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                                                       Calendar No. 305
109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-187

======================================================================



 
                   ELECTRONIC DUCK STAMP ACT OF 2005

                                _______
                                

                December 8, 2005.--Ordered to be printed

 Filed under authority of the order of the Senate of November 18, 2005

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [to accompany S. 1496]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1496) to direct the Secretary of the 
Interior to conduct a pilot program under which up to 15 States 
may issue electronic Federal migratory bird hunting stamps, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.

                    General Statement and Background

    Since the enactment of the Act of March 16, 1934, known as 
the Migratory Bird Hunting Stamp Act or simply the ``Duck Stamp 
Act'', all waterfowl hunters 16 years of age or older have been 
required to purchase and carry a Migratory Bird Hunting and 
Conservation Stamp (``Duck Stamp'') for the current hunting 
season. Ninety-eight cents out of every dollar generated from 
the sale of the Duck Stamp goes directly to purchase or lease 
wetland habitat for protection in the National Wildlife Refuge 
System. As of 2003, the sale of duck stamps have generated more 
than $600 million, which has been used to acquire approximately 
5 million acres of national wildlife refuge lands. As a result, 
the Federal Duck Stamp Program has become known as one of the 
most successful conservation programs ever initiated. Besides 
serving as a hunting license and a conservation tool, a current 
year's Federal Duck Stamp also serves as an entrance pass for 
National Wildlife Refuges where admission is normally charged. 
Duck Stamps and the products that bear duck stamp images are 
also popular collector items.
    Federal Duck Stamps are sold in many post offices across 
the country. They can also be purchased on the internet and at 
many sporting goods and outdoor stores. However, in order to 
serve as a valid hunting license for migratory waterfowl, the 
actual Duck Stamp must be carried and signed by the hunter in 
the field. This can pose a problem for some hunters who may 
find it difficult to locate a Duck Stamp vendor with convenient 
hours of operation or on short notice. Although many States now 
have electronic means of purchasing State licenses and permits 
for migratory bird hunting, no such alternative methods for 
purchasing the Federal Duck Stamp exist. Duck Stamps purchased 
over the internet must still be shipped and received before 
they can be used in the field. The convenience of 24 hours a 
day/7 days a week access to purchasing Duck Stamps would make 
it easier and more cost effective for many sportsmen to get out 
in the field in a timely manner without having to wait for an 
internet purchased Duck Stamp to arrive in the mail or purchase 
their Duck Stamp in person at a Post Office or other vendor 
with limited supplies and hours of operation.

                     Objectives of the Legislation

    The Electronic Duck Stamp Act instructs the Secretary of 
the Interior to conduct a 3-year pilot program allowing 
sportsmen and stamp collectors to purchase their Federal Duck 
Stamps electronically in up to 15 States. The legislation does 
not raise the cost of the $15 stamp and hunters would still 
have the option of purchasing stamps in the traditional manner. 
The program will, however, allow hunters to purchase their 
stamps over the phone or internet, giving them immediate access 
to a verification number that will allow them to hunt 
immediately, while they wait to receive an actual paper stamp. 
This will dramatically reduce the time and effort it takes for 
hunters to get their Duck Stamps and get out in the field.
    The legislation further serves to modernize and make 
technical corrections to the original Duck Stamp Act of 1934 
and subsequent amendments, which contain outdated provisions 
that do not reflect the shift of administrative 
responsibilities under the Act from the Department of 
Agriculture to the Department of the Interior.

