16 U.S.C. §§ 718–718b

Section, act Mar. 16, 1934, ch. 71, § 9, 48 Stat. 452, defined subchapter terms.

Statutory Notes and Related Subsidiaries

Short Title of 2014 Amendment

Pub. L. 113–264, § 1, Dec. 18, 2014, 128 Stat. 2939, provided that: “This Act [amending sections 718a, 718b, and 718d of this title] may be cited as the ‘Federal Duck Stamp Act of 2014’.”

Short Title of 2006 Amendment

Pub. L. 109–266, § 1, Aug. 3, 2006, 120 Stat. 670, provided that: “This Act [enacting sections 718g to 718j of this title, amending sections 718a to 718f of this title, repealing this section and former sections 718g, 718h, and 718j of this title, and enacting provisions set out as notes under this section] may be cited as the ‘Electronic Duck Stamp Act of 2005’.”

Short Title of 1998 Amendment

Pub. L. 105–269, § 1, Oct. 19, 1998, 112 Stat. 2381, provided that: “This Act [amending section 718d of this title] may be cited as the ‘Migratory Bird Hunting and Conservation Stamp Promotion Act’.”

Short Title

Act Mar. 16, 1934, ch. 71, § 11, as added by Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 679, provided that: “This Act [enacting this subchapter] may be cited as the ‘Migratory Bird Hunting and Conservation Stamp Act’.”

