dreamproit/uscode huggingface dataset:
16 U.S.C. § 718i (CONSERVATION)
§ 718i. Use of contest fees
Notwithstanding any other provision of law, funds received by the United States Fish and Wildlife Service in the form of fees for entering any Migratory Bird Hunting and Conservation Stamp contest shall be credited—
(1) first, to the appropriation account from which expenditures for the administration of the contest are made; and
(2) second, to the extent any funds remain, to the Migratory Bird Conservation Fund.
(Mar. 16, 1934, ch. 71, § 9, as added Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 678.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 9 of act Mar. 16, 1934, was classified to section 718 of this title prior to repeal by Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 677.
A prior section 718i, act June 28, 1941, ch. 259, § 1, 55 Stat. 356, related to disposal of surplus stamps and restricted use of stamps to the fiscal year for which issued prior to repeal by act July 30, 1956, ch. 782, § 3(d), formerly § 3(c), 70 Stat. 722, renumbered Pub. L. 109–266, § 10(i)(1), Aug. 3, 2006, 120 Stat. 679.
16 U.S.C. § 718j (CONSERVATION)
§ 718j. Definitions
(a) In general
In this subchapter, the terms defined in the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.) and the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) have the meanings given those terms in those Acts.
(b) Other definitions
In this subchapter:
(1) Hunting year
The term “hunting year” means the 1-year period beginning on July 1 of each year.
(2) Migratory waterfowl
The term “migratory waterfowl” means the species enumerated in paragraph (a) of subdivision 1 of article I of the Convention between the United States and Great Britain for the Protection of Migratory Birds, signed at Washington on August 16, 1916 (USTS 628) (16 U.S.C. 703 et seq.).
(3) Secretary
The term “Secretary” means the Secretary of the Interior.
(4) State
The term “State” means—
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(5) Take
The term “take” means—
(A) to pursue, hunt, shoot, capture, collect, or kill; or
(B) to attempt to pursue, hunt, shoot, capture, collect, or kill.
(Mar. 16, 1934, ch. 71, § 10, as added Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 678.)
heading: Editorial Notes
heading: References in Text
text: The Migratory Bird Conservation Act, referred to in subsec. (a), is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, which is classified generally to subchapter III (§ 715 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 715 of this title and Tables.
The Migratory Bird Treaty Act, referred to in subsec. (a), is act July 3, 1918, ch. 128, 40 Stat. 755, which is classified generally to subchapter II (§ 703 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 710 of this title and Tables.
heading: Prior Provisions
text: A prior section 718j, Mar. 16, 1934, ch. 71, § 10, as added Pub. L. 97–307, Oct. 14, 1982, 96 Stat. 1450, related to crediting of funds received as fees for entering migratory-bird hunting and conservation stamp contest prior to repeal by Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 677.
16 U.S.C. § 718k (CONSERVATION)
§ 718k. Use of fees collected for Federal migratory bird permits
On and after October 21, 1998, all fees collected for Federal migratory bird permits shall be available to the Secretary, without further appropriation, to be used for the expenses of the U.S. Fish and Wildlife Service in administering such Federal migratory bird permits, and shall remain available until expended.
(Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681–236.)
16 U.S.C. § 718o (CONSERVATION)
§ 718o. Definitions
In this subchapter:
(1) Actual stamp
The term “actual stamp” means a Migratory Bird Hunting and Conservation Stamp required under the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a et seq.) that is printed on paper and sold through the means established by the authority of the Secretary immediately before December 18, 2014.
(2) Automated licensing system
(A) 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.
(B) Inclusion
The term “automated licensing system” includes a point-of-sale, Internet, telephonic system, or other electronic applications used for a purpose described in subparagraph (A).
