Application Package

APPLICATION PACKAGE
Department of the Interior
Fish and Wildlife Service
Application to Participate in the
Electronic Federal Duck Stamp Pilot Program
Program to Begin September 1, 2007
Application Deadline – June 1, 2007

The Office of Management and Budget has granted emergency approval for the collection of
information relating to the application to participate in the Electronic Federal Duck Stamp Pilot
Program, to meet the requirements of the Electronic Duck Stamp Act of 2005 (Pub. L. 109-266). OMB
has assigned OMB Control No. 1018-0XXX, which expires XX/XX/2007.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501), the Fish and Wildlife
Service will seek OMB’s approval for the reporting requirements mandated in Pub. L. 109-266 for a 3year term. We may not conduct or sponsor and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number.

TABLE OF CONTENTS
SECTION 1 - BACKGROUND
SECTION 2 - INSTRUCTIONS
APPLICATION SUBMISSION TERMS AND CONDITIONS
SAMPLE TRANSMITTAL LETTER
DRAFT MEMORANDUM OF UNDERSTANDING
SECTION 3 - EVALUATION METHODOLOGY
MINIMUM REQUIREMENTS
SELECTION OF THE BEST APPLICANT
SELECTION CRITERIA
SECTION 4 - APPLICATION
SELECTION FACTOR 1: The responsiveness of the State to the eligibility requirements
of the act.
SELECTION FACTOR 2: State’s responsiveness to the pilot program application
requirements.
SELECTION FACTOR 3: Stamp Requirements- Service Director will require an
electronic stamp issued by a State under the pilot program have specific characteristics.
SELECTION FACTOR 4: Guaranteed delivery of the physical stamp to the customer
and improved customer service and convenience.
SELECTION FACTOR 5: State’s agreement to the terms and conditions outlined in the
general agreement governing the pilot program.
SELECTION FACTOR 6: Experience and financial capability.
SECTION 5 – CONTACT AND APPLICATION SUBMISSION INFORMATION
SECTION 6 - EXHIBITS
A:
B:
C:
D.

Amplex Data Transmittal Requirements
Service Approved Handling Rates
Electronic Funds Transfer Requirements
Copy of P.L. 109-266

BACKGROUND
The Director of the U. S. Fish and Wildlife Service announces the opportunity for up to
15 State fish and wildlife agencies to participate in a 3-year pilot program to issue
Federal Migratory Hunting and Conservation Stamps through their electronic sales
outlets. The Director takes this action pursuant to the Electronic Duck Stamp Act of
2005 (P.L. 109-266).
The intent of the application is to determine a State’s eligibility to participate in this 3year pilot program. The program is expected to enhance the ability of the public to
obtain required Federal Duck Stamps through the use of electronic technology,
promoting greater public participation and, therefore, increasing the number of stamps
sold.
Mission of the Federal Duck Stamp Office
The Federal Migratory Bird Hunting and Conservation Stamp, commonly known as “the
Duck Stamp,” is a pictorial stamp produced by the U.S. Postal Service for the U.S. Fish
and Wildlife Service. It is not valid for postage. Originally created in 1934 as a Federal
license required for hunting migratory birds, any hunter over the age of 16 must possess
a Federal Duck stamp. The Federal Duck Stamp has a much larger purpose today.
The Federal Duck Stamp is a vital tool for wetland conservation. Ninety-eight cents of
every dollar generated by the sale of Federal Duck Stamps goes directly to purchase or
lease wetland habitat for protection in the National Wildlife Refuge System.
Understandably, the Federal Duck Stamp Program has been called one of the most
successful conservation programs ever initiated and is a highly effective way to
conserve America’s natural resources.
P.L. 109-266 requires that the Secretary of the Interior conduct a 3-year pilot program
under which up to 15 states authorized by the Secretary may issue electronic Federal
Duck Stamps. There are currently 40 States that utilize internet, point of sale, or
telephonic sales of their hunting and fishing licenses. The application process will lead
to the selection of up to 15 eligible participants for this pilot program.

INSTRUCTIONS
Applicants for this program must respond to all sections of the application package. An
applicant is required to submit a letter of transmittal, answer all the questions in Section
4 (FWS Form 3-2341) of this application package and submit the required supporting
documentation.
APPLICATION SUBMISSION TERMS AND CONDITIONS
The Application Transmittal Letter shown below indicates applicant’s acceptance of the
terms and conditions of the E-Duck Stamp Pilot Program as presented in this package
and attached draft Memorandum of Understanding.
The letter must bear original signatures and be included in the State’s response
package. The Service will review the entire application package to determine whether
the applicant accepts the terms and conditions of the application process and draft
Memorandum of Understanding. If not, your application will not be accepted.
The official executing this application package on behalf of the State must have
authority to make such representations on behalf of the State, and the official signing
the Memorandum of Understanding with the Service must have the legal authority to
obligate the State to be financially and managerially responsible for carrying out the
terms of the agreement. In addition, the State must unconditionally state and guarantee
in its application that the State will provide all funding, management and/or other
resources necessary to conduct a program in accordance with the application package
and the Memorandum of Understanding with the Service.

Sample Transmittal Letter
To: Director
U.S. Fish and Wildlife Service
C/O Federal Duck Stamp Office
4501 North Fairfax Drive
Arlington, VA 22203
Dear Director:
The Department of _________ (State) hereby agrees to participate in the E-Duck stamp
pilot program in accordance with the terms and conditions provided in the application
issued by the public notice as listed on ________.gov and to execute the Memorandum
of Understanding with the Service without substantive modification (except as may be
required by the Fish and Wildlife Service pursuant to the terms of the application).
The State’s "APPLICATION" is enclosed with this letter. The State certifies that the
information furnished herewith is complete, true, and correct.
The State agrees to meet all the minimum requirements of the application, eligibility
requirements and that all of the mandatory information specified in the application is
also provided.
The State, by submitting this Application hereby agrees, if selected for participation in
the E- Duck stamp pilot program:
1. To the minimum requirements as identified in Section 3 of this application
package.
2. To complete the State’s execution of the Memorandum of Understanding within thirty
working days after it is presented by the Fish and Wildlife Service.
3. To commence operations under the Memorandum of Understanding on or before
September 1, 2007.
4. To operate under the current, Service-approved rates for handling charges to
consumers, including State cost recovery rates approved by the Service.
BY ___________________________ DATE_______________________
(Type or Print Name)
ORIGINAL SIGNATURE_______________________________________________
TITLE _________________________________________________________
ADDRESS _____________________________________________________

This is a draft Memorandum of Understanding (MOU). The final MOU for each
State will be tailored as permitted to address individual State issues. This draft is
provided to outline the requirements addressed in the legislation.

DRAFT
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE U.S. FISH AND WILDLIFE SERVICE
AND THE STATE OF ______________________
I. AUTHORITY
This memorandum of understanding (MOU) between the Secretary of the Interior acting
through the Director, U.S. Fish and Wildlife Service (hereinafter referred to as the
“Service”) and the State of _________ (hereinafter referred to as the “State”), and jointly
referred to as the “Cooperators”, is entered into under the authority of Fish and Wildlife
Coordination Act of 1934 (16 USC 718a et seq.), as amended; and “Electronic Duck
Stamp Act of 2005 (P.L. 109-266).
II. BACKGROUND
On March 16, 1934, Congress passed, and President Roosevelt signed, the Migratory
Bird Hunting Stamp Act, (popularly known as the “Duck Stamp Act”), requiring all
migratory waterfowl hunters 16 years of age or older to buy a Federal migratory bird
hunting and conservation stamp annually. Since that time, the Federal Duck Stamp
program has become one of the most popular and successful conservation programs
ever initiated. Proceeds from Duck Stamp sales have been used to purchase about 5.2
million acres of migratory waterfowl habitat on the more than 540 national wildlife
refuges.
The Electronic Duck Stamp Act requires that the Secretary conduct a 3-year pilot
program under which up to 15 States, authorized by the Secretary, may issue electronic
Federal Duck Stamps.
III. PURPOSE AND OBJECTIVES
This MOU between the Service and the State is entered into to facilitate an orderly
implementation and management of the 3-year pilot program. The purpose of this MOU
is to outline the duties of both the Service and the State in this process and for
evaluating the success of the 3-year pilot program.

IV. RESPONSIBILITIES OF THE PARTIES
A. The Service shall:
1.

Permit the State to issue Migratory Bird Hunting and Conservation Stamps
through the State’s Electronic Licensing System as outlined and accepted
through the application process and this MOU.

2.

Confer with the State regarding customer service issues to help resolve
those issues.

3.

Provide the State with a fulfillment center that will issue the physical
stamps within the specified 45-day time period.

4.

Review the handling charges imposed by the States to monitor cost
efficiencies.

5.

Provide State and Federal law enforcement personnel with information
and updates regarding the issuance and privileges accorded the E-Duck
stamp.

6.

Provide written notice to the State of any price change for the actual
stamp.

B. The State shall:
1.

Issue the Federal Migratory Bird Hunting and Conservation Stamp through
its own authorized electronic licensing system in accordance with the
application process and this MOU.

2.

Have a goal to provide an effective and convenient means for issuing
migratory bird hunting and conservation stamps.

3.

Work to increase the availability of those stamps and to
meet the State’s customer satisfaction objectives.

4.

Support the Duck Stamp as an effective and viable conservation tool.

5.

Assist in maintaining adequate retail availability of the stamp by not
promoting the electronic stamp as the only choice available to customers.

6.

Issue an electronic stamp that contains a unique identifier for the
individual to whom it is issued.

7.

Supply the customer with a printed proof of purchase.

8.

Provide the Service with any updates to laws, regulations or policies
related to the State’s Electronic licensing system.

9.

Send weekly sales accounts to Amplex Corporation through a secure File
Transfer Protocol with SSL 28-bit encryption as outlined by Amplex
Corporation, the fulfillment center, in the Application guidance in Exhibit A.

10.

Send all payments to Amplex Corporation as specified in the State’s
application, preferably through the specified electronic banking system.

11.

Provide the State’s own law enforcement personnel with information and
updates regarding the issuance and privileges accorded the stamp.

V. General Provisions:
A.

The Cooperators will mutually establish policies and procedures for handling
customer complaints and for issuing duplicate electronic duck stamps (lost or
stolen).

B.

The State will provide information and assist the Service in monitoring and
evaluating the efficiency and effectiveness of the pilot program to facilitate
customer service and convenience.

C.

The Cooperators will acknowledge the State, Service, and the Duck Stamp
Office’s cooperation and collaboration in all facets of publicity in any materials
referencing the pilot program and other informational materials promoting this
partnership;

D.

State Government Relations staff or other designated contact will work with and
assist the Service’s office of Congressional and Legislative Affairs to inform
relevant members of Congress about the pilot program, its progress and ultimate
results in a timely manner.

E.

Third party partners of either cooperator will seek prior approval of all press
releases, advertisements or any other materials produced to announce or
promote the E-stamp pilot program and are subject to the same review
conditions as the agreement’s primary cooperators. This does not prevent third
third parties from publishing the availability of the stamp at their location.

F.

The Cooperators will meet primarily by conference call or in conjunction with a
regularly scheduled meeting of the Association of Fish and Wildlife Agencies to
assess the pilot program and evaluate its efficiency. This schedule is to be
determined by the committee involved in the evaluation.

H.

The Cooperators will obtain mutual approval for any press release concerning
this MOU which refers to the Department of the Interior or any bureau or

employee (by name or title), or the State agency or its employees. The specific
text, layout, photographs, etc. of the proposed release must be submitted for
review and approved by both cooperators prior to publication.
VI.

Administrative Provisions:

A.

Nothing in this MOU shall obligate the State, Service, or the United States to any
current or future expenditure of resources in the absence or in advance of the
availability of appropriations.

B.

This MOU is neither a fiscal nor a funds obligation document. Any endeavor
involving reimbursement or contribution of funds between the cooperators will be
handled in accordance with applicable laws, regulations, and procedures
including those for Government procurement and printing.

C.

This MOU is subject to all applicable Federal laws, regulations, and guidelines,
and nothing in this MOU is intended to conflict with any existing law, regulation,
or guideline of the United States including any policy or procedure of the
Department of the Interior or the Service.

D.

The Service and the State agree to be responsible for damages to their own
property and injuries to their own employees and volunteers.

E.

Cooperators agree to assume liability for any and all claims by third parties
arising from the acts or omissions of their respective employees or
representatives to the greatest extent provided by law.

F.

This MOU is not intended to create an exclusive relationship between the Service
and the State with respect to promoting the public awareness of the Federal
Duck Stamp and the importance of the Federal Duck Stamp program
administered by the Service.

G.

Nothing in this MOU may be interpreted to imply that the United States, the
Department of the Interior, or the Service endorses any product, service or policy
of the State. The State will not take any action or make any statement that
implies such an endorsement.

H.

During the performance of this MOU, the participants agree to abide by the terms
of the U.S. Department of the Interior-Civil Rights Assurance Certification, nondiscrimination, and will not discriminate against any person because of race,
color, religion, sex, or national origin. The participants will take affirmative action
to ensure that applicants are employed without regard to their race, color, sexual
orientation, national origin, disabilities, religion, age, or sex.

VII.

Period of MOU

A.

The term of the MOU shall be for the period beginning with the execution of the
MOU by both parties and shall remain in effect until September 1, 2010, unless
terminated, modified or extended.

B.

This MOU may be modified, amended or supplemented by mutual consent of
both the Service and the State. The cooperators agree to seek a mutually
acceptable schedule to negotiate any modifications in the MOU.