                      Section-by-Section Analysis

Section 1. Short title.
    This section provides that this Act may be cited as the 
``Electronic Duck Stamp Act of 2005''.
Sec. 2. Findings.
    This section provides congressional findings supporting the 
need for the Act.
Sec. 3. Definitions.
    This section provides definitions for terms relevant to the 
Act.
Sec. 4. Electronic Duck Stamp pilot program.
    This section directs the Secretary of the Interior to 
conduct a 3-year pilot program under which up to 15 States are 
authorized to issue Federal Duck Stamps electronically.
Sec. 5. State application.
    This section provides the authority and parameters for 
States to apply for participation in the pilot program.
Sec. 6. State obligations and authorities.
    This section specifies the duties of States selected to 
participate in the pilot program relative to delivering actual 
paper stamps to electronic purchasers and collecting revenue 
and customer information.
Sec. 7. Electronic stamp requirements; recognition of electronic stamp.
    This section provides that the format of an electronic 
stamp be the same as other automated licenses issued by the 
participating State and further provides that the electronic 
stamp shall be recognized nationally as a valid Federal Duck 
Stamp and shall be valid for a period not to exceed 45 days.
Sec. 8. Termination of State participation.
    This section provides for the termination of participation 
of any State in the pilot program by the Secretary or the 
participating State.
Sec. 9. Evaluation.
    This section provides that the Secretary, in consultation 
with State fish and wildlife management agencies and 
appropriate stakeholders with expertise specific to the Duck 
Stamp program, shall evaluate the pilot program and determine 
whether the pilot program has provided a cost-effective and 
convenient means for issuing Duck Stamps. It also requires the 
Secretary to submit a report to Congress on the findings of the 
evaluation.
Sec. 10. Technical corrections.
    This section makes technical changes to the Duck Stamp Act 
of 1934 by adding title headings to each section of the Act, 
updating terminology, making terminology consistent throughout 
the Act, and reflecting current administrative practices. 
Additionally, unbounded narratives containing multiple 
directives within certain sections of the Act are further 
divided to more clearly convey the intent of Congress and the 
elements of each individual directive. The section also 
clarifies that nothing in the Act requires (or prohibits) an 
individual to affix the Duck Stamp to a State hunting license 
as has been the historical custom adopted by several States.
    Specifically, changes to reflect current administrative 
practices include the reassignment of responsibility for 
issuing the Duck Stamp from the Department of Agriculture to 
the Department of the Interior. Based on the historical 
practice when the Act was passed in 1934, the Postal Service 
has continued to provide for the printing of Duck Stamps, 
despite the fact that the Postal Service no longer performs the 
actual printing of stamps, but instead contracts these services 
out through commercial enterprises. Recognizing these 
operational differences that have occurred over time, this 
section reassigns this responsibility to the Department of the 
Interior, along with the authority to make advance allotments 
of revenues to the U.S. Fish and Wildlife Service for such 
purposes.
    In addition, the authority to issue Duck Stamps on 
consignment is reassigned to the Department of the Interior 
from the Postal Service, who no longer desires to provide the 
consignment service to third parties. Other duties and 
responsibilities retained by the Postal Service are now 
expanded to be held jointly by the Department of the Interior, 
including the disposition of unsold stamps and destruction of 
surplus stock.

                          Legislative History

    On July 26, 2005, Senator Crapo introduced S. 1496, which 
was cosponsored by Senators Lott, Lincoln, Nelson of Nebraska, 
Snowe, Inhofe, Martinez, Obama, Jeffords, Chafee, Murkowski, 
Allen, Cochran, Stabenow, Craig, Enzi, Burns, Coleman, Stevens, 
Baucus, and Burr. The bill was received, read twice and 
referred to the Senate Committee on Environment and Public 
Works. The committee met on November 17, 2005 to consider the 
bill. S. 1496 was ordered favorably reported, as amended, by 
voice vote.

