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September 14, 2026
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Download official House Record PDFReturn to issue contextMr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6021) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6021
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 “Archie Cavanaugh Migratory
Bird Treaty Clarification Act”.
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.
(a) In General.—Not later than 180 days after the date of
the 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 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) 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.
(b) 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.
(c) 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.
(d) 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) Definitions.—In this Act:
(1) 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) a Tribal enrollment card;
(B) a Certificate of Degree of Indian Blood (commonly known
as a “CDIB”) by the Bureau of Indian Affairs; or
(C) a permit under the Silver Hand program of the Alaska
State Council on the Arts.
(2) Authentic alaska native article of handicraft.—The
term “authentic Alaska Native article of handicraft”—
(A) 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—
(I) by an Alaska Native;
(II) in the exercise of traditional Alaska Native
handicrafts; and
(III) without the use of any mass copying device;
(B) 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;
and
(C) does not include any item that contains a part of a
migratory bird that was taken in a wasteful or illegal
manner.
(3) 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).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Arkansas (Mr. Westerman) and the gentlewoman from Oregon (Ms. Hoyle) each will control 20 minutes.
The Chair recognizes the gentleman from Arkansas.
General Leave
Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and to include extraneous material on H.R. 6021, the bill now under consideration.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 6021, the Archie Cavanaugh Migratory Bird Treaty Clarification Act, sponsored by Representative Begich of Alaska.
migratory birds and plays an important role in conserving these species. However, the law also created challenges for Alaska Native communities whose longstanding cultural traditions include using migratory bird feathers and other nonedible bird parts in traditional handicrafts and artwork.
after attempting to sell traditional artwork containing flicker and raven feathers. He faced up to 10 years in prison and a $100,000 fine, but a settlement was reached in which he agreed to pay a $2,000 fine.
H.R. 6021 addresses this unfairness by directing appropriate updates to the Migratory Bird Treaty with Japan and any subsequent revisions to domestic regulations that may be necessary to clarify that authentic Alaska Native handicrafts containing nonedible bird parts may be sold and shipped, provided those parts were not taken in a wasteful or illegal manner.
communities to preserve their cultural traditions while maintaining important protections for birds.
Mr. Speaker, I urge my colleagues to support H.R. 6021, and I reserve the balance of my time.
Ms. HOYLE of Oregon. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 6021, the Archie Cavanaugh Migratory Bird Treaty Clarification Act.
an important role in protecting migratory birds across North America, but due to the rigid way the law is interpreted, a few Alaska Native artisans who use bird parts in their traditional arts and regalia have been criminalized for their craft. This legislation addresses the conflict.
H.R. 6021 would direct the Department of the Interior and the State Department to work with Japan to clarify their Migratory Bird Treaty with the United States. It would make clear that authentic Alaska Native handicrafts made or sold with nonedible migratory bird parts are exempt from Federal law.
protections against wasteful harvesting and illegal poaching of birds, we are not doing so at the expense of Alaska Native traditions.
constructively across the aisle to come to an agreement we can all support.
Mr. Speaker, I urge a “yes” vote, and I reserve the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield 3 minutes to the gentleman from Alaska (Mr. Begich), the lead sponsor of this bill.
Mr. BEGICH. Mr. Speaker, H.R. 6021, the Archie Cavanaugh Migratory Bird Treaty Clarification Act, addresses a narrow but consequential gap in Federal law that has criminalized longstanding Alaska Native artistic and cultural traditions for more than a century.
agreements with Canada, Mexico, Japan, and Russia. These treaties, however, do not always line up with each other.
indigenous peoples. The earlier treaties with Canada and Mexico did not provide the same protections. These gaps have had real consequences for Alaska Natives.
apply the most restrictive of the four treaties across the board—in this case, our treaty with Japan—an Alaska Native artist who sells a traditional handicraft containing a raven feather or woodpecker feather can face up to 5 years in prison and a $10,000 fine.
That is not conservation. That is not what these treaties were meant to do. It is not something the Alaska Native community should have to live with.
Archie Cavanaugh was a Tlingit artist from Juneau. In 2012, he was prosecuted under the Migratory Bird Treaty Act for selling a headdress and a hat containing feathers consistent with cultural practices going back generations. His case became a symbol of how badly the current framework fits Alaska.
Native handicrafts containing nonedible migratory bird parts is not a Federal
manner. It contains species protection safeguards. It respects the existing co-management structure within the Alaska Migratory Bird Co- Management Council.
Interior to work with our treaty partner to update the international framework so that Federal regulation and treaty text finally line up.
Mr. Speaker, I urge the House to support this bill.
Ms. HOYLE of Oregon. Mr. Speaker, I urge my colleagues to support the legislation, and I yield back the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I once again thank Representative Begich for his hard work in representing his constituents and advancing this important legislation, like he has done on so many pieces of legislation this Congress.
I urge my colleagues to support H.R. 6021, and I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Goldman of Texas). The question is on the motion offered by the gentleman from Arkansas (Mr. Westerman) that the House suspend the rules and pass the bill, H.R. 6021, as amended.
The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: “A bill to clarify the treatment of authentic Alaska Native articles of handicraft containing nonedible migratory bird parts under the Migratory Bird Treaty Act, and for other purposes.”.
A motion to reconsider was laid on the table.