109TH CONGRESS

1ST SESSION S. 1496

AN ACT

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Electronic Duck Stamp

5 Act of 2005’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) on March 16, 1934, Congress passed and

4 President Roosevelt signed the Act of March 16,

5 1934 (16 U.S.C. 718a et seq.) (popularly known as

6 the ‘‘Duck Stamp Act’’), which requires all migra7 tory waterfowl hunters 16 years of age or older to

8 buy a Federal migratory bird hunting and conserva9 tion stamp annually;

10 (2) the Federal Duck Stamp program has be11 come one of the most popular and successful con12 servation programs ever initiated;

13 (3) because of that program, the United States

14 again is teeming with migratory waterfowl and other

15 wildlife that benefit from wetland habitats;

16 (4) as of the date of enactment of this Act,

17 1,700,000 migratory bird hunting and conservation

18 stamps are sold each year;

19 (5) as of 2003, those stamps have generated

20 more than $600,000,000 in revenue that has been

21 used to preserve more than 5,000,000 acres of mi22 gratory waterfowl habitat in the United States; and

23 (6) many of the more than 540 national wildlife

24 refuges have been paid for wholly or partially with

25 that revenue.
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1 SEC. 3. DEFINITIONS.

2 In this Act:

3 (1) ACTUAL STAMP.—The term ‘‘actual stamp’’

4 means a Federal migratory-bird hunting and con5 servation stamp required under the Act of March

6 16, 1934 (16 U.S.C. 718a et seq.) (popularly known

7 as the ‘‘Duck Stamp Act’’), that is printed on paper

8 and sold through a means in use immediately before

9 the date of enactment of this Act.

10 (2) AUTOMATED LICENSING SYSTEM.—

11 (A) IN GENERAL.—The term ‘‘automated

12 licensing system’’ means an electronic, comput13 erized licensing system used by a State fish and

14 wildlife agency to issue hunting, fishing, and

15 other associated licenses and products.

16 (B) INCLUSION.—The term ‘‘automated li17 censing system’’ includes a point-of-sale, Inter18 net, or telephonic system used for a purpose de19 scribed in subparagraph (A).

20 (3) ELECTRONIC STAMP.—The term ‘‘electronic

21 stamp’’ means an electronic version of an actual

22 stamp that—

23 (A) is a unique identifier for the individual

24 to whom it is issued;

25 (B) can be printed on paper;
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1 (C) is issued through a State automated li2 censing system that is authorized, under State

3 law and by the Secretary under this Act, to

4 issue electronic stamps;

5 (D) is compatible with the hunting licens6 ing system of the State that issues the elec7 tronic stamp; and

8 (E) is described in the State application

9 approved by the Secretary under section 4(b).

10 (4) SECRETARY.—The term ‘‘Secretary’’ means

11 the Secretary of the Interior.

12 SEC. 4. ELECTRONIC DUCK STAMP PILOT PROGRAM.

13 (a) REQUIREMENT TO CONDUCT PROGRAM.—The

14 Secretary shall conduct a 3-year pilot program under

15 which up to 15 States authorized by the Secretary may

16 issue electronic stamps.

17 (b) COMMENCEMENT AND DURATION OF PRO18 GRAM.—The Secretary shall—

19 (1) use all means necessary to expeditiously im20 plement this section by the date that is 1 year after

21 the beginning of the first full Federal migratory wa22 terfowl hunting season after the date of enactment

23 of this Act; and

24 (2) carry out the pilot program for 3 Federal

25 migratory waterfowl hunting seasons.
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1 (c) CONSULTATION.—The Secretary shall carry out

2 the program in consultation with State management agen3 cies.

4 SEC. 5. STATE APPLICATION.

5 (a) APPROVAL OF APPLICATION REQUIRED.—A

6 State may not participate in the pilot program under this

7 Act unless the Secretary has received and approved an ap8 plication submitted by the State in accordance with this

9 section.

10 (b) CONTENTS OF APPLICATION.—The Secretary

11 may not approve a State application unless the application

12 contains—

13 (1) a description of the format of the electronic

14 stamp that the State will issue under the pilot pro15 gram, including identifying features of the licensee

16 that will be specified on the stamp;

17 (2) a description of any fee the State will

18 charge for issuance of an electronic stamp;

19 (3) a description of the process the State will

20 use to account for and transfer to the Secretary the

21 amounts collected by the State that are required to

22 be transferred to the Secretary under the program;

23 (4) the manner by which the State will transmit

24 electronic stamp customer data to the Secretary;
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1 (5) the manner by which actual stamps will be

2 delivered;

3 (6) the policies and procedures under which the

4 State will issue duplicate electronic stamps; and

5 (7) such other policies, procedures, and infor6 mation as may be reasonably required by the Sec7 retary.

8 (c) PUBLICATION OF DEADLINES, ELIGIBILITY RE9 QUIREMENTS, AND SELECTION CRITERIA.—Not later than

10 30 days before the date on which the Secretary begins ac11 cepting applications for participation in the pilot program,

12 the Secretary shall publish—

13 (1) deadlines for submission of applications to

14 participate in the program;

15 (2) eligibility requirements for participation in

16 the program; and

17 (3) criteria for selecting States to participate in

18 the program.

19 SEC. 6. STATE OBLIGATIONS AND AUTHORITIES.

20 (a) DELIVERY OF ACTUAL STAMP.—The Secretary

21 shall require that each individual to whom a State sells

22 an electronic stamp under the pilot program shall receive

23 an actual stamp—

24 (1) by not later than the date on which the

25 electronic stamp expires under section 7(c); and
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1 (2) in a manner agreed upon by the State and

2 Secretary.

3 (b) COLLECTION AND TRANSFER OF ELECTRONIC

4 STAMP REVENUE AND CUSTOMER INFORMATION.—

5 (1) REQUIREMENT TO TRANSMIT.—The Sec6 retary shall require each State participating in the

7 pilot program to collect and submit to the Secretary

8 in accordance with this section—

9 (A) the first name, last name, and com10 plete mailing address of each individual that

11 purchases an electronic stamp from the State;

12 (B) the face value amount of each elec13 tronic stamp sold by the State; and

14 (C) the amount of the Federal portion of

15 any fee required by the agreement for each

16 stamp sold.

17 (2) TIME OF TRANSMITTAL.—The Secretary

18 shall require the submission under paragraph (1) to

19 be made with respect to sales of electronic stamps

20 by a State occurring in a month—

21 (A) by not later than the 15th day of the

22 subsequent month; or

23 (B) as otherwise specified in the applica24 tion of the State approved by the Secretary

25 under section 5.
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1 (3) ADDITIONAL FEES NOT AFFECTED.—This

2 section shall not apply to the State portion of any

3 fee collected by a State under subsection (c).

4 (c) ELECTRONIC STAMP ISSUANCE FEE.—A State

5 participating in the pilot program may charge a reason6 able fee to cover costs incurred by the State and the De7 partment of the Interior in issuing electronic stamps

8 under the program, including costs of delivery of actual

9 stamps.

10 (d) DUPLICATE ELECTRONIC STAMPS.—A State par11 ticipating in the pilot program may issue a duplicate elec12 tronic stamp to replace an electronic stamp issued by the

13 State that is lost or damaged.

14 (e) LIMITATION ON AUTHORITY TO REQUIRE PUR15 CHASE OF STATE LICENSE.—A State may not require

16 that an individual purchase a State hunting license as a

17 condition of issuing an electronic stamp under the pilot

18 program.

19 SEC. 7. ELECTRONIC STAMP REQUIREMENTS; RECOGNI20 TION OF ELECTRONIC STAMP.

21 (a) STAMP REQUIREMENTS.—The Secretary shall re22 quire an electronic stamp issued by a State under the pilot

23 program—
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1 (1) to have the same format as any other li2 cense, validation, or privilege the State issues under

3 the automated licensing system of the State; and

4 (2) to specify identifying features of the licensee

5 that are adequate to enable Federal, State, and

6 other law enforcement officers to identify the holder.

7 (b) RECOGNITION OF ELECTRONIC STAMP.—Any

8 electronic stamp issued by a State under the pilot program

9 shall, during the effective period of the electronic stamp—

10 (1) bestow upon the licensee the same privileges

11 as are bestowed by an actual stamp;

12 (2) be recognized nationally as a valid Federal

13 migratory bird hunting and conservation stamp; and

14 (3) authorize the licensee to hunt migratory wa15 terfowl in any other State, in accordance with the

16 laws of the other State governing that hunting.

17 (c) DURATION.—An electronic stamp issued by a

18 State under the pilot program shall be valid for a period

19 agreed to by the State and the Secretary, which shall not

20 exceed 45 days.

21 SEC. 8. TERMINATION OF STATE PARTICIPATION.

22 Participation by a State in the pilot program may be

23 terminated—

24 (1) by the Secretary, if the Secretary—
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1 (A) finds that the State has violated any of

2 the terms of the application of the State ap3 proved by the Secretary under section 5; and

4 (B) provides to the State written notice of

5 the termination by not later than the date that

6 is 30 days before the date of termination; or

7 (2) by the State, by providing written notice to

8 the Secretary by not later than the date that is 30

9 days before the termination date.

10 SEC. 9. EVALUATION.

11 (a) EVALUATION.—The Secretary, in consultation

12 with State fish and wildlife management agencies and ap13 propriate stakeholders with expertise specific to the duck

14 stamp program, shall evaluate the pilot program and de15 termine whether the pilot program has provided a cost16 effective and convenient means for issuing migratory-bird

17 hunting and conservation stamps, including whether the

18 program has—

19 (1) increased the availability of those stamps;

20 (2) assisted States in meeting the customer

21 service objectives of the States with respect to those

22 stamps;

23 (3) maintained actual stamps as an effective

24 and viable conservation tool; and
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1 (4) maintained adequate retail availability of

2 the actual stamp.

3 (b) REPORT.—The Secretary shall submit to Con4 gress a report on the findings of the Secretary under sub5 section (a).

6 SEC. 10. TECHNICAL CORRECTIONS.

7 (a) PROHIBITION ON TAKING.—The first section of

8 the Act of March 16, 1934 (16 U.S.C. 718a) is amended

9 by striking ‘‘That no person who has attained the age of

10 sixteen years’’ and all that follows through the end of the

11 section and inserting the following:

12 ‘‘SECTION 1. PROHIBITION ON TAKING.

13 ‘‘(a) PROHIBITION.—

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), no individual who has attained the age of

16 16 years shall take any migratory waterfowl unless,

17 at the time of the taking, the individual carries on

18 the person of the individual a valid Migratory Bird

19 Hunting and Conservation Stamp, validated by the

20 signature of the individual written in ink across the

21 face of the stamp prior to the time of the taking by

22 the individual of the waterfowl.

23 ‘‘(2) EXCEPTION.—No stamp described in para24 graph (1) shall be required for the taking of migra25 tory waterfowl—
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1 ‘‘(A) by Federal or State agencies;

2 ‘‘(B) for propagation; or

3 ‘‘(C) by the resident owner, tenant, or

4 sharecropper of the property, or officially des5 ignated agencies of the Department of the Inte6 rior, for the killing, under such restrictions as

7 the Secretary may by regulation prescribe, of

8 such waterfowl when found damaging crops or

9 other property.

10 ‘‘(b) DISPLAY OF STAMP.—Any individual to whom

11 a stamp has been sold under this Act shall, upon request,

12 display the stamp for inspection to—

13 ‘‘(1) any officer or employee of the Department

14 of the Interior who is authorized to enforce this Act;

15 or

16 ‘‘(2) any officer of any State or political sub17 division of a State authorized to enforce State game

18 laws.

19 ‘‘(c) OTHER LICENSES.—Nothing in this section re20 quires any individual to affix the Migratory Bird Hunting

21 and Conservation Stamp to any other license prior to tak22 ing 1 or more migratory waterfowl.’’.

23 (b) SALES; FUND DISPOSITION; UNSOLD STAMPS.—

24 Section 2 of the Act of March 16, 1934 (16 U.S.C. 718b)

25 is amended by striking ‘‘SEC. 2.’’ and all that follows
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1 through the end of subsection (a) and inserting the fol2 lowing:

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

4 ‘‘(a) SALES.—

5 ‘‘(1) IN GENERAL.—The stamps required under

6 section 1 shall be sold by the Postal Service and may

7 be sold by the Department of the Interior, pursuant

8 to regulations promulgated jointly by the Postal

9 Service and the Secretary, at—

10 ‘‘(A) any post office; and

11 ‘‘(B) such other establishments, facilities,

12 or locations as the Postal Service or the Sec13 retary (or a designee) may direct or authorize.

14 ‘‘(2) PROCEEDS.—The funds received from the

15 sale of stamps under this Act by the Department of

16 the Interior shall be deposited in the Migratory Bird

17 Conservation Fund in accordance with section 4.

18 ‘‘(3) MINIMUM AND MAXIMUM VALUES.—Ex19 cept as provided in subsection (b), the Postal Service

20 shall collect the full face value of each stamp sold

21 under this section for the applicable hunting year.

22 ‘‘(4) VALIDITY.—No stamp sold under this Act

23 shall be valid under any circumstances to authorize

24 the taking of migratory waterfowl except—
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1 ‘‘(A) in compliance with Federal and State

2 laws (including regulations);

3 ‘‘(B) on the condition that the individual

4 so taking the waterfowl wrote the signature of

5 the individual in ink across the face of the

6 stamp prior to the taking; and

7 ‘‘(C) during the hunting year for which the

8 stamp was issued.

9 ‘‘(5) UNUSED STAMPS.—

10 ‘‘(A) DEFINITION OF RETAIL DEALER.—In

11 this paragraph, the term ‘retail dealer’ means—

12 ‘‘(i) any individual or entity that is

13 regularly engaged in the business of retail14 ing hunting or fishing equipment; and

15 ‘‘(ii) any individual or entity duly au16 thorized to act as an agent of a State or

17 political subdivision of a State for the sale

18 of State or county hunting or fishing li19 censes.

20 ‘‘(B) REDEMPTION OF UNUSED STAMPS.—

21 The Department of the Interior, pursuant to

22 regulations promulgated by the Secretary, shall

23 provide for the redemption, on or before the

24 30th day of June of each year, of unused
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1 stamps issued for the year under this Act

2 that—

3 ‘‘(i) were sold on consignment to any

4 person authorized by the Secretary to sell

5 stamps on consignment (including retail

6 dealers for resale to customers); and

7 ‘‘(ii) have not been resold by any such

8 person.

9 ‘‘(6) PROHIBITION ON CERTAIN STAMP

10 SALES.—The Postal Service shall not—

11 ‘‘(A) sell on consignment any stamps

12 issued under this Act to any individual, busi13 ness, or organization; or

14 ‘‘(B) redeem stamps issued under this Act

15 that are sold on consignment by the Secretary

16 (or any agent of the Secretary).’’.

17 (c) COST OF STAMPS.—Section 2(b) of the Act of

18 March 16, 1934 (16 U.S.C. 718b(b)) is amended—

19 (1) by striking ‘‘(b) The’’ and inserting the fol20 lowing:

21 ‘‘(b) COST OF STAMPS.—The’’;

22 (2) by striking ‘‘Secretary of the Interior’’ and

23 inserting ‘‘Secretary’’;
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1 (3) by striking ‘‘migratory bird conservation

2 fund’’ and inserting ‘‘Migratory Bird Conservation

3 Fund’’; and

4 (4) in paragraph (2), by striking ‘‘For pur5 poses’’ and all that follows through ‘‘of any such

6 year.’’.

7 (d) AUTHORIZATION AND EXEMPTION.—Section 3 of

8 the Act of March 16, 1934 (16 U.S.C. 718c) is amended

9 by striking ‘‘SEC. 3. Nothing’’ and inserting the following:

10 ‘‘SEC. 3. AUTHORIZATION AND EXEMPTION.

11 ‘‘Nothing’’.

12 (e) EXPENDITURE OF FUNDS.—Section 4 of the Act

13 of March 16, 1934 (16 U.S.C. 718d) is amended—

14 (1) by redesignating subsections (a) through (c)

15 as paragraphs (1) through (3), respectively, and in16 denting appropriately;

17 (2) by striking ‘‘SEC. 4. All moneys’’ and all

18 that follows through ‘‘expended:’’ and inserting the

19 following:

20 ‘‘SEC. 4. EXPENDITURE OF FUNDS.

21 ‘‘(a) IN GENERAL.—All funds received for stamps

22 sold under this Act shall be—

23 ‘‘(1) accounted for by the Postal Service or the

24 Secretary, as appropriate;
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1 ‘‘(2) paid into the Treasury of the United

2 States; and

3 ‘‘(3) reserved and set aside as a special fund,

4 to be known as the ‘Migratory Bird Conservation

5 Fund’ (referred to in this section as the ‘fund’), to

6 be administered by the Secretary.

7 ‘‘(b) USE OF FUNDS.—All funds received into the

8 fund are appropriated for the following purposes, to re9 main available until expended:’’;

10 (3) in subsection (b)(1) (as redesignated by

11 paragraphs (1) and (2))—

12 (A) by striking ‘‘(1) So much’’ and all that

13 follows through ‘‘for engraving’’ and inserting

14 the following:

15 ‘‘(1) ADVANCE ALLOTMENTS.—So much as may

16 be necessary shall be used by the Secretary for en17 graving’’;

18 (B) by striking ‘‘migratory bird hunting

19 stamps’’ and inserting ‘‘Migratory Bird Hunt20 ing and Conservation Stamps’’;

21 (C) by striking ‘‘personal’’ and inserting

22 ‘‘personnel’’; and

23 (D) by striking ‘‘postal service’’ and insert24 ing ‘‘Postal Service’’;

25 (4) in subsection (b)(2) (as so redesignated)—
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1 (A) by striking ‘‘(2) Except as provided in

2 subsections (c) and (d) of this section’’ and in3 serting the following:

4 ‘‘(2) AREAS FOR REFUGES.—Except as pro5 vided in paragraph (3) and subsection (c)’’; and

6 (B) by inserting ‘‘(16 U.S.C. 715 et seq.)’’

7 after ‘‘Conservation Act’’;

8 (5) in subsection (b)(3) (as so redesignated)—

9 (A) by striking ‘‘(3) The Secretary of the

10 Interior is authorized to utilize funds made

11 available under subsection (b) of this section for

12 the purposes of such subsection, and such other

13 funds as may be appropriated for the purposes

14 of such subsection, or of this subsection,’’ and

15 inserting the following:

16 ‘‘(3) CONDITIONS ON USE OF FUNDS.—The

17 Secretary may use funds made available under para18 graph (2) for the purposes of that paragraph, and

19 such other funds as may be appropriated for the

20 purposes of that paragraph or this paragraph,’’; and

21 (B) in the second sentence—

22 (i) by inserting ‘‘(16 U.S.C. 715 et

23 seq.)’’ after ‘‘Conservation Act’’; and

24 (ii) by striking ‘‘this subsection’’ and

25 inserting ‘‘this paragraph’’;
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1 (6) by redesignating subsection (d) as sub2 section (c); and

3 (7) in subsection (c) (as so redesignated)—

4 (A) in paragraph (1)—

5 (i) by striking ‘‘(1) The Secretary of

6 the Interior may utilize’’ and inserting the

7 following:

8 ‘‘(1) IN GENERAL.—The Secretary may use’’;

9 and

10 (ii) by striking ‘‘migratory bird hunt11 ing and conservation stamps’’ and insert12 ing ‘‘Migratory Bird Hunting and Con13 servation Stamps’’; and

14 (B) in paragraph (2), by striking ‘‘(2) The

15 Secretary of the Interior’’ and inserting the fol16 lowing:

17 ‘‘(2) COMPONENTS OF REPORT.—The Sec18 retary’’.

