House Report 113-622 - FEDERAL DUCK STAMP ACT OF 2014

[House Report 113-622]
[From the U.S. Government Publishing Office]

113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-622

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

FEDERAL DUCK STAMP ACT OF 2014

_______

November 17, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed

_______

Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following

R E P O R T

[To accompany H.R. 5069]

[Including cost estimate of the Congressional Budget Office]

The Committee on Natural Resources, to whom was referred
the bill (H.R. 5069) to amend the Migratory Bird Hunting and
Conservation Stamp Act to increase in the price of Migratory
Bird Hunting and Conservation Stamps to fund the acquisition of
conservation easements for migratory birds, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Federal Duck Stamp Act of 2014''.

SEC. 2. INCREASE IN PRICE OF MIGRATORY BIRD HUNTING AND CONSERVATION
STAMP TO FUND ACQUISITION OF CONSERVATION EASEMENTS
FOR MIGRATORY BIRDS.

The Migratory Bird Hunting and Conservation Stamp Act is amended--
(1) in section 2(b) (16 U.S.C. 718b(b))--
(A) by striking ``1990, and'' and inserting
``1990,''; and
(B) by striking ``for each hunting year thereafter''
and inserting ``for hunting years 1991 through 2013,
and $25 for each hunting year thereafter'';
(2) by adding at the end of section 2 (16 U.S.C. 718b) the
following:
``(c) Reduction in Price of Stamp.--The Secretary may reduce the
price of each stamp sold under the provisions of this section for a
hunting year if the Secretary determines that the increase in the price
of the stamp after hunting year 2013 resulted in a reduction in
revenues deposited into the fund.''; and
(3) in section 4 (16 U.S.C. 718d)--
(A) in subsection (a)(3), by inserting before the
period the following: ``, in which there shall be a
subaccount to which the Secretary of the Treasury shall
transfer all amounts in excess of $15 that are received
from the sale of each stamp sold for each hunting year
after hunting year 2013'';
(B) in subsection (b)(1), by striking ``So much'' and
inserting ``Except as provided in paragraph (4), so
much'';
(C) in subsection (b)(2), by striking ``paragraph
(3)'' and inserting ``paragraphs (3) and (4)''; and
(D) by adding at the end of subsection (b) the
following:
``(4) Conservation easements.--Amounts in the subaccount
referred to in subsection (a)(3) shall be used by the Secretary
solely to acquire easements in real property in the United
States for conservation of migratory birds.''.

SEC. 3. ANNUAL REPORT ON EXPENDITURES.

Section 4 of the Migratory Bird Hunting and Conservation Stamp Act
(16 U.S.C. 718d) is further amended--
(1) in subsection (c)--
(A) by striking so much as precedes ``The Secretary
may'' and inserting the following:
``(c) Promotion of Stamp Sales.--''; and
(B) by striking paragraph (2); and
(2) by adding at the end the following:
``(d) Annual 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)--
``(1) a description of activities conducted under subsection
(c) in the year covered by the report;
``(2) an annual assessment of the status of wetlands
conservation projects for migratory bird conservation purposes,
including a clear and accurate accounting of--
``(A) all expenditures by Federal and State agencies
under this section; and
``(B) all expenditures made for fee-simple
acquisition of Federal lands in the United States,
including the amount paid and acreage of each parcel
acquired in each acquisition;
``(3) an analysis of the refuge lands opened, and refuge
lands closed, for hunting and fishing in the year covered by
the report, including--
``(A) identification of the specific areas in each
refuge and the reasons for the closure or opening; and
``(B) a detailed description of each closure
including detailed justification for such closure;
``(4) the total number of acres of refuge land open for
hunting and fishing, and the total number of acres of refuge
land closed for hunting and fishing, in the year covered by the
report; and
``(5) a separate report on the hunting and fishing status of
those lands added to the system in the year covered by the
report.''.

SEC. 4. EXEMPTION FOR TAKINGS BY RURAL ALASKA SUBSISTENCE USERS.

