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S 254 119th Congress · Senate

ARTIST Act expands Alaska Native ivory carve-outs

Advocate

Official title: ARTIST Act

The ARTIST Act amends the Marine Mammal Protection Act of 1972 to create and clarify exemptions for Alaska Natives who take marine mammals for subsistence or to make and sell authentic Alaska Native handicrafts and clothing. It defines key terms such as “authentic Alaska Native article of handicrafts and clothing,” “marine mammal ivory,” and “traditional Alaska Native handicrafts,” and it limits the use of mass-copying devices like pantographs and multiple carvers. The bill also says states may not block interstate commerce or possession of Alaska Native marine mammal ivory, bone, or baleen incorporated into authentic handicrafts, while preserving federal authority to regulate depleted species.

  • Creates an exemption in the Marine Mammal Protection Act for certain Alaska Native subsistence and handicraft uses.
  • Defines “authentic Alaska Native article of handicrafts and clothing” and bars mass-copying devices like pantographs.
  • Allows interstate commerce only for items that meet the bill’s authenticity definition.
  • Lets the Secretary regulate taking of depleted species after notice and hearing.
  • Bars states from prohibiting commerce or possession of covered ivory, bone, or baleen in authentic Alaska Native handicrafts.
Public Relevance 20 / 100
Niche Modest scope Broad

For the general public, this bill has a very limited direct effect. Its main practical impact is for Alaska Native artisans and communities covered by the Marine Mammal Protection Act exemption, because it allows the making and sale of authentic Alaska Native handicrafts and clothing using marine mammal ivory, bone, or baleen under the bill’s rules, while still allowing federal limits if a species or stock is deemed depleted. If you are not part of that narrow group, the bill is unlikely to change your day-to-day rights or obligations.

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August 15, 2025
Fiscal Impact

CBO published a cost estimate for S. 254, the ARTIST Act, on August 15, 2025. The record describes the bill as ordered reported by the Senate Committee on Commerce, Science, and Transportation on June 25, 2025. Because the full CBO report text was not provided, detailed budget effects should be read in the linked CBO report.

Full CBO report →
FOR
  • Alaska Native artisans and subsistence users They can argue the bill protects traditional cultural practices and a source of income that depends on walrus ivory, bone, and baleen. The exemption recognizes that these items are produced through traditional handicrafts rather than industrial mass production.
  • Coastal Alaska Native communities These communities may support the bill because it preserves local subsistence and native-consumption uses while clarifying that authentic items can be sold in interstate commerce if they meet the statutory definition.
  • Tribal advocates focused on cultural preservation Supporters can say the bill helps prevent federal and state rules from unintentionally erasing traditional art forms and respects Indigenous knowledge in agency proceedings involving depleted species or other findings.
AGAINST
  • Wildlife conservation advocates They may worry that expanding sale and possession rights for marine mammal ivory and related materials could create enforcement challenges and increase pressure on protected species, even with depleted-stock safeguards.
  • State regulators and enforcement officials They may object that the bill limits state authority by barring states from prohibiting interstate commerce, importation, sale, transfer, or possession of covered items incorporated into authentic handicrafts.
  • Anti-ivory trade advocates They may argue that any carve-out for ivory can complicate anti-trafficking efforts, because distinguishing authentic Alaska Native handicrafts from other ivory products may be difficult in practice.
  • “the provisions of this Act shall not apply”

    This creates a statutory exemption for covered Alaska Native takings from the Marine Mammal Protection Act, but only within the bill’s defined conditions. It means some uses that would otherwise be restricted can remain lawful when tied to subsistence or authentic handicraft production.

  • “without the use of a pantograph, multiple carvers”

    The bill tries to distinguish traditional handmade items from mass-produced or machine-assisted imitation products. That matters for enforcement, because the authenticity of an item becomes central to whether it can be sold.

  • “may be sold in interstate commerce only if it comports”

    Cross-state sales are allowed only for items that meet the authenticity definition. Buyers and sellers outside Alaska therefore have to rely on the statutory criteria, not just a label from the seller.

  • “No State shall prohibit”

    States lose authority to block commerce or possession of covered marine mammal ivory, bone, or baleen when incorporated into authentic Alaska Native handicrafts. This is a strong preemption rule that narrows state-level restrictions.

  • “supported by substantial evidence”

    The Secretary must document certain decisions in writing and make that writing public on the agency website. That increases transparency and gives Alaska Native organizations a more concrete basis to challenge federal findings.

June 12, 2026

Became Public Law No: 119-99.

100% — signed into law

The bill has already advanced through Congress and is now enacted: it passed the House by suspension on June 3, 2026, was presented to the President on June 8, 2026, and became Public Law No. 119-99 on June 12, 2026. It was sponsored by Sen. Dan Sullivan, a Republican from Alaska, and the context shows one cosponsor, with committee activity and floor passage in both chambers reflected in the action history.

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