[Senate Report 112-216]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 518
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-216

======================================================================



 
         MIGRATORY BIRD HABITAT INVESTMENT AND ENHANCEMENT ACT

                                _______
                                

               September 19, 2012.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2156]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 2156) to amend the Migratory Bird Hunting 
and Conservation Stamp Act to permit the Secretary of the 
Interior, in consultation with the Migratory Bird Conservation 
Commission, to set prices for Federal Migratory Bird Hunting 
and Conservation Stamps and make limited waivers of stamp 
requirements for certain users, having considered the same, 
reports favorably thereon and recommends that the bill, as 
amended, do pass.

                    General Statement and Background

    The Federal Migratory Bird Hunting and Conservation Stamp, 
known as the Federal Duck Stamp, was originally created in 
1934. Hunters over the age of 16 must purchase a Federal Duck 
Stamp each year to hunt migratory waterfowl. Ninety-eight cents 
out of every dollar generated by the sales of Federal Duck 
Stamps goes directly to purchase or lease wetland and waterfowl 
habitat for protection in the National Wildlife Refuge System. 
Since 1934, Duck Stamp revenues have helped acquire more than 
5.3 million acres of waterfowl habitat.
    The cost of the Duck Stamp, which is currently $15, has not 
increased since 1991. According to testimony from the U.S. Fish 
and Wildlife Service, the cost would need to be more than $24 
today to accommodate for inflation.
    The Administration, in its FY 2013 Budget Proposal, 
requested an increase in the sales price for Duck Stamps from 
$15 to $25, beginning in 2013. Such an increase would allow the 
conservation of thousands of additional acres of important 
waterfowl habitat each year.
    S. 2156, as reported, would require the Secretary of the 
Interior in consultation with the Migratory Bird Commission to 
set the price of the Duck Stamp for the 5-calendar-year period 
beginning in 2013 and each 5-year period thereafter. The bill 
limits the cost increase in the first 5-year period and each 
subsequent period to $25 and $30, respectively. The bill also 
authorizes the Secretary to waive requirements for certain 
individuals to purchase a Duck Stamp if the Secretary 
determines the waiver will have a minimal adverse effect on 
funds collected.

                     Objectives of the Legislation

    The Migratory Bird Habitat Investment and Enhancement Act 
(S. 2156) authorizes the Secretary of the Interior, in 
consultation with the Migratory Bird Conservation Commission, 
to set prices for Federal Migratory Bird Hunting and 
Conservation Stamps (Duck Stamps) and make limited waivers of 
stamp requirements for certain users.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides that this Act may be cited as the 
`Migratory Bird Habitat Investment and Enhancement Act'.

Section 2. Findings

    Section 2 provides Congressional findings regarding the 
benefits of the Duck Stamp and the rationale for increasing the 
cost of the duck stamp.

Section 3. Cost of stamps

    Section 3 authorizes the Secretary of the Interior to set 
the price of the Duck Stamp for a 5-calendar-year period 
beginning in 2013 and each 5-calendar-year period thereafter. 
This section also sets a limit on the price of the Duck Stamp, 
which cannot exceed $25 during the first five-year period and 
$30 during any subsequent five-year period.

Section 4. Waivers

    Section 4 authorizes the Secretary to waive requirements 
for certain individuals to purchase a Duck Stamp if the 
Secretary determines the waiver will have a minimal adverse 
effect on funds collected.

                          Legislative History

    S. 2156 was introduced by Senators Begich and Murkowski on 
March 6, 2012. The bill was received, read twice, and referred 
to the Committee on Environment and Public Works. On July 25, 
2012, the full Committee on Environment and Public Works met to 
consider the bill. The bill was ordered reported favorably, as 
amended, by voice vote.

                                Hearings

    On April 24th, 2012, the Water and Wildlife Subcommittee of 
the Senate Environment and Public Works Committee held a 
legislative hearing on multiple bills, including S. 2156.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 2156 on July 25, 2012. The Committee adopted an 
amendment offered by Senator Boxer by voice vote. The bill, as 
amended, was ordered reported favorably by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 2156 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals. The Committee further notes that the Congressional 
Budget Office has identified the increased cost of the Federal 
duck stamp as a private sector mandate but also found ``. . . 
that the incremental cost of complying with the mandate would 
fall well below the annual threshold for private-sector 
mandates ($146 million in 2012, adjusted annually for 
inflation).''

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee noted that the Congressional 
Budget Office has found, ``S. 2156 contains no 
intergovernmental mandates as defined in UMRA and would impose 
no costs on state, local, or tribal governments. Further, CBO 
finds that, ``S. 2156 would impose a private-sector mandate, as 
defined in UMRA,'' but ``estimates that the incremental cost of 
complying with the mandate would fall well below the annual 
threshold for private-sector mandates ($146 million in 2012, 
adjusted annually for inflation).''

