[Senate Report 105-266]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 497
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-266
_______________________________________________________________________


 
  MIGRATORY BIRD HUNTING AND CONSERVATION STAMP PROMOTION ACT OF 1998

                                _______
                                

                 July 27, 1998.--Ordered to be printed

_______________________________________________________________________


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

                              R E P O R T

                         [To accompany S. 2319]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 2319), the Migratory Bird Hunting and 
Conservation Stamp Promotion Act of 1998, having considered the 
same, reports favorably thereon and recommends that the bill do 
pass.

                           General Statement

    Early America had an abundance of marshes and wetlands that 
provided a home for an astonishing number of wild ducks, geese, 
swans, brants and other waterfowl. As more and more settlers 
arrived on America's shores much of our critical wildlife 
habitat was leveled, plowed or dammed. In addition, frequent 
bouts of extreme weather took its toll. Degradation of 
waterfowl habitat continued throughout the 19th and into the 
20th century. By the late 1920's, hunters, conservationists and 
government officials became concerned at the alarming decrease 
of waterfowl species.
    To address the problem, Congress passed the Migratory Bird 
Conservation Act of 1929. The Act authorized the Department of 
the Agriculture to acquire and preserve wetlands as waterfowl 
habitat. Although the Act was a step in the right direction, it 
did not provide a permanent fund for the purchase of wetlands 
and waterfowl habitat.
    To rectify this situation, Jay ``Ding'' Darling, political 
cartoonist and chief of the Bureau of Biological Survey, 
conceived of an unique idea to raise funds. Ding Darling 
thought that stamps sold to waterfowl hunters would generate 
funds to preserve the habitat. Based on Ding Darling's idea, 
Congress passed and President Roosevelt signed into law the 
Migratory Bird Hunting Stamp Act on March 16, 1934. More 
commonly known as the Duck Stamp Act, it mandated that all 
waterfowl hunters 16 years of age and over must annually 
purchase and carry a Federal Duck Stamp. The revenue generated 
from duck stamp sales is earmarked for the Migratory Bird 
Conservation Fund to buy or lease waterfowl sanctuaries.
    The first duck stamp was designed by Ding Darling at 
President Roosevelt's request, and depicts two mallards about 
to land on a marsh pond. Since 1949, a contest used to 
determine what image will be depicted on the stamp. Winners 
receive no compensation for their work except a pane of their 
stamps.
    For the past ten years stamp sales have been holding steady 
at approximately 1.4 million stamps per year. On average, this 
generates $21 million per year, with last year's sales 
approaching $23.7 million. Approximately ninety-eight percent 
of the revenue generated goes into the Migratory Bird 
Conservation Fund. Many of the nation's wildlife refuges have 
been purchased in whole or part with duck stamp funds.

                     Objectives of the Legislation

    Although the Duck Stamp program has been extremely 
successful, the Act does not provide funds to allow the stamp 
to be promoted through marketing and advertising. In order to 
increase duck stamp sales a budget for advertising and 
promotion is needed. This legislation would allow marketing 
costs to be deducted from the revenue received through the sale 
of duck stamps.

                      Section-by-Section Analysis

Section 1. Short Title
    Section 1 designates the bill as the ``Migratory Bird 
Hunting and Conservation Stamp Promotion Act of 1998.''
Section 2. Promotion of Stamp Sales
    Section 2 authorizes the Secretary of the Interior to use 
up to $1 million a year in Duck Stamp receipts until 2003 to 
market Duck Stamps. The marketing plan has to be approved 
annually by the Migratory Bird Conservation Commission. The 
Secretary of the Interior is required to include in the 
Migratory Bird Conservation Commission's annual report to 
Congress a statement of all expenditures relating to this Act.
    In addition, this section makes technical changes to amend 
the short title and conform existing law.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes evaluation of 
the regulatory impact of the reported bill. The reported bill 
will have no regulatory impact. This bill will not have 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. 2319 would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments. All of its governmental 
directives are imposed on Federal agencies. The bill does not 
directly impose any private sector mandates.

                          Legislative History

    On July 16, 1998, Senator Chafee introduced (S. 2319), the 
Migratory Bird Hunting and Conservation Stamp Tax Promotion Act 
of 1998. No hearings were held on this bill. On Wednesday, July 
22, 1998, the Committee on Environment and Public Works held a 
business meeting to consider this bill. S. 2319 was favorably 
reported out of the committee by voice vote.