                                Hearings

    No committee hearings were held on S. 1496.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 1496 on November 17, 2005. The committee agreed to 
an amendment offered by Senators Inhofe, Jeffords and Chafee by 
a voice vote. The bill was ordered favorably reported, as 
amended, by voice vote. No roll call votes were taken.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 1496 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 1496 would not 
impose Federal intergovernmental unfunded mandates on State, 
local, or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:
                              ----------                              

S. 1496, Electronic Duck Stamp Act of 2005, As ordered reported by the 
        Senate Committee on Environment and Public Works on November 
        17, 2005
    S. 1496 would authorize the U.S. Fish and Wildlife Service 
(USFWS) to conduct a 3-year pilot program to distribute Federal 
duck stamps electronically. CBO estimates that implementing the 
legislation would cost the Federal Government $750,000 over the 
next 3 years, assuming the availability of appropriated funds.
    The bill would authorize the USFWS to allow up to 15 States 
to sell electronic versions of Federal duck stamps, which serve 
as annual hunting permits for Federal lands. Nearly all States 
use their own versions of duck stamps as hunting permits, and 
most of these States also have electronic licensing or online 
sales systems. The pilot program authorized by S. 1496 would 
help to coordinate the sale of Federal and State permits using 
the State systems. CBO estimates that the USFWS would spend 
about $250,000 annually to carry out the 3-year project, 
assuming the availability of appropriated funds. We expect that 
such amounts would be used by the agency to process 
applications from States who wish to participate in the 
program, to collect duck stamp revenues from those States, and 
to evaluate program results.
    Because S. 1496 would not change the current $15 price of 
the Federal duck stamp, enacting the legislation would not 
affect revenues. The bill would allow the States to collect a 
surcharge for each electronic duck stamp sold. A portion of 
such fees would be transferred to the USFWS (along with the 
sales proceeds from the electronic duck stamp revenues) and 
would be credited to the agency's operating account. CBO 
estimates that such offsetting collections would have a minimal 
effect on annual discretionary spending. Enacting S. 1496 would 
not affect direct spending.
    The legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would impose no costs on State, local, or tribal 
governments. Any State that chooses to participate in this 
pilot program would do so voluntarily. The bill would allow 
States to charge fees to cover any costs that they might incur.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:
                              ----------                              


               ACT POPULARLY KNOWN AS THE DUCK STAMP ACT

                        (ACT OF MARCH 16, 1934)

AN ACT To supplement and support the Migratory Bird Conservation Act by 
providing funds for the acquisition of areas for use as migratory-bird 
    sanctuaries, refuges, and breeding grounds, for developing and 
   administering such areas, for the protection of certain migratory 
    birds, for the enforcement of the Migratory Bird Treaty Act and 
            regulations thereunder, and for other purposes.



           *       *       *       *       *       *       *
    [That no person who has attained the age of sixteen years 
shall take any migratory waterfowl unless at the time of such 
taking he carries on his person an unexpired Federal migratory-
bird hunting and conservation stamp validated by his signature 
written by himself in ink across the face of the stamp prior to 
his taking such birds; except that no such stamp shall be 
required for the taking of migratory waterfowl by Federal or 
State institutions or official agencies, or for propagation, or 
by the resident owner, tenant, or share cropper of the property 
or officially designated agencies of the Department of 
Agriculture for the killing, under such restrictions as the 
Secretary of Agriculture may by regulation prescribe, of such 
waterfowl when found injuring crops or other property. Any 
person to whom a stamp has been sold under this Act shall upon 
request exhibit such stamp for inspection to any officer or 
employee of the Department of Agriculture authorized to enforce 
the provisions of this Act or to any officer of any State or 
any political subdivision thereof authorized to enforce game 
laws.]

SECTION 1. PROHIBITION ON TAKING.

