S. 254

[119th Congress Public Law 99]
[From the U.S. Government Publishing Office]

[[Page 841]]

ALASKA'S RIGHT TO IVORY SALES AND TRADITION ACT

[[Page 140 STAT. 842]]

Public Law 119-99
119th Congress

An Act

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. <<NOTE: June 12, 2026 - [S. 254]>> 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Alaska's Right 
to Ivory Sales and Tradition Act.>> 
SECTION 1. <<NOTE: 16 USC 1361 note.>> 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

[[Page 140 STAT. 843]]

``(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) <<NOTE: Determinations.>> Limitations.--
``(A) <<NOTE: Regulations.>> 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.-- <<NOTE: Public information. Web 
posting.>> 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.

[[Page 140 STAT. 844]]

``(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.''.

Approved June 12, 2026.

LEGISLATIVE HISTORY--S. 254 (H.R. 5694):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 119-674 (Comm. on Natural Resources) accompanying
H.R. 5694.
SENATE REPORTS: No. 119-73 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD:
Vol. 171 (2025):
Oct. 8, considered and passed 
Senate.
Vol. 172 (2026):
June 2, 3, considered and passed 
House.

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