that authentic Alaska Native art made with
marine mammal products may be sold nationwide. This will provide
greater flexibility and certainty to Alaska Native artists.
Importantly, this bill would maintain the Secretary's authority under
[[Page H3766]]
the MMPA to regulate the take of depleted marine mammal stocks based on
scientific evidence and the consideration of indigenous knowledge. It
also maintains the authority of States to regulate or ban the sale of
other ivory, such as elephant ivory. The artwork this bill would
support is important to Alaska Native traditions and cultures.
Mr. Speaker, I urge my colleagues to join me in supporting S. 254,
and I reserve the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield 3 minutes to the gentleman from
Alaska (Mr. Begich), the lead sponsor of the House companion to the
bill.
Mr. BEGICH. Mr. Speaker, I rise in strong support of S. 254, the
Alaska's Right to Ivory Sales and Tradition Act, the ARTIST Act.
For generations, Alaska Native artisans along our north Pacific and
Arctic coasts have carved walrus ivory into works of extraordinary
beauty, a tradition handed down through families, woven into the
culture life of entire communities, and for many, a vital source of
income.
In recent years, well-meaning efforts to crack down on the illegal
elephant ivory trade have swept up something they were never meant to
touch: the legal, sustainable, lawfully harvested ivory at the heart of
Alaska Native art. Buyers grew confused. Some States moved to ban these
handicrafts outright. Alaska Native carvers, who have done nothing
wrong, watched their livelihoods and their heritage put at risk.
The ARTIST Act fixes that. It makes it clear that authentic Alaska
Native handicrafts may be bought and sold across this country. It stops
States from outlawing a responsible tradition that predates them by
centuries.
This is about cultural durability and the right of Alaska Native
families to practice their traditions and provide for their
communities.
Mr. Speaker, I thank Senator Dan S. Sullivan for his leadership in
carrying this bill through the Senate. With House action, the ARTIST
Act will be one step away from restoring the rights of Alaska Native
craftsmen.
Mr. Speaker, I urge my college to support S. 254.
Ms. STANSBURY. Mr. Speaker, I urge my colleagues to support the
legislation, and I yield back the balance of my time.
Mr. WESTERMAN. Mr. Speaker, last year, a bipartisan group of members
of our committee traveled to Alaska. As part of that visit, we held a
roundtable with Alaska Native organizations during which we heard about
the importance of subsistence hunting for Alaska Native communities,
cultures, and economies.
Enacting this bill will remove a longstanding barrier for the sale of
Alaska Native handicrafts and artwork, and I am pleased that Congress
is championing policies that are important to the Alaska Native way of
life.
Mr. Speaker, I urge adoption of S. 254, and I yield back the balance
of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arkansas (Mr. Westerman) that the House suspend the
rules and pass the bill, S. 254.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. WESTERMAN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________