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 29, 2012.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2156, the Migratory 
Bird Habitat Investment and Enhancement Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Martin von 
Gnechten.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 2156--Migratory Bird Habitat Investment and Enhancement Act

    Summary: S. 2156 would allow the Department of the Interior 
(DOI) to raise the price charged for Federal Migratory Bird 
Hunting and Conservation Stamps (referred to as federal duck 
stamps), subject to annual caps on the amount. Federal duck 
stamps are annual permits to hunt migratory waterfowl that are 
sold by the federal government. The stamps also allow entry to 
National Wildlife Refuges that charge entrance fees. Sales 
proceeds are used to acquire wetlands for inclusion in the 
National Wildlife Refuge System.
    CBO estimates that enacting S. 2156 would increase revenues 
by $132 million over the 2013-2022 period. That increase would 
be offset by an equal amount of additional direct spending. 
Because the bill would affect direct spending and revenues, 
pay-as-you-go procedures apply. However, CBO estimates that the 
net impact on the federal budget over the 2013-2022 period 
would not be significant. In addition, we estimate that 
implementing the bill would have no significant effect on 
discretionary spending.
    S. 2156 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments.
    By increasing the cost of duck stamps, S. 2156 would impose 
a private-sector mandate, as defined in UMRA, on purchasers of 
those stamps. Based on information from gaming officials, CBO 
estimates that the incremental cost of complying with the 
mandate would fall well below the annual threshold for private-
sector mandates ($146 million in 2012, adjusted annually for 
inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2156 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2013   2014   2015   2016   2017   2018   2019   2020   2021   2022  2013-2017  2013-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   CHANGES IN REVENUES

Estimated Revenues..........................................      5     11     12     12     12     15     16     16     16     16       51        132

                                                               CHANGES IN DIRECT SPENDING

Estimated Budget Authority..................................      5     11     12     12     12     15     16     16     16     16       51        132
Estimated Outlays...........................................      3      9     13     13     13     15     16     16     16     16       51        132

                                NET INCREASE OR DECREASE (-) IN THE DEFICIT FROM CHANGES IN DIRECT SPENDING AND REVENUES

Impact on Deficit...........................................     -2     -2      1      1      1      0      0      0      0      0        0          0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
2156 will be enacted late in 2012 and that DOI will begin 
charging higher fees authorized under the bill at the start of 
the 2013 hunting season (July 2013). Estimated outlays are 
based on the program's historical spending pattern.

Revenues

    S. 2156 would allow DOI to increase the price of federal 
duck stamps, which currently sell for $15. Over the first five-
year period after enactment, the price would be allowed to rise 
to $25. In subsequent years, the price would be authorized to 
rise to $30. CBO assumes that the price would be set at the cap 
in each period. Based on information provided by DOI, CBO 
estimates that federal revenues would increase by between $11 
million to $16 million annually, for a total of $132 million 
over the 2013-2022 period. CBO's estimate reflects previous 
experience with stamp price increases, which usually result in 
a temporary reduction in the number of stamps sold.

Direct Spending

    As under existing law, additional collections from the sale 
of duck stamps under the bill would be deposited in the 
Migratory Bird Conservation Fund (MBCF) and would be available 
without further appropriation for waterfowl conservation 
projects. In recent years, revenues from duck stamps have 
provided about $22 million annually for such projects, which 
usually focus on acquiring habitat. CBO estimates that enacting 
the legislation would increase deposits into the MBCF by $132 
million over the 2013-2022 period, resulting in additional 
direct spending of that amount over the next 10 years.
    Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays and revenues that are 
subject to those pay-as-you-go procedures are shown in the 
following table.

     CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 2156, THE MIGRATORY BIRD HABITAT INVESTMENT AND ENHANCEMENT ACT, AS ORDERED REPORTED BY THE SENATE
                                               COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ON JULY 25, 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2012   2013   2014   2015   2016   2017   2018   2019   2020   2021   2022  2012-2017  2012-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact.......................      0     -2     -2      1      1      1      0      0      0      0      0         0          0
Memorandum:
    Changes in Outlays...............................      0      3      9     13     13     13     15     16     16     16     16        51        132
    Changes in Revenues..............................      0      5     11     12     12     12     15     16     16     16     16        51        132
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated impact on state, local, and tribal governments: 
S. 2156 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments.
    Estimated impact on the private sector: By increasing the 
annual fee for duck stamps, which serve as a federal permit 
that individuals are required to obtain in order to hunt 
migratory waterfowl, S. 2156 would impose a private-sector 
mandate, as defined in UMRA. Based on information from gaming 
officials regarding the number of migratory bird hunters, CBO 
estimates that the fee increase for those hunters would amount 
to no more than $12 million annually in the first five years 
the mandate is in effect. (Some purchases of duck stamps are 
made by collectors and conservationists and are considered to 
be voluntary under UMRA.) As a result, CBO estimates that the 
incremental cost of complying with the mandate would fall well 
below the annual threshold for private-sector mandates ($146 
million in 2012, adjusted annually for inflation).
    Estimate prepared by: Federal Costs: Kalyani Parthasarathy 
and Barbara Edwards--Revenues; Martin von Gnechten--Federal 
Spending; Impact on State, Local, and Tribal Governments: 
Melissa Merrell; Impact on the Private Sector: Paige Piper/
Bach.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *


MIGRATORY BIRD HUNTING AND CONSERVATION STAMP ACT

           *       *       *       *       *       *       *



SECTION 1. [16 U.S.C. 718A] PROHIBITION ON TAKING.

  (a) Prohibition.--
          (1) In general.--Except as provided in paragraph (2) 
        and subsection (d), no individual who has attained the 
        age of 16 years shall take any migratory waterfowl 
        unless, at the time of the taking, the individual 
        carries on the person of the individual a valid 
        Migratory Bird Hunting and Conservation Stamp, 
        validated by the signature of the individual written in 
        ink across the face of the stamp prior to the time of 
        the taking by the individual of the waterfowl.
          (2) Exception.--No stamp described in paragraph (1) 
        shall be required for the taking of migratory 
        waterfowl--
                  (A) by Federal or State agencies;
                  (B) for propagation; or
                  (C) by the resident owner, tenant, or 
                sharecropper of the property, or officially 
                designated agencies of the Department of the 
                Interior, for the killing, under such 
                restrictions as the Secretary may by regulation 
                prescribe, of such waterfowl when found 
                damaging crops or other property.

           *       *       *       *       *       *       *

  (d) Waivers.--
          (1) In general.--The Secretary, in consultation with 
        the Migratory Bird Conservation Commission, may waive 
        requirements under this section for such individuals as 
        the Secretary, in consultation with the Migratory Bird 
        Conservation Commission, determines to be appropriate.
          (2) Limitation.--In making the determination 
        described in paragraph (1), the Secretary shall grant 
        only those waivers the Secretary determines will have a 
        minimal adverse effect on funds to be deposited in the 
        Migratory Bird Conservation Fund established under 
        section 4(a)(3).

           *       *       *       *       *       *       *


SEC. 2. [16 U.S.C. 718B] SALES; FUND DISPOSITION; UNSOLD STAMPS.

  (a) Sales.--
          (1) In general.--The stamps required under section 1 
        shall be sold by the Postal Service and may be sold by 
        the Department of the Interior, pursuant to regulations 
        promulgated jointly by the Postal Service and the 
        Secretary, at--
                  (A) * * *

           *       *       *       *       *       *       *

  [(b) Cost of Stamps.--The Postal Service shall collect $10.00 
for each stamp sold under the provisions of this section for 
hunting years 1987 and 1988, $12.50 for hunting years 1989 and 
1990, and $15.00 for each hunting year thereafter, if the 
Secretary determines, at any time before February 1 of the 
calendar year in which such hunting year begins, that all sums 
in the Migratory Bird Conservation Fund available for 
obligation andttributable to--
          [(1) amounts appropriated pursuant to the Act for the 
        fiscal year ending in the immediately preceding 
        calendar year; and
          [(2) the sale of stamps under this section during 
        such fiscal year have been obligated for expenditure.]
  (b) Cost of Stamps.--
          (1) In general.--For a 5-calendar-year period 
        beginning with calendar year 2013, and for each 5-
        calendar-year period thereafter, the Secretary, in 
        consultation with the Migratory Bird Conservation 
        Commission, shall establish the amount to be collected 
        under paragraph (2) for each stamp sold under this 
        section, which amount shall not exceed $25 for the 
        first such 5-calendar-year period and $30 for any 
        subsequent period.
          (2) Collection of amounts.--The Postal Service or the 
        Department of the Interior shall collect the amount 
        established under paragraph (1) for each stamp sold 
        under this section for a hunting year if the Secretary 
        determines, at any time before February 1 of the 
        calendar year during which the hunting year begins, 
        that all amounts described in paragraph (3) have been 
        obligated for expenditure.
          (3) Amounts.--The amounts described in this paragraph 
        are amounts in the Migratory Bird Conservation Fund 
        available for obligation and attributable to--
                  (A) amounts appropriated pursuant to this Act 
                for the fiscal year ending in the immediately 
                preceding calendar year; and
                  (B) the sale of stamps under this section 
                during that fiscal year.
  

                                  
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