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CITE

    16 USC Sec. 718b                                            01/05/2009

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX

HEAD

    Sec. 718b. Sales; fund disposition; unsold stamps

STATUTE

    (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 Interior, pursuant to regulations promulgated jointly by the
      Postal Service and the Secretary, 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 authorize.
      (2) Proceeds
        The funds received from the sale of stamps under this
      subchapter by the Department of the Interior shall be deposited
      in the Migratory 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 regularly engaged in
          the business of retailing hunting or fishing equipment; and
            (ii) any individual or entity duly authorized to act as an
          agent of a State or political subdivision of a State for the
          sale of State or county hunting or fishing licenses.
        (B) Redemption of unused stamps
          The Department of the Interior, pursuant to regulations
        promulgated by the Secretary, 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 person authorized by
          the Secretary to sell stamps on consignment (including retail
          dealers for resale to customers); and
            (ii) have not been resold by any such person.
      (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 subchapter 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 hunting years 1989 and 1990, and $15.00 for each hunting
    year thereafter, if the Secretary determines, at any time before
    February 1 of the calendar year in which such hunting year begins,
    that all sums in the Migratory Bird Conservation Fund available for
    obligation and 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 during such fiscal
      year
    have been obligated for expenditure.

SOURCE

    (Mar. 16, 1934, ch. 71, Sec. 2, 48 Stat. 451; June 15, 1935, ch.
    261, title I, Sec. 2, 49 Stat. 379; Aug. 12, 1949, ch. 421, Sec. 1,
    63 Stat. 599; July 30, 1956, ch. 782, Secs. 2, 3(c), formerly Sec.
    3(b), 70 Stat. 722, renumbered Pub. L. 109-266, Sec. 10(i)(1), Aug.
    3, 2006, 120 Stat. 679; Pub. L. 85-585, Sec. 1, Aug. 1, 1958, 72
    Stat. 486; Pub. L. 92-214, Secs. 1, 2, Dec. 22, 1971, 85 Stat. 777;
    Pub. L. 94-215, Sec. 3(b), (c), Feb. 17, 1976, 90 Stat. 189; Pub.
    L. 94-273, Sec. 34, Apr. 21, 1976, 90 Stat. 380; Pub. L. 95-552,
    Sec. 1, Oct. 30, 1978, 92 Stat. 2071; Pub. L. 95-616, Sec. 7(a),
    Nov. 8, 1978, 92 Stat. 3114; Pub. L. 99-625, Sec. 3, Nov. 7, 1986,
    100 Stat. 3502; Pub. L. 99-645, title II, Sec. 202, Nov. 10, 1986,
    100 Stat. 3586; Pub. L. 109-266, Sec. 10(b), (c), Aug. 3, 2006, 120
    Stat. 674, 675.)

AMENDMENTS

      2006 - Pub. L. 109-266, Sec. 10(b), inserted section catchline.
      Subsec. (a). Pub. L. 109-266, Sec. 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, Sec. 10(c)(4), which directed
    amendment of par. (2) by striking "For purposes" and all that
    follows through "of any such year.", was executed by striking "For
    purposes of this section, the term 'hunting year' means the 12-
    month period beginning on July 1 of any such year." at the end of
    the concluding provisions following par. (2), to reflect the
    probable intent of Congress.
      Pub. L. 109-266, Sec. 10(c)(1)-(3), inserted heading and
    substituted "Secretary" for "Secretary of the Interior" and
    "Migratory Bird Conservation Fund" for "migratory bird conservation
    fund" in introductory provisions.
      1986 - Subsec. (b). Pub. L. 99-645, Sec. 202(1), (2), in
    introductory 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, Sec. 202(3), amended subsec.
    (b) identically, inserting "available for obligation" before
    "attributable to".
      1978 - Subsec. (a). Pub. L. 95-616 substituted "June" for
    "September" in sixth sentence.
      Pub. L. 95-552, Sec. 1(1), (2), designated existing provisions as
    subsec. (a), inserted in third sentence introductory 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, Sec. 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 Department of the
    Interior, substituted provision for prescription 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
    location 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 Interior in the migratory bird conservation fund; and
    substituted "September" for "June" in relation to redemption of
    blocks of stamps, designated existing provisions as cls. (A) and
    (B), and substituted "consignment to any person, including, but not
    limited to, "retail 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 Secretary of the Interior after taking into
    consideration, among other matters, the increased cost of lands
    needed for the conservation of migratory birds.
      1958 - Pub. L. 85-585 increased cost of stamp from $2 to $3.
      1956 - Act July 30, 1956, Sec. 2, struck out in existing next to
    last sentence requirement that stamps remaining unsold by the Post
    Office Department subsequent to becoming void after the 30th day of
    June next succeeding issuance be destroyed, substituted provisions
    in existing 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 defining "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, Sec. 3(c), formerly Sec. 3(b), as renumbered
    by Pub. L. 109-266, Sec. 10(i)(1), substituted provisions in fourth
    sentence authorizing use as migratory-bird stamps only during
    fiscal year for which issued, for provisions 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.
      1949 - Act Aug. 12, 1949, increased cost of stamp from $1 to $2.
      1935 - Act June 15, 1935, amended section generally.
                     EFFECTIVE DATE OF 1958 AMENDMENT
      Pub. L. 85-585, Sec. 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 available the net proceeds of all moneys
    received in the migratory bird conservation fund for the location,
    ascertainment, 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 Migratory 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
      Section 1 of act Aug. 12, 1949, provided in part: "That the
    moneys derived from the sale of such stamps shall be spent only
    upon specific appropriation by the Congress."