Electronic Duck Stamp Pilot Program

Pub. L. 109–266, §§ 2–9, Aug. 3, 2006, 120 Stat. 670–673, provided that: FINDINGS.“Congress finds that— on March 16, 1934, Congress passed and President Roosevelt signed the Act of March 16, 1934 (16 U.S.C. 718a [718] et seq.) (popularly known as the ‘Duck Stamp Act’), which requires all migratory waterfowl hunters 16 years of age or older to buy a Federal migratory bird hunting and conservation stamp annually; the Federal Duck Stamp program has become one of the most popular and successful conservation programs ever initiated; because of that program, the United States again is teeming with migratory waterfowl and other wildlife that benefit from wetland habitats; as of the date of enactment of this Act [Aug. 3, 2006], 1,700,000 migratory bird hunting and conservation stamps are sold each year; as of 2003, those stamps have generated more than $600,000,000 in revenue that has been used to preserve more than 5,000,000 acres of migratory waterfowl habitat in the United States; and many of the more than 540 national wildlife refuges have been paid for wholly or partially with that revenue. DEFINITIONS.“In this Act [see Short Title of 2006 Amendment note above]: Actual stamp.—The term ‘actual stamp’ means a Federal migratory-bird hunting and conservation stamp required under the Act of March 16, 1934 (16 U.S.C. 718a [718] et seq.) (popularly known as the ‘Duck Stamp Act’), that is printed on paper and sold through a means in use immediately before the date of enactment of this Act [Aug. 3, 2006].Automated licensing system.— In general.—The term ‘automated licensing system’ means an electronic, computerized licensing system used by a State fish and wildlife agency to issue hunting, fishing, and other associated licenses and products. Inclusion.—The term ‘automated licensing system’ includes a point-of-sale, Internet, or telephonic system used for a purpose described in subparagraph (A). Electronic stamp.—The term ‘electronic stamp’ means an electronic version of an actual stamp that— is a unique identifier for the individual to whom it is issued; can be printed on paper; is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this Act, to issue electronic stamps; is compatible with the hunting licensing system of the State that issues the electronic stamp; and is described in the State application approved by the Secretary under section 4(b). Secretary.—The term ‘Secretary’ means the Secretary of the Interior. ELECTRONIC DUCK STAMP PILOT PROGRAM. Requirement To Conduct Program.—The Secretary shall conduct a 3-year pilot program under which up to 15 States authorized by the Secretary may issue electronic stamps. Commencement and Duration of Program.—The Secretary shall— use all means necessary to expeditiously implement this section by the date that is 1 year after the beginning of the first full Federal migratory waterfowl hunting season after the date of enactment of this Act [Aug. 3, 2006]; and carry out the pilot program for 3 Federal migratory waterfowl hunting seasons. Consultation.—The Secretary shall carry out the program in consultation with State management agencies. STATE APPLICATION. Approval of Application Required.—A State may not participate in the pilot program under this Act unless the Secretary has received and approved an application submitted by the State in accordance with this section. Contents of Application.—The Secretary may not approve a State application unless the application contains— a description of the format of the electronic stamp that the State will issue under the pilot program, including identifying features of the licensee that will be specified on the stamp; a description of any fee the State will charge for issuance of an electronic stamp; a description of the process the State will use to account for and transfer to the Secretary the amounts collected by the State that are required to be transferred to the Secretary under the program; the manner by which the State will transmit electronic stamp customer data to the Secretary; the manner by which actual stamps will be delivered; the policies and procedures under which the State will issue duplicate electronic stamps; and such other policies, procedures, and information as may be reasonably required by the Secretary. Publication of Deadlines, Eligibility Requirements, and Selection Criteria.—Not later than 30 days before the date on which the Secretary begins accepting applications for participation in the pilot program, the Secretary shall publish— deadlines for submission of applications to participate in the program; eligibility requirements for participation in the program; and criteria for selecting States to participate in the program. STATE OBLIGATIONS AND AUTHORITIES. Delivery of Actual Stamp.—The Secretary shall require that each individual to whom a State sells an electronic stamp under the pilot program shall receive an actual stamp— by not later than the date on which the electronic stamp expires under section 7(c); and in a manner agreed upon by the State and Secretary.Collection and Transfer of Electronic Stamp Revenue and Customer Information.— Requirement to transmit.—The Secretary shall require each State participating in the pilot program to collect and submit to the Secretary in accordance with this section— the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State; the face value amount of each electronic stamp sold by the State; and the amount of the Federal portion of any fee required by the agreement for each stamp sold. Time of transmittal.—The Secretary shall require the submission under paragraph (1) to be made with respect to sales of electronic stamps by a State occurring in a month— by not later than the 15th day of the subsequent month; or as otherwise specified in the application of the State approved by the Secretary under section 5. Additional fees not affected.—This section shall not apply to the State portion of any fee collected by a State under subsection (c). Electronic Stamp Issuance Fee.—A State participating in the pilot program may charge a reasonable fee to cover costs incurred by the State and the Department of the Interior in issuing electronic stamps under the program, including costs of delivery of actual stamps. Duplicate Electronic Stamps.—A State participating in the pilot program may issue a duplicate electronic stamp to replace an electronic stamp issued by the State that is lost or damaged. Limitation on Authority To Require Purchase of State License.—A State may not require that an individual purchase a State hunting license as a condition of issuing an electronic stamp under the pilot program. ELECTRONIC STAMP REQUIREMENTS; RECOGNITION OF ELECTRONIC STAMP. Stamp Requirements.—The Secretary shall require an electronic stamp issued by a State under the pilot program— to have the same format as any other license, validation, or privilege the State issues under the automated licensing system of the State; and to specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder. Recognition of Electronic Stamp.—Any electronic stamp issued by a State under the pilot program shall, during the effective period of the electronic stamp— bestow upon the licensee the same privileges as are bestowed by an actual stamp; be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; and authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing that hunting. Duration.—An electronic stamp issued by a State under the pilot program shall be valid for a period agreed to by the State and the Secretary, which shall not exceed 45 days. TERMINATION OF STATE PARTICIPATION.“Participation by a State in the pilot program may be terminated— by the Secretary, if the Secretary— finds that the State has violated any of the terms of the application of the State approved by the Secretary under section 5; and provides to the State written notice of the termination by not later than the date that is 30 days before the date of termination; or by the State, by providing written notice to the Secretary by not later than the date that is 30 days before the termination date. EVALUATION. Evaluation.—The Secretary, in consultation with State fish and wildlife management agencies and appropriate stakeholders with expertise specific to the duck stamp program, shall evaluate the pilot program and determine whether the pilot program has provided a cost-effective and convenient means for issuing migratory-bird hunting and conservation stamps, including whether the program has— increased the availability of those stamps; assisted States in meeting the customer service objectives of the States with respect to those stamps; maintained actual stamps as an effective and viable conservation tool; and maintained adequate retail availability of the actual stamp. Report.—The Secretary shall submit to Congress a report on the findings of the Secretary under subsection (a).”