Section 1(a)(2) of the Migratory Bird Hunting and Conservation Stamp
Act (16 U.S.C. 718a(a)(2)) is amended by striking ``or'' after the
semicolon at the end of subparagraph (B), by striking the period at the
end of subparagraph (C) and inserting ``; or'', and by adding at the
end the following:
``(D) by a rural Alaska resident for subsistence uses
(as that term is defined in section 803 of the Alaska
National Interest Lands Conservation Act (16 U.S.C.
3113)).''.

Purpose of the Bill

The purpose of H.R. 5069 is to amend the Migratory Bird
Hunting and Conservation Stamp Act to increase the price of
Migratory Bird Hunting and Conservation Stamps to fund the
acquisition of conservation easements for migratory birds.

Background and Need for Legislation

In 1934, Congress passed the Migratory Bird Hunting Stamp
Act (16 U.S.C. 718a et seq.). Under this law, all hunters 16
years of age and older must annually purchase and carry a
federal duck stamp to hunt migratory waterfowl. The stamp also
serves as an entrance pass for any of the 562 national wildlife
refuge units which are open to the general public and require
an admission fee. The original price of a duck stamp in 1934
was $1.00. It has been incrementally increased seven times in
the past 75 years to its present cost of $15 which was
established in 1991.
Since the inception of the Duck Stamp Program, the
Department of the Interior has collected more than $800 million
from the sale of duck stamps. These monies, deposited in the
Migratory Bird Conservation Fund, have been used to purchase or
lease over 5.6 million acres of wetlands and wildlife habitat
for inclusion within the National Wildlife Refuge System
subject to the approval of the Migratory Bird Conservation
Commission. In fiscal year 2013, the Migratory Bird
Conservation Commission approved projects to acquire 7,433
acres of property in fee title and 52,873 acres of conservation
easements.
The duck stamp receipts have varied each year because of
changes in waterfowl population levels, bag limits and economic
conditions. In 2011-2012, 1,517,647 stamps were purchased and
$22.3 million was deposited into the Migratory Bird
Conservation Fund. To date, over 130 million federal duck
stamps have been purchased by waterfowl hunters, stamp
collectors, and wildlife enthusiasts.
Over the past 12 years, the Migratory Bird Conservation
Commission has approved the acquisition of 165,862 fee title
acres and 448,721 acres of conservation easements. This
represents an almost 3 to 1 ratio in non-governmental
acquisition which demonstrates that the best way to spend
federal duck stamp receipts is through permanent conservation
easements. In its fiscal year 2015 budget request, the Fish and
Wildlife Service anticipates raising an additional $14 million
each year by raising the price of a federal duck stamp from $15
to $25 dollars.
This legislation would increase the price of a federal duck
stamp from $15 to $25 and stipulates that the increase can only
be used for conservation easements in the United States. The
bill also requires a comprehensive annual report on
expenditures. This report must include all expenditures by
federal and state agencies, a description of activities
conducted under the program, an inventory of refuge lands open
or closed to hunting and fishing, an explanation of why refuge
lands are closed and an annual assessment of the state of
wetland conservation projects for migratory bird conservation.

Committee Action

H.R. 5069 was introduced on July 10, 2014, by Congressman
John Fleming (R-LA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Fisheries, Wildlife, Oceans and Insular Affairs. On July 23,
2014, the Subcommittee held a hearing on the bill. On July 30,
2014, the Full Natural Resources Committee met to consider the
bill. The Subcommittee on Fisheries, Wildlife, Oceans and
Insular Affairs was discharged by unanimous consent.
Congressman Fleming offered an amendment designated #1 to the
bill; the amendment was adopted by voice vote. Congressman
Steve Southerland (R-FL) offered an amendment designated .033
to the bill; the amendment was adopted by voice vote.
Congressman Don Young (R-AK) offered an amendment designated #1
to the bill; the amendment was adopted by voice vote.
Congressman Paul Broun (R-GA) offered an amendment designated
.119 to the bill; the amendment was adopted by voice vote. No
further amendments were offered, and the bill, as amended, was
then adopted and ordered favorably reported to the House of
Representatives by voice vote.

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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.