    (a) Prohibition.--
            (1) In general.--Except as provided in paragraph 
        (2), no individual who has attained the age of 16 years 
        shall take any migratory waterfowl unless, at the time 
        of the taking, the individual carries on the person of 
        the individual a valid Migratory Bird Hunting and 
        Conservation Stamp, validated by the signature of the 
        individual written in ink across the face of the stamp 
        prior to the time of the taking by the individual of 
        the waterfowl.
            (2) Exception.--No stamp described in paragraph (1) 
        shall be required for the taking of migratory 
        waterfowl--
                    (A) by Federal or State agencies;
                    (B) for propagation; or
                    (C) by the resident owner, tenant, or 
                sharecropper of the property, or officially 
                designated agencies of the Department of the 
                Interior, for the killing, under such 
                restrictions as the Secretary may by regulation 
                prescribe, of such waterfowl when found 
                damaging crops or other property.
    (b) Display of Stamp.--Any individual to whom a stamp has 
been sold under this Act shall, upon request, display the stamp 
for inspection to--
            (1) any officer or employee of the Department of 
        the Interior who is authorized to enforce this Act; or
            (2) any officer of any State or political 
        subdivision of a State authorized to enforce State game 
        laws.
    (c) Other Licenses.--Nothing in this section requires any 
individual to affix the Migratory Bird Hunting and Conservation 
Stamp to any other license prior to taking 1 or more migratory 
waterfowl.
    [Sec. 2.(a) The stamps required by section 1 of this Act 
shall be issued and sold by the Postal Service and may be sold 
by the Department of the Interior, pursuant to regulations 
prescribed jointly by the Postal Service and the Secretary of 
the Interior, at (1) each post office of the first- and second-
class, and (2) any establishment, facility, or location as the 
Postal Service and the Secretary of the Interior shall direct 
or authorize. The funds received from the sale of such stamps 
by the Department of the Interior shall be deposited in the 
migratory bird conservation fund in accordance with the 
provisions of section 4 of this Act. Except as provided in 
subsection (b), for each stamp sold under the provisions of 
this section for any hunting year there shall be collected by 
the Postal Service a sum of not less than $3 and not more than 
$5 as determined by the Secretary of the Interior after taking 
into consideration, among other matters, the increased cost of 
lands needed for the conservation of migratory birds. No such 
stamp shall be valid under any circumstances to authorize the 
taking of migratory waterfowl except in compliance with Federal 
and State laws and regulations and then only when the person so 
taking such waterfowl shall himself have written his signature 
in ink across the face of the stamp prior to such taking. Such 
stamps shall be usable as migratory-bird hunting stamps only 
during the year for which issued. The Postal Service, pursuant 
to regulations prescribed by it, shall provide for the 
redemption, on or before the 30th day of June of each year, of 
blocks composed of two or more attached unused stamps issued 
for such year (A) that were sold on consignment to any person, 
including, but not limited to, retail dealers for resale to 
their customers, and (B) that have not been resold by any such 
person. As used in this section, the term ``retail dealers'' 
means persons regularly engaged in the business of retailing 
hunting or fishing equipment, and persons duly authorized to 
act as agents of a State or political subdivision thereof for 
the sale of State or county hunting or fishing licenses.]

SEC. 2. SALES; FUND DISPOSITION; UNSOLD STAMPS.

