[Senate Report 119-73]
[From the U.S. Government Publishing Office]
Calendar No. 178
119th Congress } { Report
SENATE
1st Session } { 119-73
_______________________________________________________________________
ALASKA'S RIGHT TO IVORY SALES AND TRADITION ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 254
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
October 6, 2025.--Ordered to be printed
------
U.S. GOVERNMENT PUBLISHING OFFICE
69-010 WASHINGTON : 2025
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred nineteenth congress
first session
TED CRUZ, Texas, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROGER F. WICKER, Mississippi AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
TODD YOUNG, Indiana TAMMY DUCKWORTH, Illinois
TED BUDD, North Carolina JACKY ROSEN, Nevada
ERIC SCHMITT, Missouri BEN RAY LUJAN, New Mexico
JOHN CURTIS, Utah JOHN W. HICKENLOOPER, Colorado
BERNIE MORENO, Ohio JOHN FETTERMAN, Pennsylvania
TIM SHEEHY, Montana ANDY KIM, New Jersey
SHELLEY MOORE CAPITO, West Virginia LISA BLUNT ROCHESTER, Delaware
CYNTHIA M. LUMMIS, Wyoming
Brad Grantz, Majority Staff Director
Lila Harper Helms, Democratic Staff Director
Calendar No. 178
119th Congress } { Report
SENATE
1st Session } { 119-73
=======================================================================
ALASKA'S RIGHT TO IVORY SALES AND TRADITION ACT
----------------
October 6, 2025.--Ordered to be printed
----------------
Mr. Cruz, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 254]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred 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, having
considered the same, reports favorably thereon with an
amendment (in the nature of a substitute) and recommends that
the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 254, the Alaska's Right to Ivory Sales
and Tradition Act, is to protect the cultural practices and
livelihoods of artists and producers by preventing States from
prohibiting the sale of authentic Alaska Native handicrafts or
clothing made of marine mammal ivory, bone, or baleen.
Background and Needs
Under the Marine Mammal Protection Act, Alaska Native
people residing along the coasts of the North Pacific Ocean and
the Arctic Ocean are legally permitted to produce and sell
traditional handicrafts made from marine mammal parts, such as
walrus ivory and whalebone.\1\ The sale of traditional
handicrafts produced by Alaska Natives from legally harvested
marine mammal parts provides substantial financial benefits to
Alaska Native villages.\2\
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\1\16 U.S.C. 1371(b).
\2\``Protecting Alaska Native Art, Culture, and Economics,'' U.S.
Fish and Wildlife Service, July 6, 2022, https://www.fws.gov/story/
2022-07/protecting-alaska-native-art-culture-and-economics.
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Several States--including California (2015),\3\ Hawaii
(2016),\4\ New Jersey (2014),\5\ New York (2014),\6\ Oregon
(2016),\7\ Washington (2015),\8\ and the District of Columbia
(2020)\9\--have laws prohibiting sale or possession of ivory
that do not provide exceptions for marine mammal ivory or items
legally produced by Alaska Natives.\10\ While Federal law
already preempts State law in this context, the passage of
these State laws broadly prohibiting ivory and ivory products
created a perception that marine mammal ivory handicrafts
produced by Alaska Natives are illegal.\11\ As a result of the
confusion, Alaska Native artisans have experienced reduced
demand or penalties for their artwork.\12\
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\3\State of California, Fish and Game Code, section 2022, 2015,
https://leginfo.legislature.ca.gov/faces/
codes_displaySection.xhtml?lawCode=FGC§ionNum=2022.
\4\State of Hawaii, Act 125, SB 2647, 2016, https://
www.capitol.hawaii.gov/sessions/session2016/bills/GM1226_.PDF.
\5\State of New Jersey, Public Law 2014, chapter 22 (S2012 1R),
2014, https://pub.njleg.gov/bills/2014/AL14/22_.HTM.
\6\State of New York, Environmental Conservation Law, section 11-
0535, 2025, https://newyork.public.law/laws/
n.y._environmental_conservation_law_section_11-0535-a.
\7\State of Oregon, chapter 3, Measure 100, 2017, https://
www.oregonlegislature.gov/bills_laws/lawsstatutes/2017orlaw0003.pdf.
\8\State of Washington, RCW 77.15.135, 2015, https://
app.leg.wa.gov/rcw/default.aspx?
cite=77.15.135.
\9\District of Colombia, Law L23-0126, 2020, https://
lims.dccouncil.gov/downloads/LIMS/41624/Other/B23-0034-L23-
126.pdf?Id=212340.
\10\``Current Laws,'' Walrus Ivory, https://walrusivory.org/
current-laws/.
\11\Zachariah Hughes, ``Ivory Ban Hurts Alaska's Natives Who
Legally Carve Walrus Tusks,'' National Public Radio, November 24, 2016,
https://www.npr.org/2016/11/24/503036303/ivory-ban-hurts-native-
alaskans-who-legally-carve-walrus-tusks; Jack Carney, ``Alaska Natives
Concerned After Etsy Bans Ivory Products,'' Alaska's News Source,
February 7, 2018, https://www.alaskasnewssource.com/content/news/
Native-Alaskans-concerned-after-Etsy-bans-ivory-products--
473266483.html.
\12\Liz Ruskin, ``Alaskans Push for Acceptance of Walrus Ivory, but
There's an Elephant in the Room,'' Alaska Public Media, June 17, 2019,
https://alaskapublic.org/top-stories/2019-06-17/alaskans-push-for-
acceptance-of-walrus-ivory-but-theres-an-elephant-in-the-room.
