II 

Calendar No. 305 

109TH CONGRESS 

1ST SESSION S. 1496 

[Report No. 109–187] 

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. 

IN THE SENATE OF THE UNITED STATES 

JULY 26, 2005 

Mr. CRAPO (for himself, Mrs. LINCOLN, Mr. LOTT, Mr. NELSON of Nebraska, 

Ms. SNOWE, Mr. OBAMA, Mr. INHOFE, Mr. MARTINEZ, Mr. JEFFORDS, 

Ms. MURKOWSKI, Mr. CHAFEE, Mr. ALLEN, Mr. COCHRAN, Ms. 

STABENOW, Mr. CRAIG, Mr. ENZI, Mr. BURNS, Mr. COLEMAN, Mr. STEVENS, Mr. BAUCUS, Mr. BURR, and Mr. THUNE) introduced the following 

bill; which was read twice and referred to the Committee on Environment 

and Public Works 

DECEMBER 8, 2005 

Reported under authority of the order of the Senate of November 18, 2005, 

by Mr. INHOFE, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

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, 
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•S 1496 RS

1 SECTION 1. SHORT TITLE. 

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

3 Act of 2005’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

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

7 President Roosevelt signed the Act of March 16, 

8 1934 (16 U.S.C. 718a et seq.) (popularly known as 

9 the ‘‘Duck Stamp Act’’), which requires all migra10 tory waterfowl hunters 16 years of age or older to 

11 buy a Federal migratory bird hunting and conserva12 tion stamp annually; 

13 (2) the Federal Duck Stamp program has be14 come one of the most popular and successful con15 servation programs ever initiated; 

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

17 again is teeming with migratory waterfowl and other 

18 wildlife that benefit from wetland habitats; 

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

20 1,700,000 migratory bird hunting and conservation 

21 stamps are sold each year; 

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

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

24 used to preserve more than 5,000,000 acres of mi25 gratory waterfowl habitat in the United States; and 
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1 (6) many of the more than 540 national wildlife 

2 refuges have been paid for wholly or partially with 

3 that revenue. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

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

7 means a Federal migratory-bird hunting and con8 servation stamp required under the Act of March 

9 16, 1934 (16 U.S.C. 718a et seq.) (popularly known 

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

11 and sold through a means in use immediately before 

12 the date of enactment of this Act. 

13 (2) AUTOMATED LICENSING SYSTEM.— 

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

15 licensing system’’ means an electronic, comput16 erized licensing system used by a State fish and 

17 wildlife agency to issue hunting, fishing, and 

18 other associated licenses and products. 

19 (B) INCLUSION.—The term ‘‘automated li20 censing system’’ includes a point-of-sale, Inter21 net, or telephonic system used for a purpose de22 scribed in subparagraph (A). 

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

24 stamp’’ means an electronic version of an actual 

25 stamp that— 
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1 (A) is a unique identifier for the individual 

2 to whom it is issued; 

3 (B) can be printed on paper; 

4 (C) is issued through a State automated li5 censing system that is authorized, under State 

6 law and by the Secretary under this Act, to 

7 issue electronic stamps; 

8 (D) is compatible with the hunting licens9 ing system of the State that issues the elec10 tronic stamp; and 

11 (E) is described in the State application 

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

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

14 the Secretary of the Interior. 

15 SEC. 4. ELECTRONIC DUCK STAMP PILOT PROGRAM. 

16 (a) REQUIREMENT TO CONDUCT PROGRAM.—The 

17 Secretary shall conduct a 3-year pilot program under 

18 which up to 15 States authorized by the Secretary may 

19 issue electronic stamps. 

20 (b) COMMENCEMENT AND DURATION OF PRO21 GRAM.—The Secretary shall— 

22 (1) use all means necessary to expeditiously im23 plement this section by the date that is 1 year after 

24 the beginning of the first full Federal migratory wa-
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•S 1496 RS

1 terfowl hunting season after the date of enactment 

2 of this Act; and 

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

4 migratory waterfowl hunting seasons. 

5 (c) CONSULTATION.—The Secretary shall carry out 

6 the program in consultation with State management agen7 cies. 

8 SEC. 5. STATE APPLICATION. 

9 (a) APPROVAL OF APPLICATION REQUIRED.—A 

10 State may not participate in the pilot program under this 

11 Act unless the Secretary has received and approved an ap12 plication submitted by the State in accordance with this 

13 section. 

14 (b) CONTENTS OF APPLICATION.—The Secretary 

15 may not approve a State application unless the application 

16 contains— 

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

18 stamp that the State will issue under the pilot pro19 gram, including identifying features of the licensee 

20 that will be specified on the stamp; 

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

22 charge for issuance of an electronic stamp; 

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

24 use to account for and transfer to the Secretary the 
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•S 1496 RS

1 amounts collected by the State that are required to 

2 be transferred to the Secretary under the program; 

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

4 electronic stamp customer data to the Secretary; 

5 (5) the manner by which actual stamps will be 

6 delivered; 

7 (6) the policies and procedures under which the 

8 State will issue duplicate electronic stamps; and 

9 (7) such other policies, procedures, and infor10 mation as may be reasonably required by the Sec11 retary. 

12 (c) PUBLICATION OF DEADLINES, ELIGIBILITY RE13 QUIREMENTS, AND SELECTION CRITERIA.—Not later than 

14 30 days before the date on which the Secretary begins ac15 cepting applications for participation in the pilot program, 

16 the Secretary shall publish— 

17 (1) deadlines for submission of applications to 

18 participate in the program; 

19 (2) eligibility requirements for participation in 

20 the program; and 

21 (3) criteria for selecting States to participate in 

22 the program. 

23 SEC. 6. STATE OBLIGATIONS AND AUTHORITIES. 

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

25 shall require that each individual to whom a State sells 
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1 an electronic stamp under the pilot program shall receive 

2 an actual stamp— 

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

4 electronic stamp expires under section 7(c); and 

5 (2) in a manner agreed upon by the State and 

6 Secretary. 

7 (b) COLLECTION AND TRANSFER OF ELECTRONIC

8 STAMP REVENUE AND CUSTOMER INFORMATION.— 

9 (1) REQUIREMENT TO TRANSMIT.—The Sec10 retary shall require each State participating in the 

11 pilot program to collect and submit to the Secretary 

12 in accordance with this section— 

13 (A) the first name, last name, and com14 plete mailing address of each individual that 

15 purchases an electronic stamp from the State; 

16 (B) the face value amount of each elec17 tronic stamp sold by the State; and 

18 (C) the amount of the Federal portion of 

19 any fee required by the agreement for each 

20 stamp sold. 

21 (2) TIME OF TRANSMITTAL.—The Secretary 

22 shall require the submission under paragraph (1) to 

23 be made with respect to sales of electronic stamps 

24 by a State occurring in a month— 
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1 (A) by not later than the 15th day of the 

2 subsequent month; or 

3 (B) as otherwise specified in the applica4 tion of the State approved by the Secretary 

5 under section 5. 

6 (3) ADDITIONAL FEES NOT AFFECTED.—This 

7 section shall not apply to the State portion of any 

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

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

10 participating in the pilot program may charge a reason11 able fee to cover costs incurred by the State and the De12 partment of the Interior in issuing electronic stamps 

13 under the program, including costs of delivery of actual 

14 stamps. 

15 (d) DUPLICATE ELECTRONIC STAMPS.—A State par16 ticipating in the pilot program may issue a duplicate elec17 tronic stamp to replace an electronic stamp issued by the 

18 State that is lost or damaged. 

19 (e) LIMITATION ON AUTHORITY TO REQUIRE PUR20 CHASE OF STATE LICENSE.—A State may not require 

21 that an individual purchase a State hunting license as a 

22 condition of issuing an electronic stamp under the pilot 

23 program. 
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1 SEC. 7. ELECTRONIC STAMP REQUIREMENTS; RECOGNI2 TION OF ELECTRONIC STAMP. 

