§ 718b. Sales; fund disposition; unsold stamps

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1934

   Pub. L. 73–71 § 2 · 48 Stat. 139

   Enacted · 16 U.S.C. § 718b

   Mar. 16, 1934, ch. 71, § 2, 48 Stat. 451

   Source evidence

   Code source credit
   Mar. 16, 1934, ch. 71, § 2, 48 Stat. 451

   Enacted provision · exact public law section
   Sec. 2. Vol. 46, p. 813, amended. That section 9 of said Act, approved June 25, 1930, be, and the same is hereby, amended so as to read as follows: “Sec. 9. Capital stock, etc., ownership prohibited. The Commission shall have no capital stock or shares of interest or participation, and all revenues and receipts thereof No compensation. shall be applied to the purposes specified in this Act. The members of the Commission shall not be entitled to any compensation for Employment of secretary, experts, etc.; compensation. their services but may employ a secretary, treasurer, engineers, attorneys, and such other experts, assistants, and employees as they may deem necessary, who shall be entitled to receive such compensation as the Commission may determine. After all bonds and interest thereon shall have been paid and all other obligations of the Commission paid or discharged, or provision for all such payment shall have been made as hereinbefore provided, and after the bridge shall have been conveyed to the United States interests and the Canadian interests as herein provided, and any ferry or ferries Dissolution of Commission. shall have been sold, the Commission shall be dissolved and shall cease to have further existence by an order of the State highway commissioner of Michigan made upon his own initiative or upon application of the Commission or any member or members thereof, Public hearing. but only after a public hearing in the city of Port Huron, notice of the time and place of which hearing and the purpose thereof shall have been published once, at least thirty days before the date thereof, in a newspaper published in the city of Port Huron, Michigan, and a newspaper published in the city of Sarnia, Ontario. At the time of such dissolution all moneys in the hands of or to the credit of Division of money, in hand. the Commission shall be divided into two equal parts, one of which shall be paid to said United States interests and the other to said Canadian interests.”

2. 1958

   Pub. L. 85–585 § 1 · 72 Stat. 486

   Changed · 16 U.S.C. § 718b

   Pub. L. 85–585 increased cost of stamp from $2 to $3

   Source evidence

   Code amendment note
   Pub. L. 85–585 increased cost of stamp from $2 to $3.

   Effective date note
   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 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.”

3. 1971

   Pub. L. 92–214 · 85 Stat. 777

   1. Substituted · 16 U.S.C. § 718b

      Pub. L. 92–214 substituted “Postal Service” for “Post Office Department” and “Postmaster General”

   2. Inserted · 16 U.S.C. § 718b

      Pub. L. 92–214 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

   Source evidence

   Code amendment note
   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.

4. 1976

   Wetlands Loan Extension Act of 1976

   Pub. L. 94–215 § 3(b) · 90 Stat. 189

   1. Substituted · 16 U.S.C. § 718b

      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

   2. Inserted · 16 U.S.C. § 718b

      Pub. L. 94–215 authorized sale of stamps by the Department of the Interior, inserted provision respecting deposit of funds from sale of stamps by the Department of the Interior in the migratory bird conservation fund;

   3. Substituted · 16 U.S.C. § 718b

      Pub. L. 94–215 authorized sale of stamps by the Department of the Interior, substituted “September” for “June” in relation to redemption of blocks of stamps

   4. Amended · 16 U.S.C. § 718b

      Pub. L. 94–215 authorized sale of stamps by the Department of the Interior, designated existing provisions as cls. (A) and (B)

   5. Substituted · 16 U.S.C. § 718b

      Pub. L. 94–215 authorized sale of stamps by the Department of the Interior, substituted “consignment to any person, including, but not limited to, “retail dealers” for “consignment to retail dealers” in cl. (B), respectively

   6. Substituted · 16 U.S.C. § 718b

      Pub. L. 94–215 authorized sale of stamps by the Department of the Interior, substituted “by any such person” for “by such dealers” in cl. (B), respectively

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (b) The first sentence of section 2 of such Act of March 16, 1934 (16 U.S.C. 718b) is amended to read as follows: “The stamps required by section 1 of this Act 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 4 of this Act.”.