(3) Electronic stamp
The term “electronic stamp” means an electronic version of an actual stamp that—
(A) is a unique identifier for the individual to whom it is issued;
(B) can be printed on paper or produced through an electronic application with the same indicators as the State endorsement provides;
(C) is issued through a State automated licensing system that is authorized, under State law and by the Secretary under this subchapter, to issue electronic stamps;
(D) is compatible with the hunting licensing system of the State that issues the electronic stamp;
(E) is described in the State application approved by the Secretary under section 718q(b) of this title; and
(F) may contain an image of the actual stamp.
(4) Secretary
The term “Secretary” means the Secretary of the Interior.
(Pub. L. 113–239, § 2, Dec. 18, 2014, 128 Stat. 2847; Pub. L. 118–25, § 2(b), Dec. 19, 2023, 137 Stat. 129.)
heading: Editorial Notes
heading: References in Text
text: The Migratory Bird Hunting and Conservation Stamp Act, referred to in par. (1), is act Mar. 16, 1934, ch. 71, 48 Stat. 451, which is classified generally to subchapter IV (§ 718 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 718 of this title and Tables.
heading: Amendments
text: 2023—Par. (1). Pub. L. 118–25, § 2(b)(1), substituted “Migratory Bird Hunting and Conservation Stamp required under the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a et seq.) that is printed” for “Federal migratory-bird hunting and conservation stamp required under the Act of March 16, 1934 (16 U.S.C. 718a et seq.) (popularly known as the ‘Duck Stamp Act’), that is printed”.
Par. (3)(F). Pub. L. 118–25, § 2(b)(2), added subpar. (F).
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 2023 Amendment
text: Pub. L. 118–25, § 1, Dec. 19, 2023, 137 Stat. 129, provided that: “This Act [amending this section and sections 718a, 718r, and 718s of this title] may be cited as the ‘Duck Stamp Modernization Act of 2023’.”
heading: Short Title
text: Pub. L. 113–239, § 1, Dec. 18, 2014, 128 Stat. 2847, provided that: “This Act [enacting this subchapter] may be cited as the ‘Permanent Electronic Duck Stamp Act of 2013’.”
16 U.S.C. § 718p (CONSERVATION)
§ 718p. Authority to issue electronic duck stamps
(a) In general
The Secretary may authorize any State to issue electronic stamps in accordance with this subchapter.
(b) Consultation
The Secretary shall implement this section in consultation with State management agencies.
(Pub. L. 113–239, § 3, Dec. 18, 2014, 128 Stat. 2848.)
16 U.S.C. § 718q (CONSERVATION)
§ 718q. State application
(a) Approval of application required
The Secretary may not authorize a State to issue electronic stamps under this subchapter unless the Secretary has received and approved an application submitted by the State in accordance with this section. The Secretary may determine the number of new States per year to participate in the electronic stamp program.
(b) Contents of application
The Secretary may not approve a State application unless the application contains—
(1) a description of the format of the electronic stamp that the State will issue under this subchapter, including identifying features of the licensee that will be specified on the stamp;
(2) a description of any fee the State will charge for issuance of an electronic stamp;
(3) 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;
(4) the manner by which the State will transmit electronic stamp customer data to the Secretary;
(5) the manner by which actual stamps will be delivered;
(6) the policies and procedures under which the State will issue duplicate electronic stamps; and
(7) such other policies, procedures, and information as may be reasonably required by the Secretary.
(c) Publication of deadlines, eligibility requirements, and selection criteria
Not later than 30 days before the date on which the Secretary begins accepting applications under this section, the Secretary shall publish—
(1) deadlines for submission of applications;
(2) eligibility requirements for submitting applications; and
(3) criteria for approving applications.
(Pub. L. 113–239, § 4, Dec. 18, 2014, 128 Stat. 2848.)
16 U.S.C. § 718r (CONSERVATION)
§ 718r. State obligations and authorities
(a) Delivery of electronic stamp
The Secretary shall require that each individual to whom a State sells an electronic stamp under this subchapter shall receive the electronic stamp—
(1) on the date of purchase of the electronic stamp; and
(2) in a manner agreed upon by the State and Secretary.