3 (a) STAMP REQUIREMENTS.—The Secretary shall re4 quire an electronic stamp issued by a State under the pilot 

5 program— 

6 (1) to have the same format as any other li7 cense, validation, or privilege the State issues under 

8 the automated licensing system of the State; and 

9 (2) to specify identifying features of the licensee 

10 that are adequate to enable Federal, State, and 

11 other law enforcement officers to identify the holder. 

12 (b) RECOGNITION OF ELECTRONIC STAMP.—Any 

13 electronic stamp issued by a State under the pilot program 

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

15 (1) bestow upon the licensee the same privileges 

16 as are bestowed by an actual stamp; 

17 (2) be recognized nationally as a valid Federal 

18 migratory bird hunting and conservation stamp; and 

19 (3) authorize the licensee to hunt migratory wa20 terfowl in any other State, in accordance with the 

21 laws of the other State governing that hunting. 

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

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

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

25 exceed 45 days. 
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1 SEC. 8. TERMINATION OF STATE PARTICIPATION. 

2 Participation by a State in the pilot program may be 

3 terminated— 

4 (1) by the Secretary, if the Secretary— 

5 (A) finds that the State has violated any of 

6 the terms of the application of the State ap7 proved by the Secretary under section 5; and 

8 (B) provides to the State written notice of 

9 the termination by not later than the date that 

10 is 30 days before the date of termination; or 

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

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

13 days before the termination date. 

14 SEC. 9. EVALUATION. 

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

16 with State fish and wildlife management agencies and ap17 propriate stakeholders with expertise specific to the duck 

18 stamp program, shall evaluate the pilot program and de19 termine whether the pilot program has provided a cost20 effective and convenient means for issuing migratory-bird 

21 hunting and conservation stamps, including whether the 

22 program has— 

23 (1) increased the availability of those stamps; 

24 (2) assisted States in meeting the customer 

25 service objectives of the States with respect to those 

26 stamps; 
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1 (3) maintained actual stamps as an effective 

2 and viable conservation tool; and 

3 (4) maintained adequate retail availability of 

4 the traditional paper actual stamp. 

5 (b) REPORT.—The Secretary shall submit to Con6 gress a report on the findings of the Secretary under sub7 section (a). 

8 SEC. 10. TECHNICAL CORRECTIONS. 

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

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

11 striking ‘‘That no person who has attained the age of sixteen 

12 years’’ and all that follows through the end of the section 

13 and inserting the following: 

14 ‘‘SECTION 1. PROHIBITION ON TAKING. 

15 ‘‘(a) PROHIBITION.— 

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), no individual who has attained the age of 

18 16 years shall take any migratory waterfowl unless, 

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

20 person of the individual a valid Migratory Bird 

21 Hunting and Conservation Stamp, validated by the 

22 signature of the individual written in ink across the 

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

24 the individual of the waterfowl. 
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1 ‘‘(2) EXCEPTION.—No stamp described in para2 graph (1) shall be required for the taking of migra3 tory waterfowl— 

4 ‘‘(A) by Federal or State agencies; 

5 ‘‘(B) for propagation; or 

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

7 sharecropper of the property, or officially des8 ignated agencies of the Department of the Inte9 rior, for the killing, under such restrictions as 

10 the Secretary may by regulation prescribe, of 

11 such waterfowl when found damaging crops or 

12 other property. 

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

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

15 display the stamp for inspection to— 

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

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

18 or 

19 ‘‘(2) any officer of any State or political subdivi20 sion of a State authorized to enforce State game laws. 

21 ‘‘(c) OTHER LICENSES.—Nothing in this section re22 quires any individual to affix the Migratory Bird Hunting 

23 and Conservation Stamp to any other license prior to tak24 ing 1 or more migratory waterfowl.’’. 
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1 (b) SALES; FUND DISPOSITION; UNSOLD STAMPS.— 

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

3 is amended by striking ‘‘SEC. 2.’’ and all that follows 

4 through the end of subsection (a) and inserting the fol5 lowing: 

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

7 ‘‘(a) SALES.— 

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

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

10 be sold by the Department of the Interior, pursuant 

11 to regulations promulgated jointly by the Postal Serv12 ice and the Secretary, at— 

13 ‘‘(A) any post office; and 

14 ‘‘(B) such other establishments, facilities, or 

15 locations as the Postal Service or the Secretary 

16 (or a designee) may direct or authorize. 

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

18 sale of stamps under this Act by the Department of 

19 the Interior shall be deposited in the Migratory Bird 

20 Conservation Fund in accordance with section 4. 

21 ‘‘(3) MINIMUM AND MAXIMUM VALUES.—Except 

22 as provided in subsection (b), the Postal Service shall 

23 collect the full face value of each stamp sold under 

24 this section for the applicable hunting year. 
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1 ‘‘(4) VALIDITY.—No stamp sold under this Act 

2 shall be valid under any circumstances to authorize 

3 the taking of migratory waterfowl except— 

4 ‘‘(A) in compliance with Federal and State 

5 laws (including regulations); 

6 ‘‘(B) on the condition that the individual so 

7 taking the waterfowl wrote the signature of the 

8 individual in ink across the face of the stamp 

9 prior to the taking; and 

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

11 stamp was issued. 

12 ‘‘(5) UNUSED STAMPS.— 

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

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

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

16 regularly engaged in the business of retail17 ing hunting or fishing equipment; and 

18 ‘‘(ii) any individual or entity duly au19 thorized to act as an agent of a State or po20 litical subdivision of a State for the sale of 

21 State or county hunting or fishing licenses. 

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

23 The Department of the Interior, pursuant to reg24 ulations promulgated by the Secretary, shall pro25 vide for the redemption, on or before the 30th 
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1 day of June of each year, of unused stamps 

2 issued for the year under this Act 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 SALES.— 

10 The Postal Service shall not— 

11 ‘‘(A) sell on consignment any stamps issued 

12 under this Act to any individual, business, or or13 ganization; 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 purposes’’ 

5 and all that follows through ‘‘of any such year.’’. 

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

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

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

9 ‘‘SEC. 3. AUTHORIZATION AND EXEMPTION. 

10 ‘‘Nothing’’. 

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

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

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

14 as paragraphs (1) through (3), respectively, and in15 denting appropriately; 

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

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

18 following: 

19 ‘‘SEC. 4. EXPENDITURE OF FUNDS. 

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

21 under this Act shall be— 

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

23 Secretary, as appropriate; 

24 ‘‘(2) paid into the Treasury of the United States; 

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

2 be known as the ‘Migratory Bird Conservation Fund’ 

3 (referred to in this section as the ‘fund’), to be admin4 istered by the Secretary. 

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

6 are appropriated for the following purposes, to remain 

7 available until expended:’’; 

8 (3) in subsection (b)(1) (as redesignated by para9 graphs (1) and (2))— 

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

11 follows through ‘‘for engraving’’ and inserting 

12 the following: 

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

14 be necessary shall be used by the Secretary for engrav15 ing’’; 

16 (B) by striking ‘‘migratory bird hunting 

17 stamps’’ and inserting ‘‘Migratory Bird Hunting 

18 and Conservation Stamps’’; 

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

20 ‘‘personnel’’; and 

21 (D) by striking ‘‘postal service’’ and insert22 ing ‘‘Postal Service’’; 

23 (4) in subsection (b)(2) (as so redesignated)— 
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•S 1496 RS

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 provided 

5 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 in15 serting the following: 

16 ‘‘(3) CONDITIONS ON USE OF FUNDS.—The Sec17 retary 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 pur20 poses 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 subsection 

2 (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 inserting 

12 ‘‘Migratory Bird Hunting and Conserva13 tion 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 Secretary’’. 

