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Source: US Congressional Budget Office

S. 804 would amend the Marine Mammal Protection Act of 1972 to prohibit any state from banning the importation, sale, barter, or possession of an authentic native handicraft article of mammoth, mastodon, or walrus ivory or marine mammal bones that have been produced by an Alaska Native. The bill also would prohibit states from banning the import, sale, and possession of fossilized ivory. Authentic native articles are defined by the bill as items composed of natural materials produced or fashioned through traditional native handicraft procedures.

Because S. 804 would not change federal policy related to the sale of marine mammal bones, CBO estimates that implementing the bill would not affect the federal budget.

By prohibiting states from imposing the bans mentioned above, the bill would preempt state laws related to the affected items. Those preemptions would be mandates as defined in the Unfunded Mandates Reform Act (UMRA). Although the bill would limit the application of state laws, it would impose no duty on state governments that would result in additional spending.

S. 804 contains no private-sector mandates as defined by UMRA.