ARCHIE CAVANAUGH MIGRATORY BIRD TREATY CLARIFICATION ACT

On 2026-09-14, Representative Bruce Westerman (R-AR-4) delivered a floor speech titled "ARCHIE CAVANAUGH MIGRATORY BIRD TREATY CLARIFICATION ACT" in the House.

ARCHIE CAVANAUGH MIGRATORY BIRD TREATY CLARIFICATION ACT

Congressional Record, Volume 172 Issue 144 (Monday, September 14, 2026) [Congressional Record Volume 172, Number 144 (Monday, September 14, 2026)] [House] [Pages H5564-H5566] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] ARCHIE CAVANAUGH MIGRATORY BIRD TREATY CLARIFICATION ACT Mr. 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 [[Page H5565]] 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. The Migratory Bird Treaty Act protects more than 900 species of 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. In 2012, Alaska Native artist Archie Cavanaugh faced Federal charges 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. I commend Representative Begich for his work with the Alaska Native 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. For over a century, the Migratory Bird Treaty Act of 1918 has played 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. This language ensures that while we will continue to have strong protections against wasteful harvesting and illegal poaching of birds, we are not doing so at the expense of Alaska Native traditions. This bill respects Tribal sovereignty, protects traditional knowledge, and maintains conservation integrity. I thank Representative Begich and Chair Westerman for working 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. The Migratory Bird Treaty Act implements four separate international agreements with Canada, Mexico, Japan, and Russia. These treaties, however, do not always line up with each other. The treaties with Japan and Russia recognize the subsistence needs of indigenous peoples. The earlier treaties with Canada and Mexico did not provide the same protections. These gaps have had real consequences for Alaska Natives. Because the courts have required the Fish and Wildlife Service to 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. This bill clarifies that the sale and shipment of authentic Alaska Native handicrafts containing nonedible migratory bird parts i

Referenced legislation: HR6021, HR6021