C.

Either party may terminate this MOU by providing the other party with thirty (30)
days written notice. In the event that one party provides the other party with
notice of its intention to terminate, the cooperators will attempt to meet promptly
to discuss the reason for the notice and attempt to resolve any differences.

D.

The MOU may be executed in multiple counterparts, each of which shall be
deemed an original.

E.

The cooperators may agree to extend the term of this MOU provided that the
agreement to extend it is in writing and is signed by both parties.

VII.

Contacts for the parties:

A.

Service contact:
Patricia Fisher
Chief, Federal Duck Stamp Office
4401 North Fairfax Drive
Mail Stop MBSP-4070
Arlington, VA 22203

B. State Contact:
NAME
TITLE
ADDRESS

This MOU is entered into by H. Dale Hall Director, U.S. Fish and Wildlife Service and
___________________________________this ___ Day of _________, 2007.

U.S. Fish and Wildlife Service

__________________________

STATE

_________________________

(Signature)

(Signature)

H. Dale Hall
Director
U.S. Fish and Wildlife Service
1849 C. Street, NW
Washington, DC 20240

(_______________)

Date of execution: __________, 2007

EVALUATION METHODOLOGY
The minimum requirements for participation in the E-Duck Stamp Pilot Program are
identified in this section of the Application Package. If the State, in its transmittal letter,
does not agree to these minimum requirements, the Application will be considered
unsatisfactory.
MINIMUM REQUIREMENTS:
No application will be considered which fails to meet the minimum requirements
as determined by the Director. Such minimum requirements will include the
following:
1.
Issue the Federal Migratory Bird Hunting and Conservation Stamp through
its own authorized electronic licensing system.
2.
Have a goal to provide an effective and convenient means for issuing
migratory-bird hunting and conservation stamps.
3.
Have as another goal to increase the availability of those stamps and to
meet the State’s customer satisfaction objectives.
4.
Support the Duck Stamp as an effective and viable conservation tool.
5.
Assist in maintaining adequate retail availability of the stamp by not
promoting the electronic stamp as the only choice available to customers.
6.
Issue an electronic stamp that contains a unique identifier for the
individual to whom it is issued.
7.
Supply the customer with a printed proof of purchase.
8.
Provide the Service with any updates to laws, regulations or policies
related to the State’s Electronic licensing system.
9.
Send weekly sales accounts to Amplex Corporation through a secure File
Transfer Protocol with SSL 28-bit encryption as outlined by Amplex
Corporation, the fulfillment center, in the Application guidance in Exhibit A.
10.
Send all payments to Amplex Corporation as specified in the State’s
application, preferably through the specified electronic banking system.
11.
Provide the State’s own law enforcement personnel with information and
updates regarding the issuance and privileges accorded the stamp.

SELECTION OF THE BEST APPLICANTS
In selecting the best applicants, the Director will consider the following principal factors:
A.

The responsiveness of the application to the objectives of providing a costeffective and convenient means for issuing migratory-bird hunting and
conservation stamps,

B.

The experience and related background of the entity submitting the application,
including the past performance and expertise of such entity in providing the same
or similar services.

C.

The financial capability of the entity submitting the application regarding start-up
and maintenance costs.

SELECTION CRITERIA
The Director will apply the selection factors described in the application by assessing
each application under each of the selection factors on the basis of a yes/no question
often with a narrative explanation. For each selection factor, the Director will evaluate
the individual factors on the merits of the application comparing them to the other
proposals received, if any. If there are special concerns with specific factors, please
elaborate in the narrative section.

OMB Control No. 1018-XXXX
Expiration Date: XX/XX/XXXX

APPLICATION FOR PARTICIPATION IN THE
ELECTRONIC FEDERAL DUCK STAMP PROGRAM

SELECTION FACTOR 1. The responsiveness of the applicant to the eligibility
requirements of the act. (Scored: Satisfactory/Unsatisfactory)

1A.

The Applicant agrees to comply with all terms and conditions in the application
package including compliance with all applicable laws under the terms and
conditions specified in the draft Memorandum of Understanding.
____________Yes

1B.

__________No

The State must currently sell State hunting, fishing, and other associated
licenses and products through an established electronic system, including point
of sale, or internet, or telephonic systems.
Please provide information verifying the current systems the State utilizes.

1C.

The State must issue these electronic licenses through a State automated
licensing system authorized under State law;
Please provide the appropriate reference to the applicable state laws, or
regulations or policies that authorize the use of these electronic systems.

1D.

The State must agree to terms established by the Director, Fish and Wildlife
Service for this pilot program to issue Federal Migratory Bird Hunting and
Conservation electronic stamps.
Have you included your transmittal letter attesting to the State’s unconditional
concurrence with the terms and conditions of the MOU?
_______________Yes
__________________No

FWS Form 3-2341
04/07

OMB Control No. 1018-XXXX
Expiration Date: XX/XX/XXXX

1E.

For a State to include the Federal Migratory Bird Hunting and Conservation
Stamp in its portfolio, the electronic version of the actual stamp must contain a
unique identifier for the individual to whom it is issued.
Please provide an example and explanation of the codes your State
proposes to use to create and endorse this unique identifier.

1F.

For the State to include the Federal Migratory Bird Hunting and Conservation
Stamp in its portfolio, the electronic version of the actual stamp must have the
ability to be printed on paper; as “Fed Duck Stamp”.
Please enclose a mock up copy of the printed version of your state’s proposed
electronic stamp.
Please describe the format of the electronic stamp that the State will issue
under the pilot program, including identifying features of the licensee to be
specified on the stamp.

1G.

For the State to include the Federal Migratory Bird Hunting and Conservation
Stamp in its portfolio, the electronic version of the actual stamp must be
compatible with the hunting licensing system of that State.
Is the electronic version compatible with the system of your state?
____________Yes

______No

SELECTION FACTOR 2: State’s responsiveness to the pilot program application
requirements - narrative response (satisfactory/ unsatisfactory)
The law states that the Director may NOT approve a State application unless the
application contains the following information:

FWS Form 3-2341
04/07

OMB Control No. 1018-XXXX
Expiration Date: XX/XX/XXXX

2A.

Please describe any fees the State will charge for issuance of an electronic
stamp;

2B.

Please describe the process the State will use to account for and transfer the
amounts collected by the State to the fulfillment center as required under the
program;

The contractor available for fulfillment services is Amplex Corporation. Please examine
the requirement of the contractor (Exhibit A) in answering the following question.
2C.

Please describe how and when the State will transmit electronic stamp customer
data to the fulfillment center;

2D.

Please describe how the actual stamps will be delivered; this information should
include your choice of utilizing a consignment agreement with Amplex or direct
information transfer to Amplex Corporation.

2E.

Please supply a copy of the policies and procedures the State will use to issue
duplicate electronic stamps.

FWS Form 3-2341
04/07

OMB Control No. 1018-XXXX
Expiration Date: XX/XX/XXXX

2F.

Please supply a copy of other policies, procedures, and information that relate to
this program; i.e. , Are there separate policies in other permit language that may
influence this program?

SELECTION FACTOR 3 - Stamp Requirements- the Director will require an electronic
stamp issued by a State under the pilot program have specific characteristics.
3A.

Please provide information to show that the Federal Duck Stamp issued by your
State will have the same format as any other license, validation, or privilege the
State issues under the automated licensing system of the State.

3B.

Please demonstrate what specific identifying features of the licensee will appear
on the “point of sale”, telephonic or web receipt that are adequate to enable
Federal, State, and other law enforcement officers to identify the holder. Provide
physical copies or examples where possible.

3C.

Provide information and demonstrate how you will communicate to the purchaser
and law enforcement officials in your State:

.

That any electronic stamp issued by a State under the pilot program will,
during the effective period of the electronic stamp:
1.
2.

bestow upon the licensee the same privileges as are bestowed by an
actual stamp;
be nationally recognized as a valid Federal migratory bird hunting and
conservation stamp; and

FWS Form 3-2341
04/07

OMB Control No. 1018-XXXX
Expiration Date: XX/XX/XXXX

3.

authorize the purchaser to hunt migratory waterfowl in any other State, in
accordance with the laws of said State governing that hunting.

SELECTION FACTOR 4 - Guaranteed delivery of the physical stamp to the customer
and improved customer service and convenience.
4A.

An electronic stamp issued by a State under the pilot program will be valid for a
period of time, not to exceed 45 days. What action will you take to guarantee
timely information transfer to the fulfillment center which will allow them to meet
the time constraints in filling the order?

4B.

Please outline how your plan to resolve customer complaints regarding late,
incorrect orders or missing stamp deliveries.

SELECTION FACTOR 5 – State’s agreement to the terms and conditions outlined in the
Memorandum of Understanding governing the pilot program.
5A.

The State agrees to comply with all of the terms and conditions specified in the
Memorandum of Understanding, including its exhibits.
Yes_____________________

5B.

No________________________

Do you, the State; agree to operate at the current Service approved handling
rates (Exhibit B) during the term of the pilot until such time as a new handling

FWS Form 3-2341
04/07

OMB Control No. 1018-XXXX
Expiration Date: XX/XX/XXXX

rate schedule is approved by the Director justifying cost recovery. (A selected
State may request a handling rate increase at any time after the selection of the
State is made by the Service.)
Yes________________________
5C.

No _______________________

If the State wishes to operate their own fulfillment operations, does the State
agree to accept the operating terms of the optional fulfillment opportunity as
outlined by Amplex on their consignment web-site? (www.duckstamp.com)
Yes_________________________ No_________________________

5D.

Does the State agree to implement an equal opportunity program and comply
with the terms of the equal opportunity and handicapped access requirements of
the draft Memorandum of Understanding?
Yes__________________ No ______________________________

5E.

Does the State agree to meet the public liability and property insurance
requirements of the draft Memorandum of Understanding?
Yes_____________________ No ______________________________

5F.

Does the State agree to the use of Electronic Funds Transfer (Exhibit C) in
transmitting funds to the State selected fulfillment center?
Yes ____________________________ No ______________________

SELECTION FACTOR 6 – Experience and financial capability. Narrative/Statistical –
(Satisfactory/Unsatisfactory)
Congress has not appropriated funds to the Service to support this Pilot Program. The
selected States understand, and concur that there will be no funding provided by the
Service to either launch or manage this program.
The Service believes that past experience provides a reasonable indication of how we
may expect the electronic Duck Stamp sales to perform. Please provide example(s) of
your State’s experience in the operation and management of electronic licensing
systems including any information you might have on customer satisfaction. Also,
please provide information on the number of transactions for each individual system
(web, phone or point-of-sale) for the years the system has been in operation, up to 6
years. This will assist us in determining a base line and measure for future performance
with this method of sales.

FWS Form 3-2341
04/07

OMB Control No. 1018-XXXX
Expiration Date: XX/XX/XXXX

6A.

Provide complete contact information, including, name, mailing and FedEx
address, phone, fax, cell, and e-mail, for personnel who will be involved in the
state’s management and operation of the system:
Information Technology Contact:
Financial Contact:
Project Management Contact:
Stamp/Licensing Program Contact:

6B.

Demonstrate that your organization and supporting partners have a history of
meeting financial obligations.

6C.

Demonstrate your understanding of the financial obligations of the pilot program
by providing the following:

6D.

1.

Provide your estimate of the start-up costs of this pilot including the
purchase of additional equipment and technology.

2.

Explain fully the methodology and the assumptions used to develop the
estimate. The information provided must be of sufficient detail to allow a
reviewer to fully understand how you arrived at these estimates.

If you intend to assess a handling fee to cover costs or other forms of overhead
you must CLEARLY describe what this fee is comprised of (salaries, human
resources, accounting, marketing, etc.).

FWS Form 3-2341
04/07

OMB Control No. 1018-XXXX
Expiration Date: XX/XX/XXXX

Additional Instructions for statistical and financial information:
1.

Provide a clear and concise narrative explanation of the method(s) used to
prepare the estimates and the assumptions on which you base your cost and
sales projections. Information must be sufficiently detailed to allow the reviewer
to understand the basis for the estimates and decide whether or not the
projections are realistic.

2.

Failure to provide all of the information requested may result in a non-responsive
score on the evaluation.

3.

Pilot program labor costs should be supported by a schedule identifying the
estimated number of full- and part time employees involved. Provide the
estimated number of hours each part-time employee will work per year or during
the time the program is operational.

In accordance with the Privacy Act (5 U.S.C. 552a) and the Paperwork Reduction Act (44 U.S.C. 3501),
please note the following information. This information collection is authorized by the Electronic Duck
Stamp Act of 2005 (Pub. L. 109-266). We will use information that you provide to select participants for
the 3-year pilot program and to issue actual duck stamps to purchasers. It is our policy not to use your
name for any other purpose. We will maintain this information in accordance with the Privacy Act, but
may release the information under a Freedom of Information Act request (5 U.S.C. 552). Your response
is voluntary. OMB has assigned OMB Control No. 1018-XXXX, which expires XX/XX/XXXX.
Response is not required unless a currently valid OMB control number is displayed. The relevant burden
for completing this form is 40 hours. This burden estimate includes time for reviewing instructions,
gathering and maintaining data, and completing and reviewing the form. You may direct comments
regarding the burden estimate or any other aspect of the form to the Service Information Collection
Clearance Officer, Fish and Wildlife Service, Mail Stop 222, Arlington Square, U.S. Department of the
Interior, 1849 C Street, NW., Washington D.C. 20240.

FWS Form 3-2341
04/07

EXHIBIT A – AMPLEX DATA TRANSMITTAL REQUIREMENTS
Amplex Corporation
1100 Fountain Pkwy.
Grand Prairie, TX 75050
Fulfillment Operation
Purchaser’s record
from participating
State Agency ----------------->

To Amplex

Amplex creates a fulfillment record for purchaser Data
1. Purchaser’s unique record number, estimate 16 digits with a preceding
from prefix of 2 letters (i.e. TX for Texas), etc. State Agency
2. Purchaser’s first name
3. Purchaser’s middle initial
4. Purchaser’s last name
5. Purchaser’s address – Line 1
6. Purchaser’s address – Line 2
7. Purchaser’s City of Residence
8. Purchasers State of Residence
9. Purchaser’s zip code
10. Date of E-Stamp purchase
11. Quantity

Amplex adds the following data elements to a complete fulfillment record
Data received for State Agency
Date mailing label generated and actual fulfillment date
Estimated number of days fulfilled order is in USPS mail stream
Estimated delivery date to purchaser
Total number of days from the origination of an E-Stamp order to receipt of
physical Federal Duck Stamp
Amplex will charge $1.00 per stamp handling/mailing fee in 2007. This is subject to
change and States will be provided 90 day written notice of any change.
Notice to purchaser will appear with each transaction:

Thanks for your recent purchase of an “Electronic Federal Duck Stamp” which expires
45 days after purchase.
We have enclosed the physical stamp completing your purchase. The physical stamp
expires June 30, 2007. Please sign the front of the stamp and carry it with you when
hunting.
Thanks again for helping conservation and the preservation of the wetlands.

Electronic Duck Stamp Project
In order for Amplex Corporation to fulfill an Electronic Duck Stamp order within the 45day congressionally imposed mandate, the data from the participating States need to be
electronically transmitted in a secure manner. This can be achieved using a number of
different transfer protocols and Amplex is already positioned to use most of them.
We recommend that the participating States use FTP with 128-bit SSL encryption. The
set up costs are minimal and depending on whether the States want to “push” the data
to our file server or if they prefer if we “get” the data from their server the testing phase
is easily managed and controlled.
128 bit SSL Encryption – How it works
Secure Sockets Layer (SSL) technology secures your Web site by encrypting
information and providing authentication.
You need SSL if...
…You have an online store or accept online orders and credit cards.
…Your business partners log in to confidential information on an extranet.
…You have offices that share confidential information over an intranet.
…You process sensitive data such as address, birth date, license, or ID
numbers.
…You need to comply with privacy and security requirements.
An SSL Certificate consists of a public key and a private key. The public key is used to
encrypt information and the private key is used to decipher it. When a browser points to
a secured domain, a secure sockets layer handshake authenticates the server and the
client and establishes an encryption method and a unique session key. They can begin
a secure session that guarantees message privacy and message integrity.
Electronic funds transfer will be accepted through both ACH transactions via automated
clearing house or wire transaction via the Federal Reserve.
For further information from Amplex, contact Tammy Wright at 214-672-0508.

EXHIBIT B

SERVICE APPROVED HANDLING RATES

User-fee charges promote an equitable approach to financing government programs by
fairly charging only those individuals receiving services designed for their convenience.
Although user charges are sometimes perceived as a form of taxation, they differ clearly
in that they are linked to specific benefits, over and above those normally provided to
the general public. In other words, taxes are used to fund programs for all to benefit;
user fees are directed to recovering the costs of specially provided goods and services.
Service Approved Handling Rates
For a State to charge a handling fee to consumers, it must submit a written cost
recovery statement. Each statement will be evaluated by the Service, for its individual
and cumulative impact on both the program and the consumer. The Service will send an
approval letter to the State.
Cost Recovery Statement
This statement justifies the handling charges associated with issuing an electronic
Federal Duck Stamp. It must outline the estimated or real costs incurred by the state
licensing program in providing this service to consumers and may include direct and
indirect costs.
The justification should provide an estimate of the number of stamps to be sold and
indicate how the total costs associated with program implementation and maintenance
will impact the consumer.

EXHIBIT C - INSTRUCTIONS FOR ELECTRONIC FUNDS TRANSFER (EFT) TO
AMPLEX/DUCK
FOR ACH TRANSATIONS VIA AUTOMATED CLEARING HOUSE
Bank: JPMorgan Chase Bank
ABA: 113000609
Account Name: Amplex Corporation/Duck
Account Number: 22900010595
FOR WIRE TRANSFER TRANSACTIONS VIA FEDERAL RESERVE
Bank: JPMorgan Chase Bank
ABA: 021000021
Account Name: Amplex Corporation/Duck
Account Number: 22900010595
For further information, please contact Tammy Wright at 214-672-0508 or Karen
Eddlemon at 214-672-0613

Prepared by the Federal Duck Stamp Office
4/17/2007

PUBLIC LAW 109–266—AUG. 3, 2006

ELECTRONIC DUCK STAMP ACT OF 2005

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120 STAT. 670

PUBLIC LAW 109–266—AUG. 3, 2006

Public Law 109–266
109th Congress
An Act
Aug. 3, 2006
[S. 1496]
Electronic Duck
Stamp Act of
2005.
16 USC 718 note.

16 USC 718 note.

To direct the Secretary of the Interior to conduct a pilot program under which
up to 15 States may issue electronic Federal migratory bird hunting stamps.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Electronic Duck Stamp Act
of 2005’’.
SEC. 2. FINDINGS.

Congress finds that—
(1) on March 16, 1934, Congress passed and President
Roosevelt signed the Act of March 16, 1934 (16 U.S.C. 718a
et seq.) (popularly known as the ‘‘Duck Stamp Act’’), which
requires all migratory waterfowl hunters 16 years of age or
older to buy a Federal migratory bird hunting and conservation
stamp annually;
(2) the Federal Duck Stamp program has become one of
the most popular and successful conservation programs ever
initiated;
(3) because of that program, the United States again is
teeming with migratory waterfowl and other wildlife that benefit from wetland habitats;
(4) as of the date of enactment of this Act, 1,700,000
migratory bird hunting and conservation stamps are sold each
year;
(5) as of 2003, those stamps have generated more than
$600,000,000 in revenue that has been used to preserve more
than 5,000,000 acres of migratory waterfowl habitat in the
United States; and
(6) many of the more than 540 national wildlife refuges
have been paid for wholly or partially with that revenue.
16 USC 718 note.

SEC. 3. DEFINITIONS.

