[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''.
                              ----------                              


                 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.

           *       *       *       *       *       *       *


  [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.

           *       *       *       *       *       *       *


                            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.

                                  
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