(b) Collection and transfer of electronic stamp revenue and customer information
(1) Requirement to transmit
The Secretary shall require each State authorized to issue electronic stamps to collect and submit to the Secretary in accordance with this section—
(A) the first name, last name, and complete mailing address of each individual that purchases an electronic stamp from the State;
(B) the face value amount of each electronic stamp sold by the State; and
(C) the amount of the Federal portion of any fee required by the agreement for each stamp sold.
(2) 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 according to the written agreement between the Secretary and the State agency.
(3) Additional fees not affected
This section shall not apply to the State portion of any fee collected by a State under subsection (c).
(c) Electronic stamp issuance fee
A State authorized to issue electronic stamps may charge a reasonable fee to cover costs incurred by the State and the Department of the Interior in issuing electronic stamps under this subchapter, including costs of delivery of actual stamps under subsection (e).
(d) Duplicate electronic stamps
A State authorized to issue electronic stamps may issue a duplicate electronic stamp to replace an electronic stamp issued by the State that is lost or damaged.
(e) Delivery of actual stamps
The Secretary shall issue an actual stamp after March 10 of each year to each individual that purchased an electronic stamp for the preceding waterfowl season.
(f) 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 this subchapter.
(Pub. L. 113–239, § 5, Dec. 18, 2014, 128 Stat. 2848; Pub. L. 118–25, § 2(a), Dec. 19, 2023, 137 Stat. 129.)
heading: Editorial Notes
heading: Amendments
text: 2023—Subsec. (a). Pub. L. 118–25, § 2(a)(1)(A), (B), substituted “electronic stamp” for “actual stamp” in heading and “the electronic stamp” for “an actual stamp” in introductory provisions.
Subsec. (a)(1). Pub. L. 118–25, § 2(a)(1)(C), added par. (1) and struck out former par. (1) which read as follows: “by not later than the date on which the electronic stamp expires under section 718s(c) of this title; and”.
Subsec. (c). Pub. L. 118–25, § 2(a)(2), substituted “actual stamps under subsection (e)” for “actual stamps”.
Subsecs. (e), (f). Pub. L. 118–25, § 2(a)(3), added subsec. (e) and redesignated former subsec. (e) as (f).
16 U.S.C. § 718s (CONSERVATION)
§ 718s. Electronic stamp requirements; recognition of electronic stamp
(a) Stamp requirements
The Secretary shall require an electronic stamp issued by a State under this subchapter—
(1) to have the same format as any other license, validation, or privilege the State issues under the automated licensing system of the State; and
(2) to specify identifying features of the licensee that are adequate to enable Federal, State, and other law enforcement officers to identify the holder.
(b) Recognition of electronic stamp
Any electronic stamp issued by a State under this subchapter shall—
(1) bestow upon the licensee the same privileges as are bestowed by an actual stamp;
(2) be recognized nationally as a valid Federal migratory bird hunting and conservation stamp; and
(3) authorize the licensee to hunt migratory waterfowl in any other State, in accordance with the laws of the other State governing that hunting.
(c) Duration
An electronic stamp issued by a State shall be valid through the first June 30 that occurs after the date of issuance of the electronic stamp by the State.
(Pub. L. 113–239, § 6, Dec. 18, 2014, 128 Stat. 2849; Pub. L. 118–25, § 2(c), Dec. 19, 2023, 137 Stat. 130.)
heading: Editorial Notes
heading: Amendments
text: 2023—Subsec. (b). Pub. L. 118–25, § 2(c)(1), substituted “shall—” for “shall, during the effective period of the electronic stamp—” in introductory provisions.
Subsec. (c). Pub. L. 118–25, § 2(c)(2), substituted “through the first June 30 that occurs after the date of issuance of the electronic stamp by the State” for “for a period agreed to by the State and the Secretary, which shall not exceed 45 days”.