19 (f) LOANS AND TRANSFERS, ALTERATION, AND RE20 PRODUCTION OF STAMPS.—Section 5 of the Act of March

21 16, 1934 (16 U.S.C. 718e) is amended—

22 (1) by striking ‘‘SEC. 5. (a) That no person to

23 whom has been sold a migratory-bird hunting

24 stamp,’’ and inserting the following:
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1 ‘‘SEC. 5. LOANS AND TRANSFERS, ALTERATION, AND RE2 PRODUCTION OF STAMPS.

3 ‘‘(a) IN GENERAL.—No person to whom has been

4 sold a Migratory Bird Hunting and Conservation Stamp,’’;

5 (2) in subsection (b), by striking ‘‘(b)’’ and all

6 that follows through ‘‘shall alter’’ and inserting the

7 following:

8 ‘‘(b) ALTERATION.—Except as provided in clauses (i)

9 and (ii) of section 504(l)(D) of title 18, United States

10 Code, no person shall alter’’;

11 (3) in subsection (c)—

12 (A) by striking ‘‘(c) Notwithstanding’’ and

13 inserting the following:

14 ‘‘(c) REPRODUCTION.—Notwithstanding’’;

15 (B) by striking ‘‘Secretary of the Interior’’

16 each place it appears and inserting ‘‘Secretary’’;

17 and

18 (C) in the matter following paragraph

19 (2)—

20 (i) by striking ‘‘migratory bird hunt21 ing stamps’’ and inserting ‘‘Migratory Bird

22 Hunting and Conservation Stamps’’; and

23 (ii) by striking ‘‘shall be paid into the

24 migratory bird conservation fund’’ and in25 serting ‘‘shall be paid, after deducting ex-
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1 penses for marketing, into the Migratory

2 Bird Conservation Fund’’.

3 (g) ENFORCEMENT.—Section 6 of the Act of March

4 16, 1934 (16 U.S.C. 718f) is amended—

5 (1) by striking ‘‘SEC. 6. For the efficient’’ and

6 inserting the following:

7 ‘‘SEC. 6. ENFORCEMENT.

8 ‘‘For the efficient’’; and

9 (2) in the first sentence—

10 (A) by striking ‘‘Secretary of Agriculture’’

11 and inserting ‘‘Secretary’’;

12 (B) by striking ‘‘Department of Agri13 culture’’ and inserting ‘‘Department of the In14 terior’’; and

15 (C) by inserting ‘‘(16 U.S.C. 703 et seq.)’’

16 after ‘‘Treaty Act’’.

17 (h) VIOLATIONS; COOPERATION; USE OF CONTEST

18 FEES; DEFINITIONS; SHORT TITLE.—The Act of March

19 16, 1934 is amended by striking sections 7 through 10

20 (16 U.S.C. 718g–718j) and inserting the following:

21 ‘‘SEC. 7. VIOLATIONS.

22 ‘‘Any person that violates or fails to comply with any

23 provision of this Act (including a regulation promulgated

24 under this Act) shall be subject to the penalties described
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1 in section 6 of the Migratory Bird Treaty Act (16 U.S.C.

2 707).

3 ‘‘SEC. 8. COOPERATION.

4 ‘‘The Secretary is authorized to cooperate with the

5 States and the territories and possessions of the United

6 States in the enforcement of this Act.

7 ‘‘SEC. 9. USE OF CONTEST FEES.

8 ‘‘Notwithstanding any other provision of law, funds

9 received by the United States Fish and Wildlife Service

10 in the form of fees for entering any Migratory Bird Hunt11 ing and Conservation Stamp contest shall be credited—

12 ‘‘(1) first, to the appropriation account from

13 which expenditures for the administration of the

14 contest are made; and

15 ‘‘(2) second, to the extent any funds remain, to

16 the Migratory Bird Conservation Fund.

