[Senate Report 112-216]
[From the U.S. Government Publishing Office]
Calendar No. 518
112th Congress Report
SENATE
2d Session 112-216
======================================================================
MIGRATORY BIRD HABITAT INVESTMENT AND ENHANCEMENT ACT
_______
September 19, 2012.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 2156]
The Committee on Environment and Public Works, to which was
referred a bill (S. 2156) to amend the Migratory Bird Hunting
and Conservation Stamp Act to permit the Secretary of the
Interior, in consultation with the Migratory Bird Conservation
Commission, to set prices for Federal Migratory Bird Hunting
and Conservation Stamps and make limited waivers of stamp
requirements for certain users, having considered the same,
reports favorably thereon and recommends that the bill, as
amended, do pass.
General Statement and Background
The Federal Migratory Bird Hunting and Conservation Stamp,
known as the Federal Duck Stamp, was originally created in
1934. Hunters over the age of 16 must purchase a Federal Duck
Stamp each year to hunt migratory waterfowl. Ninety-eight cents
out of every dollar generated by the sales of Federal Duck
Stamps goes directly to purchase or lease wetland and waterfowl
habitat for protection in the National Wildlife Refuge System.
Since 1934, Duck Stamp revenues have helped acquire more than
5.3 million acres of waterfowl habitat.
The cost of the Duck Stamp, which is currently $15, has not
increased since 1991. According to testimony from the U.S. Fish
and Wildlife Service, the cost would need to be more than $24
today to accommodate for inflation.
The Administration, in its FY 2013 Budget Proposal,
requested an increase in the sales price for Duck Stamps from
$15 to $25, beginning in 2013. Such an increase would allow the
conservation of thousands of additional acres of important
waterfowl habitat each year.
S. 2156, as reported, would require the Secretary of the
Interior in consultation with the Migratory Bird Commission to
set the price of the Duck Stamp for the 5-calendar-year period
beginning in 2013 and each 5-year period thereafter. The bill
limits the cost increase in the first 5-year period and each
subsequent period to $25 and $30, respectively. The bill also
authorizes the Secretary to waive requirements for certain
individuals to purchase a Duck Stamp if the Secretary
determines the waiver will have a minimal adverse effect on
funds collected.
Objectives of the Legislation
The Migratory Bird Habitat Investment and Enhancement Act
(S. 2156) authorizes the Secretary of the Interior, in
consultation with the Migratory Bird Conservation Commission,
to set prices for Federal Migratory Bird Hunting and
Conservation Stamps (Duck Stamps) and make limited waivers of
stamp requirements for certain users.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides that this Act may be cited as the
`Migratory Bird Habitat Investment and Enhancement Act'.
Section 2. Findings
Section 2 provides Congressional findings regarding the
benefits of the Duck Stamp and the rationale for increasing the
cost of the duck stamp.
Section 3. Cost of stamps
Section 3 authorizes the Secretary of the Interior to set
the price of the Duck Stamp for a 5-calendar-year period
beginning in 2013 and each 5-calendar-year period thereafter.
This section also sets a limit on the price of the Duck Stamp,
which cannot exceed $25 during the first five-year period and
$30 during any subsequent five-year period.
Section 4. Waivers
Section 4 authorizes the Secretary to waive requirements
for certain individuals to purchase a Duck Stamp if the
Secretary determines the waiver will have a minimal adverse
effect on funds collected.
Legislative History
S. 2156 was introduced by Senators Begich and Murkowski on
March 6, 2012. The bill was received, read twice, and referred
to the Committee on Environment and Public Works. On July 25,
2012, the full Committee on Environment and Public Works met to
consider the bill. The bill was ordered reported favorably, as
amended, by voice vote.
