H.R. 5694

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5694 Reported in House (RH)]

<DOC>

Union Calendar No. 588
119th CONGRESS
2d Session
H. R. 5694

[Report No. 119-674]

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

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

October 6, 2025

Mr. Begich introduced the following bill; which was referred to the 
Committee on Natural Resources

June 2, 2026

Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed 
in italic]
[For text of introduced bill, see copy of bill as introduced on October 
6, 2025]

_______________________________________________________________________

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 marine mammal 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 ``Alaska's Right to Ivory Sales and 
Tradition Act'' or the ``ARTIST 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 to read as follows:
``(b) Exemption for Alaskan Natives.--
``(1) Definitions.--In this subsection:
``(A) Authentic alaska native article of 
handicrafts and clothing.--The term `authentic Alaska 
Native article of handicrafts and clothing' means an 
item composed wholly, or in some significant respect, 
of natural materials and that is produced, decorated, 
or fashioned in the exercise of traditional Alaska 
Native handicrafts by an Alaska Native who resides in 
Alaska and who dwells on the coast of the North Pacific 
Ocean or the Arctic Ocean without the use of a 
pantograph, multiple carvers, or any other mass copying 
device.
``(B) Marine mammal ivory.--The term `marine mammal 
ivory' includes a tooth or tusk from a walrus (Odobenus 
rosmarus) or a species of cetacean.
``(C) Traditional alaska native handicrafts.--The 
term `traditional Alaska Native handicrafts' includes 
weaving, carving, stitching, sewing, lacing, beading, 
drawing, and painting.
``(2) Exemption.--
``(A) In general.--Except as provided in section 
109, the provisions of this Act shall not apply with 
respect to the taking of any marine mammal by any 
Alaska Native who resides in Alaska and who dwells on 
the coast of the North Pacific Ocean or the Arctic 
Ocean if such taking--
``(i)(I) is for subsistence purposes; or
``(II) is done for purposes of creating and 
selling authentic Alaska Native articles of 
handicrafts and clothing; and
``(ii) in each case, is not accomplished in 
a wasteful manner.
``(B) Special rules.--
``(i) Interstate commerce of items.--An 
item presented as an authentic Alaska Native 
article of handicrafts and clothing may be sold 
in interstate commerce only if it comports with 
the definition provided in paragraph (1)(A).
``(ii) Edible portion of marine mammal.--
Any edible portion of a marine mammal taken for 
the purpose of creating and selling authentic 
Alaska Native articles of handicrafts and 
clothing may be sold for native consumption or 
in a native village or town in Alaska.
``(3) Limitations.--
``(A) In general.--Notwithstanding paragraph (2), 
if, under this Act, the Secretary determines any 
species or stock of marine mammal subject to taking by 
Alaska Natives to be depleted, the Secretary may 
prescribe regulations upon the taking of such marine 
mammals by any Alaska Native described in this 
subsection.
``(B) Content of regulations.--The regulations 
described in subparagraph (A) may be established with 
reference to species or stocks, geographical area, the 
season for taking, or any other factors related to the 
reason for establishing such regulations and consistent 
with the purposes of this Act.
``(C) Notice and hearing; removal of regulations.--
The regulations described in subparagraph (A) shall be 
prescribed after notice and hearing required by section 
103 of this title and shall be removed as soon as the 
Secretary determines that the need for their imposition 
has disappeared.
``(D) Regulations to be supported by substantial 
evidence.--In promulgating any regulation or making any 
assessment pursuant to a hearing or proceeding under 
this subsection or section 117(b)(2), or in making any 
determination of depletion under this subsection or 
finding regarding unmitigable adverse impacts under 
subsection (a)(5) that affects stocks or persons to 
which this subsection applies, the Secretary shall 
demonstrate in writing (and make such writing publicly 
available on the website of the Secretary) that, in 
consideration of the whole record, including Indigenous 
knowledge, such regulation, assessment, determination, 
or finding is supported by substantial evidence.
``(E) Applicability.--The requirement under 
subparagraph (D) shall only be applicable in an action 
brought by one or more Alaska Native organizations 
representing persons to which this subsection applies.
``(4) Prohibitions.--No State shall prohibit the interstate 
commerce, importation, sale, offer for sale, transfer, trade, 
barter, possession, or possession with the intent to sell, 
transfer, trade, or barter of marine mammal ivory or marine 
mammal bone or baleen incorporated under this title by an 
Alaska Native, into an authentic Alaska Native article of 
handicrafts and clothing.
``(5) Rule of construction.--Nothing in this subsection 
shall be construed to--
``(A) impact the rights of any Indian Tribe (as 
defined in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 5304)) in 
effect on the date of enactment of the Alaska's Right 
to Ivory Sales and Tradition Act; or
``(B) undermine any government-to-government 
consultation or engagement.''.
Union Calendar No. 588

119th CONGRESS

2d Session

H. R. 5694

[Report No. 119-674]

_______________________________________________________________________

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 marine mammal ivory products, and for other purposes.

_______________________________________________________________________

June 2, 2026

Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed