16 U.S.C. § 718b — Sales; fund disposition; unsold stamps

Page 1280 TITLE 16—CONSERVATION § 718b of this title) or validated by the signature of the individual written in ink across the face of the actual stamp (as defined in that section) prior to the time of the taking by the indi- vidual of the waterfowl. (2) Exception No stamp described in paragraph (1) shall be required for the taking of migratory water- fowl— (A) by Federal or State agencies; (B) for propagation; (C) by the resident owner, tenant, or share- cropper of the property, or officially des- ignated agencies of the Department of the Interior, for the killing, under such restric- tions as the Secretary may by regulation prescribe, of such waterfowl when found damaging crops or other property; or (D) by a rural Alaska resident for subsist- ence uses (as that term is defined in section 3113 of this title). (b) Display of stamp Any individual to whom a stamp has been sold under this subchapter shall, upon request, dis- play the stamp for inspection to— (1) any officer or employee of the Depart- ment of the Interior who is authorized to en- force this subchapter; or (2) any officer of any State or political sub- division 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 Con- servation Stamp to any other license prior to taking 1 or more migratory waterfowl. (Mar. 16, 1934, ch. 71, § 1, 48 Stat. 451; June 15, 1935, ch. 261, title I, § 1, 49 Stat. 378; 1939 Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; July 30, 1956, ch. 782, § 1, 70 Stat. 722; Pub. L. 94–215, § 3(a), Feb. 17, 1976, 90 Stat. 189; Pub. L. 109–266, § 10(a), Aug. 3, 2006, 120 Stat. 674; Pub. L. 113–264, § 4, Dec. 18, 2014, 128 Stat. 2940; Pub. L. 118–25, § 2(d), Dec. 19, 2023, 137 Stat. 130.) Editorial Notes AMENDMENTS 2023—Subsec. (a)(1). Pub. L. 118–25 inserted ‘‘as an electronic stamp (as defined in section 718o of this title) or’’ after ‘‘Conservation Stamp,’’ and substituted ‘‘face of the actual stamp (as defined in that section)’’ for ‘‘face of the stamp’’. 2014—Subsec. (a)(2)(D). Pub. L. 113–264 added subpar. (D). 2006—Pub. L. 109–266 amended section generally. Prior to amendment, section related to hunting and con- servation stamp for taking migratory waterfowl. 1976—Pub. L. 94–215 substituted ‘‘hunting and con- servation stamp’’ for ‘‘hunting stamp’’ in first sen- tence. 1956—Act July 30, 1956, substituted ‘‘no person who has attained the age of sixteen years’’, for ‘‘no person over sixteen years of age’’. 1935—Act June 15, 1935, substituted ‘‘validated by his signature written by himself in ink across the face of the stamp prior to his taking such birds’’ for ‘‘issued to him in the manner hereinafter provided,’’ and struck out provisions which authorized the Secretary of Agri- culture to adopt and promulgate regulations for the protection of private property in the injury of crops. Executive Documents TRANSFER OF FUNCTIONS Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, transferred functions of Secretary of Agriculture relat- ing to conservation of wildlife, game, and migratory birds to Secretary of the Interior. § 718b. Sales; fund disposition; unsold stamps (a) Sales (1) In general The stamps required under section 718a of this title shall be sold by the Postal Service and may be sold by the Department of the In- terior, pursuant to regulations promulgated jointly by the Postal Service and the Sec- retary, at— (A) any post office; and (B) such other establishments, facilities, or locations as the Postal Service or the Secretary (or a designee) may direct or au- thorize. (2) Proceeds The funds received from the sale of stamps under this subchapter by the Department of the Interior shall be deposited in the Migra- tory Bird Conservation Fund in accordance with section 718d of this title. (3) Minimum and maximum values Except as provided in subsection (b), the Postal Service shall collect the full face value of each stamp sold under this section for the applicable hunting year. (4) Validity No stamp sold under this subchapter shall be valid under any circumstances to authorize the taking of migratory waterfowl except— (A) in compliance with Federal and State laws (including regulations); (B) on the condition that the individual so taking the waterfowl wrote the signature of the individual in ink across the face of the stamp prior to the taking; and (C) during the hunting year for which the stamp was issued. (5) Unused