    (a) Sales.--
            (1) In general.--The stamps required under section 
        1 shall be sold by the Postal Service and may be sold 
        by the Department of the Interior, pursuant to 
        regulations promulgated jointly by the Postal Service 
        and the Secretary, at--
                    (A) any post office; and
                    (B) such other establishments, facilities, 
                or locations as the Postal Service or the 
                Secretary (or a designee) may direct or 
                authorize.
            (2) Proceeds.--The funds received from the sale of 
        stamps under this Act by the Department of the Interior 
        shall be deposited in the Migratory Bird Conservation 
        Fund in accordance with section 4.
            (3) Minimum and maximum values.--Except as provided 
        in subsection (b), the Postal Service shall collect the 
        full face value of each stamp sold under this section 
        for the applicable hunting year.
            (4) Validity.--No stamp sold under this Act shall 
        be valid under any circumstances to authorize the 
        taking of migratory waterfowl except--
                    (A) in compliance with Federal and State 
                laws (including regulations);
                    (B) on the condition that the individual so 
                taking the waterfowl wrote the signature of the 
                individual in ink across the face of the stamp 
                prior to the taking; and
                    (C) during the hunting year for which the 
                stamp was issued.
            (5) Unused stamps.--
                    (A) Definition of retail dealer.--In this 
                paragraph, the term `retail dealer' means--
                            (i) any individual or entity that 
                        is regularly engaged in the business of 
                        retailing hunting or fishing equipment; 
                        and
                            (ii) any individual or entity duly 
                        authorized to act as an agent of a 
                        State or political subdivision of a 
                        State for the sale of State or county 
                        hunting or fishing licenses.
                    (B) Redemption of unused stamps.--The 
                Department of the Interior, pursuant to 
                regulations promulgated by the Secretary, shall 
                provide for the redemption, on or before the 
                30th day of June of each year, of unused stamps 
                issued for the year under this Act that--
                            (i) were sold on consignment to any 
                        person authorized by the Secretary to 
                        sell stamps on consignment (including 
                        retail dealers for resale to 
                        customers); and
                            (ii) have not been resold by any 
                        such person.
            (6) Prohibition on certain stamp sales.--The Postal 
        Service shall not--
                    (A) sell on consignment any stamps issued 
                under this Act to any individual, business, or 
                organization; or
                    (B) redeem stamps issued under this Act 
                that are sold on consignment by the Secretary 
                (or any agent of the Secretary).
    [(b) The]
    (b) Cost of Stamps.--The Postal Service shall collect 
$10.00 for each stamp sold under the provisions of this section 
for hunting years 1987 and 1988, $12.50 for hunting years 1989 
and 1990, and $15.00 for each hunting year thereafter, if the 
[Secretary of the Interior] Secretary determines, at any time 
before February 1 of the calendar year in which such hunting 
year begins, that all sums in the [migratory bird conservation 
fund] Migratory Bird Conservation Fund available for obligation 
and attributable to--
            (1) amounts appropriated pursuant to the Act for 
        the fiscal year ending in the immediately preceding 
        calendar year; and
            (2) the sale of stamps under this section during 
        such fiscal year have been obligated for expenditure. 
        [For purposes of this section, the term ``hunting 
        year'' means the 12-month period beginning on July 1 of 
        any such year.]
    [Sec. 3. Nothing]

SEC. 3. AUTHORIZATION AND EXEMPTION.

    Nothing in this Act shall be construed to authorize any 
person to take any migratory waterfowl otherwise than in 
accordance with regulations adopted and approved pursuant to 
any treaty or convention heretofore or hereafter entered into 
between the United States and any other country for the 
protection of migratory birds, nor to exempt any person from 
complying with the game laws of the several States.
    [Sec. 4. All moneys received for such stamps shall be 
accounted for by the Postal Service or the Department of the 
Interior, whichever is appropriate, and paid into the Treasury 
of the United States, and shall be reserved and set aside as a 
special fund to be known as the migratory bird conservation 
fund, to be administered by the Secretary of Agriculture. All 
moneys received into such fund are hereby appropriated for the 
following objects and shall be available therefor until 
expended:]

SEC. 4. EXPENDITURE OF FUNDS.

