Migratory Bird Conservation Act (16 U.S.C. § 715-715r, as amended)

§ 718b–1

TITLE 16—CONSERVATION

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(c) of act
July 30, 1956, set out below.
Act July 30, 1956, § 3(c), formerly § 3(b), as renumbered
by Pub. L. 109–266, § 10(i)(1), substituted provisions in
fourth sentence authorizing use as migratory-bird
stamps only during fiscal year for which issued, for provisions requiring stamps to expire and be void after the
30th day of June next succeeding issuance. Amendment
of fourth sentence by section 3(c) further amends
amendments made to next to last sentence by section
2 of act July 30, 1956, as set out above.
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
Pub. L. 85–585, § 4, Aug. 1, 1958, 72 Stat. 487, provided
that: ‘‘The amendment made by the first section of this
Act [amending this section] shall become effective on
July 1, 1959. The amendment made by section 2 of this
Act [amending section 718d of this title] making available the net proceeds of all moneys received in the migratory bird conservation fund for the location, ascertainment, and acquisition of Waterfowl Production
Areas and suitable areas for migratory bird refuges
shall become effective on July 1, 1960. The remaining
amendments made by this Act [amending section 718d
of this title] shall become effective on the date of the
enactment of this Act [Aug. 1, 1958]. Any unobligated
balance remaining in the migratory bird conservation
fund on June 30, 1960, shall thereafter be available for
expenditure only for the purposes specified in the Migratory Bird Hunting Stamp Act [now Migratory Bird
Hunting and Conservation Stamp Act] of March 16, 1934
[this subchapter], as amended by this Act.’’
SPENDING OF STAMP MONEY
Act Aug. 12, 1949, ch. 421, § 1, 63 Stat. 599, provided in
part: ‘‘That the moneys derived from the sale of such
stamps shall be spent only upon specific appropriation
by the Congress.’’

§ 718b–1. 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 718j
of this title) 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.
(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.
(July 30, 1956, ch. 782, § 3(a), (b), formerly § 3(a),
70 Stat. 722; Pub. L. 92–214, § 3, Dec. 22, 1971, 85

Page 1168

Stat. 777; renumbered § 3(a), (b) and amended
Pub. L. 109–266, § 10(i)(2), Aug. 3, 2006, 120 Stat.
679.)
CODIFICATION
Section was not enacted as part of act Mar. 16, 1934,
which comprises this subchapter.
PRIOR PROVISIONS
A prior section 3(b) of act July 30, 1956, ch. 782, 70
Stat. 722, amended section 718b of this title prior to
being redesignated 3(c) by section 10(i)(1) of Pub. L.
109–266.
AMENDMENTS
2006—Pub. L. 109–266 inserted section catchline and
substituted subsecs. (a) and (b) for former text which
read: ‘‘On or after July 30, 1956, such quantity of migratory-bird hunting stamps, not sold at the end of the fiscal year for which issued, as determined by the Postal
Service to be (1) required to supply the market for sale
to collectors, and (2) in suitable condition for such sale
to collectors, shall be turned over to the Philatelic
Agency and therein placed on sale. Any surplus stock
of such migratory-bird hunting stamps may be destroyed in such manner as the Postal Service shall direct.’’
1971—Pub. L. 92–214 substituted ‘‘Postal Service’’ for
‘‘Postmaster General’’.

§ 718c. Authorization and exemption
Nothing in this subchapter shall be construed
to authorize any person to take any migratory
waterfowl otherwise than in accordance with
regulations adopted and approved pursuant to
any treaty or convention heretofore or hereafter
entered into between the United States and any
other country for the protection of migratory
birds, nor to exempt any person from complying
with the game laws of the several States.
(Mar. 16, 1934, ch. 71, § 3, 48 Stat. 451; Pub. L.
95–616, § 7(b), Nov. 8, 1978, 92 Stat. 3114; Pub. L.
109–266, § 10(d), Aug. 3, 2006, 120 Stat. 675.)
AMENDMENTS
2006—Pub. L. 109–266 inserted section catchline.
1978—Pub. L. 95–616 inserted ‘‘or convention’’ after
‘‘treaty’’.