                          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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 24, 1998.

Hon. John H. Chafee, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2319, the Migratory 
Bird Hunting and Conservation Stamp Promotion Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis, 
who can be reached at 226-2860.

            Sincerely,
                                           June E. O'Neill,
                                                          Director.
                                ------                                


               Congressional Budget Office Cost Estimate

    S. 2319, Migratory Bird Hunting and Conservation Stamp 
Promotion Act of 1998, as ordered reported by the Senate 
Committee on Environment and Public Works on July 22, 1998.

    S. 2319 would authorize the Secretary of the Interior to 
use a portion of annual revenues derived from duck stamps 
(which are a form of hunting permit) for marketing purposes. 
Specifically, the bill would allow the U.S. Fish and Wildlife 
Service (USFWS) to use up to $1 million of such revenues each 
year through 2003 for the purpose of promoting the stamps. 
Under existing law, all of the revenues earned from duck stamps 
each year (net of sales costs) are deposited in the migratory 
bird conservation fund, from which they are available without 
further appropriation to acquire and otherwise protect 
wetlands.
    Enacting S. 2319 could affect governmental receipts by 
increasing amounts earned from the sale of Federal duck stamps. 
If such receipts increase, direct spending also would increase 
because the additional receipts would be deposited in the 
migratory bird conservation fund, from which they would become 
available for spending without further appropriation. We do not 
expect these changes to significantly affect the migratory bird 
program, which earns and spends about $20 million annually. 
Direct spending may also be affected because using the $1 
million of existing duck stamp receipts for marketing purposes 
could change the timing of some expenditures from the fund. As 
a result of these effects, pay-as-you-go procedures would 
apply, but CBO estimates that all changes would be small and 
would offset each other over time We estimate that other 
provisions, which would amend certain reporting requirements 
and make technical amendments to over environmental acts, would 
have little or no impact on Federal spending.
    S. 2319 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of State, local, or tribal 
governments.
    The CBO staff contact is Deborah Reis, who can be reached 
at 226-2860. This estimate was approved by Robert A Sunshine, 
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:

                           United States Code

                         Title 16--Conservation

      Subchapter I--Conservation Programs on Military Reservations

    Sec. 670a.    *    *    *
    Sec. 670b. Migratory game birds; permits; fees; Stamp Act 
and State law requirements.--The Secretary of Defense in 
cooperation with the Secretary of the Interior and the 
appropriate State agency is authorized to carry out a program 
for the conservation, restoration and management of migratory 
game birds on military reservations, including the issuance of 
special hunting permits and the collection of fees therefor, in 
accordance with a cooperative plan mutually agreed upon by the 
Secretary of Defense, the Secretary of the Interior and the 
appropriate State agency: Provided, That possession of a 
special permit for hunting migratory game birds issued pursuant 
to this subchapter shall not relieve the permittee of the 
requirements of the [Migratory Bird Hunting Stamp Act as 
amended] Migratory Bird Hunting and Conservation Stamp Act (16 
U.S.C. 718 et seq.) nor of the requirements pertaining to State 
law set forth in Public Law 85-337.

           *       *       *       *       *       *       *


          Chapter 5A--Protection and Conservation of Wildlife

        Subchapter III--Endangered Species of Fish and Wildlife

    Sec. 668dd.     *    *    *
    (a)    *    *    *
    (d)    *    *    *
            (1)    *    *    *
                    (A)    *    *    *
                    (B) the Secretary may waive such 
                requirement for compensation if he finds such 
                requirement impracticable or unnecessary. All 
                sums received by the Secretary of the Interior 
                pursuant to this paragraph shall, after payment 
                of any necessary expenses incurred by him in 
                administering this paragraph, be deposited into 
                the Migratory Bird Conservation Fund and shall 
                be available to carry out the provisions for 
                land acquisition of the Migratory Bird 
                Conservation Act (16 U.S.C. 715 et seq.) and 
                the [Migratory Bird Hunting Stamp Act] 
                Migratory Bird Hunting and Conservation Stamp 
                Act (16 U.S.C. 718 et seq.).