    (a) In General.--All funds received for stamps sold under 
this Act shall be--
            (1) accounted for by the Postal Service or the 
        Secretary, as appropriate;
            (2) paid into the Treasury of the United States; 
        and
            (3) reserved and set aside as a special fund, to be 
        known as the `Migratory Bird Conservation Fund' 
        (referred to in this section as the `fund'), to be 
        administered by the Secretary.
    (b) Use of Funds.--All funds received into the fund are 
appropriated for the following purposes, to remain available 
until expended:
            [(a)] [(1) So much as may be necessary shall be 
        used by the Secretary of the Interior to make advance 
        allotments to the Postal Service at such times and in 
        such amounts as may be mutually agreed upon by the 
        Secretary of the Interior and the Postal Service for 
        direct expenditure by the Postal Service for engraving]
            (1) Advance allotments.--So much as may be 
        necessary shall be used by the Secretary for engraving, 
        printing, issuing, selling, and accounting for 
        [migratory bird hunting stamps] Migratory Bird Hunting 
        and Conservation Stamps and moneys received from the 
        sale thereof, in addition to expenses for [personal] 
        personnel services in the District of Columbia and 
        elsewhere, and such other expenses as may be necessary 
        in executing the duties and functions required of the 
        [postal service] Postal Service.
            [(b)] [(2) Except as authorized in subsections (c) 
        and (d) of this section]
            (2) Areas for refuges.--Except as provided in 
        paragraph (3) and subsection (c), the remainder shall 
        be available for the location, ascertainment, and 
        acquisition of suitable areas for migratory bird 
        refuges under the provisions of the Migratory Bird 
        Conservation Act (16 U.S.C. 715 et seq.) and for the 
        administrative costs incurred in the acquisition of 
        such areas.
            [(c)] [(3) The Secretary of the Interior is 
        authorized to utilize funds made available under 
        subsection (b) of this section for the purposes of such 
        subsection, and such other funds as may be appropriated 
        for the purposes of such subsection, or of this 
        subsection,]
            (3) Conditions on use of funds.--The Secretary may 
        use funds made available under paragraph (2) for the 
        purposes of that paragraph, and such other funds as may 
        be appropriated for the purposes of that paragraph or 
        this paragraph, to acquire, or defray the expense 
        incident to the acquisition by gift, devise, lease, 
        purchase, or exchange of, small wetland and pothole 
        areas, interests therein, and rights-of-way to provide 
        access thereto. Such small areas, to be designated as 
        ``Waterfowl Production Areas'', may be acquired without 
        regard to the limitations and requirements of the 
        Migratory Bird Conservation Act (16 U.S.C. 715 et 
        seq.), but all of the provisions of such Act which 
        govern the administration and protection of lands 
        acquired thereunder, except the inviolate sanctuary 
        provisions of such Act, shall be applicable to areas 
        acquired pursuant to [this subsection] this paragraph.
    [(d)] (c) Promotion of Stamp Sales.--[(1) The Secretary of 
the Interior may utilize]
            (1) In general.--The Secretary may use funds from 
        the sale of [migratory bird hunting and conservation 
        stamps] Migratory Bird Hunting and Conservation Stamps, 
        not to exceed $1,000,000 in each of fiscal years 1999, 
        2000, 2001, 2002, and 2003, for the promotion of 
        additional sales of those stamps, in accordance with a 
        Migratory Bird Conservation Commission approved annual 
        marketing plan. Such promotion shall include the 
        preparation of reports, brochures, or other appropriate 
        materials to be made available to the public that 
        describe the benefits to wildlife derived from stamp 
        sales.
    [(2) The Secretary of the Interior]
            (2) Components of report.--The Secretary shall 
        include in each annual report of the Commission under 
        section 3 of the Migratory Bird Conservation Act (16 
        U.S.C. 715b) a description of activities conducted 
        under this subsection in the year covered by the 
        report.
    [Sec. 5. (a) That no person to whom has been sold a 
migratory-bird hunting stamp,]

SEC. 5. LOANS AND TRANSFERS, ALTERATION, AND REPRODUCTION OF STAMPS.

