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Calendar No. 305
109th Congress Report
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 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
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
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
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
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
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
No committee hearings were held on S. 1496.
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
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
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
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
SECTION 1. PROHIBITION ON TAKING.
(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
(2) Exception.--No stamp described in paragraph (1)
shall be required for the taking of migratory
(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
(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
[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.
(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
(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;
(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
(ii) have not been resold by any
(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
(B) redeem stamps issued under this Act
that are sold on consignment by the Secretary
(or any agent of the Secretary).
(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
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;
(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
[(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
[(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
(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
[(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
[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
(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) 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
[(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
(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;
(E) American Samoa;
(F) the Commonwealth of the Northern
(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'.
* * * * * * *
[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.
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[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
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
(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
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