US Codex
Bill
Notes

H.R. 6021 — what changed

Archie Cavanaugh Migratory Bird Treaty Clarification Act

From Introduced in House to Reported in House. 3 sections amended between Introduced in House and Reported in House.

Section 1 Short title

changed This Act may be cited as the “Archie Cavanaugh Migratory Bird Treaty Amendment Clarification Act”.

Sec. 2 Purpose

changed 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 offered for sale under the Convention between the United States and Japan for the Protection of Migratory Bird Treaty Act (16 U.S.C. 703)) under—Birds and Birds in Danger of Extinction and Their Environment, signed at Tokyo March 4, 1974 (TIAS 7990).
(1)
removed 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);
(2)
removed 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);
(3)
removed 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
(4)
removed 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).

Sec. 3 Clarification for authentic Alaska Native articles of handicraft containing migratory bird parts

(a)
changed In general— Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is amended by adding at Not later than 180 days after the end date of the following:enactment of this Act—
(1)
added 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
(2)
added 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.

removed “(c) Clarification for authentic alaska native articles of handicraft

removed “(1) Definitions—In this subsection:

removed “(A) Alaska native—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—

removed “(i) a Tribal enrollment card;

removed “(ii) a Certificate of Degree of Indian Blood (commonly known as a “CDIB”) by the Bureau of Indian Affairs; or

removed “(iii) a permit under the Silver Hand program of the Alaska State Council on the Arts.

removed “(B) Authentic alaska native article of handicraft

removed “(i) In general—The term authentic Alaska Native article of handicraft means any item that is—

removed “(I) composed, wholly or in a significant respect, of natural materials that were found, foraged, or gifted; and

removed “(II) produced, decorated, or fashioned in significant part—

removed “(aa) by an Alaska Native;

removed “(bb) in the exercise of traditional Alaska Native handicrafts; and

removed “(cc) without the use of any mass copying device.

removed “(ii) Inclusions—The term authentic Alaska Native article of handicraft includes—

removed “(I) any weaving, carving, stitching, sewing, lacing, beading, drawing, or painting that meets the criteria described in clause (i); and

removed “(II) any item, including clothing, described in subclause (I) that combines the techniques described in that subclause.

removed “(2) Clarification for certain authentic alaska native articles of handicraft—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.

removed “(3) Limitation—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.”

(b)
changed Administration—Modification of regulations— Not later than 180 days after If the date Secretary of enactment the Interior determines that any of the species used under this Act—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.
(c)
added 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.
(1)
removed 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
(2)
removed 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.
(d)
renumbered was (4) 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”.
(e)
added Definitions— In this Act:
(1)
added 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)
added a Tribal enrollment card;
(B)
added a Certificate of Degree of Indian Blood (commonly known as a “CDIB”) by the Bureau of Indian Affairs; or
(C)
added a permit under the Silver Hand program of the Alaska State Council on the Arts.
(2)
added Authentic Alaska Native article of handicraft— The term authentic Alaska Native article of handicraft—
(A)
added means any item that is—
(i)
added composed, wholly or in a significant respect, of natural materials that were found, foraged, or gifted; and
(ii)
added produced, decorated, or fashioned in significant part—
(I)
added by an Alaska Native;
(II)
added in the exercise of traditional Alaska Native handicrafts; and
(III)
added without the use of any mass copying device;
(B)
added includes—
(i)
added any weaving, carving, stitching, sewing, lacing, beading, drawing, or painting that meets the criteria described in clause (i); and
(ii)
added any item, including clothing, described in subclause (I) that combines the techniques described in that subclause; and
(C)
added does not include any item that contains a part of a migratory bird that was taken in a wasteful or illegal manner.
(3)
added 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).