           *       *       *       *       *       *       *


          Subchapter II--Conservation Programs on Public Lands

    Sec. 670g.    *    *    *
    Sec. 670i.    *    *    *
    (a)    *    *    *
            (1)    *    *    *
            (4) The purchase of any such stamp shall entitle 
        the purchaser thereof to hunt, trap, and fish on any 
        public land within such State which is the subject of a 
        conservation or rehabilitation program implemented 
        under this subchapter except to the extent that the 
        public use of such land is limited pursuant to a 
        comprehensive plan or cooperative agreement; but the 
        purchase of any such stamp shall not be construed as 
        (A) eliminating the requirement for the purchase of a 
        migratory bird hunting and conservation stamp as set 
        forth in section 718a of this title, or (B) relieving 
        the purchaser from compliance with any applicable State 
        game and fish laws and regulations.

           *       *       *       *       *       *       *


           Subchapter IV--Hunting and Conservation Stamp Tax

    Sec. 718.    *    *    *
    (a)    *    *    *
    Sec. 718b. Issuance and sale of stamps; deposit of funds in 
migratory bird conservation fund; fees; validity; expiration; 
redemption; ``retail dealers'' and ``hunting year'' defined.--
    (a) Sales; fund disposition; unsold stamps.--The stamps 
required by section 718a of this title 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 
718d of this title. Except as provided in subsection (b) of 
this section, 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] 
migratory bird hunting and conservation 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. 718b-1. Disposition of unsold stamps; collectors' 
supply; destruction of surplus.--On or after July 30, 1956, 
such quantity of [migratory-bird hunting stamps] migratory bird 
hunting and conservation stamps, not sold at the end of the 
fiscal year for which issued, as determined by the Postal 
Service 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] migratory bird hunting and conservation 
stamps may be destroyed in such manner as the Postal Service 
shall direct.

           *       *       *       *       *       *       *

Sec. 718d. Disposition of receipts from sale of stamps.--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 the Interior. All moneys 
received into such fund are appropriated for the following 
objects and shall be available therefor until expended: (a) 
Advance allotments to Postal Service 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, 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 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.
    (b) Acquisition of bird refuges.--Except as authorized in 
[subsection (c) of this section] subsections (c) and (d), 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) Waterfowl Production Areas.--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, 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.
    (d) Promotion of stamp sales._
            (1) In general._Subject to approval of an annual 
        marketing plan by the Migratory Bird Conservation 
        Commission established by section 2 of the Migratory 
        Bird Conservation Act (16 U.S.C. 715a), the Secretary 
        of the Interior may use from receipts from the sale of 
        migratory bird hunting and conservation stamps an 
        amount not to exceed $1,000,000 for each of fiscal 
        years 1999 through 2003 for the promotion of additional 
        stamp sales.
            (2) Annual report._The Secretary of the Interior 
        shall--
                    (A) include in each report under section 3 
                of the Migratory Bird Conservation Act (16 
                U.S.C. 715b) a statement of all expenditures 
                under paragraph (1); and
                    (B) provide a copy to the Migratory Bird 
                Conservation Commission, the Committee on 
                Environment and Public Works of the Senate, and 
                the Committee on Resources of the House of 
                Representatives.
    Sec. 718e. Offenses.--
            (a) Loan or transfer of stamp.--No person to whom 
        has been sold a [migratory-bird hunting stamp] 
        migratory bird hunting and conservation stamp, 
        validated as provided in section 718a of this title, 
        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) Alteration and counterfeiting of stamp.--Except 
        as provided in clauses (i) and (ii) of section 
        504(1)(D) of title 18, no person shall alter, mutilate, 
        imitate, or counterfeit any stamp authorized by this 
        subchapter, 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 of [migratory bird hunting stamps] 
        migratory bird hunting and conservation stamps; 
        regulation by Secretary of the Interior; disposition of 
        proceeds.--Notwithstanding the provisions of subsection 
        (b) of this section, or the prohibition in section 474 
        of title 18, 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 authorized by sections 
        718 to 718b, 718c, 718d, and 718f to 718h of this 
        title, which otherwise satisfies the requirements of 
        clauses (ii) and (iii) of section 504(1) of title 18. 
        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, after deducting expenses 
        for marketing, into the migratory bird conservation 
        fund established under section 718d of this title.

           *       *       *       *       *       *       *


                                
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