[Senate Report 113-210]
[From the U.S. Government Publishing Office]
Calendar No. 466
113th Congress Report
SENATE
2d Session 113-210
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MIGRATORY BIRD HABITAT INVESTMENT AND ENHANCEMENT ACT
_______
July 15, 2014.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1865]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1865) to amend the prices set for Federal
Migratory Bird Hunting and Conservation Stamps and make limited
waivers of stamp requirements for certain users, having
considered the same, reports favorably thereon, with an
amendment, and recommends that the bill, as amended, do pass.
General Statement and Background
The Federal Migratory Bird Hunting and Conservation Stamp,
known as the Federal Duck Stamp, was originally created in
1934. Hunters over the age of 16 must purchase a Federal Duck
Stamp each year to hunt migratory waterfowl. Ninety-eight cents
out of every dollar generated by the sales of Federal Duck
Stamps goes directly to purchase or lease wetland and waterfowl
habitat for protection in the National Wildlife Refuge System.
Since 1934, Duck Stamp revenues have helped acquire more than
5.3 million acres of waterfowl habitat.
The cost of the Duck Stamp, which is currently $15, has not
increased since 1991. According to testimony from the U.S. Fish
and Wildlife Service, the cost would need to be more than $24
today to accommodate for inflation.
S. 1865, as reported, would require the Secretary of the
Interior in consultation with the Migratory Bird Commission to
set the price of the Duck Stamp for the 5-calendar-year period
beginning in 2014 and each 5-year period thereafter. The bill
limits the cost increase in the first 5-year period and each
subsequent period to $25 and $30, respectively. The bill also
authorizes the Secretary to waive requirements for certain
individuals to purchase a Duck Stamp if the Secretary
determines the waiver will have a minimal adverse effect on
funds collected.
Objectives of the Legislation
The Migratory Bird Habitat Investment and Enhancement Act
(S. 1865) authorizes the Secretary of the Interior, in
consultation with the Migratory Bird Conservation Commission,
to set prices for Federal Migratory Bird Hunting and
Conservation Stamps (Duck Stamps) and make limited waivers of
stamp requirements for certain users
Section-by-Section Analysis
Section 1. Short title
Section 1 provides that this Act may be cited as the
``Migratory Bird Habitat Investment and Enhancement Act''.
Section 2. Findings
Section 2 provides Congressional findings regarding the
benefits of the Duck Stamp and the rationale for increasing the
cost of the duck stamp.
Section 3. Cost of stamps
Section 3 authorizes the Secretary of the Interior to set
the price of the Duck Stamp for a 5-calendar-year period
beginning in 2014 and each 5 calendar-year period thereafter.
This section, as modified by a technical correction to clarify
the authority of the Secretary, also sets a limit on the price
of the Duck Stamp, which cannot exceed $25 during the first
five-year period and $30 during any subsequent five-year
period.
Section 4. Waivers
Section 4 authorizes the Secretary to waive requirements
for certain individuals to purchase a Duck Stamp if the
Secretary determines the waiver will have a minimal adverse
effect on funds collected.
Legislative History
S. 1865 was introduced by Senators Begich, Coons, Baucus,
and Tester on December 19, 2013. The bill was received, read
twice, and referred to the Committee on Environment and Public
Works. On February 6, 2014, the full Committee on Environment
and Public Works met to consider the bill. The bill was ordered
reported favorably.
Hearings
On April 24th, 2012, the Water and Wildlife Subcommittee of
the Senate Environment and Public Works Committee held a
legislative hearing on multiple bills, including S. 2156, which
was a similar version of this legislation introduced in the
112th Congress.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 1865 on February 6, 2014. The bill was ordered
reported favorably by voice vote with Senator Sessions recorded
as ``no''.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 1865
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals. The Committee further notes that the Congressional
Budget Office has identified the increased cost of the Federal
duck stamp as a private sector mandate but also found ``. . .
the incremental cost of complying with the mandate would fall
well below the annual threshold for private-sector mandates
($152 million in 2014, adjusted annually for inflation).''
