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16 U.S.C. § 718bSales; fund disposition; unsold stamps

submitted 92 years ago by ch. 71 to r/title-16-CONSERVATION · 577 words · no verdicts yet

in plain englishAI-generated · not legal advice

(a) Sales (1) In general The stamps required under section 718a of this title must be sold by the Postal Service and may be sold by the Department of the Interior, under 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 subchapter by the Department of the Interior must be deposited in the Migratory Bird Conservation Fund under section 718d of this title .

(a) Sales (1) In general The stamps required under section 718a of this title must be sold by the Postal Service and may be sold by the Department of the Interior, under 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 subchapter by the Department of the Interior must be deposited in the Migratory Bird Conservation Fund under section 718d of this title . (3) Minimum and maximum values Except as provided in subsection (b), the Postal Service must collect the full face value of each stamp sold under this section for the applicable hunting year. (4) Validity No stamp sold under this subchapter must 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 before 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, under regulations promulgated by the Secretary, must provide for the redemption, on or before the 30th day of June of each year, of unused stamps issued for the year under this subchapter 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 must not— (A) sell on consignment any stamps issued under this subchapter to any individual, business, or organization; or (B) redeem stamps issued under this subchapter that are sold on consignment by the Secretary (or any agent of the Secretary). (b) Cost of stamps The Postal Service must collect $10.00 for each stamp sold under the provisions of this section for hunting years 1987 and 1988, $12.50 for hunting years 1989 and 1990, $15.00 for hunting years 1991 through 2013, and $25 for each hunting year thereafter, if the Secretary determines, at any time before February 1 of the calendar year in which such hunting year begins, that all sums in the Migratory Bird Conservation Fund available for obligation and attributable to— (1) amounts appropriated under this subchapter for the fiscal year ending in the immediately preceding calendar year; and (2) the sale of stamps under this section during such fiscal year have been obligated for expenditure. (c) Reduction in price of stamp The Secretary may reduce the price of each stamp sold under the provisions of this section for a hunting year if the Secretary determines that the increase in the price of the stamp after hunting year 2013 resulted in a reduction in revenues deposited into the fund.
the actual law source: uscode.house.gov ↗public domain
(a) Sales
(1) In general

The stamps required under section 718a of this title 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 subchapter by the Department of the Interior shall be deposited in the Migratory Bird Conservation Fund in accordance with section 718d of this title.

(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 subchapter 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 subchapter 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 subchapter to any individual, business, or organization; or

(B)

redeem stamps issued under this subchapter that are sold on consignment by the Secretary (or any agent of the Secretary).

(b) Cost of stamps

The Postal Service shall collect $10.00 for each stamp sold under the provisions of this section for hunting years 1987 and 1988, $12.50 for hunting years 1989 and 1990, $15.00 for hunting years 1991 through 2013, and $25 for each hunting year thereafter, if the Secretary determines, at any time before February 1 of the calendar year in which such hunting year begins, that all sums in the Migratory Bird Conservation Fund available for obligation and attributable to—

(1)

amounts appropriated pursuant to this subchapter for the fiscal year ending in the immediately preceding calendar year; and

(2)

the sale of stamps under this section during such fiscal year

have been obligated for expenditure.

(c) Reduction in price of stamp

The Secretary may reduce the price of each stamp sold under the provisions of this section for a hunting year if the Secretary determines that the increase in the price of the stamp after hunting year 2013 resulted in a reduction in revenues deposited into the fund.

Source credit: (Mar. 16, 1934, ch. 71, § 2, 48 Stat. 451; June 15, 1935, ch. 261, title I, § 2, 49 Stat. 379; Aug. 12, 1949, ch. 421, § 1, 63 Stat. 599; July 30, 1956, ch. 782, §§ 2, 3(c), formerly § 3(b), 70 Stat. 722, renumbered Pub. L. 109–266, § 10(i)(1), Aug. 3, 2006, 120 Stat. 679; Pub. L. 85–585, § 1, Aug. 1, 1958, 72 Stat. 486; Pub. L. 92–214, §§ 1, 2, Dec. 22, 1971, 85 Stat. 777; Pub. L. 94–215, § 3(b), (c), Feb. 17, 1976, 90 Stat. 189; Pub. L. 94–273, § 34, Apr. 21, 1976, 90 Stat. 380; Pub. L. 95–552, § 1, Oct. 30, 1978, 92 Stat. 2071; Pub. L. 95–616, § 7(a), Nov. 8, 1978, 92 Stat. 3114; Pub. L. 99–625, § 3, Nov. 7, 1986, 100 Stat. 3502; Pub. L. 99–645, title II, § 202, Nov. 10, 1986, 100 Stat. 3586; Pub. L. 109–266, § 10(b), (c), Aug. 3, 2006, 120 Stat. 674, 675; Pub. L. 113–264, § 2(1), (2), Dec. 18, 2014, 128 Stat. 2939.)

history & why it existsrecord from the source credit
  • 1934Enacted · Act of Mar. 16, 1934, ch. 71 · 48 Stat. 451
  • 1935Amended · Act of June 15, 1935, ch. 261 · 49 Stat. 379
  • 1949Amended · Act of Aug. 12, 1949, ch. 421 · 63 Stat. 599
  • 1956Amended · Pub. L. 109-266 · 70 Stat. 722
  • 1958Amended · Pub. L. 85-585 · 72 Stat. 486
  • 1971Amended · Pub. L. 92-214 · 85 Stat. 777
  • 1976Amended · Pub. L. 94-215 · 90 Stat. 189
  • 1976Amended · Pub. L. 94-273 · 90 Stat. 380
  • 1978Amended · Pub. L. 95-552 · 92 Stat. 2071
  • 1978Amended · Pub. L. 95-616 · 92 Stat. 3114
  • 1986Amended · Pub. L. 99-625 · 100 Stat. 3502
  • 1986Amended · Pub. L. 99-645 · 100 Stat. 3586
  • 2006Amended · Pub. L. 109-266 · 120 Stat. 674, 675
  • 2014Amended · Pub. L. 113-264 · 128 Stat. 2939

A history note hasn’t been published yet. The record shows enactment by ch. 71 on 1934-03-16.

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