In this Act:
(1) ACTUAL STAMP.—The term ‘‘actual stamp’’ means a Federal migratory-bird hunting and conservation stamp required
under the Act of March 16, 1934 (16 U.S.C. 718a et seq.)
(popularly known as the ‘‘Duck Stamp Act’’), that is printed
on paper and sold through a means in use immediately before
the date of enactment of this Act.
(2) AUTOMATED LICENSING SYSTEM.—
(A) IN GENERAL.—The term ‘‘automated licensing
system’’ means an electronic, computerized licensing system

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PUBLIC LAW 109–266—AUG. 3, 2006

120 STAT. 671

used by a State fish and wildlife agency to issue hunting,
fishing, and other associated licenses and products.
(B) INCLUSION.—The term ‘‘automated licensing
system’’ includes a point-of-sale, Internet, or telephonic
system used for a purpose described in subparagraph (A).
(3) ELECTRONIC STAMP.—The term ‘‘electronic stamp’’
means an electronic version of an actual stamp that—
(A) is a unique identifier for the individual to whom
it is issued;
(B) can be printed on paper;
(C) is issued through a State automated licensing
system that is authorized, under State law and by the
Secretary under this Act, to issue electronic stamps;
(D) is compatible with the hunting licensing system
of the State that issues the electronic stamp; and
(E) is described in the State application approved by
the Secretary under section 4(b).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
SEC. 4. ELECTRONIC DUCK STAMP PILOT PROGRAM.

16 USC 718 note.

(a) REQUIREMENT TO CONDUCT PROGRAM.—The Secretary shall
conduct a 3-year pilot program under which up to 15 States authorized by the Secretary may issue electronic stamps.
(b) COMMENCEMENT AND DURATION OF PROGRAM.—The Secretary shall—
(1) use all means necessary to expeditiously implement
this section by the date that is 1 year after the beginning
of the first full Federal migratory waterfowl hunting season
after the date of enactment of this Act; and
(2) carry out the pilot program for 3 Federal migratory
waterfowl hunting seasons.
(c) CONSULTATION.—The Secretary shall carry out the program
in consultation with State management agencies.
SEC. 5. STATE APPLICATION.

Deadline.

16 USC 718 note.

(a) APPROVAL OF APPLICATION REQUIRED.—A State may not
participate in the pilot program under this Act unless the Secretary
has received and approved an application submitted by the State
in accordance with this section.
(b) CONTENTS OF APPLICATION.—The Secretary may not approve
a State application unless the application contains—
(1) a description of the format of the electronic stamp
that the State will issue under the pilot program, including
identifying features of the licensee that will be specified on
the stamp;
(2) a description of any fee the State will charge for
issuance of an electronic stamp;
(3) a description of the process the State will use to account
for and transfer to the Secretary the amounts collected by
the State that are required to be transferred to the Secretary
under the program;
(4) the manner by which the State will transmit electronic
stamp customer data to the Secretary;
(5) the manner by which actual stamps will be delivered;
(6) the policies and procedures under which the State will
issue duplicate electronic stamps; and

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120 STAT. 672

PUBLIC LAW 109–266—AUG. 3, 2006

(7) such other policies, procedures, and information as may
be reasonably required by the Secretary.
(c) PUBLICATION OF DEADLINES, ELIGIBILITY REQUIREMENTS,
AND SELECTION CRITERIA.—Not later than 30 days before the date
on which the Secretary begins accepting applications for participation in the pilot program, the Secretary shall publish—
(1) deadlines for submission of applications to participate
in the program;
(2) eligibility requirements for participation in the program;
and
(3) criteria for selecting States to participate in the program.
16 USC 718 note.

Deadline.

Deadline.

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SEC. 6. STATE OBLIGATIONS AND AUTHORITIES.

(a) DELIVERY OF ACTUAL STAMP.—The Secretary shall require
that each individual to whom a State sells an electronic stamp
under the pilot program shall receive an actual stamp—
(1) by not later than the date on which the electronic
stamp expires under section 7(c); and
(2) in a manner agreed upon by the State and Secretary.
(b) COLLECTION AND TRANSFER OF ELECTRONIC STAMP REVENUE
AND CUSTOMER INFORMATION.—
(1) REQUIREMENT TO TRANSMIT.—The Secretary shall
require each State participating in the pilot program to collect
and submit to the Secretary in accordance with this section—
(A) the first name, last name, and complete mailing
address of each individual that purchases an electronic
stamp from the State;
(B) the face value amount of each electronic stamp
sold by the State; and
(C) the amount of the Federal portion of any fee
required by the agreement for each stamp sold.
(2) TIME OF TRANSMITTAL.—The Secretary shall require
the submission under paragraph (1) to be made with respect
to sales of electronic stamps by a State occurring in a month—
(A) by not later than the 15th day of the subsequent
month; or
(B) as otherwise specified in the application of the
State approved by the Secretary under section 5.
(3) ADDITIONAL FEES NOT AFFECTED.—This section shall
not apply to the State portion of any fee collected by a State
under subsection (c).
(c) ELECTRONIC STAMP ISSUANCE FEE.—A State participating
in the pilot program may charge a reasonable fee to cover costs
incurred by the State and the Department of the Interior in issuing
electronic stamps under the program, including costs of delivery
of actual stamps.
(d) DUPLICATE ELECTRONIC STAMPS.—A State participating in
the pilot program may issue a duplicate electronic stamp to replace
an electronic stamp issued by the State that is lost or damaged.
(e) LIMITATION ON AUTHORITY TO REQUIRE PURCHASE OF STATE
LICENSE.—A State may not require that an individual purchase
a State hunting license as a condition of issuing an electronic
stamp under the pilot program.

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PUBLIC LAW 109–266—AUG. 3, 2006

120 STAT. 673

SEC. 7. ELECTRONIC STAMP REQUIREMENTS; RECOGNITION OF ELECTRONIC STAMP.

16 USC 718 note.

(a) STAMP REQUIREMENTS.—The Secretary shall require an electronic stamp issued by a State under the pilot program—
(1) to have the same format as any other license, validation,
or privilege the State issues under the automated licensing
system of the State; and
(2) to specify identifying features of the licensee that are
adequate to enable Federal, State, and other law enforcement
officers to identify the holder.
(b) RECOGNITION OF ELECTRONIC STAMP.—Any electronic stamp
issued by a State under the pilot program shall, during the effective
period of the electronic stamp—
(1) bestow upon the licensee the same privileges as are
bestowed by an actual stamp;
(2) be recognized nationally as a valid Federal migratory
bird hunting and conservation stamp; and
(3) authorize the licensee to hunt migratory waterfowl in
any other State, in accordance with the laws of the other
State governing that hunting.
(c) DURATION.—An electronic stamp issued by a State under
the pilot program shall be valid for a period agreed to by the
State and the Secretary, which shall not exceed 45 days.
SEC. 8. TERMINATION OF STATE PARTICIPATION.

16 USC 718 note.

Participation by a State in the pilot program may be
terminated—
(1) by the Secretary, if the Secretary—
(A) finds that the State has violated any of the terms
of the application of the State approved by the Secretary
under section 5; and
(B) provides to the State written notice of the termination by not later than the date that is 30 days before
the date of termination; or
(2) by the State, by providing written notice to the Secretary by not later than the date that is 30 days before the
termination date.
SEC. 9. EVALUATION.

