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Title 16 — Conservation

Chapter 7 — Protection of Migratory Game and Insectivorous Birds

§ 718e. Loans and transfers, alteration, and reproduction of stamps

Statutory text

(a)

In general

No person to whom has been sold a Migratory Bird Hunting and Conservation Stamp, validated as provided in section 718a of this title, shall loan or transfer such stamp to any person during the period of its validity; nor shall any person other than the person validating such stamp use it for any purpose during such period.

(b)

Alteration

Except as provided in clauses (i) and (ii) of section 504(l)(D) 1 of title 18, no person shall alter, mutilate, imitate, or counterfeit any stamp authorized by this subchapter, or imitate or counterfeit any die, plate, or engraving therefor, or make, print, or knowingly use, sell, or have in his possession any such counterfeit, die, plate, or engraving.

(c)

Reproduction

Notwithstanding the provisions of subsection (b), or the prohibition in section 474 of title 18, or other provisions of law, the Secretary may authorize, with the concurrence of the Secretary of the Treasury,

(1)

the color reproduction, or

(2)

the black and white reproduction,

of Migratory Bird Hunting and Conservation Stamps authorized by sections 718 to 718b, 718c, 718d, and 718f to 718h of this title, which otherwise satisfies the requirements of clauses (ii) and (iii) of section 504(1) of title 18. Any such reproduction shall be subject to those terms and conditions deemed necessary by the Secretary by regulation or otherwise and any proceeds received by the Federal Government as a result of such reproduction shall be paid, after deducting expenses for marketing, into the Migratory Bird Conservation Fund established under section 718d of this title.

Footnotes

  1. 1 So in original. Probably should be “504(1)(D)”.

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. Pub. L. 73–71 § 5 · 48 Stat. 139

    Enacted · 16 U.S.C. § 718e

    Mar. 16, 1934, ch. 71, § 5, 48 Stat. 452

    Source evidence

    Code source credit
    Mar. 16, 1934, ch. 71, § 5, 48 Stat. 452

  2. Tax Reform Act of 1984

    Pub. L. 98–369 § 1077(b)(3) · 98 Stat. 494

    Substituted · 16 U.S.C. § 718e(b)

    Pub. L. 98–369, § 1077(b)(3), substituted “Except as provided in clauses (i) and (ii) of section 504(1)(D) of title 18, no person” for “No person”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–369, § 1077(b)(3), substituted “Except as provided in clauses (i) and (ii) of section 504(1)(D) of title 18, no person” for “No person”.

    Enacted provision · exact public law section
    (3) Subsection (b) of section 5 of the Act referred to in subsection 16 USC 718e. (a) is amended by striking out “No person” and inserting in lieu thereof “Except as provided in clauses (i) and (ii) of section 504(1)(D) of title 18, United States Code, no person”.

    Effective date note
    Pub. L. 98–369, div. A, title X, § 1077(c), July 18, 1984, 98 Stat. 1055, provided that: “The amendments made by this section [amending this section and section 504 of Title 18, Crimes and Criminal Procedure] shall take effect on the date of the enactment of this Act [July 18, 1984].”

  3. Tax Reform Act of 1984

    Pub. L. 98–369 § 1077(a) · 98 Stat. 494

    Added · 16 U.S.C. § 718e(c)

    Pub. L. 98–369, § 1077(a), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 98–369, § 1077(a), added subsec. (c).

    Enacted provision · exact public law section
    (a) In General.— Section 5 of the Act of March 16, 1934 (48 Stat. 451, Chapter 71; 16 U.S.C. 718e) is amended by adding at the end thereof the following new subsection: “(c) Notwithstanding the provisions of subsection (b), or the prohibition in section 474 of title 18, United States Code, or other provisions of law, the Secretary of the Interior may authorize, with the concurrence of the Secretary of the Treasury, “(1) the color reproduction, or “(2) the black and white reproduction, of migratory bird hunting stamps authorized by sections 1 through 4 and 6 through 9 of this Act, which otherwise satisfies the requirements of clauses (ii) and (iii) of section 504(1) of title 18, United States Code. Any such reproduction shall be subject to those terms and conditions deemed necessary by the Secretary of the Interior by regulation or otherwise and any proceeds received by the Federal Government as a result of such reproduction shall be paid into the migratory bird conservation fund established under section 4 of this Act.”