(Mar. 16, 1934, ch. 71, § 1, 48 Stat. 451; June 15, 1935, ch. 261, title I, § 1, 49 Stat. 378; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 30, 1956, ch. 782, § 1, 70 Stat. 722; Pub. L. 94–215, § 3(a), Feb. 17, 1976, 90 Stat. 189; Pub. L. 109–266, § 10(a), Aug. 3, 2006, 120 Stat. 674; Pub. L. 113–264, § 4, Dec. 18, 2014, 128 Stat. 2940; Pub. L. 118–25, § 2(d), Dec. 19, 2023, 137 Stat. 130.)

Editorial Notes

Amendments

2023—Subsec. (a)(1). Pub. L. 118–25 inserted “as an electronic stamp (as defined in section 718o of this title) or” after “Conservation Stamp,” and substituted “face of the actual stamp (as defined in that section)” for “face of the stamp”.

2014—Subsec. (a)(2)(D). Pub. L. 113–264 added subpar. (D).

2006—Pub. L. 109–266 amended section generally. Prior to amendment, section related to hunting and conservation stamp for taking migratory waterfowl.

1976—Pub. L. 94–215 substituted “hunting and conservation stamp” for “hunting stamp” in first sentence.

1956—Act July 30, 1956, substituted “no person who has attained the age of sixteen years”, for “no person over sixteen years of age”.

1935—Act June 15, 1935, substituted “validated by his signature written by himself in ink across the face of the stamp prior to his taking such birds” for “issued to him in the manner hereinafter provided,” and struck out provisions which authorized the Secretary of Agriculture to adopt and promulgate regulations for the protection of private property in the injury of crops.

Executive Documents

Transfer of Functions

Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.

(Mar. 16, 1934, ch. 71, § 2, 48 Stat. 451; June 15, 1935, ch. 261, title I, § 2, 49 Stat. 379; Aug. 12, 1949, ch. 421, § 1, 63 Stat. 599; July 30, 1956, ch. 782, §§ 2, 3(c), formerly § 3(b), 70 Stat. 722, renumbered Pub. L. 109–266, § 10(i)(1), Aug. 3, 2006, 120 Stat. 679; Pub. L. 85–585, § 1, Aug. 1, 1958, 72 Stat. 486; Pub. L. 92–214, §§ 1, 2, Dec. 22, 1971, 85 Stat. 777; Pub. L. 94–215, § 3(b), (c), Feb. 17, 1976, 90 Stat. 189; Pub. L. 94–273, § 34, Apr. 21, 1976, 90 Stat. 380; Pub. L. 95–552, § 1, Oct. 30, 1978, 92 Stat. 2071; Pub. L. 95–616, § 7(a), Nov. 8, 1978, 92 Stat. 3114; Pub. L. 99–625, § 3, Nov. 7, 1986, 100 Stat. 3502; Pub. L. 99–645, title II, § 202, Nov. 10, 1986, 100 Stat. 3586; Pub. L. 109–266, § 10(b), (c), Aug. 3, 2006, 120 Stat. 674, 675; Pub. L. 113–264, § 2(1), (2), Dec. 18, 2014, 128 Stat. 2939.)

Editorial Notes

Amendments

2014—Subsec. (b). Pub. L. 113–264, § 2(1), substituted “1990, $15.00 for hunting years 1991 through 2013, and $25 for each hunting year thereafter” for “1990, and $15.00 for each hunting year thereafter”.

Subsec. (c). Pub. L. 113–264, § 2(2), added subsec. (c).

2006—Pub. L. 109–266, § 10(b), inserted section catchline.

Subsec. (a). Pub. L. 109–266, § 10(b), added subsec. (a) and struck out former subsec. (a) which related to issuance and sale of stamps, fund disposition, and unsold stamps.

Subsec. (b). Pub. L. 109–266, § 10(c)(4), which directed amendment of par. (2) by striking “For purposes” and all that follows through “of any such year.”, was executed by striking “For purposes of this section, the term ‘hunting year’ means the 12-month period beginning on July 1 of any such year.” at the end of the concluding provisions following par. (2), to reflect the probable intent of Congress.

Pub. L. 109–266, § 10(c)(1)–(3), inserted heading and substituted “Secretary” for “Secretary of the Interior” and “Migratory Bird Conservation Fund” for “migratory bird conservation fund” in introductory provisions.