Hearings
On April 24th, 2012, the Water and Wildlife Subcommittee of
the Senate Environment and Public Works Committee held a
legislative hearing on multiple bills, including S. 2156.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 2156 on July 25, 2012. The Committee adopted an
amendment offered by Senator Boxer by voice vote. The bill, as
amended, was ordered reported favorably by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 2156
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals. The Committee further notes that the Congressional
Budget Office has identified the increased cost of the Federal
duck stamp as a private sector mandate but also found ``. . .
that the incremental cost of complying with the mandate would
fall well below the annual threshold for private-sector
mandates ($146 million in 2012, adjusted annually for
inflation).''
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee noted that the Congressional
Budget Office has found, ``S. 2156 contains no
intergovernmental mandates as defined in UMRA and would impose
no costs on state, local, or tribal governments. Further, CBO
finds that, ``S. 2156 would impose a private-sector mandate, as
defined in UMRA,'' but ``estimates that the incremental cost of
complying with the mandate would fall well below the annual
threshold for private-sector mandates ($146 million in 2012,
adjusted annually for inflation).''
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 29, 2012.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2156, the Migratory
Bird Habitat Investment and Enhancement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Martin von
Gnechten.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 2156--Migratory Bird Habitat Investment and Enhancement Act
Summary: S. 2156 would allow the Department of the Interior
(DOI) to raise the price charged for Federal Migratory Bird
Hunting and Conservation Stamps (referred to as federal duck
stamps), subject to annual caps on the amount. Federal duck
stamps are annual permits to hunt migratory waterfowl that are
sold by the federal government. The stamps also allow entry to
National Wildlife Refuges that charge entrance fees. Sales
proceeds are used to acquire wetlands for inclusion in the
National Wildlife Refuge System.
CBO estimates that enacting S. 2156 would increase revenues
by $132 million over the 2013-2022 period. That increase would
be offset by an equal amount of additional direct spending.
Because the bill would affect direct spending and revenues,
pay-as-you-go procedures apply. However, CBO estimates that the
net impact on the federal budget over the 2013-2022 period
would not be significant. In addition, we estimate that
implementing the bill would have no significant effect on
discretionary spending.
S. 2156 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments.
By increasing the cost of duck stamps, S. 2156 would impose
a private-sector mandate, as defined in UMRA, on purchasers of
those stamps. Based on information from gaming officials, CBO
estimates that the incremental cost of complying with the
mandate would fall well below the annual threshold for private-
sector mandates ($146 million in 2012, adjusted annually for
inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2156 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2013-2017 2013-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN REVENUES
Estimated Revenues.......................................... 5 11 12 12 12 15 16 16 16 16 51 132
CHANGES IN DIRECT SPENDING
Estimated Budget Authority.................................. 5 11 12 12 12 15 16 16 16 16 51 132
Estimated Outlays........................................... 3 9 13 13 13 15 16 16 16 16 51 132
NET INCREASE OR DECREASE (-) IN THE DEFICIT FROM CHANGES IN DIRECT SPENDING AND REVENUES
Impact on Deficit........................................... -2 -2 1 1 1 0 0 0 0 0 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
2156 will be enacted late in 2012 and that DOI will begin
charging higher fees authorized under the bill at the start of
the 2013 hunting season (July 2013). Estimated outlays are
based on the program's historical spending pattern.
Revenues
S. 2156 would allow DOI to increase the price of federal
duck stamps, which currently sell for $15. Over the first five-
year period after enactment, the price would be allowed to rise
to $25. In subsequent years, the price would be authorized to
rise to $30. CBO assumes that the price would be set at the cap
in each period. Based on information provided by DOI, CBO
estimates that federal revenues would increase by between $11
million to $16 million annually, for a total of $132 million
over the 2013-2022 period. CBO's estimate reflects previous
experience with stamp price increases, which usually result in
a temporary reduction in the number of stamps sold.
Direct Spending
As under existing law, additional collections from the sale
of duck stamps under the bill would be deposited in the
Migratory Bird Conservation Fund (MBCF) and would be available
without further appropriation for waterfowl conservation
projects. In recent years, revenues from duck stamps have
provided about $22 million annually for such projects, which
usually focus on acquiring habitat. CBO estimates that enacting
the legislation would increase deposits into the MBCF by $132
million over the 2013-2022 period, resulting in additional
direct spending of that amount over the next 10 years.
Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays and revenues that are
subject to those pay-as-you-go procedures are shown in the
following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 2156, THE MIGRATORY BIRD HABITAT INVESTMENT AND ENHANCEMENT ACT, AS ORDERED REPORTED BY THE SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ON JULY 25, 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------------------------------------------
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2012-2017 2012-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact....................... 0 -2 -2 1 1 1 0 0 0 0 0 0 0
Memorandum:
Changes in Outlays............................... 0 3 9 13 13 13 15 16 16 16 16 51 132
Changes in Revenues.............................. 0 5 11 12 12 12 15 16 16 16 16 51 132
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated impact on state, local, and tribal governments:
S. 2156 contains no intergovernmental mandates as defined in
UMRA and would impose no costs on state, local, or tribal
governments.
Estimated impact on the private sector: By increasing the
annual fee for duck stamps, which serve as a federal permit
that individuals are required to obtain in order to hunt
migratory waterfowl, S. 2156 would impose a private-sector
mandate, as defined in UMRA. Based on information from gaming
officials regarding the number of migratory bird hunters, CBO
estimates that the fee increase for those hunters would amount
to no more than $12 million annually in the first five years
the mandate is in effect. (Some purchases of duck stamps are
made by collectors and conservationists and are considered to
be voluntary under UMRA.) As a result, CBO estimates that the
incremental cost of complying with the mandate would fall well
below the annual threshold for private-sector mandates ($146
million in 2012, adjusted annually for inflation).
Estimate prepared by: Federal Costs: Kalyani Parthasarathy
and Barbara Edwards--Revenues; Martin von Gnechten--Federal
Spending; Impact on State, Local, and Tribal Governments:
Melissa Merrell; Impact on the Private Sector: Paige Piper/
Bach.
Estimate approved by: Theresa Gullo, 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:
* * * * * * *
MIGRATORY BIRD HUNTING AND CONSERVATION STAMP ACT
* * * * * * *
SECTION 1. [16 U.S.C. 718A] PROHIBITION ON TAKING.
(a) Prohibition.--
(1) In general.--Except as provided in paragraph (2)
and subsection (d), 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.
* * * * * * *
(d) Waivers.--
(1) In general.--The Secretary, in consultation with
the Migratory Bird Conservation Commission, may waive
requirements under this section for such individuals as
the Secretary, in consultation with the Migratory Bird
Conservation Commission, determines to be appropriate.
(2) Limitation.--In making the determination
described in paragraph (1), the Secretary shall grant
only those waivers the Secretary determines will have a
minimal adverse effect on funds to be deposited in the
Migratory Bird Conservation Fund established under
section 4(a)(3).
* * * * * * *
SEC. 2. [16 U.S.C. 718B] 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) * * *
* * * * * * *
[(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 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 available for
obligation andttributable 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.]
(b) Cost of Stamps.--
(1) In general.--For a 5-calendar-year period
beginning with calendar year 2013, and for each 5-
calendar-year period thereafter, the Secretary, in
consultation with the Migratory Bird Conservation
Commission, shall establish the amount to be collected
under paragraph (2) for each stamp sold under this
section, which amount shall not exceed $25 for the
first such 5-calendar-year period and $30 for any
subsequent period.
(2) Collection of amounts.--The Postal Service or the
Department of the Interior shall collect the amount
established under paragraph (1) for each stamp sold
under this section for a hunting year if the Secretary
determines, at any time before February 1 of the
calendar year during which the hunting year begins,
that all amounts described in paragraph (3) have been
obligated for expenditure.
(3) Amounts.--The amounts described in this paragraph
are amounts in the Migratory Bird Conservation Fund
available for obligation and attributable to--
(A) amounts appropriated pursuant to this Act
for the fiscal year ending in the immediately
preceding calendar year; and
(B) the sale of stamps under this section
during that fiscal year.