    Effective date note
    Pub. L. 98–369, div. A, title X, § 1077(c), July 18, 1984, 98 Stat. 1055, provided that: “The amendments made by this section [amending this section and section 504 of Title 18, Crimes and Criminal Procedure] shall take effect on the date of the enactment of this Act [July 18, 1984].”

  4. Pub. L. 100–653 title III § 302 · 102 Stat. 3825

    Inserted · 16 U.S.C. § 718e(c)

    Pub. L. 100–653 inserted “, after deducting expenses for marketing,” after “paid”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–653 inserted “, after deducting expenses for marketing,” after “paid”.

    Enacted provision · exact public law section
    SEC. 302. MIGRATORY BIRD HUNTING STAMP ACT AMENDMENT. Section 5 of the Act of March 16, ¡934 (commonly known as the Migratory Bird Hunting Stamp Act; 16 U.S.C. 718e(c)) is amended in the second sentence by inserting after “paid” the following: “, after deducting expenses for marketing,”.

  5. Electronic Duck Stamp Act of 2005

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

    Inserted · 16 U.S.C. § 718e

    Pub. L. 109–266, § 10(f)(1), inserted section catchline

    Source evidence

    Code amendment note
    Pub. L. 109–266, § 10(f)(1), inserted section catchline.

    Enacted provision · exact public law section
    (1) by striking “Sec. 5. (a) That no person to whom has been sold a migratory-bird hunting stamp,” and inserting the following: “SEC. 5. LOANS AND TRANSFERS, ALTERATION, AND REPRODUCTION OF STAMPS. “(a) In General.— No person to whom has been sold a Migratory Bird Hunting and Conservation Stamp,” ;

  6. Electronic Duck Stamp Act of 2005

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

    1. Inserted · 16 U.S.C. § 718e(a)

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

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

      Pub. L. 109–266, § 10(f)(1), substituted “Migratory Bird Hunting and Conservation Stamp” for “migratory-bird hunting stamp” in text

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–266, § 10(f)(1), inserted heading and substituted “Migratory Bird Hunting and Conservation Stamp” for “migratory-bird hunting stamp” in text.

    Enacted provision · exact public law section
    (1) by striking “Sec. 5. (a) That no person to whom has been sold a migratory-bird hunting stamp,” and inserting the following: “SEC. 5. LOANS AND TRANSFERS, ALTERATION, AND REPRODUCTION OF STAMPS. “(a) In General.— No person to whom has been sold a Migratory Bird Hunting and Conservation Stamp,” ;

  7. Electronic Duck Stamp Act of 2005

    Pub. L. 109–266 § 10(f)(2) · 120 Stat. 670

    1. Inserted · 16 U.S.C. § 718e(b)

      Pub. L. 109–266, § 10(f)(2), inserted heading

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

      Pub. L. 109–266, § 10(f)(2), substituted “Except as provided in clauses (i) and (ii) of section 504(l)(D) of title 18, no person shall alter” for “Except as provided in clauses (i) and (ii) of section 504(1)(D) of title 18, no person shall alter” in text

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–266, § 10(f)(2), inserted heading and substituted “Except as provided in clauses (i) and (ii) of section 504(l)(D) of title 18, no person shall alter” for “Except as provided in clauses (i) and (ii) of section 504(1)(D) of title 18, no person shall alter” in text.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking “(b)” and all that follows through “shall alter” and inserting the following: “(b) Alteration.— Except as provided in clauses (i) and (ii) of section 504(l)(D) of title 18, United States Code, no person shall alter” ;

  8. Electronic Duck Stamp Act of 2005

    Pub. L. 109–266 § 10(f)(3)(C)(ii) · 120 Stat. 670

    Substituted · 16 U.S.C. § 718e(c)

    Pub. L. 109–266, § 10(f)(3)(C)(ii), which directed substitution of “shall be paid, after deducting expenses for marketing, into the Migratory Bird Conservation Fund” for “shall be paid into the migratory bird conservation fund” in concluding provisions, was executed by making the substitution for “shall be paid, after deducting expenses for marketing, into the migratory bird conservation fund” to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 109–266, § 10(f)(3)(C)(ii), which directed substitution of “shall be paid, after deducting expenses for marketing, into the Migratory Bird Conservation Fund” for “shall be paid into the migratory bird conservation fund” in concluding provisions, was executed by making the substitution for “shall be paid, after deducting expenses for marketing, into the migratory bird conservation fund” to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (ii) by striking “shall be paid into the migratory bird conservation fund” and inserting “shall be paid, after deducting expenses for marketing, into the Migratory Bird Conservation Fund”.