Compliance With House Rule XIII

1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:

H.R. 5069--Federal Duck Stamp Act of 2014

Summary: H.R. 5069 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). Federal duck stamps are annual permits sold by
the federal government to hunt migratory waterfowl. 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 H.R. 5069 would reduce the
deficit by $5 million over the 2015-2024 period. Collections
from the sale of duck stamps are recorded in the budget as
revenues, deposited in the Migratory Bird Conservation Fund
(MBCF), and later spent. Because the bill would affect direct
spending and revenues, pay-as-you-go procedures apply. In
addition, we estimate that implementing the bill would have no
significant effect on discretionary spending.
H.R. 5069 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 annual fee for duck stamps, H.R. 5069
would impose a private-sector mandate, as defined in UMRA, on
individuals required to obtain the stamp as a federal permit to
hunt migratory waterfowl. Based on information from gaming
officials at DOI, CBO estimates that the incremental cost of
complying with the mandate would fall well below the annual
threshold for private-sector mandates ($152 million in 2014,
adjusted annually for inflation).
Estimated Cost to the Federal Government: The estimated
budgetary effect of H.R. 5069 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--
-------------------------------------------------------------------------------------------
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2015-2019 2015-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN REVENUES

Estimated Revenues.......................................... * 13 13 13 13 13 13 13 14 14 52 119
CHANGES IN DIRECT SPENDING

Estimated Budget Authority.................................. * 13 13 13 13 13 13 13 14 14 52 119
Estimated Outlays........................................... * 8 12 13 13 13 13 13 14 14 47 114
NET INCREASE OR DECREASE (-) IN THE DEFICIT FROM CHANGES IN DIRECT SPENDING AND REVENUES

Impact on the Deficit....................................... * -5 -1 0 0 0 0 0 0 0 -5 -5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000; components may not sum to totals because of rounding.

Basis of estimate: For this estimate, CBO assumes that H.R.
5069 will be enacted near the end of 2014 and that DOI will
begin charging higher fees authorized under the bill at the
start of the 2015 hunting season (July 2015). Estimated outlays
are based on the program's historical spending pattern.

Revenues

H.R. 5069 would increase the price of federal duck stamps
from $15 to $25 for an annual permit. Based on information
provided by DOI, CBO estimates that federal revenues would
increase by $119 million over the 2015-2024 period. That
estimate includes a reduction in the number of stamps sold
compared with the number that would be sold at a price of $15,
reflecting CBO's assessment of the effects of prior stamp price
increases.

Direct Spending

As under existing law, additional collections from the sale
of duck stamps under the bill would be deposited in the MBCF
and would be available to be spent without further
appropriation. Amounts collected from the incremental increase
in the fee would be available for the acquisition of
conservation easements. CBO estimates that enacting the
legislation would increase spending from the MBCF by about $114
million over the 2015-2024 period. In recent years, revenues
from duck stamps have provided about $22 million annually for
conservation projects, which usually focus on acquiring
habitat.
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 H.R. 5069, THE FEDERAL DUCK STAMP ACT OF 2014, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES
JULY 30, 2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------------------------------------------
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2014-2019 2014-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact....................... 0 0 -5 -1 0 0 0 0 0 0 0 -5 -5
Memorandum:
Changes in Outlays............................... 0 0 8 12 13 13 13 13 13 14 14 47 114
Changes in Revenues.............................. 0 0 13 13 13 13 13 13 13 14 14 52 119
--------------------------------------------------------------------------------------------------------------------------------------------------------

Estimated effect on state, local, and tribal governments:
H.R. 5069 contains no intergovernmental mandates as defined in
UMRA and would impose no costs on state, local, or tribal
governments.
Estimated effect on the private sector: By increasing the
annual fee for duck stamps, which serve as a federal permit
that individuals are required to obtain to hunt migratory
waterfowl, H.R. 5069 would impose a private-sector mandate on
individuals who purchase the stamp as a hunting permit. Based
on information from gaming officials at DOT regarding the
number of migratory bird hunters, CBO estimates that the fee
increase would total about $13 million annually beginning in
2016. (Some purchases of duck stamps are made voluntarily by
conservationists and those purchases would not be considered a
mandate 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 ($152
million in 2014, adjusted annually for inflation).
Previous CBO estimate: On May 2, 2014, CBO transmitted a
cost estimate for S. 1865, the Migratory Bird Habitat
Investment and Enhancement Act, as ordered reported by the
Senate Committee on Environment and Public Works on February 6,
2014. The two bills are similar, and both bills would increase
the price of duck stamps from $15 to $25. However, S. 1865
would further increase the price of a duck stamp from $25 to
$30 five years after enactment. The CBO cost estimates reflect
that difference.
Estimate prepared by: Federal Costs: Nathaniel Frentz--
Revenues, Martin von Gnechten--Spending; Impact on state,
local, and tribal governments: Jon Sperl; Impact on the private
sector: Paige Piper/Bach.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of 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, credit authority, or an increase or decrease in
revenues or tax expenditures. CBO estimates that enacting H.R.
5069 would reduce the deficit by $5 million over the 2015-2024
period.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Migratory Bird Hunting
and Conservation Stamp Act to increase the price of Migratory
Bird Hunting and Conservation Stamps to fund the acquisition of
conservation easements for migratory birds.