16 USC 718 note.

(a) EVALUATION.—The Secretary, in consultation with State
fish and wildlife management agencies and appropriate stakeholders with expertise specific to the duck stamp program, shall
evaluate the pilot program and determine whether the pilot program
has provided a cost-effective and convenient means for issuing
migratory-bird hunting and conservation stamps, including whether
the program has—
(1) increased the availability of those stamps;
(2) assisted States in meeting the customer service objectives of the States with respect to those stamps;
(3) maintained actual stamps as an effective and viable
conservation tool; and
(4) maintained adequate retail availability of the actual
stamp.
(b) REPORT.—The Secretary shall submit to Congress a report
on the findings of the Secretary under subsection (a).

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120 STAT. 674

PUBLIC LAW 109–266—AUG. 3, 2006

SEC. 10. TECHNICAL CORRECTIONS.

(a) PROHIBITION ON TAKING.—The first section of the Act of
March 16, 1934 (16 U.S.C. 718a) is amended by striking ‘‘That
no person who has attained the age of sixteen years’’ and all
that follows through the end of the section and inserting the following:
‘‘SECTION 1. PROHIBITION ON TAKING.

‘‘(a) PROHIBITION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
no individual who has attained the age of 16 years shall take
any migratory waterfowl unless, at the time of the taking,
the individual carries on the person of the individual a valid
Migratory Bird Hunting and Conservation Stamp, validated
by the signature of the individual written in ink across the
face of the stamp prior to the time of the taking by the individual of the waterfowl.
‘‘(2) EXCEPTION.—No stamp described in paragraph (1) shall
be required for the taking of migratory waterfowl—
‘‘(A) by Federal or State agencies;
‘‘(B) for propagation; or
‘‘(C) by the resident owner, tenant, or sharecropper
of the property, or officially designated agencies of the
Department of the Interior, for the killing, under such
restrictions as the Secretary may by regulation prescribe,
of such waterfowl when found damaging crops or other
property.
‘‘(b) DISPLAY OF STAMP.—Any individual to whom a stamp
has been sold under this Act shall, upon request, display the stamp
for inspection to—
‘‘(1) any officer or employee of the Department of the
Interior who is authorized to enforce this Act; or
‘‘(2) any officer of any State or political subdivision of
a State authorized to enforce State game laws.
‘‘(c) OTHER LICENSES.—Nothing in this section requires any
individual to affix the Migratory Bird Hunting and Conservation
Stamp to any other license prior to taking 1 or more migratory
waterfowl.’’.
(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.

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120 STAT. 675

‘‘(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.—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).’’.
(c) COST OF STAMPS.—Section 2(b) of the Act of March 16,
1934 (16 U.S.C. 718b(b)) is amended—
(1) by striking ‘‘(b) The’’ and inserting the following:
‘‘(b) COST OF STAMPS.—The’’;
(2) by striking ‘‘Secretary of the Interior’’ and inserting
‘‘Secretary’’;
(3) by striking ‘‘migratory bird conservation fund’’ and
inserting ‘‘Migratory Bird Conservation Fund’’; and
(4) in paragraph (2), by striking ‘‘For purposes’’ and all
that follows through ‘‘of any such year.’’.
(d) AUTHORIZATION AND EXEMPTION.—Section 3 of the Act of
March 16, 1934 (16 U.S.C. 718c) is amended by striking ‘‘SEC.
3. Nothing’’ and inserting the following:

Deadline.

‘‘SEC. 3. AUTHORIZATION AND EXEMPTION.

‘‘Nothing’’.

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120 STAT. 676

PUBLIC LAW 109–266—AUG. 3, 2006

(e) EXPENDITURE OF FUNDS.—Section 4 of the Act of March
16, 1934 (16 U.S.C. 718d) is amended—
(1) by redesignating subsections (a) through (c) as paragraphs (1) through (3), respectively, and indenting appropriately;
(2) by striking ‘‘SEC. 4. All moneys’’ and all that follows
through ‘‘expended:’’ and inserting the following:
‘‘SEC. 4. EXPENDITURE OF FUNDS.

‘‘(a) IN GENERAL.—All funds received for stamps sold under
this Act shall be—
‘‘(1) accounted for by the Postal Service or the Secretary,
as appropriate;
‘‘(2) paid into the Treasury of the United States; and
‘‘(3) reserved and set aside as a special fund, to be known
as the ‘Migratory Bird Conservation Fund’ (referred to in this
section as the ‘fund’), to be administered by the Secretary.
‘‘(b) USE OF FUNDS.—All funds received into the fund are appropriated for the following purposes, to remain available until
expended:’’;
(3) in subsection (b)(1) (as redesignated by paragraphs (1)
and (2))—
(A) by striking ‘‘(1) So much’’ and all that follows
through ‘‘for engraving’’ and inserting the following:
‘‘(1) ADVANCE ALLOTMENTS.—So much as may be necessary
shall be used by the Secretary for engraving’’;
(B) by striking ‘‘migratory bird hunting stamps’’ and
inserting ‘‘Migratory Bird Hunting and Conservation
Stamps’’;
(C) by striking ‘‘personal’’ and inserting ‘‘personnel’’;
and
(D) by striking ‘‘postal service’’ and inserting ‘‘Postal
Service’’;
(4) in subsection (b)(2) (as so redesignated)—
(A) by striking ‘‘(2) Except as provided in subsections
(c) and (d) of this section’’ and inserting the following:
‘‘(2) AREAS FOR REFUGES.—Except as provided in paragraph
(3) and subsection (c)’’; and
(B) by inserting ‘‘(16 U.S.C. 715 et seq.)’’ after ‘‘Conservation Act’’;
(5) in subsection (b)(3) (as so redesignated)—
(A) by striking ‘‘(3) The Secretary of the Interior is
authorized to utilize funds made available under subsection
(b) of this section for the purposes of such subsection,
and such other funds as may be appropriated for the purposes of such subsection, or of this subsection,’’ and
inserting the following:
‘‘(3) CONDITIONS ON USE OF FUNDS.—The Secretary may
use funds made available under paragraph (2) for the purposes
of that paragraph, and such other funds as may be appropriated
for the purposes of that paragraph or this paragraph,’’; and
(B) in the second sentence—
(i) by inserting ‘‘(16 U.S.C. 715 et seq.)’’ after ‘‘Conservation Act’’; and
(ii) by striking ‘‘this subsection’’ and inserting ‘‘this
paragraph’’;
(6) by redesignating subsection (d) as subsection (c); and