§ 718d. Expenditure of funds
(a) In general
All funds received for stamps sold under this
subchapter 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,
in which there shall be a subaccount to which
the Secretary of the Treasury shall transfer
all amounts in excess of $15 that are received
from the sale of each stamp sold for each
hunting year after hunting year 2013.
(b) Use of funds
All funds received into the fund are appropriated for the following purposes, to remain
available until expended:
(1) Advance allotments
Except as provided in paragraph (4), so much
as may be necessary shall be used by the Sec-

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§ 718d

TITLE 16—CONSERVATION

retary for engraving, printing, issuing, selling,
and accounting for Migratory Bird Hunting
and Conservation Stamps and moneys received
from the sale thereof, in addition to expenses
for personnel services in the District of Columbia and elsewhere, and such other expenses
as may be necessary in executing the duties
and functions required of the Postal Service.
(2) Areas for refuges
Except as provided in paragraphs (3) and (4)
and subsection (c), the remainder shall be
available for the location, ascertainment, and
acquisition of suitable areas for migratory
bird refuges under the provisions of the Migratory Bird Conservation Act (16 U.S.C. 715 et
seq.) and for the administrative costs incurred
in the acquisition of such areas.
(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, to acquire, or defray the expense incident to the acquisition by gift, devise, lease, purchase, or exchange of, small
wetland and pothole areas, interests therein,
and rights-of-way to provide access thereto.
Such small areas, to be designated as ‘‘Waterfowl Production Areas’’, may be acquired
without regard to the limitations and requirements of the Migratory Bird Conservation Act
(16 U.S.C. 715 et seq.), but all of the provisions
of such Act which govern the administration
and protection of lands acquired thereunder,
except the inviolate sanctuary provisions of
such Act, shall be applicable to areas acquired
pursuant to this paragraph.
(4) Conservation easements
Amounts in the subaccount referred to in
subsection (a)(3) shall be used by the Secretary solely to acquire easements in real
property in the United States for conservation
of migratory birds.
(c) Promotion of stamp sales
The Secretary may use funds from the sale of
Migratory Bird Hunting and Conservation
Stamps, not to exceed $1,000,000 in each of fiscal
years 1999, 2000, 2001, 2002, and 2003, for the promotion of additional sales of those stamps, in
accordance with a Migratory Bird Conservation
Commission approved annual marketing plan.
Such promotion shall include the preparation of
reports, brochures, or other appropriate materials to be made available to the public that describe the benefits to wildlife derived from
stamp sales.
(d) Annual report
The Secretary shall include in each annual report of the Commission under section 3 of the
Migratory Bird Conservation Act (16 U.S.C.
715b)—
(1) a description of activities conducted
under subsection (c) in the year covered by the
report;
(2) an annual assessment of the status of
wetlands conservation projects for migratory
bird conservation purposes, including a clear
and accurate accounting of—

(A) all expenditures by Federal and State
agencies under this section; and
(B) all expenditures made for fee-simple
acquisition of Federal lands in the United
States, including the amount paid and acreage of each parcel acquired in each acquisition;
(3) an analysis of the refuge lands opened,
and refuge lands closed, for hunting and fishing in the year covered by the report, including—
(A) identification of the specific areas in
each refuge and the reasons for the closure
or opening; and
(B) a detailed description of each closure
including detailed justification for such closure;
(4) the total number of acres of refuge land
open for hunting and fishing, and the total
number of acres of refuge land closed for hunting and fishing, in the year covered by the report; and
(5) a separate report on the hunting and fishing status of those lands added to the system
in the year covered by the report.
(Mar. 16, 1934, ch. 71, § 4, 48 Stat. 451; June 15,
1935, ch. 261, title I, §§ 3, 4, 49 Stat. 379, 380; 1939
Reorg. Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R.
2731, 53 Stat. 1433; Aug. 12, 1949, ch. 421, § 2, 63
Stat. 600; Oct. 20, 1951, ch. 520, 65 Stat. 451; Pub.
L. 85–585, §§ 2, 3, Aug. 1, 1958, 72 Stat. 486, 487;
Pub. L. 89–669, § 6, Oct. 15, 1966, 80 Stat. 929; Pub.
L. 92–214, § 2, Dec. 22, 1971, 85 Stat. 777; Pub. L.
94–215, § 3(d), Feb. 17, 1976, 90 Stat. 190; Pub. L.
105–269, § 2, Oct. 19, 1998, 112 Stat. 2381; Pub. L.
109–266, § 10(e), Aug. 3, 2006, 120 Stat. 676; Pub. L.
113–264, §§ 2(3), 3, Dec. 18, 2014, 128 Stat. 2939,
2940.)
REFERENCES IN TEXT
The Migratory Bird Conservation Act, referred to in
subsec. (b)(2), (3), is act Feb. 18, 1929, ch. 257, 45 Stat.
1222, which is classified generally to subchapter III
(§ 715 et seq.) of chapter 7 of this title. For complete
classification of this Act to the Code, see section 715 of
this title and Tables.
AMENDMENTS
2014—Subsec. (a)(3). Pub. L. 113–264, § 2(3)(A), inserted
before period at end ‘‘, in which there shall be a subaccount to which the Secretary of the Treasury shall
transfer all amounts in excess of $15 that are received
from the sale of each stamp sold for each hunting year
after hunting year 2013’’.
Subsec. (b)(1). Pub. L. 113–264, § 2(3)(B), substituted
‘‘Except as provided in paragraph (4), so much’’ for ‘‘So
much’’.
Subsec. (b)(2). Pub. L. 113–264, § 2(3)(C), substituted
‘‘paragraphs (3) and (4)’’ for ‘‘paragraph (3)’’.
Subsec. (b)(4). Pub. L. 113–264, § 2(3)(D), added par. (4).
Subsec. (c). Pub. L. 113–264, § 3(1), struck out par. (1)
designation and heading and par. (2). Prior to amendment, text of par. (2) read as follows: ‘‘The Secretary
shall include in each annual report of the Commission
under section 715b of this title a description of activities conducted under this subsection in the year covered by the report.’’
Subsec. (d). Pub. L. 113–264, § 3(2), added subsec. (d).
2006—Pub. L. 109–266, § 10(e)(1), (2), inserted section
catchline, substituted subsec. (a) for introductory provisions which read ‘‘All moneys received for such
stamps shall be accounted for by the Postal Service or
the Department of the Interior, whichever is appro-

