[House Report 109-556]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-556
======================================================================
ELECTRONIC DUCK STAMP ACT OF 2005
_______
July 13, 2006.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany S. 1496]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the 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, report favorably thereon without amendment and recommend
that the bill do pass.
Purpose of the Bill
The purpose of S. 1496 is 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.
Background and Need for Legislation
On March 16, 1934, Congress passed the Migratory Bird
Hunting Stamp Act. Under this law, every hunter over the age of
16 is required to purchase a federal duck stamp each year if he
or she wants to hunt migratory waterfowl on federal lands. The
price of a duck stamp has increased from $1 to the present cost
of $15 which was established in 1991. These printed stamps are
sold at the Federal Duck Stamp Office, many U.S. post offices,
U.S. Fish and Wildlife Service regional and field offices and
sporting goods shops.
Each year, there is a nationwide contest to select the
design that will appear on the federal duck stamp to be
released July 1 of the following year. The first federal duck
stamp art competition was held in 1949 at the Department of the
Interior and it attracted 88 entries. The most recent
competition had 224 entrants. This is the only annual art
competition sponsored by the federal government.
Since the inception of the Duck Stamp Program, the
Department of the Interior has collected nearly $700 million
from the sale of duck stamps. These monies, deposited in the
Migratory Bird Conservation Fund, were used to purchase or
lease over 5.2 million acres of land with a total purchase
price of $890 million for inclusion within the National
Wildlife Refuge System. These lands support hundreds of species
of migratory birds and other wildlife including dozens of
endangered or threatened species. In fact, the recent
rediscovery of the ivory-billed woodpecker occurred within the
Cache River National Wildlife Refuge in Arkansas where a
significant portion of that Refuge was purchased with duck
stamp dollars. The Federal Duck Stamp Office has indicated that
98 percent of the dollars deposited in the Fund are used for
wetland acquisition. The remaining 2 percent is spent on the
printing and distribution of the stamps.
The duck stamp receipts have varied each year because of
changes in waterfowl population levels, bag limits and economic
conditions. The number of duck stamps sold has declined,
however, from 2.5 million per year in 1971-1972 to 1.5 million
stamps per year in 1996-1997. In 2003-2004, 1,616,093 stamps
were purchased and $24.2 million was deposited into the
Migratory Bird Conservation Fund.
S. 1496 directs the Secretary of the Interior to conduct a
pilot program that would allow up to 15 States to issue
electronic federal migratory bird hunting stamps. Under the
terms of the bill, the Fish and Wildlife Service would conduct
a three-year pilot program that would begin after the first
full federal migratory waterfowl hunting season following
enactment. The Service will review and approve those State
applications that describe the format of the electronic stamp
to be issued; a description of any fees for the issuance; the
process for accounting for and transferring proceeds to the
Fish and Wildlife Service; how customer data will be
transmitted; the process of delivering the actual printed duck
stamp and the procedures for issuing duplicate electronic
stamps.
In addition, S. 1496 allows a participating State to charge
a reasonable fee to recover its administrative costs but
stipulates that an individual is not required to purchase a
State hunting license as a condition for obtaining a federal
electronic duck stamp. The measure also requires the Fish and
Wildlife Service to determine whether the electronic program
has increased the availability of stamps, satisfied customer
service objectives and maintained the traditional stamps as an
effective and viable conservation tool. At the end of the
three-year trial period, Congress must then determine whether
to make this program permanent.
The Congressional Budget Office has estimated that
implementing this legislation would cost the federal government
$750,000 over the next three years, assuming the availability
of appropriated funds. The authority contained in S. 1496
allows the Secretary to require States participating in the
pilot program to collect and submit the amount of the federal
portion of any fee required by the agreement for each stamp
sold. This does not address up front costs associated with
establishing agreements.
In the process of developing guidelines to implement this
Act and in the absence of additional appropriations to the Fish
and Wildlife Service to administer the pilot programs, the
Committee recommends that the Service explore opportunities
with the pilot States to recover at least partial costs to the
Service of administering the pilot program through the fee
collected by each pilot State from the hunter who chooses to
purchase an electronic stamp.