stamps (A) Definition of retail dealer In this paragraph, the term ‘‘retail dealer’’ means— (i) any individual or entity that is regu- larly engaged in the business of retailing hunting or fishing equipment; and (ii) any individual or entity duly author- ized to act as an agent of a State or polit- ical subdivision of a State for the sale of State or county hunting or fishing li- censes. (B) Redemption of unused stamps The Department of the Interior, pursuant to regulations promulgated by the Sec- retary, shall provide for the redemption, on or before the 30th day of June of each year, of unused stamps issued for the year under this subchapter that— (i) were sold on consignment to any per- son authorized by the Secretary to sell Page 1281 TITLE 16—CONSERVATION § 718b stamps on consignment (including retail dealers for resale to customers); and (ii) have not been resold by any such per- son. (6) Prohibition on certain stamp sales The Postal Service shall not— (A) sell on consignment any stamps issued under this subchapter to any individual, business, or organization; or (B) redeem stamps issued under this sub- chapter that are sold on consignment by the Secretary (or any agent of the Secretary). (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 hunt- ing years 1989 and 1990, $15.00 for hunting years 1991 through 2013, and $25 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 attributable to— (1) amounts appropriated pursuant to this subchapter for the fiscal year ending in the immediately preceding calendar year; and (2) the sale of stamps under this section dur- ing such fiscal year have been obligated for expenditure. (c) Reduction in price of stamp The Secretary may reduce the price of each stamp sold under the provisions of this section for a hunting year if the Secretary determines that the increase in the price of the stamp after hunting year 2013 resulted in a reduction in rev- enues deposited into the fund. (Mar. 16, 1934, ch. 71, § 2, 48 Stat. 451; June 15, 1935, ch. 261, title I, § 2, 49 Stat. 379; Aug. 12, 1949, ch. 421, § 1, 63 Stat. 599; July 30, 1956, ch. 782, §§ 2, 3(c), formerly § 3(b), 70 Stat. 722, renumbered Pub. L. 109–266, § 10(i)(1), Aug. 3, 2006, 120 Stat. 679; Pub. L. 85–585, § 1, Aug. 1, 1958, 72 Stat. 486; Pub. L. 92–214, §§ 1, 2, Dec. 22, 1971, 85 Stat. 777; Pub. L. 94–215, § 3(b), (c), Feb. 17, 1976, 90 Stat. 189; Pub. L. 94–273, § 34, Apr. 21, 1976, 90 Stat. 380; Pub. L. 95–552, § 1, Oct. 30, 1978, 92 Stat. 2071; Pub. L. 95–616, § 7(a), Nov. 8, 1978, 92 Stat. 3114; Pub. L. 99–625, § 3, Nov. 7, 1986, 100 Stat. 3502; Pub. L. 99–645, title II, § 202, Nov. 10, 1986, 100 Stat. 3586; Pub. L. 109–266, § 10(b), (c), Aug. 3, 2006, 120 Stat. 674, 675; Pub. L. 113–264, § 2(1), (2), Dec. 18, 2014, 128 Stat. 2939.) Editorial Notes AMENDMENTS 2014—Subsec. (b). Pub. L. 113–264, § 2(1), substituted ‘‘1990, $15.00 for hunting years 1991 through 2013, and $25 for each hunting year thereafter’’ for ‘‘1990, and $15.00 for each hunting year thereafter’’. Subsec. (c). Pub. L. 113–264, § 2(2), added subsec. (c). 2006—Pub. L. 109–266, § 10(b), inserted section catch- line. Subsec. (a). Pub. L. 109–266, § 10(b), added subsec. (a) and struck out former subsec. (a) which related to issuance and sale of stamps, fund disposition, and unsold stamps. Subsec. (b). Pub. L. 109–266, § 10(c)(4), which directed amendment of par. (2) by striking ‘‘For purposes’’ and all that follows through ‘‘of any such year.’’, was exe- cuted by striking ‘‘For purposes of this section, the term ‘hunting year’ means the 12-month period begin- ning on July 1 of any such year.’’ at the end of the con- cluding provisions following par. (2), to reflect the probable intent of Congress. Pub. L. 109–266, § 10(c)(1)–(3), inserted heading and sub- stituted ‘‘Secretary’’ for ‘‘Secretary of the Interior’’ and ‘‘Migratory Bird Conservation Fund’’ for ‘‘migra- tory bird conservation fund’’ in introductory provi- sions. 1986—Subsec. (b). Pub. L. 99–645, § 202(1), (2), in intro- ductory provisions, substituted ‘‘$10.00 for each stamp sold under the provisions of this section for hunting years 1987 and 1988, $12.50 for hunting years 1989 and 1990, and $15.00 for each hunting year thereafter, if’’ for ‘‘$7.50 for each stamp sold under the provisions of this section for any hunting year if’’. Pub. L. 99–625 and Pub. L. 99–645, § 202(3), amended subsec. (b) identically, inserting ‘‘available for obliga- tion’’ before ‘‘attributable to’’. 