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[Senate Report 113-210]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 466
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-210

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

 
         MIGRATORY BIRD HABITAT INVESTMENT AND ENHANCEMENT ACT

                                _______
                                

                 July 15, 2014.--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. 1865]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1865) to amend the prices set 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, with an 
amendment, 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.
    S. 1865, 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 2014 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. 1865) 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 2014 and each 5 calendar-year period thereafter. 
This section, as modified by a technical correction to clarify 
the authority of the Secretary, 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. 1865 was introduced by Senators Begich, Coons, Baucus, 
and Tester on December 19, 2013. The bill was received, read 
twice, and referred to the Committee on Environment and Public 
Works. On February 6, 2014, the full Committee on Environment 
and Public Works met to consider the bill. The bill was ordered 
reported favorably.

                                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, which 
was a similar version of this legislation introduced in the 
112th Congress.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 1865 on February 6, 2014. The bill was ordered 
reported favorably by voice vote with Senator Sessions recorded 
as ``no''.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 1865 
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 ``. . . 
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).''

                          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. 1865 contains no 
intergovernmental mandates as defined in UMRA and would impose 
no costs on state, local, or tribal governments. Further, CBO 
finds that, ``S. 1865 would impose a private-sector mandate, as 
defined in UMRA,'' but ``. . . 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).''

                                                       May 2, 2014.
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. 1865, 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. 1865--Migratory Bird Habitat Investment and Enhancement Act

    Summary: S. 1865 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. 1865 would reduce the 
deficit by $9 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.
    S. 1865 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, S. 1865 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, 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 S. 1865 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     21     21     21     22     22        52        159

                                                               CHANGES IN DIRECT SPENDING

Estimated Budget Authority..................................      *     13     13     13     13     21     21     21     22     22        52        159
Estimated Outlays...........................................      *      8     12     13     13     18     21     21     22     22        47        150

                                                    NET INCREASE OR DECREASE (-) IN THE DEFICIT FROM

                                                         CHANGES IN DIRECT SPENDING AND REVENUES

Impact on the Deficit.......................................      *     -5     -1      0      0     -3      0      0      0      0        -5        -9
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.

    Basis of Estimate: For this estimate, CBO assumes that S. 
1865 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

    S. 1865 would allow DOI to increase the price of federal 
duck stamps, which currently sell for $15 (for an annual 
permit). Over the first five-year period starting in 2014, the 
price would be allowed to rise to $25. In subsequent years, the 
bill would authorize DOI to increase the price up to $30. CBO 
assumes that the price would be set at the maximum authorized 
amount in each year. Based on information provided by DOI, CBO 
estimates that federal revenues would increase by between $13 
million to $22 million annually, amounting to a total increase 
of $159 million over the 2015-2024 period. CBO's estimate 
reflects the fact that increasing the price of duck stamps has 
usually resulted 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 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 spending 
from the MBCF by about $150 million over the 2015-2024 period.
    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. 1865, THE MIGRATORY BIRD HABITAT INVESTMENT AND ENHANCEMENT ACT, AS ORDERED REPORTED BY THE SENATE
                                               COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS FEBRUARY 6, 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     -3      0      0      0        0        -5         -9
Memorandum:
    Changes in Outlays.............................      0      0      8     12     13     13     18     21     21     22       22        47        150
    Changes in Revenues............................      0      0     13     13     13     13     21     21     21     22       22        52        159
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated effect on state, local, and tribal governments: 
S. 1865 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, S. 1865 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 would total between $13 million to $22 
million annually over the 2016-2024 period. (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).
    Estimate prepared by: Federal Costs: Barbara Edwards--
Revenues; Martin von Gnechten--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.
    (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.
    (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.--* * *

           *       *       *       *       *       *       *

    [(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 and\1\ attributable to--
---------------------------------------------------------------------------
    \1\Section 3 of Public Law 99-625 (100 Stat. 3502) and section 
202(3) of Public Law 99-645 (100 Stat. 3586) both amended the first 
sentence of this subsection by inserting ``available for obligation 
and'' before ``attributable to''.
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          [(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\2\ have been obligated for 
        expenditure.]
---------------------------------------------------------------------------
    \2\So in law. The matter following ``such fiscal year'' in 
paragraph (2) probably should end with such phrase followed by a 
semicolon.
---------------------------------------------------------------------------
    (b) Cost of Stamps.--
          (1) In general.--For the 5-calendar-year period 
        beginning with calendar year 2014, 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, provided that the amount shall not exceed $25 
        for the initial 5-calendar-year period and not exceed 
        $30 for [the] any subsequent 5-calendar-year period.
          (2) Collection of amounts.--The United States Postal 
        Service, the Department of the Interior, or any other 
        agent approved by 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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