In the past ten years, State electronic hunting licenses
have become popular throughout the United States. They are easy
to obtain because a potential hunter can simply use his or her
personal computer to access the appropriate State fish and
wildlife department website and within a matter of moments are
printing a document which contains a distinctive hunting
number. This convenience is particularly attractive to those
waterfowl hunters who desire to travel to their favorite duck
blind before the local post office or sporting good store is
open for business.
Committee Action
S. 1496 was introduced on July 26, 2005, by Senator Mike
Crapo (R-ID). It was passed by the Senate by unanimous consent
on December 16, 2005. In the House of Representatives, the bill
was referred to the Committee on Resources, and within the
Committee to the Subcommittee on Fisheries and Oceans. On June
21, 2006, the Full Resources Committee met to consider the
bill. The Subcommittee on Fisheries and Oceans was discharged
from further consideration of the bill by unanimous consent. No
amendments were offered and the bill was ordered favorably
reported to the House of Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8, clause 3 of the Constitution of the
United States grants Congress the authority to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
S. 1496--Electronic Duck Stamp Act of 2005
S. 1496 would authorize the U.S. Fish and Wildlife Service
(USFWS) to conduct a three-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 three years, assuming the availability
of appropriated funds.
The act 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 three-year project,
assuming the availability of appropriated funds. We expect that
such amounts would be used by the agency to process
applications from states that participate in the program, to
collect duck stamp receipts 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 act 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) 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 act would allow
states to charge fees to cover any costs that they might incur.
On December 1, 2005, CBO transmitted a cost estimate for S.
1496, the Electronic Duck Stamp Act of 2005, as ordered
reported by the Senate Committee on Environment and Public
Works on November 17, 2005. The two versions of the legislation
are identical, as are the estimated costs.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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 OF MARCH 16, 1934
(Act Popularly Known as the Duck Stamp Act)
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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, [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.
[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.]
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. 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] 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) * * *
(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) 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) 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) 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] 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] 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] 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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SECTION 3 OF THE ACT OF JULY 30, 1956
(Public Law 84-838)
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
sale. Any surplus stock of such migratory-bird hunting stamps
may be destroyed in such manner as the Postmaster General shall
direct.]
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.
(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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ADDITIONAL VIEWS
The bill Congressman Chip Pickering and I authored, the
Electronic Duck--or e-Duck--Stamp Act, has a simple purpose: to
make it easier for duck hunters, stamp and wildlife art
collectors, and conservationists to do the things they love.
The bill does this by creating a pilot program in which 15
states, authorized by the Secretary of the Interior, may issue
federal Duck Stamps electronically.
Since its creation in 1934, the Federal Duck Stamp Program
has become one of the most popular and successful conservation
programs ever initiated. Because of it, our country is again
teeming with migratory waterfowl and other wildlife that rely
on wetland habitats. Today, roughly 1.7 million hunting and
conservation stamps are sold each year. Recent data show that
the sale of federal Duck Stamps has generated more than
$700,000,000 in revenue used to preserve over 5.2 million acres
of migratory waterfowl habitat in the United States.
The e-Duck Stamp Act seeks to enhance the strong legacy of
this important conservation program. Under this bill, hunters
will, for the first time, be able to purchase duck stamps on-
line in a safe, easy, and convenient manner. People living in
rural areas, like mine in Western Wisconsin, will no longer
have to gas up the truck to buy a stamp, and instead can
double-click their mouse and be ready to go hunt. More
importantly, it provides this new alternative while protecting
the legacy that the great duck stamp artist Ding Darling left
us by taking explicit measures to ensure the future of the
actual stamp--miniature works of art from some of our country's
best wildlife artists.
My office has worked closely with both Ducks Unlimited and
the International Association of Fish and Wildlife Agencies in
crafting this bill. I appreciate their strong commitment to the
federal Duck Stamp program and their input into the creation of
this legislation. I look forward to continuing our work
together to implement this program once it becomes law.
Ron Kind.