PUB L 109-266 Elec Duck Stamp Act of 2005

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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PUBLIC LAW 109–266—AUG. 3, 2006

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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120 STAT. 678

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.

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