    (a) In General.--No person to whom has been sold a 
Migratory Bird Hunting and Conservation Stamp,, validated as 
provided in section 1 of this Act, shall loan or transfer such 
stamp to any person during the period of its validity; nor 
shall any person other than the person validating such stamp 
use it for any purpose during such period.
    [(b) Except as provided in clauses (i) and (ii) of section 
504(1)(D) of title 18, United States Code, no person shall 
alter]
    (b) Alteration.--Except as provided in clauses (i) and (ii) 
of section 504(l)(D) of title 18, United States Code, no person 
shall alter, mutilate, imitate, or counterfeit any stamp 
authorized by this Act, or imitate or counterfeit any die, 
plate, or engraving therefor, or make, print, or knowingly use, 
sell, or have in his possession any such counterfeit, die, 
plate, or engraving.
    [(c) Notwithstanding]
    (c) Reproduction.--Notwithstanding the provisions of 
subsection (b), or the prohibition in section 474 of title 18, 
United States Code, or other provisions of law, the [Secretary 
of the Interior] Secretary may authorize, with the concurrence 
of the Secretary of the Treasury,
            (1) the color reproduction, or
            (2) the black and white reproduction,
of [migratory bird hunting stamps] Migratory Bird Hunting and 
Conservation Stamps authorized by sections 1 through 4 and 6 
through 9 of this Act, which otherwise satisfies the 
requirements of clauses (ii) and (iii) of section 504(1) of 
title 18, United States Code. Any such reproduction shall be 
subject to those terms and conditions deemed necessary by the 
[Secretary of the Interior] Secretary by regulation or 
otherwise and any proceeds received by the Federal Government 
as a result of such reproduction [shall be paid into the 
migratory bird conservation fund] shall be paid, after 
deducting expenses for marketing, into the Migratory Bird 
Conservation Fund established under section 4 of this Act.
    [Sec. 6. For the efficient]

SEC. 6. ENFORCEMENT.

    For the efficient execution of this Act, the judges of the 
several courts, established under the laws of the United 
States, United States commissioners, and persons appointed by 
the [Secretary of Agriculture] Secretary to enforce the 
provisions of this Act, shall have, with respect thereto, like 
powers and duties as are conferred upon said judges, 
commissioners, and employees of the [Department of Agriculture] 
Department of the Interior by the Migratory Bird Treaty Act (16 
U.S.C. 703 et seq.) or any other Act to carry into effect any 
treaty for the protection of migratory birds with respect to 
that Act. Any bird or part thereof taken or possessed contrary 
to this Act shall, when seized, be disposed of by the Secretary 
in accordance with law.
    [Sec. 7. Any person who shall violate any provision of this 
Act or who shall violate or fail to comply with any regulation 
made pursuant thereto shall be subject to the penalties 
provided in section 6 of the Migratory Bird Treaty Act.
    [Sec. 8. The Secretary of Agriculture is authorized to 
cooperate with the several States and Territories in the 
enforcement of the provisions of this Act.
    [Sec. 9. (a) Terms defined in the Migratory Bird Treaty 
Act, or the Migratory Bird Conservation Act, shall, when used 
in this Act, have the meaning assigned to such terms in such 
Acts, respectively.
    [(b) As used in this Act (1) the term ``migratory 
waterfowl'' means the species enumerated in paragraph (a) of 
subdivision 1 of article I of the treaty between the United 
States and Great Britain for the protection of migratory birds 
concluded August 16, 1916; (2) the term ``State'' includes the 
several States and Territories of the United States and the 
District of Columbia; and (3) the term ``take'' means pursue, 
hunt, shoot, capture, collect, kill, or attempt to pursue, 
hunt, shoot, capture, collect, or kill.
    [Sec. 10. Notwithstanding any other provision of law, 
moneys received by the United States Fish and Wildlife Service 
in the form of fees for entering the migratory-bird hunting and 
conservation stamp contest shall be credited first to the 
appropriation account from which expenditures for the 
administration of such contest are made, and second, to the 
extent such moneys exceed the expenditures for administration 
of the contest, to the migratory-bird conservation fund.]

SEC. 7. VIOLATIONS.

    Any person that violates or fails to comply with any 
provision of this Act (including a regulation promulgated under 
this Act) shall be subject to the penalties described in 
section 6 of the Migratory Bird Treaty Act (16 U.S.C. 707).

SEC. 8. COOPERATION.

    The Secretary is authorized to cooperate with the States 
and the territories and possessions of the United States in the 
enforcement of this Act.

SEC. 9. USE OF CONTEST FEES.

    Notwithstanding any other provision of law, funds received 
by the United States Fish and Wildlife Service in the form of 
fees for entering any Migratory Bird Hunting and Conservation 
Stamp contest shall be credited--
            (1) first, to the appropriation account from which 
        expenditures for the administration of the contest are 
        made; and
            (2) second, to the extent any funds remain, to the 
        Migratory Bird Conservation Fund.