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120 STAT. 677

(7) in subsection (c) (as so redesignated)—
(A) in paragraph (1)—
(i) by striking ‘‘(1) The Secretary of the Interior
may utilize’’ and inserting the following:
‘‘(1) IN GENERAL.—The Secretary may use’’; and
(ii) by striking ‘‘migratory bird hunting and conservation stamps’’ and inserting ‘‘Migratory Bird
Hunting and Conservation Stamps’’; and
(B) in paragraph (2), by striking ‘‘(2) The Secretary
of the Interior’’ and inserting the following:
‘‘(2) COMPONENTS OF REPORT.—The Secretary’’.
(f) LOANS AND TRANSFERS, ALTERATION, AND REPRODUCTION
OF STAMPS.—Section 5 of the Act of March 16, 1934 (16 U.S.C.
718e) is amended—
(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,’’;
(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’’;
(3) in subsection (c)—
(A) by striking ‘‘(c) Notwithstanding’’ and inserting
the following:
‘‘(c) REPRODUCTION.—Notwithstanding’’;
(B) by striking ‘‘Secretary of the Interior’’ each place
it appears and inserting ‘‘Secretary’’; and
(C) in the matter following paragraph (2)—
(i) by striking ‘‘migratory bird hunting stamps’’
and inserting ‘‘Migratory Bird Hunting and Conservation Stamps’’; and
(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’’.
(g) ENFORCEMENT.—Section 6 of the Act of March 16, 1934
(16 U.S.C. 718f) is amended—
(1) by striking ‘‘SEC. 6. For the efficient’’ and inserting
the following:
‘‘SEC. 6. ENFORCEMENT.

‘‘For the efficient’’; and
(2) in the first sentence—
(A) by striking ‘‘Secretary of Agriculture’’ and inserting
‘‘Secretary’’;
(B) by striking ‘‘Department of Agriculture’’ and
inserting ‘‘Department of the Interior’’; and
(C) by inserting ‘‘(16 U.S.C. 703 et seq.)’’ after ‘‘Treaty
Act’’.
(h) VIOLATIONS; COOPERATION; USE OF CONTEST FEES; DEFINITIONS; SHORT TITLE.—The Act of March 16, 1934 is amended by

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16 USC 718,
718g–718i.

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PUBLIC LAW 109–266—AUG. 3, 2006

striking sections 7 through 10 (16 U.S.C. 718g–718j) and inserting
the following:
16 USC 718g.

‘‘SEC. 7. VIOLATIONS.

‘‘Any person that violates or fails to comply with any provision
of this Act (including a regulation promulgated under this Act)
shall be subject to the penalties described in section 6 of the
Migratory Bird Treaty Act (16 U.S.C. 707).
16 USC 718h.

‘‘SEC. 8. COOPERATION.

‘‘The Secretary is authorized to cooperate with the States and
the territories and possessions of the United States in the enforcement of this Act.
16 USC 718i.

‘‘SEC. 9. USE OF CONTEST FEES.

‘‘Notwithstanding any other provision of law, funds received
by the United States Fish and Wildlife Service in the form of
fees for entering any Migratory Bird Hunting and Conservation
Stamp contest shall be credited—
‘‘(1) first, to the appropriation account from which expenditures for the administration of the contest are made; and
‘‘(2) second, to the extent any funds remain, to the Migratory Bird Conservation Fund.
16 USC 718j.

‘‘SEC. 10. DEFINITIONS.

‘‘(a) IN GENERAL.—In this Act, the terms defined in the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.) and the Migratory
Bird Treaty Act (16 U.S.C. 703 et seq.) have the meanings given
those terms in those Acts.
‘‘(b) OTHER DEFINITIONS.—In this Act:
‘‘(1) HUNTING YEAR.—The term ‘hunting year’ means the
1-year period beginning on July 1 of each year.
‘‘(2) MIGRATORY WATERFOWL.—The term ‘migratory waterfowl’ means the species enumerated in paragraph (a) of subdivision 1 of article I of the Convention between the United States
and Great Britain for the Protection of Migratory Birds, signed
at Washington on August 16, 1916 (USTS 628) (16 U.S.C.
703 et seq.).
‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary
of the Interior.
‘‘(4) STATE.—The term ‘State’ means—
‘‘(A) a State;
‘‘(B) the District of Columbia;
‘‘(C) the Commonwealth of Puerto Rico;
‘‘(D) Guam;
‘‘(E) American Samoa;
‘‘(F) the Commonwealth of the Northern Mariana
Islands;
‘‘(G) the Federated States of Micronesia;
‘‘(H) the Republic of the Marshall Islands;
‘‘(I) the Republic of Palau; and
‘‘(J) the United States Virgin Islands.
‘‘(5) TAKE.—The term ‘take’ means—
‘‘(A) to pursue, hunt, shoot, capture, collect, or kill;
or
‘‘(B) to attempt to pursue, hunt, shoot, capture, collect,
or kill.

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PUBLIC LAW 109–266—AUG. 3, 2006

120 STAT. 679

‘‘SEC. 11. SHORT TITLE.

16 USC 718 note.

‘‘This Act may be cited as the ‘Migratory Bird Hunting and
Conservation Stamp Act’.’’.
(i) DISPOSITION OF UNSOLD STAMPS.—Section 3 of the Act of
July 30, 1956 (Public Law 84–838; 70 Stat. 722), is amended—
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) in subsection (a) (16 U.S.C. 718b–1)—
(A) by striking ‘‘SEC. 3. (a) Hereafter’’ and all that
follows through the end of the first sentence and inserting
the following:

16 USC 718b,
718i.

‘‘SEC. 3. DISPOSITION OF UNSOLD STAMPS.

‘‘(a) DISPOSITION OF UNSOLD STAMPS.—A Migratory Bird
Hunting and Conservation Stamp shall be transferred to the Postal
Service or the Secretary of the Interior (or a designee) for sale
to a collector if the stamp—
‘‘(1) has not been sold by the end of the hunting year
(as that term is defined in section 10 of the Migratory Bird
Hunting and Conservation Stamp Act) during which the stamp
is issued; and
‘‘(2) as determined by the Postal Service or the Secretary
of the Interior—
‘‘(A) is appropriate to supply a market for sale to
collectors; and
‘‘(B) is in suitable condition for sale to a collector.’’;
and
(B) by striking the second sentence and inserting the
following:
‘‘(b) SURPLUS STOCK.—The Postal Service or the Secretary of
the Interior may destroy any surplus stock of Migratory Bird
Hunting and Conservation Stamps at such time and in such manner
as the Postal Service or the Secretary of the Interior determines
to be appropriate.’’.
Approved August 3, 2006.

LEGISLATIVE HISTORY—S. 1496:
HOUSE REPORTS: No. 109–556 (Comm. on Resources).
SENATE REPORTS: No. 109–187 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD:
Vol. 151 (2005): Dec. 16, considered and passed Senate.
Vol. 152 (2006): July 24, considered and passed House.

Æ

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