18 (f) LOANS AND TRANSFERS, ALTERATION, AND REPRO19 DUCTION OF STAMPS.—Section 5 of the Act of March 16, 

20 1934 (16 U.S.C. 718e) is amended— 

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

22 whom has been sold a migratory-bird hunting 

23 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 sold 

4 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 Code, 

10 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 16, 

4 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 Inte14 rior’’; 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 16, 

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

20 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 
22 

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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 re9 ceived by the United States Fish and Wildlife Service in 

10 the form of fees for entering any Migratory Bird Hunting 

11 and Conservation Stamp contest shall be credited— 

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

13 which expenditures for the administration of the con14 test 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 in 

19 the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.) 

20 and the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) 

21 have the meanings given those terms in those Acts. 

22 ‘‘(b) OTHER DEFINITIONS.—In this Act: 

23 ‘‘(1) HUNTING YEAR.—The term ‘hunting year’ 

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

25 year. 
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1 ‘‘(2) MIGRATORY WATERFOWL.—The term ‘mi2 gratory waterfowl’ means the species enumerated in 

3 paragraph (a) of subdivision 1 of article I of the Con4 vention between the United States and Great Britain 

5 for the Protection of Migratory Birds, signed at 

6 Washington on August 16, 1916 (USTS 628) (16 

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

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

9 the Secretary of the Interior. 

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

11 ‘‘(A) a State; 

12 ‘‘(B) the District of Columbia; 

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

14 ‘‘(D) Guam; 

15 ‘‘(E) American Samoa; 

16 ‘‘(F) the Commonwealth of the Northern 

17 Mariana Islands; 

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

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

20 ‘‘(I) the Republic of Palau; and 

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

22 ‘‘(5) TAKE.—The term ‘take’ means— 

23 ‘‘(A) to pursue, hunt, shoot, capture, collect, 

24 or kill; or 
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1 ‘‘(B) to attempt to pursue, hunt, shoot, cap2 ture, collect, or kill. 

3 ‘‘SEC. 11. SHORT TITLE. 

4 ‘‘This Act may be cited as the ‘Migratory Bird Hunt5 ing and Conservation Stamp Act’.’’. 

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

7 the Act of July 30, 1956 (Public Law 84–838; 70 Stat. 722), 

8 is amended— 

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

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

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

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

13 all that follows through the end of the first sen14 tence and inserting the following: 

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

16 ‘‘(a) DISPOSITION OF UNSOLD STAMPS.—A Migratory 

17 Bird Hunting and Conservation Stamp shall be transferred 

18 to the Postal Service or the Secretary of the Interior (or 

19 a designee) for sale to a collector if the stamp— 

20 ‘‘(1) has not been sold by the end of the hunting 

21 year (as that term is defined in section 10 of the Mi22 gratory Bird Hunting and Conservation Stamp Act) 

23 during which the stamp is issued; and 

24 ‘‘(2) as determined by the Postal Service or the 

25 Secretary of the Interior— 
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1 ‘‘(A) is appropriate to supply a market for 

2 sale to collectors; and 

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

4 collector.’’; and 

5 (B) by striking the second sentence and in6 serting the following: 

7 ‘‘(b) SURPLUS STOCK.—The Postal Service or the Sec8 retary of the Interior may destroy any surplus stock of Mi9 gratory Bird Hunting and Conservation Stamps at such 

10 time and in such manner as the Postal Service or the Sec11 retary of the Interior determines to be appropriate.’’. 
Calendar No. 305 

109TH CONGRESS 

1ST SESSION S. 1496 

[Report No. 109–187] 

A BILL 

To direct the Secretary of the Interior to conduct 

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

DECEMBER 8, 2005 

Reported with amendments