HR6021-119

2. Purpose The purpose of this Act is to clarify the treatment of authentic Alaska Native articles of handicraft (as defined in subsection (c)(1) of section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703)) under— the Convention between the United States and Great Britain for the Protection of Migratory Birds, signed at Washington August 16, 1916 (39 Stat. 1702; USTS 628); the Convention between the United States and Mexico for the Protection of Migratory Birds and Game Mammals, signed at Mexico City February 7, 1936 (50 Stat. 1311; USTS 912); 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); and the Convention between the United States and the Soviet Union Concerning the Conservation of Migratory Birds and Their Environment, signed at Moscow November 19, 1976 (TIAS 9073).

3. Clarification for Alaska Native articles containing migratory bird parts Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is amended by adding at the end the following: In this subsection: The term Alaska Native means a member of any Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) that is based in the State of Alaska, as verified through issuance of— a Tribal enrollment card; a Certificate of Degree of Indian Blood (commonly known as a CDIB) by the Bureau of Indian Affairs; or a permit under the Silver Hand program of the Alaska State Council on the Arts. The term authentic Alaska Native article of handicraft means any item that is— composed, wholly or in a significant respect, of natural materials that were found, foraged, or gifted; and produced, decorated, or fashioned in significant part— by an Alaska Native; in the exercise of traditional Alaska Native handicrafts; and without the use of any mass copying device. The term authentic Alaska Native article of handicraft includes— any weaving, carving, stitching, sewing, lacing, beading, drawing, or painting that meets the criteria described in clause (i); and any item, including clothing, described in subclause (I) that combines the techniques described in that subclause. Subject to paragraph (3) and notwithstanding any other provision of this Act, nothing in this Act prohibits the possession, offering for sale, sale, offering to barter, barter, offering to purchase, purchase, delivery for shipment, shipment, causing to be shipped or delivered for transportation, transport, causing to be transported, carrying, causing to be carried, or receiving for shipment, transportation, or carriage of any authentic Alaska Native article of handicraft on the basis that the authentic Alaska Native article of handicraft contains a nonedible migratory bird part. This subsection does not apply to an authentic Alaska Native article of handicraft containing a part of a migratory bird that was taken in a wasteful or illegal manner. Not later than 180 days after the date of enactment of this Act— the Secretary of State shall work with the Secretary of the Interior to enter into appropriate bilateral procedures, as necessary, with countries that are parties to the treaties described in paragraphs (1) through (4) of section 2 to clarify the treatment of authentic Alaska Native articles of handicraft (as defined in subsection (c)(1) of section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703)) containing nonedible migratory bird parts from the species of migratory birds listed in those treaties in accordance with the amendments made by subsection (a); and the Secretary of the Interior shall modify any regulations implementing the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.), as appropriate, to implement the amendments made by this Act. Section 2(a) of the Migratory Bird Treaty Act (16 U.S.C. 703) is amended by inserting a comma after March 4, 1972. (c)Clarification for authentic alaska native articles of handicraft (1)DefinitionsIn this subsection: (A)Alaska nativeThe term Alaska Native means a member of any Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) that is based in the State of Alaska, as verified through issuance of— (i)a Tribal enrollment card; (ii)a Certificate of Degree of Indian Blood (commonly known as a CDIB) by the Bureau of Indian Affairs; or (iii)a permit under the Silver Hand program of the Alaska State Council on the Arts. (B)Authentic alaska native article of handicraft (i)In generalThe term authentic Alaska Native article of handicraft 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— (aa)by an Alaska Native; (bb)in the exercise of traditional Alaska Native handicrafts; and (cc)without the use of any mass copying device. (ii)InclusionsThe term authentic Alaska Native article of handicraft 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. (2)Clarification for certain authentic alaska native articles of handicraftSubject to paragraph (3) and notwithstanding any other provision of this Act, nothing in this Act prohibits the possession, offering for sale, sale, offering to barter, barter, offering to purchase, purchase, delivery for shipment, shipment, causing to be shipped or delivered for transportation, transport, causing to be transported, carrying, causing to be carried, or receiving for shipment, transportation, or carriage of any authentic Alaska Native article of handicraft on the basis that the authentic Alaska Native article of handicraft contains a nonedible migratory bird part. (3)LimitationThis subsection does not apply to an authentic Alaska Native article of handicraft containing a part of a migratory bird that was taken in a wasteful or illegal manner..