  9. Electronic Duck Stamp Act of 2005

    Pub. L. 109–266 § 10(f)(3)(A) · 120 Stat. 670

    1. Inserted · 16 U.S.C. § 718e(c)

      Pub. L. 109–266, § 10(f)(3)(A), (B), (C)(i), inserted heading

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

      Pub. L. 109–266, § 10(f)(3)(A), (B), (C)(i), substituted “Secretary may” for “Secretary of the Interior may” in introductory provisions

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

      Pub. L. 109–266, § 10(f)(3)(A), (B), (C)(i), substituted “Secretary” for “Secretary of the Interior” in concluding provisions

    4. Substituted · 16 U.S.C. § 718e(c)

      Pub. L. 109–266, § 10(f)(3)(A), (B), (C)(i), substituted “Migratory Bird Hunting and Conservation Stamps” for “migratory bird hunting stamps” in concluding provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–266, § 10(f)(3)(A), (B), (C)(i), inserted heading, substituted “Secretary may” for “Secretary of the Interior may” in introductory provisions, and substituted “Secretary” for “Secretary of the Interior” and “Migratory Bird Hunting and Conservation Stamps” for “migratory bird hunting stamps” in concluding provisions.

    Enacted provision · exact public law section
    (A) by striking “(c) Notwithstanding” and inserting the following: “(c) Reproduction.— Notwithstanding” ;

13 of 14 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1935–2006 · 4 rounds

2006

Pub. L. 109–266, § 10(f)(1), inserted section catchline.

Subsec. (a). Pub. L. 109–266, § 10(f)(1), inserted heading and substituted “Migratory Bird Hunting and Conservation Stamp” for “migratory-bird hunting stamp” in text.

Subsec. (b). Pub. L. 109–266, § 10(f)(2), inserted heading and substituted “Except as provided in clauses (i) and (ii) of section 504(l)(D) of title 18, no person shall alter” for “Except as provided in clauses (i) and (ii) of section 504(1)(D) of title 18, no person shall alter” in text.

Subsec. (c). Pub. L. 109–266, § 10(f)(3)(C)(ii), which directed substitution of “shall be paid, after deducting expenses for marketing, into the Migratory Bird Conservation Fund” for “shall be paid into the migratory bird conservation fund” in concluding provisions, was executed by making the substitution for “shall be paid, after deducting expenses for marketing, into the migratory bird conservation fund” to reflect the probable intent of Congress.

Pub. L. 109–266, § 10(f)(3)(A), (B), (C)(i), inserted heading, substituted “Secretary may” for “Secretary of the Interior may” in introductory provisions, and substituted “Secretary” for “Secretary of the Interior” and “Migratory Bird Hunting and Conservation Stamps” for “migratory bird hunting stamps” in concluding provisions.

1988

Subsec. (c). Pub. L. 100–653 inserted “, after deducting expenses for marketing,” after “paid”.

1984

Subsec. (b). Pub. L. 98–369, § 1077(b)(3), substituted “Except as provided in clauses (i) and (ii) of section 504(1)(D) of title 18, no person” for “No person”.

Subsec. (c). Pub. L. 98–369, § 1077(a), added subsec. (c).

1935

Act , amended section generally.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–369, div. A, title X, § 1077(c), , 98 Stat. 1055, provided that: “The amendments made by this section [amending this section and section 504 of Title 18, Crimes and Criminal Procedure] shall take effect on the date of the enactment of this Act [].”

Credits

1934–2006 · 5 acts
  1. 1934Mar. 16, 1934, ch. 71, § 5, 48 Stat. 452
  2. 1935June 15, 1935, ch. 261, title I, § 5, 49 Stat. 380
  3. 1984Pub. L. 98–369, div. A, title X, § 1077(a), (b)(3), , 98 Stat. 1054, 1055
  4. 1988Pub. L. 100–653, title III, § 302, , 102 Stat. 3827
  5. 2006Pub. L. 109–266, § 10(f), , 120 Stat. 677.
Show as published

(Mar. 16, 1934, ch. 71, § 5, 48 Stat. 452; June 15, 1935, ch. 261, title I, § 5, 49 Stat. 380; Pub. L. 98–369, div. A, title X, § 1077(a), (b)(3), , 98 Stat. 1054, 1055; Pub. L. 100–653, title III, § 302, , 102 Stat. 3827; Pub. L. 109–266, § 10(f), , 120 Stat. 677.)

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