Section 1 Short title
This Act may be cited as the “Archie Cavanaugh Migratory Bird Treaty Clarification Act”.
Archie Cavanaugh Migratory Bird Treaty Clarification Act
A BILL
To amend the Migratory Bird Treaty Act to clarify the treatment of authentic Alaska Native articles of handicraft containing nonedible migratory bird parts, and for other purposes.
Sec. 2 Purpose
The purpose of this Act is to clarify the treatment of authentic Alaska Native articles of handicraft offered for sale under 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).
Sec. 3 Clarification for authentic Alaska Native articles of handicraft containing migratory bird parts
In general— Not later than 180 days after the date of the 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 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
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.
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.
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.
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”.
Definitions— In this Act:
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 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.
Authentic Alaska Native article of handicraft— 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;
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; and
does not include any item that contains a part of a migratory bird that was taken in a wasteful or illegal manner.
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).