Earmark Statement

This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.

Compliance With Public Law 104-4

This bill contains no unfunded mandates.

Compliance With H. Res. 5

Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.

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):

MIGRATORY BIRD HUNTING AND CONSERVATION STAMP ACT

SECTION 1. PROHIBITION ON TAKING.

(a) Prohibition.--
(1) * * *
(2) Exception.--No stamp described in paragraph (1)
shall be required for the taking of migratory
waterfowl--
(A) * * *
(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[.]; or
(D) by a rural Alaska resident for
subsistence uses (as that term is defined in
section 803 of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3113)).

* * * * * * *

SEC. 2. SALES; FUND DISPOSITION; UNSOLD STAMPS.

(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] 1990, $15.00 [for each hunting year thereafter] for
hunting years 1991 through 2013, and $25 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 and attributable to--
(1) * * *

* * * * * * *

(c) Reduction in Price of Stamp.--The Secretary may reduce
the price of each stamp sold under the provisions of this
section for a hunting year if the Secretary determines that the
increase in the price of the stamp after hunting year 2013
resulted in a reduction in revenues deposited into the fund.

* * * * * * *

SEC. 4. EXPENDITURE OF FUNDS.

(a) In General.--All funds received for stamps sold under
this Act shall be--
(1) * * *

* * * * * * *

(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, in which there shall be
a subaccount to which the Secretary of the Treasury
shall transfer all amounts in excess of $15 that are
received from the sale of each stamp sold for each
hunting year after hunting year 2013.
(b) Use of Funds.--All funds received into the fund are
appropriated for the following purposes, to remain available
until expended:
(1) Advance allotments.-- [So much] Except as
provided in paragraph (4), so much as may be necessary
shall be used by the Secretary for engraving, printing,
issuing, selling, and accounting for Migratory Bird
Hunting and Conservation Stamps and moneys received
from the sale thereof, in addition to expenses for
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.
(2) Areas for refuges.--Except as provided in
[paragraph (3)] paragraphs (3) and (4) 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.

* * * * * * *

(4) Conservation easements.--Amounts in the
subaccount referred to in subsection (a)(3) shall be
used by the Secretary solely to acquire easements in
real property in the United States for conservation of
migratory birds.
[(c) Promotion of Stamp Sales.--]
[(1) In general.--] (c) Promotion of Stamp Sales.--
The Secretary may use funds from the sale of 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) 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.]
(d) Annual 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)--
(1) a description of activities conducted under
subsection (c) in the year covered by the report;
(2) an annual assessment of the status of wetlands
conservation projects for migratory bird conservation
purposes, including a clear and accurate accounting
of--
(A) all expenditures by Federal and State
agencies under this section; and
(B) all expenditures made for fee-simple
acquisition of Federal lands in the United
States, including the amount paid and acreage
of each parcel acquired in each acquisition;
(3) an analysis of the refuge lands opened, and
refuge lands closed, for hunting and fishing in the
year covered by the report, including--
(A) identification of the specific areas in
each refuge and the reasons for the closure or
opening; and
(B) a detailed description of each closure
including detailed justification for such
closure;
(4) the total number of acres of refuge land open for
hunting and fishing, and the total number of acres of
refuge land closed for hunting and fishing, in the year
covered by the report; and
(5) a separate report on the hunting and fishing
status of those lands added to the system in the year
covered by the report.

* * * * * * *