§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, §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(b), 70 Stat. 722 ; 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 .)

Amendments

1986-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".

Pub. L. 99–625 and Pub. L. 99–645, §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, §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, §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, §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, §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.