Clarification for Alaska Native articles containing migratory bird parts
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(a) In general Section 2 of the Migratory Bird Treaty Act (16 U.S.C. 703) is amended by adding at the end the following: (c) Clarification for authentic alaska native articles of handicraft (1) Definitions In this subsection: (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— (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 general The 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) Inclusions The 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 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. (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) Administration Not later than 180 days after the date of enactment of this Act— (1) 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) 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. (c) 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.