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee noted that the Congressional
Budget Office has found, ``S. 1865 contains no
intergovernmental mandates as defined in UMRA and would impose
no costs on state, local, or tribal governments. Further, CBO
finds that, ``S. 1865 would impose a private-sector mandate, as
defined in UMRA,'' but ``. . . CBO estimates that the
incremental cost of complying with the mandate would fall well
below the annual threshold for private-sector mandates ($152
million in 2014, adjusted annually for inflation).''
May 2, 2014.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1865, the Migratory
Bird Habitat Investment and Enhancement Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Martin von
Gnechten.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 1865--Migratory Bird Habitat Investment and Enhancement Act
Summary: S. 1865 would allow the Department of the Interior
(DOI) to raise the price charged for Federal Migratory Bird
Hunting and Conservation Stamps (referred to as federal duck
stamps), subject to annual caps on the amount. Federal duck
stamps are annual permits to hunt migratory waterfowl that are
sold by the federal government. The stamps also allow entry to
National Wildlife Refuges that charge entrance fees. Sales
proceeds are used to acquire wetlands for inclusion in the
National Wildlife Refuge System.
CBO estimates that enacting S. 1865 would reduce the
deficit by $9 million over the 2015-2024 period. Collections
from the sale of duck stamps are recorded in the budget as
revenues, deposited in the Migratory Bird Conservation Fund
(MBCF), and later spent. Because the bill would affect direct
spending and revenues, pay-as-you-go procedures apply. In
addition, we estimate that implementing the bill would have no
significant effect on discretionary spending.
S. 1865 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments.
By increasing the annual fee for duck stamps, S. 1865 would
impose a private-sector mandate, as defined in UMRA, on
individuals required to obtain the stamp as a federal permit to
hunt migratory waterfowl. Based on information from gaming
officials, CBO estimates that the incremental cost of complying
with the mandate would fall well below the annual threshold for
private-sector mandates ($152 million in 2014, adjusted
annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 1865 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
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2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2015-2019 2015-2024
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CHANGES IN REVENUES
Estimated Revenues.......................................... * 13 13 13 13 21 21 21 22 22 52 159
CHANGES IN DIRECT SPENDING
Estimated Budget Authority.................................. * 13 13 13 13 21 21 21 22 22 52 159
Estimated Outlays........................................... * 8 12 13 13 18 21 21 22 22 47 150
NET INCREASE OR DECREASE (-) IN THE DEFICIT FROM
CHANGES IN DIRECT SPENDING AND REVENUES
Impact on the Deficit....................................... * -5 -1 0 0 -3 0 0 0 0 -5 -9
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Note: * = less than $500,000.
Basis of Estimate: For this estimate, CBO assumes that S.
1865 will be enacted near the end of 2014 and that DOI will
begin charging higher fees authorized under the bill at the
start of the 2015 hunting season (July 2015). Estimated outlays
are based on the program's historical spending pattern.
Revenues
S. 1865 would allow DOI to increase the price of federal
duck stamps, which currently sell for $15 (for an annual
permit). Over the first five-year period starting in 2014, the
price would be allowed to rise to $25. In subsequent years, the
bill would authorize DOI to increase the price up to $30. CBO
assumes that the price would be set at the maximum authorized
amount in each year. Based on information provided by DOI, CBO
estimates that federal revenues would increase by between $13
million to $22 million annually, amounting to a total increase
of $159 million over the 2015-2024 period. CBO's estimate
reflects the fact that increasing the price of duck stamps has
usually resulted in a temporary reduction in the number of
stamps sold.
Direct spending
As under existing law, additional collections from the sale
of duck stamps under the bill would be deposited in the MBCF
and would be available without further appropriation for
waterfowl conservation projects. In recent years, revenues from
duck stamps have provided about $22 million annually for such
projects, which usually focus on acquiring habitat. CBO
estimates that enacting the legislation would increase spending
from the MBCF by about $150 million over the 2015-2024 period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays and revenues that are
subject to those pay-as-you-go procedures are shown in the
following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 1865, THE MIGRATORY BIRD HABITAT INVESTMENT AND ENHANCEMENT ACT, AS ORDERED REPORTED BY THE SENATE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS FEBRUARY 6, 2014
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By fiscal year, in millions of dollars--
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2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2014-2019 2014-2024
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NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact..................... 0 0 -5 -1 0 0 -3 0 0 0 0 -5 -9
Memorandum:
Changes in Outlays............................. 0 0 8 12 13 13 18 21 21 22 22 47 150
Changes in Revenues............................ 0 0 13 13 13 13 21 21 21 22 22 52 159
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Estimated effect on state, local, and tribal governments:
S. 1865 contains no intergovernmental mandates as defined in
UMRA and would impose no costs on state, local, or tribal
governments.