17 ‘‘SEC. 10. DEFINITIONS.

18 ‘‘(a) IN GENERAL.—In this Act, the terms defined

19 in the Migratory Bird Conservation Act (16 U.S.C. 715

20 et seq.) and the Migratory Bird Treaty Act (16 U.S.C.

21 703 et seq.) have the meanings given those terms in those

22 Acts.

23 ‘‘(b) OTHER DEFINITIONS.—In this Act:
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1 ‘‘(1) HUNTING YEAR.—The term ‘hunting year’

2 means the 1-year period beginning on July 1 of each

3 year.

4 ‘‘(2) MIGRATORY WATERFOWL.—The term ‘mi5 gratory waterfowl’ means the species enumerated in

6 paragraph (a) of subdivision 1 of article I of the

7 Convention between the United States and Great

8 Britain for the Protection of Migratory Birds, signed

9 at Washington on August 16, 1916 (USTS 628) (16

10 U.S.C. 703 et seq.).

11 ‘‘(3) SECRETARY.—The term ‘Secretary’ means

12 the Secretary of the Interior.

13 ‘‘(4) STATE.—The term ‘State’ means—

14 ‘‘(A) a State;

15 ‘‘(B) the District of Columbia;

16 ‘‘(C) the Commonwealth of Puerto Rico;

17 ‘‘(D) Guam;

18 ‘‘(E) American Samoa;

19 ‘‘(F) the Commonwealth of the Northern

20 Mariana Islands;

21 ‘‘(G) the Federated States of Micronesia;

22 ‘‘(H) the Republic of the Marshall Islands;

23 ‘‘(I) the Republic of Palau; and

24 ‘‘(J) the United States Virgin Islands.

25 ‘‘(5) TAKE.—The term ‘take’ means—
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1 ‘‘(A) to pursue, hunt, shoot, capture, col2 lect, or kill; or

3 ‘‘(B) to attempt to pursue, hunt, shoot,

4 capture, collect, or kill.

5 ‘‘SEC. 11. SHORT TITLE.

6 ‘‘This Act may be cited as the ‘Migratory Bird Hunt7 ing and Conservation Stamp Act’.’’.

8 (i) DISPOSITION OF UNSOLD STAMPS.—Section 3 of

9 the Act of July 30, 1956 (Public Law 84–838; 70 Stat.

10 722), is amended—

11 (1) by redesignating subsections (b) and (c) as

12 subsections (c) and (d), respectively; and

13 (2) in subsection (a) (16 U.S.C. 718b–1)—

14 (A) by striking ‘‘SEC. 3. (a) Hereafter’’

15 and all that follows through the end of the first

16 sentence and inserting the following:

17 ‘‘SEC. 3. DISPOSITION OF UNSOLD STAMPS.

18 ‘‘(a) DISPOSITION OF UNSOLD STAMPS.—A Migra19 tory Bird Hunting and Conservation Stamp shall be trans20 ferred to the Postal Service or the Secretary of the Inte21 rior (or a designee) for sale to a collector if the stamp—

22 ‘‘(1) has not been sold by the end of the hunt23 ing year (as that term is defined in section 10 of the

24 Migratory Bird Hunting and Conservation Stamp

25 Act) during which the stamp is issued; and
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1 ‘‘(2) as determined by the Postal Service or the

2 Secretary of the Interior—

3 ‘‘(A) is appropriate to supply a market for

4 sale to collectors; and

5 ‘‘(B) is in suitable condition for sale to a

6 collector.’’; and

7 (B) by striking the second sentence and in8 serting the following:

9 ‘‘(b) SURPLUS STOCK.—The Postal Service or the

10 Secretary of the Interior may destroy any surplus stock

11 of Migratory Bird Hunting and Conservation Stamps at

12 such time and in such manner as the Postal Service or

13 the Secretary of the Interior determines to be appro14 priate.’’.

Passed the Senate December 16, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 1496

AN ACT

To direct the Secretary of the Interior to conduct

hunting stamps.may issue electronic Federal migratory birda pilot program under which up to 15 States