5. 1976

   Fiscal Year Adjustment Act

   Pub. L. 94–273 § 34 · 90 Stat. 375

   1. Substituted · 16 U.S.C. § 718b

      Pub. L. 94–273 substituted “the year” for “the fiscal year”

   2. Substituted · 16 U.S.C. § 718b

      Pub. L. 94–273 substituted “each year” for “each fiscal year”

   Source evidence

   Code amendment note
   Pub. L. 94–273 substituted “the year” for “the fiscal year” and “each year” for “each fiscal year”.

   Enacted provision · exact public law section
   Sec. 34. The Migratory Bird Hunting Stamp Act of March 16, 1934 (48 Stat 452), as amended (16 U.S.C. 718 et seq.), is amended by deleting the word “fiscal” wherever it appears therein.

6. 1978

   Pub. L. 95–552 § 1(1) · 92 Stat. 2071

   1. Amended · 16 U.S.C. § 718b(a)

      Pub. L. 95–552, § 1(1), (2), designated existing provisions as subsec. (a)

   2. Inserted · 16 U.S.C. § 718b(a)

      Pub. L. 95–552, § 1(1), (2), 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”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 95–552, § 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”.

   Enacted provision · exact public law section
   (1) by inserting “(a)” immediately before the first word thereof;

7. 1978

   Pub. L. 95–552 § 1(3) · 92 Stat. 2071

   Added · 16 U.S.C. § 718b(b)

   Pub. L. 95–552, § 1(3), added subsec. (b)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–552, § 1(3), added subsec. (b).

   Enacted provision · exact public law section
   (1) by inserting “(a)” immediately before the first word thereof;

8. 1978

   Fish and Wildlife Improvement Act of 1978

   Pub. L. 95–616 § 7(a) · 92 Stat. 3110

   Substituted · 16 U.S.C. § 718b(a)

   Pub. L. 95–616 substituted “June” for “September” in sixth sentence

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–616 substituted “June” for “September” in sixth sentence.

   Enacted provision · exact public law section
   (a) Section 2 of the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718b) is amended by striking out “September” in the sixth sentence thereof and inserting in lieu thereof “June”.

9. 1986

   Pub. L. 99–625 § 3 · 100 Stat. 3500

   1. Amended · 16 U.S.C. § 718b(b)

      Pub. L. 99–625 and Pub. L. 99–645, § 202(3), amended subsec. (b) identically

   2. Inserted · 16 U.S.C. § 718b(b)

      Pub. L. 99–625 and Pub. L. 99–645, § 202(3), inserting “available for obligation” before “attributable to”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 99–625 and Pub. L. 99–645, § 202(3), amended subsec. (b) identically, inserting “available for obligation” before “attributable to”.

   Enacted provision · exact public law section
   SEC. 3. DUCK STAMP ACT. The first sentence of section 2(b) of the Act of March 16, 1934 (16 U.S.C. 718b), commonly known as the Duck Stamp Act, is amended by inserting “available for obligation and” before “attributable to”.

10. 1986

    Emergency Wetlands Resources Act of 1986

    Pub. L. 99–645 § 202(1) · 100 Stat. 3582

    Substituted · 16 U.S.C. § 718b(b)

    Pub. L. 99–645, § 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”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–645, § 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”.

    Enacted provision · exact public law section
    (1) by striking out “$7.50” and inserting in lieu thereof “$10.00”;

11. 2006

    Electronic Duck Stamp Act of 2005

    Pub. L. 109–266 § 10(b) · 120 Stat. 670

    Inserted · 16 U.S.C. § 718b

    Pub. L. 109–266, § 10(b), inserted section catchline

    Source evidence

    Code amendment note
    Pub. L. 109–266, § 10(b), inserted section catchline.