Estimated effect on the private sector: By increasing the
annual fee for duck stamps, which serve as a federal permit
that individuals are required to obtain to hunt migratory
waterfowl, S. 1865 would impose a private-sector mandate, as
defined in UMRA. Based on information from gaming officials
regarding the number of migratory bird hunters, CBO estimates
that the fee increase would total between $13 million to $22
million annually over the 2016-2024 period. (Some purchases of
duck stamps are made voluntarily by conservationists and those
purchases would not be considered a mandate under UMRA.) As a
result, CBO estimates that the incremental cost of complying
with the mandate would fall well below the annual threshold for
private-sector mandates ($152 million in 2014, adjusted
annually for inflation).
Estimate prepared by: Federal Costs: Barbara Edwards--
Revenues; Martin von Gnechten--Spending; Impact on state,
local, and tribal governments: Melissa Merrell; Impact on the
private sector: Paige Piper/Bach.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
Migratory Bird Hunting and Conservation Stamp Act
* * * * * * *
SECTION 1. [16 U.S.C. 718A] PROHIBITION ON TAKING.
(a) Prohibition.--
(1) In general.--Except as provided in paragraph (2)
and subsection (d), 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.
(d) Waivers.--
(1) In general.--The Secretary, in consultation with
the Migratory Bird Conservation Commission, may waive
requirements under this section for such individuals as
the Secretary, in consultation with the Migratory Bird
Conservation Commission, determines to be appropriate.
(2) Limitation.--In making the determination
described in paragraph (1), the Secretary shall grant
only those waivers the Secretary determines will have a
minimal adverse effect on funds to be deposited in the
Migratory Bird Conservation Fund established under
section 4(a)(3).
SEC. 2. [16 U.S.C. 718B] SALES; FUND DISPOSITION; UNSOLD STAMPS.
(a) Sales.--
(1) In general.--* * *
* * * * * * *
[(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, and $15.00 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\1\ attributable to--
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\1\Section 3 of Public Law 99-625 (100 Stat. 3502) and section
202(3) of Public Law 99-645 (100 Stat. 3586) both amended the first
sentence of this subsection by inserting ``available for obligation
and'' before ``attributable to''.
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[(1) amounts appropriated pursuant to the Act for the
fiscal year ending in the immediately preceding
calendar year; and
[(2) the sale of stamps under this section during
such fiscal year\2\ have been obligated for
expenditure.]
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\2\So in law. The matter following ``such fiscal year'' in
paragraph (2) probably should end with such phrase followed by a
semicolon.
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(b) Cost of Stamps.--
(1) In general.--For the 5-calendar-year period
beginning with calendar year 2014, and for each 5-
calendar-year period thereafter, the Secretary, in
consultation with the Migratory Bird Conservation
Commission, shall establish the amount to be collected
under paragraph (2) for each stamp sold under this
section, provided that the amount shall not exceed $25
for the initial 5-calendar-year period and not exceed
$30 for [the] any subsequent 5-calendar-year period.
(2) Collection of amounts.--The United States Postal
Service, the Department of the Interior, or any other
agent approved by the Department of the Interior, shall
collect the amount established under paragraph (1) for
each stamp sold under this section for a hunting year
if the Secretary determines, at any time before
February 1 of the calendar year during which the
hunting year begins, that all amounts described in
paragraph (3) have been obligated for expenditure.
(3) Amounts.--The amounts described in this paragraph
are amounts in the Migratory Bird Conservation Fund
available for obligation and attributable to--
(A) amounts appropriated pursuant to this Act
for the fiscal year ending in the immediately
preceding calendar year; and
(B) the sale of stamps under this section
during that fiscal year.
* * * * * * *