SEC. 10. DEFINITIONS.

    (a) In General.--In this Act, the terms defined in the 
Migratory Bird Conservation Act (16 U.S.C. 715 et seq.) and the 
Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) have the 
meanings given those terms in those Acts.
    (b) Other Definitions.--In this Act:
            (1) Hunting year.--The term `hunting year' means 
        the 1-year period beginning on July 1 of each year.
            (2) Migratory waterfowl.--The term `migratory 
        waterfowl' means the species enumerated in paragraph 
        (a) of subdivision 1 of article I of the Convention 
        between the United States and Great Britain for the 
        Protection of Migratory Birds, signed at Washington on 
        August 16, 1916 (USTS 628) (16 U.S.C. 703 et seq.).
            (3) Secretary.--The term `Secretary' means the 
        Secretary of the Interior.
            (4) State.--The term `State' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern 
                Mariana Islands;
                    (G) the Federated States of Micronesia;
                    (H) the Republic of the Marshall Islands;
                    (I) the Republic of Palau; and
                    (J) the United States Virgin Islands.
            (5) Take.--The term `take' means--
                    (A) to pursue, hunt, shoot, capture, 
                collect, or kill; or
                    (B) to attempt to pursue, hunt, shoot, 
                capture, collect, or kill.

SEC. 11. SHORT TITLE.

    This Act may be cited as the `Migratory Bird Hunting and 
Conservation Stamp Act'.

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                              ----------                              


                      [P.L. 84-838; 70 STAT. 722]

                         (ACT OF JULY 30, 1956)

 AN ACT To provide for the redemption by the Post Office Department of 
 certain unsold Federal migratory-bird hunting stamps, and to clarify 
 the requirements with respect to the age of hunters who must possess 
                 Federal migratory-bird hunting stamps.



           *       *       *       *       *       *       *
    [Sec. 3. (a) Hereafter such quantity of migratory-bird 
hunting stamps, not sold at the end of the fiscal year for 
which issued, as determined by the Postmaster General to be (1) 
required to supply the market for sale to collectors, and (2) 
in suitable condition for such sale to collectors, shall be 
turned over to the Philatelic Agency and therein placed on 
sale.]

SEC. 3. DISPOSITION OF UNSOLD STAMPS.

    (a) Disposition of Unsold Stamps.--A Migratory Bird Hunting 
and Conservation Stamp shall be transferred to the Postal 
Service or the Secretary of the Interior (or a designee) for 
sale to a collector if the stamp--
            (1) has not been sold by the end of the hunting 
        year (as that term is defined in section 10 of the 
        Migratory Bird Hunting and Conservation Stamp Act) 
        during which the stamp is issued; and
            (2) as determined by the Postal Service or the 
        Secretary of the Interior--
                    (A) is appropriate to supply a market for 
                sale to collectors; and
                    (B) is in suitable condition for sale to a 
                collector. [Any surplus stock of such 
                migratory-bird hunting stamps may be destroyed 
                in such manner as the Postmaster General shall 
                direct.]
    (b) Surplus Stock.--The Postal Service or the Secretary of 
the Interior may destroy any surplus stock of Migratory Bird 
Hunting and Conservation Stamps at such time and in such manner 
as the Postal Service or the Secretary of the Interior 
determines to be appropriate.
    [(b)] (c) The fourth sentence of section 2 of the Act of 
March 16, 1934, as amended (48 Stat. 451; 16 U.S.C., sec 718b), 
is hereby further amended to read as follows: ``Such stamps 
shall be usable as migratory-bird hunting stamps only during 
the fiscal year for which issued.''
    [(c)] (d) The first and second provisos in the paragraph 
under the heading ``Migratory Bird Conservation Fund'' in the 
Act of June 28, 1941 (55 Stat.356; 16 U.S.C., sec. 718i) are 
hereby repealed.''

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