16 U.S.C. § 718t (CONSERVATION)
§ 718t. Termination of State participation
The authority of a State to issue electronic stamps under this subchapter may be terminated—
(1) by the Secretary, if the Secretary—
(A) finds that the State has violated any of the terms of the application of the State approved by the Secretary under section 718q of this title; and
(B) 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
(2) by the State, by providing written notice to the Secretary by not later than the date that is 30 days before the termination date.
(Pub. L. 113–239, § 7, Dec. 18, 2014, 128 Stat. 2849.)
16 U.S.C. § 719 (CONSERVATION)
§ 719. Establishment of Program
(a) In general
The Secretary of the Interior (in this subchapter referred to as the “Secretary”) may carry out in accordance with this subchapter a program to be known as the “Junior Duck Stamp Conservation and Design Program” (in this subchapter referred to as the “Program”) to accomplish the goals of—
(1) providing to school children environmental education opportunities relating to the conservation and management of migratory birds; and
(2) increasing the capacity for schools, States, and other educational programs to conduct conservation and education programs.
(b) Program features
The Program shall consist of—
(1) conducting in all interested States the activities which on the day before October 6, 1994, are conducted under the program known as the Junior Duck Stamp Conservation and Design Program;
(2) other activities authorized under the Program by this subchapter or any other Act; and
(3) any other activity necessary to carry out the conservation and education goals of the Program.
(c) Effort to conduct Program in all States
(1) In general
The Secretary shall take appropriate steps to seek to conduct the Program in all of the States.
(2) Annual report
The Secretary shall annually submit a report to the Congress on the status of the Program in each of the States.
(Pub. L. 103–340, § 2, Oct. 6, 1994, 108 Stat. 3119; Pub. L. 106–316, § 2(1), Oct. 19, 2000, 114 Stat. 1276.)
heading: Editorial Notes
heading: Amendments
text: 2000—Subsec. (c). Pub. L. 106–316 struck out “50” before “States” in pars. (1) and (2).
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 2006 Amendment
text: Pub. L. 109–166, § 1, Jan. 10, 2006, 119 Stat. 3576, provided that: “This Act [amending sections 719a and 719c of this title and provisions listed in a table of National Wildlife Refuges set out under section 668dd of this title] may be cited as the ‘Junior Duck Stamp Reauthorization Amendments Act of 2005’.”
heading: Short Title
text: Pub. L. 103–340, § 1, Oct. 6, 1994, 108 Stat. 3119, provided that: “This Act [enacting this subchapter and provisions listed in a table of National Wildlife Refuges set out under section 668dd of this title] may be cited as the ‘Junior Duck Stamp Conservation and Design Program Act of 1994’.”
16 U.S.C. § 719a (CONSERVATION)
§ 719a. Junior Duck Stamp
(a) Competition
As part of the Program, the Secretary may annually conduct a competition to—
(1) solicit the submission by students at elementary and secondary schools of designs relating to conservation of migratory birds; and
(2) select winning designs from among those submissions for use for licensing and marketing under subsection (b).
(b) Licensing and marketing of design of Junior Duck Stamps
As part of the Program, the Secretary may—
(1) license and market winning designs selected in competitions under subsection (a); and
(2) license and market stamps bearing those designs, which shall be known as Junior Duck Stamps.
(c) Use of proceeds
Amounts received under subsection (b)—
(1) 1 shall be available to the Secretary until expended, without further appropriations, solely for—
(A) awards, prizes, and scholarships to individuals who submit designs in competitions under subsection (a), that are—
(i) selected in such a competition as winning designs; or
(ii) otherwise determined in such a competition to be superior;
(B) awards and prizes to schools, students, teachers, and other participants to further education activities related to the conservation education goals of the Program;
(C) award ceremonies for winners of national and State Junior Duck Stamp competitions;
(D) travel expenses for winners of national and State Junior Duck Stamp competitions to award ceremonies, if—
(i) the event is intended to honor students for winning a national competition; or
(ii) the event is intended to honor students for winning a State competition;
(E) expenses for licensing and marketing under subsection (b);
(F) expenses for migratory bird reference materials or supplies awarded to schools that participate in the Program; and
(G) expenses for marketing and educational materials developed to promote the Program; 2
(Pub. L. 103–340, § 3, Oct. 6, 1994, 108 Stat. 3119; Pub. L. 109–166, § 2, Jan. 10, 2006, 119 Stat. 3576.)