1978—Subsec. (a). Pub. L. 95–616 substituted ‘‘June’’ for ‘‘September’’ in sixth sentence. Pub. L. 95–552, § 1(1), (2), designated existing provi- sions as subsec. (a), inserted in third sentence introduc- tory text ‘‘Except as provided in subsection (b) of this section,’’ and ‘‘for any hunting year’’ before ‘‘there shall be collected’’. Subsec. (b). Pub. L. 95–552, § 1(3), added subsec. (b). 1976—Pub. L. 94–273 substituted ‘‘the year’’ for ‘‘the fiscal year’’ and ‘‘each year’’ for ‘‘each fiscal year’’. Pub. L. 94–215 authorized sale of stamps by the De- partment of the Interior, substituted provision for pre- scription of regulations jointly by the Postal Service and the Secretary of the Interior for prior provision for such prescription by the Postal Service and provision for sale of stamps at any establishment, facility, or lo- cation as the Postal Service and the Secretary of the Interior shall direct and authorize for prior provision for sale of stamps at such post offices other than first- and second-class post offices as the Postal Service shall direct and inserted provision respecting deposit of funds from sale of stamps by the Department of the In- terior in the migratory bird conservation fund; and substituted ‘‘September’’ for ‘‘June’’ in relation to re- demption of blocks of stamps, designated existing pro- visions as cls. (A) and (B), and substituted ‘‘consign- ment to any person, including, but not limited to, ‘‘re- tail dealers’’ for ‘‘consignment to retail dealers’’ in cl. (A) and ‘‘by any such person’’ for ‘‘by such dealers’’ in cl. (B), respectively. 1971—Pub. L. 92–214 substituted ‘‘Postal Service’’ for ‘‘Post Office Department’’ and ‘‘Postmaster General’’ and inserted provisions authorizing the collection of up to $5 for each stamp sold to be determined by the Sec- retary of the Interior after taking into consideration, among other matters, the increased cost of lands need- ed for the conservation of migratory birds. 1958—Pub. L. 85–585 increased cost of stamp from $2 to $3. 1956—Act July 30, 1956, § 2, struck out in existing next to last sentence requirement that stamps remaining unsold by the Post Office Department subsequent to be- coming void after the 30th day of June next succeeding issuance be destroyed, substituted provisions in exist- ing last sentence relating to redemption of blocks of unused stamps sold on consignment to retail dealers for resale to their customers, for provisions prohibiting the redemption by the Department in cash or kind of stamps sold under this Act, and inserted sentence de- fining ‘‘retail dealers’’. For further amendment of next to last sentence of this section, see section 3(c) of act July 30, 1956, set out below. Act July 30, 1956, § 3(c), formerly § 3(b), as renumbered by Pub. L. 109–266, § 10(i)(1), substituted provisions in fourth sentence authorizing use as migratory-bird stamps only during fiscal year for which issued, for pro- visions requiring stamps to expire and be void after the 30th day of June next succeeding issuance. Amendment of fourth sentence by section 3(c) further amends amendments made to next to last sentence by section 2 of act July 30, 1956, as set out above. Page 1282 TITLE 16—CONSERVATION § 718b–1 1949—Act Aug. 12, 1949, increased cost of stamp from $1 to $2. 1935—Act June 15, 1935, amended section generally. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1958 AMENDMENT Pub. L. 85–585, § 4, Aug. 1, 1958, 72 Stat. 487, provided that: ‘‘The amendment made by the first section of this Act [amending this section] shall become effective on July 1, 1959. The amendment made by section 2 of this Act [amending section 718d of this title] making avail- able the net proceeds of all moneys received in the mi- gratory bird conservation fund for the location, ascer- tainment, and acquisition of Waterfowl Production Areas and suitable areas for migratory bird refuges shall become effective on July 1, 1960. The remaining amendments made by this Act [amending section 718d of this title] shall become effective on the date of the enactment of this Act [Aug. 1, 1958]. Any unobligated balance remaining in the migratory bird conservation fund on June 30, 1960, shall thereafter be available for expenditure only for the purposes specified in the Mi- gratory Bird Hunting Stamp Act [now Migratory Bird Hunting and Conservation Stamp Act] of March 16, 1934 [this subchapter], as amended by this Act.’’ SPENDING OF STAMP MONEY Act Aug. 12, 1949, ch. 421, § 1, 63 Stat. 599, provided in part: ‘‘That the moneys derived from the sale of such stamps shall be spent only upon specific appropriation by the Congress.’’ § 718b–1. Disposition of unsold stamps (a) Disposition of unsold stamps A Migratory Bird Hunting and Conservation Stamp shall be transferred to the Postal Service or the Secretary of the Interior (or a designee) for sale to a collector if the stamp— (1) has not been sold by the end of the hunt- ing year (as that term is defined in section 718j of this title) during which the stamp is issued; and (2) as determined by the Postal Service or the Secretary of the Interior— (A) is appropriate to supply a market for sale to collectors; and (B) is in suitable condition for sale to a collector. (b) Surplus stock The Postal Service or the Secretary of the In- terior may destroy any surplus stock of Migra- tory Bird Hunting and Conservation Stamps at such time and in such manner as the Postal Service or the Secretary of the Interior deter- mines to be appropriate. (July 30, 1956, ch. 782, § 3(a), (b), formerly § 3(a), 70 Stat. 722; Pub. L. 92–214, § 3, Dec. 22, 1971, 85 Stat. 777; renumbered § 3(a), (b) and amended Pub. L. 109–266, § 10(i)(2), Aug. 3, 2006, 120 Stat. 679.) Editorial Notes CODIFICATION Section was not enacted as part of act Mar. 16, 1934, which comprises this subchapter. PRIOR PROVISIONS A prior section 3(b) of act July 30, 1956, ch. 782, 70 Stat. 722, amended section 718b of this title prior to being redesignated 3(c) by section 10(i)(1) of Pub. L. 109–266. AMENDMENTS 2006—Pub. L. 109–266 inserted section catchline and substituted subsecs. (a) and (b) for former text which read: ‘‘On or after July 30, 1956, such quantity of migra- tory-bird hunting stamps, not sold at the end of the fis- cal year for which issued, as determined by the Postal Service to be (1) required to supply the market for sale to collectors, and (2) in suitable condition for such sale to collectors, shall be turned over to the Philatelic Agency and therein placed on sale. Any surplus stock of such migratory-bird hunting stamps may be de- stroyed in such manner as the Postal Service shall di- rect.’’ 1971—Pub. L. 92–214 substituted ‘‘Postal Service’’ for ‘‘Postmaster General’’. § 718c. Authorization and exemption Nothing in this subchapter shall be construed to authorize any person to take any migratory waterfowl otherwise than in accordance with regulations adopted and approved pursuant to any treaty or convention heretofore or hereafter entered into between the United States and any other country for the protection of migratory birds, nor to exempt any person from complying with the game laws of the several States. (Mar. 16, 1934, ch. 71, § 3, 48 Stat. 451; Pub. L. 95–616, § 7(b), Nov. 8, 1978, 92 Stat. 3114; Pub. L. 109–266, § 10(d), Aug. 3, 2006, 120 Stat. 675.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–266 inserted section catchline. 1978—Pub. L. 95–616 inserted ‘‘or convention’’ after ‘‘treaty’’. § 718d. Expenditure of funds (a) In general All funds received for stamps sold under this subchapter shall be— (1) accounted for by the Postal Service or the Secretary, as appropriate; (2) paid into the Treasury of the United States; and (3) reserved and set aside as a special fund, to be known as the ‘‘Migratory Bird Conserva- tion Fund’’ (referred to in this section as the ‘‘fund’’), to be administered by the Secretary, in which there shall be a subaccount to which the Secretary of the Treasury shall transfer all amounts in excess of $15 that are received from the sale of each stamp sold for each hunting year after hunting year 2013. (b) Use of funds All funds received into the fund are appro- priated for the following purposes, to remain available until expended: (1) Advance allotments Except as provided in paragraph (4), so much as may be necessary shall be used by the Sec- retary for engraving, printing, issuing, selling, and accounting for Migratory Bird Hunting and Conservation Stamps and moneys received from the sale thereof, in addition to expenses for personnel services in the District of Co- lumbia and elsewhere, and such other expenses as may be necessary in executing the duties and functions required of the Postal Service. (2) Areas for refuges Except as provided in paragraphs (3) and (4) and subsection (c), the remainder shall be