Sullivan Legislation Protects Alaska Native Artists’ Cultural Heritage and Economic Opportunities

10.16.24

WASHINGTON-U.S. Senator Dan Sullivan (R-Alaska) introduced the Alaska's Right to Ivory Sales and Tradition (ARTIST) Act and the Archie Cavanaugh Migratory Bird Treaty Amendment Act to protect the legal rights of Alaska Native artists using natural materials, such as walrus ivory or migratory bird feathers, in traditional handicrafts, art, ceremonial regalia, and clothing. These bills would clarify that existing laws do not prohibit the use or sale of these materials in Alaska Native handicrafts by Alaska Native artists who are partaking in centuries-old cultural practices.

"Alaska Native artists, who have sustainably used natural materials in traditional art and cultural practices for thousands of years, are negatively impacted by overly broad bans on materials like walrus ivory and bird feathers," Senator Sullivan said. "The products made with these materials provide not just valuable artistic and cultural expressions, but also vital income for many rural Alaskans. Many of these restrictions have been enacted without consultation from indigenous communities and local lawmakers-and can have devastating consequences. Archie Cavanaugh, a renowned Alaska Native artist, faced jail time and legal challenges for using these materials in his traditional art. This is completely unacceptable. Not only do we need to cut through the confusion and affirm the legal rights of Alaska Native people to use these materials, we need justice for those who have been unfairly targeted for taking part in centuries-old, sustainable cultural practices. My legislation listens to stakeholders and carries out the true intent of our existing laws to allow Alaskan Native artisans to use these resources without the threat of misguided legal repercussions."

Below are statements from Alaska leaders and stakeholders in support of Sen. Sullivan's legislation.

Vera Metcalf, Director of the Eskimo Walrus Commission: "The Eskimo Walrus Commission (EWC) strongly supports this bill and thanks Senator Sullivan and his staff for working with us on it. We also greatly appreciate the support from Kawerak, the Indigenous People's Council on Marine Mammals (IPComm), the Inuit Circumpolar Council (ICC), WWF Arctic Program, and especially our Alaska Native communities. The Pacific walrus remains a significant component of our Indigenous food security and remains a major feature of Alaska Native cultural heritage. Our use of ivory gives full expression to our traditional relationship with the Pacific walrus and our way-of-life. EWC asks Congress to pass this bill to ensure the cultural and economic well-being of Alaska Native communities to thrive."

Steve MacLean, WWF US Arctic Program managing director: "The creation of handicrafts using legally sourced walrus ivory is a longstanding cultural tradition for Alaska Natives and a vital source of economic opportunity and income for their communities. This bill affirms the enduring rights of Alaska Native artists to continue creating these authentic handicrafts and bring them to market for sale. We know that words matter, particularly those that are written into law in DC and affect the everyday lives of people in places like Alaska. WWF is grateful to the Eskimo Walrus Commission for ensuring that the language in this bill meets the needs of the subsistence community, and we thank Senator Sullivan for his leadership in reintroducing this legislation. We encourage Congress to pass it into law."

Rosita Worl, President of Sealaska Heritage Institute: "The Archie Cavanaugh Migratory Bird Treaty Amendment Act is a bill that is much about justice as it is about the preservation of Native cultures. The legislation carries the name of the gifted musician and an award-winning Tlingit artist, Archie Cavanaugh. Archie was Tlingit Raven from the G_aanax_teidí clan of the Xíxch'I Hít (Frog House) in Klukwan. On his father's side, he was a Was'ineidí yádi (child of the Was'ineidí clan). He had three Tlingit names: Shaas Táak, given to him by his late great uncle, Harold Donnelly of Sitka, and Shkein and Ldaagoohaa, adopted names given to him by the K_aach.ádi clan in Kake. He was born in Wrangell and raised in Kake.

"It was through his art that Archie suffered a grueling ordeal that we hope will result, through this legislation, in new federal protections for Native artists. In 2012, federal agents fined Archie for including raven and flicker feathers on a hat and headdress he crafted for sale. The agents confiscated the feathers and a rifle previously owned by his father that Archie used to hunt for and feed his family. Archie also faced jail time for using the feathers, which is an ancient art practice.

"When Congress enacts this bill into law, Congress will take the critical step towards restoring our rights to practice traditional arts that require the use of bird feathers, while retaining existing protections for the animals. In our vision, Archie would have someday gained the right to replace the flicker feathers back on his headdress and the raven feathers back on his hat. Sadly, Archie has passed without having that opportunity. But our collective commitment to do right by our Native artists who carry forward our traditions today-and those who will carry forward those traditions tomorrow-remains with us, and that commitment in turn is carried forward by this legislation."

The full bill texts can be found here and here.

Background:

• In September 2020, Sen. Sullivan led a Senate Commerce, Science and Transportation Committee hearing on the Empowering Rural Economies Through Alaska Native Sustainable Arts and Handicrafts Act, Sen. Sullivan's bill to preempt states from banning walrus ivory, whale bone, and other marine mammal products that have been legally carved by Alaska Native people under the Marine Mammal Protection Act (MMPA).
• Sen. Sullivan advocated for Etsy and Facebook to amend their guidelines on handicraft sales to include products or artwork made by Alaska Native artists using sealskin, otter, walrus ivory, and other protected materials.
• In September 2017, Sen. Sullivan wrote the National Governors Association and National Conference of State Legislatures with the Alaska congressional delegation to highlight the "potentially devastating and unintended consequences of broadly crafted state ivory bans that are currently in place or under consideration in nearly half of the United States."
• In September 2017, Sen. Sullivan introduced the Allowing Alaska IVORY Act, legislation to preempt states from banning walrus ivory or whale bone products that have been legally carved by Alaska Native people under the Marine Mammal Protection Act.

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