Text: S.1965 — 115th Congress (2017-2018)All Information (Except Text)

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Introduced in Senate (10/17/2017)


115th CONGRESS
1st Session
S. 1965


To amend the Marine Mammal Protection Act of 1972 to protect the cultural practices and livelihoods of producers of Alaska Native handicrafts and traditional mammoth ivory products, and for other purposes.


IN THE SENATE OF THE UNITED STATES

October 17, 2017

Mr. Sullivan (for himself and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation


A BILL

To amend the Marine Mammal Protection Act of 1972 to protect the cultural practices and livelihoods of producers of Alaska Native handicrafts and traditional mammoth ivory products, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Allowing Alaska to Improve Vital Opportunities in the Rural Economy Act” or the “Allowing Alaska IVORY Act”.

SEC. 2. Alaska Native Handicrafts.

Section 101(b) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(b)) is amended—

(1) by striking paragraph (1) and all that follows through “is done” in the first sentence of paragraph (2) and inserting the following:

    “(A) (i) is for subsistence purposes; or

    “(ii) is done”;

(2) by redesignating paragraph (3) as subparagraph (B), and indenting appropriately;

(3) in the matter preceding subparagraph (A)(i) (as redesignated by paragraph (1)), by striking “(b) Except as” and inserting the following:

“(b) Application to certain Alaska Natives.—

“(1) DEFINITIONS.—In this subsection:

“(A) AUTHENTIC NATIVE ARTICLE OF HANDICRAFTS AND CLOTHING.—The term ‘authentic native article of handicrafts and clothing’ means an item composed wholly or in some significant respect of natural materials that is produced, decorated, or fashioned in the exercise of traditional native handicrafts without the use of a pantograph, multiple carvers, or any other mass copying device.

“(B) TRADITIONAL NATIVE HANDICRAFTS.—The term ‘traditional native handicrafts’ includes weaving, carving, stitching, sewing, lacing, beading, drawing, and painting.

“(2) APPLICATION.—Except as”;

(4) in subparagraph (A)(ii) of paragraph (2) (as redesignated by paragraph (1)), by striking “and clothing:” and all that follows through “painting” and inserting “and clothing”;

(5) in the flush text following subparagraph (B) of paragraph (2) (as redesignated by paragraph (2)), by striking “Notwithstanding the preceding provisions of this subsection, when” and inserting the following:

“(3) LIMITATIONS.—Notwithstanding paragraph (2), if”;

and

(6) by adding at the end the following:

“(4) SPECIAL RULES.—

“(A) INTERSTATE COMMERCE.—Only authentic native articles of handicrafts and clothing may be sold in interstate commerce.

“(B) EDIBLE PORTIONS OF MARINE MAMMALS.—Any edible portion of a marine mammal may be sold in a native village or town in Alaska or for native consumption.

“(5) PROHIBITIONS.—

“(A) WALRUS IVORY OR WHALE BONE.—No State shall prohibit the importation, sale, offer for sale, transfer, trade, barter, possession or possession with the intent to sell, transfer, trade, or barter of walrus ivory or whale bone produced under this title by an Indian, Aleut, or Eskimo as an authentic native article of handicrafts and clothing.

“(B) MAMMOTH IVORY.—No State shall prohibit the importation, sale, offer for sale, transfer, trade, possession or possession with the intent to sell, transfer, trade, or barter of mammoth ivory or a mammoth ivory product.”.