§ 718b. — Issuance and sale of stamps; deposit of funds in migratory bird conservation fund; fees; validity; expiration; redemption; "retail dealers" and "hunting year" defined.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC718b]
TITLE 16--CONSERVATION
CHAPTER 7--PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
SUBCHAPTER IV--HUNTING AND CONSERVATION STAMP TAX
Sec. 718b. Issuance and sale of stamps; deposit of funds in
migratory bird conservation fund; fees; validity; expiration;
redemption; ``retail dealers'' and ``hunting year'' defined
(a) Sales; fund disposition; unsold stamps
The stamps required by section 718a of this title shall be issued
and sold by the Postal Service and may be sold by the Department of the
Interior, pursuant to regulations prescribed jointly by the Postal
Service and the Secretary of the Interior, at (1) each post office of
the first- and second-class, and (2) any establishment, facility, or
location as the Postal Service and the Secretary of the Interior shall
direct or authorize. The funds received from the sale of such stamps by
the Department of the Interior shall be deposited in the migratory bird
conservation fund in accordance with the provisions of section 718d of
this title. Except as provided in subsection (b) of this section, for
each stamp sold under the provisions of this section for any hunting
year there shall be collected by the Postal Service a sum of not less
than $3 and not more than $5 as 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.
No such stamp shall be valid under any circumstances to authorize the
taking of migratory waterfowl except in compliance with Federal and
State laws and regulations and then only when the person so taking such
waterfowl shall himself have written his signature in ink across the
face of the stamp prior to such taking. Such stamps shall be usable as
migratory-bird hunting stamps only during the year for which issued. The
Postal Service, pursuant to regulations prescribed by it, shall provide
for the redemption, on or before the 30th day of June of each year, of
blocks composed of two or more attached unused stamps issued for such
year (A) that were sold on consignment to any person, including, but not
limited to, retail dealers for resale to their customers, and (B) that
have not been resold by any such person. As used in this section, the
term ``retail dealers'' means persons regularly engaged in the business
of retailing hunting or fishing equipment, and persons duly authorized
to act as agents of a State or political subdivision thereof for the
sale of State or county hunting or fishing licenses.
(b) Cost of stamp
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 of the Interior 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. For purposes of this section, the
term ``hunting year'' means the 12-month period beginning on July 1 of
any such year.
(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(b), 70 Stat. 722; 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.)
Amendments
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(b) of act July 30, 1956, set out below.
Act July 30, 1956, Sec. 3(b), 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(b) 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
Section 4 of Pub. L. 85-585 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 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.''
Section Referred to in Other Sections
This section is referred to in sections 718a, 718e, 3911 of this
title.