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Summary of Provisions
S. 254 would prohibit States from enacting State-level
prohibitions on possession or sale of authentic Alaska Native
handicrafts and clothing produced out of marine mammal ivory,
bone, or baleen.
Legislative History
S. 254 was introduced on January 24, 2025, by Senator
Sullivan (for himself and Senator Murkowski) and was referred
to the Committee on Commerce, Science, and Transportation of
the Senate. On June 25, 2025, the Committee met in open
Executive Session and, by voice vote, ordered S. 254 reported
favorably with an amendment (in the nature of a substitute).
118th Congress
S. 5253, the ARTIST Act, was introduced on September 25,
2024, by Senator Sullivan and was referred to the Committee on
Commerce, Science, and Transportation of the Senate.
116th Congress
S. 804, the Empowering Rural Economies Through Alaska
Native Sustainable Arts and Handicrafts Act, was introduced on
March 14, 2019, by Senator Sullivan (for himself and Senator
Murkowski) and was referred to the Committee on Commerce,
Science and Transportation of the Senate. On September 16,
2020, the Committee met in open Executive Session and, by voice
vote, ordered S. 804 reported favorably without amendment.
H.R. 1806, an identical House bill, was introduced on March
14, 2019, by Representative Young and was referred to the
Committee on Natural Resources of the House of Representatives.
115th Congress
S. 1965, the Allowing Alaska IVORY Act, was introduced on
October 17, 2017, by Senator Sullivan (for himself and Senator
Murkowski) and was referred to the Committee on Commerce,
Science, and Transportation of the Senate. On September 5,
2018, the Committee met in open Executive Session and, by voice
vote, ordered S. 1965 reported favorably with an amendment (in
the nature of a substitute).
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 254 would amend the Marine Mammal Protection Act of 1972
to prohibit any state from banning the importation, sale,
barter, or possession of marine mammal ivory, bone, or baleen
that has been incorporated into an authentic Alaska Native
article of handicrafts and clothing. An authentic Alaska Native
article of handicrafts and clothing is defined in the bill as
an item made of natural materials and produced by an Alaska
Native through traditional native handicraft methods.
Because S. 254 would not change federal policy related to
the sale of marine mammal ivory or bones, CBO estimates that
implementing the bill would not affect the federal budget.
S. 254 would preempt state laws governing the possession,
trade, or sale of handicrafts or clothing produced by certain
Alaska Natives using animal ivory or bone. That preemption
would be a mandate as defined in the Unfunded Mandates Reform
Act (UMRA). Although the bill would limit the application of
state laws, it would impose no duty on state governments that
would result in additional spending.
S. 254 contains no private-sector mandate as defined by
UMRA.
The CBO staff contacts for this estimate are Emilia Oliva
(for federal costs) and Rachel Austin (for mandates). The
estimate was reviewed by H. Samuel Papenfuss, Deputy Director
of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Regulatory Impact Statement
Because S. 254 does not create any new programs, the
legislation will have no additional regulatory impact, and will
result in no additional reporting requirements. The legislation
will have no further effect on the number or types of
individuals and businesses regulated, the economic impact of
such regulation, the personal privacy of affected individuals,
or the paperwork required from such individuals and businesses.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide that the bill may be cited as
the ``Alaska's Right to Ivory Sales and Tradition Act'' or the
``ARTIST Act''.
Section 2. Alaska Native handicrafts.
Subsection (b)(1) would redefine the terms ``authentic
Alaska Native article of handicrafts and clothing'' and
``traditional Alaska Native handicrafts''. It would also define
the term ``marine mammal ivory''.
Subsection (b)(2) would clarify the existing exemptions in
law covering 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.
Subsection (b)(3) would require the Secretary of Commerce
to demonstrate in writing on a public website that proceedings
for certain regulations, assessments, determinations or
findings provided for in existing law, and under this section,
are supported by substantial evidence, including that
Indigenous knowledge has been considered if raised. It would
clarify, however, that this requirement only applies in an
action brought by one or more Alaska Native organizations
representing persons to which the subsection applies.
Subsection (b)(4) would prevent States from banning 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, bone, or baleen incorporated into authentic Alaska
Native handicrafts or clothing.
Subsection (b)(5) would ensure that the provisions in this
section do not impact the rights of any Indian Tribe in effect
on the date of enactment or undermine any government-to-
government consultation or engagement.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
MARINE MAMMAL PROTECTION ACT OF 1972
* * * * * * *
[16 U.S.C. 1371(b)]
Sec. 101. (a) Except as may be authorized by a permit
issued pursuant to section 102 or section 103 of this title,
and subject to regulations issued pursuant to section 108 of
this title,
(1) no person shall transport from the United
States, and
(2) in the case of a vessel or aircraft registered
in the United States or flying the United States flag
or in the case of a United States department, agency,
or instrumentality, no person shall transport from any
location.
any material for the purpose of dumping it into ocean waters.
[(b) Except as may be authorized by a permit issued
pursuant to section 102 of this title, and subject to
regulations issued pursuant to section 108 of this title, no
person shall dump any material transported from a location
outside the United States (1) into the territorial sea of the
United States, or (2) into zone contiguous to the territorial
sea of the United States, extending to a line twelve nautical
miles seaward from the base line from which the breadth of the
territorial sea is measured, to the extent that it may affect
the territorial sea or the territory of the United States.]
(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.
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[all]