§ 718e

TITLE 16—CONSERVATION

priate, and paid into the Treasury of the United States,
and shall be reserved and set aside as a special fund to
be known as the migratory bird conservation fund, to
be administered by the Secretary of the Interior. All
moneys received into such fund are appropriated for
the following objects and shall be available therefor
until expended:’’, inserted subsec. (b) designation, heading, and introductory provisions, redesignated former
subsecs. (a) to (c) as pars. (1) to (3), respectively, of subsec. (b), and realigned margins.
Subsec. (b)(1). Pub. L. 109–266, § 10(e)(3), inserted heading and substituted ‘‘So much as may be necessary
shall be used by the Secretary for engraving’’ for ‘‘So
much as may be necessary shall be used by the Secretary of the Interior to make advance allotments to
the Postal Service at such times and in such amounts
as may be mutually agreed upon by the Secretary of
the Interior and the Postal Service for direct expenditure by the Postal Service for engraving’’, ‘‘Migratory
Bird Hunting and Conservation Stamps’’ for ‘‘migratory bird hunting stamps’’, ‘‘personnel’’ for ‘‘personal’’,
and ‘‘Postal Service’’ for ‘‘postal service’’.
Subsec. (b)(2). Pub. L. 109–266, § 10(e)(4)(B), inserted
‘‘(16 U.S.C. 715 et seq.)’’ after ‘‘Migratory Bird Conservation Act’’.
Pub. L. 109–266, § 10(e)(4)(A), which directed amendment of par. (2) by substituting heading ‘‘Areas for refuges’’ and text ‘‘Except as provided in paragraph (3)
and subsection (c)’’ for ‘‘Except as provided in subsections (c) and (d) of this section’’, was executed by
making the substitution for ‘‘Except as authorized in
subsections (c) and (d) of this section’’ to reflect the
probable intent of Congress.
Subsec. (b)(3). Pub. L. 109–266, § 10(e)(5), inserted heading, inserted ‘‘(16 U.S.C. 715 et seq.)’’ after ‘‘Migratory
Bird Conservation Act’’, and substituted ‘‘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,’’ for ‘‘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 ‘‘pursuant to this paragraph’’
for ‘‘pursuant to this subsection’’.
Subsec. (c). Pub. L. 109–266, § 10(e)(6), redesignated
subsec. (d) as (c). Former subsec. (c) redesignated (b)(3).
Subsec. (c)(1). Pub. L. 109–266, § 10(e)(7)(A), inserted
heading and substituted ‘‘The Secretary may use’’ for
‘‘The Secretary of the Interior may utilize’’ and ‘‘Migratory Bird Hunting and Conservation Stamps’’ for
‘‘migratory bird hunting and conservation stamps’’.
Subsec. (c)(2). Pub. L. 109–266, § 10(e)(7)(B), inserted
heading and substituted ‘‘The Secretary’’ for ‘‘The Secretary of the Interior’’.
Subsec. (d). Pub. L. 109–266, § 10(e)(6), redesignated
subsec. (d) as (c).
1998—Subsecs. (b), (d). Pub. L. 105–269 substituted
‘‘subsections (c) and (d)’’ for ‘‘subsection (c)’’ in subsec.
(b) and added subsec. (d).
1976—Pub. L. 94–215 inserted ‘‘or the Department of
the Interior, whichever is appropriate,’’ after ‘‘Postal
Service’’ in first sentence.
1971—Pub. L. 92–214 substituted ‘‘Postal Service’’ for
‘‘Post Office Department’’ in introductory provisions
and ‘‘Postal Service’’ for ‘‘Post Office Department’’ and
‘‘Postmaster General’’ in subsec. (a).
1966—Subsec. (b). Pub. L. 89–669 struck out provisos
relating to wildlife management areas and rule making
for such areas which are now covered by section
668bb(d) (1) of this title.
1958—Subsecs. (a), (b). Pub. L. 85–585 earmarked proceeds from sale of stamps, less expenses of Post Office
Department in connection with fish and wildlife matters, for the acquisition of migratory bird refuges, and
permitted hunting of resident game birds in designated
wildlife management areas.
Subsec. (c). Pub. L. 85–585 added subsec. (c).
1951—Subsec. (a). Act Oct. 20, 1951, substituted ‘‘85 per
centum’’ for ‘‘90 per centum’’.