    Enacted provision · exact public law section
    (b) Sales; Fund Disposition; Unsold Stamps.— Section 2 of the Act of March 16, 1934 (16 U.S.C. 718b) is amended by striking “Sec. 2.” and all that follows through the end of subsection (a) and inserting the following: “SEC. 2. SALES; FUND DISPOSITION; UNSOLD STAMPS. “(a) Sales.— “(1) In general.— The stamps required under section 1 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 Act by the Department of the Interior shall be deposited in the Migratory Bird Conservation Fund in accordance with section 4. “(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 Act 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.— Deadline. 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 Act 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 Act to any individual, business, or organization; or “(B) redeem stamps issued under this Act that are sold on consignment by the Secretary (or any agent of the Secretary).” .

12. 2006

    Electronic Duck Stamp Act of 2005

    Pub. L. 109–266 § 10(b) · 120 Stat. 670

    1. Added · 16 U.S.C. § 718b(a)

       Pub. L. 109–266, § 10(b), added subsec. (a)

    2. Struck · 16 U.S.C. § 718b(a)

       Pub. L. 109–266, § 10(b), struck out former subsec. (a) which related to issuance and sale of stamps, fund disposition, and unsold stamps

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (b) Sales; Fund Disposition; Unsold Stamps.— Section 2 of the Act of March 16, 1934 (16 U.S.C. 718b) is amended by striking “Sec. 2.” and all that follows through the end of subsection (a) and inserting the following: “SEC. 2. SALES; FUND DISPOSITION; UNSOLD STAMPS. “(a) Sales.— “(1) In general.— The stamps required under section 1 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 Act by the Department of the Interior shall be deposited in the Migratory Bird Conservation Fund in accordance with section 4. “(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 Act 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.— Deadline. 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 Act 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 Act to any individual, business, or organization; or “(B) redeem stamps issued under this Act that are sold on consignment by the Secretary (or any agent of the Secretary).” .

13. 2006

    Electronic Duck Stamp Act of 2005

    Pub. L. 109–266 § 10(c)(4) · 120 Stat. 670

    Struck · 16 U.S.C. § 718b(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 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

    Source evidence

    Code amendment note
    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 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.

    Enacted provision · exact public law section
    (4) in paragraph (2), by striking “For purposes” and all that follows through “of any such year.”.

14. 2006

    Electronic Duck Stamp Act of 2005

    Pub. L. 109–266 § 10(c)(1) · 120 Stat. 670

    1. Inserted · 16 U.S.C. § 718b(b)

       Pub. L. 109–266, § 10(c)(1)–(3), inserted heading

    2. Substituted · 16 U.S.C. § 718b(b)

       Pub. L. 109–266, § 10(c)(1)–(3), substituted “Secretary” for “Secretary of the Interior” in introductory provisions

    3. Substituted · 16 U.S.C. § 718b(b)

       Pub. L. 109–266, § 10(c)(1)–(3), substituted “Migratory Bird Conservation Fund” for “migratory bird conservation fund” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–266, § 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.

    Enacted provision · exact public law section
    (1) by striking “(b) The” and inserting the following: “(b) Cost of Stamps.— The” ;

15. 1956

    Electronic Duck Stamp Act of 2005

    Pub. L. 109–266 § 10(i)(1) · 120 Stat. 670

    Substituted · 16 U.S.C. § 718b

    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 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

    Source evidence

    Code amendment note
    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 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.

    Enacted provision · exact public law section
    (1) 16 USC 718b, 718i. by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

16. 2014

    Federal Duck Stamp Act of 2014

    Pub. L. 113–264 § 2(1) · 128 Stat. 2939

    Substituted · 16 U.S.C. § 718b(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (1) in section 2(b) (16 U.S.C. 718b(b))— (A) by striking “1990, and” and inserting “1990,”; and (B) by striking “for each hunting year thereafter” and inserting “for hunting years 1991 through 2013, and $25 for each hunting year thereafter”;

17. 2014

    Federal Duck Stamp Act of 2014

    Pub. L. 113–264 § 2(2) · 128 Stat. 2939

    Added · 16 U.S.C. § 718b(c)

    Pub. L. 113–264, § 2(2), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 113–264, § 2(2), added subsec. (c).

    Enacted provision · exact public law section
    (2) by adding at the end of section 2 (16 U.S.C. 718b) the following: “(c) Reduction in Price of Stamp.— Determination. 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 revenues deposited into the fund.” ; and

26 of 29 references resolved to an enrolled provision · 3 partial