1986—Subsec. (b). Pub. L. 99–645, § 202(1), (2), in introductory provisions, substituted “$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” for “$7.50 for each stamp sold under the provisions of this section for any hunting year if”.

Pub. L. 99–625 and Pub. L. 99–645, § 202(3), amended subsec. (b) identically, inserting “available for obligation” before “attributable to”.

1978—Subsec. (a). Pub. L. 95–616 substituted “June” for “September” in sixth sentence.

Pub. L. 95–552, § 1(1), (2), designated existing provisions as subsec. (a), inserted in third sentence introductory text “Except as provided in subsection (b) of this section,” and “for any hunting year” before “there shall be collected”.

Subsec. (b). Pub. L. 95–552, § 1(3), added subsec. (b).

1976—Pub. L. 94–273 substituted “the year” for “the fiscal year” and “each year” for “each fiscal year”.

Pub. L. 94–215 authorized sale of stamps by the Department of the Interior, substituted provision for prescription of regulations jointly by the Postal Service and the Secretary of the Interior for prior provision for such prescription by the Postal Service and provision for sale of stamps at any establishment, facility, or location as the Postal Service and the Secretary of the Interior shall direct and authorize for prior provision for sale of stamps at such post offices other than first- and second-class post offices as the Postal Service shall direct and inserted provision respecting deposit of funds from sale of stamps by the Department of the Interior in the migratory bird conservation fund; and substituted “September” for “June” in relation to redemption of blocks of stamps, designated existing provisions as cls. (A) and (B), and substituted “consignment to any person, including, but not limited to, “retail dealers” for “consignment to retail dealers” in cl. (A) and “by any such person” for “by such dealers” in cl. (B), respectively.

1971—Pub. L. 92–214 substituted “Postal Service” for “Post Office Department” and “Postmaster General” and inserted provisions authorizing the collection of up to $5 for each stamp sold to be 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.

1958—Pub. L. 85–585 increased cost of stamp from $2 to $3.

1956—Act July 30, 1956, § 2, struck out in existing next to last sentence requirement that stamps remaining unsold by the Post Office Department subsequent to becoming void after the 30th day of June next succeeding issuance be destroyed, substituted provisions in existing last sentence relating to redemption of blocks of unused stamps sold on consignment to retail dealers for resale to their customers, for provisions prohibiting the redemption by the Department in cash or kind of stamps sold under this Act, and inserted sentence defining “retail dealers”. For further amendment of next to last sentence of this section, see section 3(c) of act July 30, 1956, set out below.

Act July 30, 1956, § 3(c), formerly § 3(b), as renumbered by Pub. L. 109–266, § 10(i)(1), substituted provisions in fourth sentence authorizing use as migratory-bird stamps only during fiscal year for which issued, for provisions requiring stamps to expire and be void after the 30th day of June next succeeding issuance. Amendment of fourth sentence by section 3(c) further amends amendments made to next to last sentence by section 2 of act July 30, 1956, as set out above.

1949—Act Aug. 12, 1949, increased cost of stamp from $1 to $2.

1935—Act June 15, 1935, amended section generally.

Statutory Notes and Related Subsidiaries

Effective Date of 1958 Amendment

Pub. L. 85–585, § 4, Aug. 1, 1958, 72 Stat. 487, provided that: “The amendment made by the first section of this Act [amending this section] shall become effective on July 1, 1959. The amendment made by section 2 of this Act [amending section 718d of this title] making available the net proceeds of all moneys received in the migratory bird conservation fund for the location, ascertainment, and acquisition of Waterfowl Production Areas and suitable areas for migratory bird refuges shall become effective on July 1, 1960. The remaining amendments made by this Act [amending section 718d of this title] shall become effective on the date of the enactment of this Act [Aug. 1, 1958]. Any unobligated balance remaining in the migratory bird conservation fund on June 30, 1960, shall thereafter be available for expenditure only for the purposes specified in the Migratory Bird Hunting Stamp Act [now Migratory Bird Hunting and Conservation Stamp Act] of March 16, 1934 [this subchapter], as amended by this Act.”

Spending of Stamp Money

Act Aug. 12, 1949, ch. 421, § 1, 63 Stat. 599, provided in part: “That the moneys derived from the sale of such stamps shall be spent only upon specific appropriation by the Congress.”