heading: Editorial Notes
heading: Amendments
text: 2006—Subsec. (c). Pub. L. 109–166 amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “Amounts received under subsection (b) of this section—
“(1) shall be available to the Secretary until expended, without further appropriations, solely for—
“(A) awards and scholarships to individuals who submit designs in competitions under subsection (a) of this section, that are—
“(i) selected in such a competition as winning designs; or
“(ii) otherwise determined in such a competition to be superior;
“(B) awards to schools and other participants to further education activities related to the conservation education goals of the Program; and
“(C) expenses for licensing and marketing under subsection (b) of this section; and
“(2) may not be used for administrative expenses of the Program.”
16 U.S.C. § 719b (CONSERVATION)
§ 719b. Acceptance of gifts, devises, and bequests
The Secretary may accept and use any gift, devise, or bequest of personal property, or proceeds thereof, for the purpose of funding the activities described in section 719a(c)(1)(A) and (B) of this title.
(Pub. L. 103–340, § 4, Oct. 6, 1994, 108 Stat. 3120.)
16 U.S.C. § 719b–1 (CONSERVATION)
§ 719b–1. Definition of State
For the purposes of this subchapter, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States.
(Pub. L. 103–340, § 5, as added Pub. L. 106–316, § 2(3), Oct. 19, 2000, 114 Stat. 1276.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 5 of Pub. L. 103–340 was renumbered section 6 and is classified to section 719c of this title.
16 U.S.C. § 719c (CONSERVATION)
§ 719c. Authorization of appropriations
(a) Authorization
There are authorized to be appropriated to the Secretary for administrative expenses of the Program $350,000 for each of the fiscal years 2006 through 2010.
(b) Limitations on use for distribution to State and regional coordinators to implement competitions
Of the amount appropriated under this section for a fiscal year—
(1) not more than $100,000 may be used by the Secretary to administer the Program; and
(2) not more than $250,000 may be distributed to State and regional coordinators to implement competitions under the Program.
(Pub. L. 103–340, § 6, formerly § 5, Oct. 6, 1994, 108 Stat. 3120; renumbered § 6 and amended Pub. L. 106–316, §§ 1, 2(2), Oct. 19, 2000, 114 Stat. 1276; Pub. L. 109–166, § 3, Jan. 10, 2006, 119 Stat. 3577.)
heading: Editorial Notes
heading: Codification
text: Another section 6 of Pub. L. 103–340 was renumbered section 7 and enacted provisions listed in a table of National Wildlife Refuges set out under section 668dd of this title.
heading: Amendments
text: 2006—Pub. L. 109–166 designated existing provisions as subsec. (a), inserted subsec. (a) heading, substituted “$350,000” for “$250,000” and “fiscal years 2006 through 2010” for “fiscal years 2001 through 2005”, and added subsec. (b).
2000—Pub. L. 106–316, § 1, substituted “for each of the fiscal years 2001 through 2005” for “for each of the fiscal years 1995 through 2000”.
16 U.S.C. § 721 (CONSERVATION)
§ 721. Short title; “person” defined
This chapter may be cited as “The Upper Mississippi River National Wildlife and Fish Refuge Act.” The term “person” as used therein includes an individual, partnership, association, or corporation.
(June 7, 1924, ch. 346, §§ 1, 12, 43 Stat. 650, 652; Pub. L. 105–312, title II, § 202(b), Oct. 30, 1998, 112 Stat. 2957.)
heading: Editorial Notes
heading: Codification
text: Section is a combination provision, the first sentence being derived from section 1 and the last from section 12, of act June 7, 1924.
heading: Amendments
text: 1998—Pub. L. 105–312 substituted “National Wildlife” for “Wild Life”.