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Subsec. (b). Act Oct. 20, 1951, inserted ‘‘in enforcing’’
after ‘‘The remainder shall be available for expenses’’.
1949—Subsec. (a). Act Aug. 12, 1949, inserted proviso.
1935—Act June 15, 1935, amended section generally.
EFFECTIVE DATE OF 1958 AMENDMENT
For effective date of amendment by Pub. L. 85–585,
see section 4 of Pub. L. 85–585, set out as a note under
section 718b of this title.
TRANSFER OF FUNCTIONS
Transfer of functions of Secretary of Agriculture to
Secretary of the Interior by Reorg. Plan No. II of 1939,
see Transfer of Functions note set out under section
718a of this title.

§ 718e. 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, validated as provided in section 718a of this title,
shall loan or transfer such stamp to any person
during the period of its validity; nor shall any
person other than the person validating such
stamp use it for any purpose during such period.
(b) Alteration
Except as provided in clauses (i) and (ii) of section 504(l)(D) 1 of title 18, no person shall alter,
mutilate, imitate, or counterfeit any stamp authorized by this subchapter, or imitate or counterfeit any die, plate, or engraving therefor, or
make, print, or knowingly use, sell, or have in
his possession any such counterfeit, die, plate,
or engraving.
(c) Reproduction
Notwithstanding the provisions of subsection
(b), or the prohibition in section 474 of title 18,
or other provisions of law, the Secretary may
authorize, with the concurrence of the Secretary
of the Treasury,
(1) the color reproduction, or
(2) the black and white reproduction,
of Migratory Bird Hunting and Conservation
Stamps authorized by sections 718 to 718b, 718c,
718d, and 718f to 718h of this title, which otherwise satisfies the requirements of clauses (ii)
and (iii) of section 504(1) of title 18. Any such reproduction shall be subject to those terms and
conditions deemed necessary by the Secretary
by regulation or otherwise and any proceeds received by the Federal Government as a result of
such reproduction shall be paid, after deducting
expenses for marketing, into the Migratory Bird
Conservation Fund established under section
718d of this title.
(Mar. 16, 1934, ch. 71, § 5, 48 Stat. 452; June 15,
1935, ch. 261, title I, § 5, 49 Stat. 380; Pub. L.
98–369, div. A, title X, § 1077(a), (b)(3), July 18,
1984, 98 Stat. 1054, 1055; Pub. L. 100–653, title III,
§ 302, Nov. 14, 1988, 102 Stat. 3827; Pub. L. 109–266,
§ 10(f), Aug. 3, 2006, 120 Stat. 677.)
AMENDMENTS
2006—Pub. L. 109–266, § 10(f)(1), inserted section catchline.
Subsec. (a). Pub. L. 109–266, § 10(f)(1), inserted heading
and substituted ‘‘Migratory Bird Hunting and Con1 So

in original. Probably should be ‘‘504(1)(D)’’.