Migratory Bird Conservation Fund and Duck Stamp Program

The Migratory Bird Conservation Act and the Federal Duck Stamp laws are the finance-and-land-acquisition side of federal bird protection. If the Migratory Bird Treaty Act is the main prohibition-and-hunting statute, these Title 16 provisions explain how the federal government actually buys and manages wetlands, refuges, and habitat for migratory birds. Together they create a durable structure: a federal commission approves habitat acquisitions, Duck Stamp revenue and related funds flow into conservation, and the Fish and Wildlife Service uses those tools to expand and support the refuge system.

Current Law (2026)

Legal Architecture

The Commission approves habitat deals. Under 16 U.S.C. § 715a, the Migratory Bird Conservation Commission must approve areas of land or water before the federal government buys or rents them for migratory bird conservation. That makes habitat acquisition a structured federal process rather than a simple agency land purchase.

The Fish and Wildlife Service manages what gets acquired. The Act authorizes acquisition, title review, administration, and cooperation with states, while preserving certain state-law roles over criminal and civil jurisdiction and game regulation.

The Duck Stamp is the public-facing funding mechanism. The hunting-and-conservation-stamp provisions are what most people actually know: waterfowl hunters buy the federal stamp, and the revenue supports habitat work. In modern practice, the stamp also functions as both a hunting credential and a conservation-funding tool.

The Migratory Bird Conservation Act Side

The sections at 16 U.S.C. §§ 715-715s are about where bird habitat comes from and how it is managed.

• 16 U.S.C. § 715a creates the Commission and gives it approval duties
• 16 U.S.C. § 715d authorizes purchase or rental of approved areas and acceptance of gifts and devises
• 16 U.S.C. § 715i governs administration of acquired areas
• 16 U.S.C. § 715k-3 authorizes major appropriations for wetlands and other waterfowl habitat preservation
• 16 U.S.C. § 715s addresses local-government participation in revenues from FWS-administered areas

This is the statutory machinery behind much of the refuge and wetland-acquisition map in the United States. The point is not only to regulate hunting, but to secure habitat on the landscape.

The Duck Stamp Side

The Duck Stamp provisions at 16 U.S.C. §§ 718a-718j and the Electronic Duck Stamp Act provisions (Pub. L. 109-266, codified at 16 U.S.C. §§ 718l-718o) govern the migratory bird hunting and conservation stamp system.

The stamp is mandatory for most waterfowl hunters. Federal law ties lawful taking of migratory waterfowl to possession of the required stamp, subject to statutory exemptions.

Revenue goes to conservation. The stamp is unusual because it directly links lawful hunting participation to federal habitat finance. In policy terms, it is one of the clearest user-pay conservation tools in federal law.

The electronic Duck Stamp program modernized compliance. The more recent electronic-stamp provisions let states participate in a system that recognizes temporary electronic proof while maintaining the underlying conservation-funding structure.

How It Works

The program's defining structural feature is that hunters fund the habitat that sustains the birds they hunt: Federal Duck Stamp revenue flows directly into the Migratory Bird Conservation Fund and is used almost entirely for acquiring or leasing wetland and grassland habitat. The Migratory Bird Conservation Commission provides a selective acquisition model — the federal government must identify, justify, and win Commission approval for each area rather than acquiring land automatically, which keeps the program focused on ecologically important parcels and builds in political accountability. The statute is as much wetlands law as bird law: the habitat being acquired is primarily breeding marshes, resting areas, and migratory flyway corridors, and the program is one of the largest drivers of wetlands acquisition in the federal system. The revenue-sharing and state-jurisdiction provisions explain why the program has survived across Democratic and Republican administrations — by sharing receipts with local governments and preserving state wildlife jurisdiction on federal refuges, Congress structured it as cooperative conservation rather than pure federal displacement, reducing the political friction that would otherwise accompany large-scale federal land acquisition in rural areas.

Key Numbers

• Duck Stamp price: currently $25/year (set by Congress in 2015; the original 1934 price was $1); organizations have pushed for an increase to $30 or more, arguing that inflation has significantly eroded the fund's purchasing power, but Congress had not acted as of April 2026
• Habitat acquired: approximately 6.5 million acres of wetland and waterfowl habitat acquired since the program began in 1934 — one of the largest government-funded wildlife habitat acquisition programs in the world; this land feeds directly into the National Wildlife Refuge System
• Annual stamps sold: approximately 1.4 million stamps/year; approximately 40% of buyers are non-hunters who purchase the stamp for the free NWR access pass benefit or as a direct conservation donation
• Annual revenue: approximately $40-50 million/year from stamp sales; combined with other Migratory Bird Conservation Fund receipts, the program spends approximately $100 million/year on habitat acquisition
• The annual Duck Stamp Art Contest: one of the most famous federal art competitions; winning design is printed on the following year's stamp; signed artist proofs are collectors' items that sell for thousands of dollars; competing is a significant aspiration in wildlife art

How It Affects You

If you hunt ducks, geese, or other migratory waterfowl: You're legally required to buy the federal Duck Stamp ($25/year) to hunt migratory waterfowl — it's a federal requirement separate from your state hunting license and state waterfowl stamp. Buy it at any post office, sporting goods store, or online at store.usgs.gov; it's valid July 1 through June 30. You must sign it across the face in ink and carry it while hunting. Your $25 goes directly to the Migratory Bird Conservation Fund for wetland habitat acquisition — making the Duck Stamp the most direct user-pays conservation mechanism in federal law. Over the program's history, hunters have collectively contributed well over $1 billion to wetland habitat through stamp purchases.

If you visit National Wildlife Refuges for birding, wildlife photography, or recreation: The Duck Stamp doubles as a free annual pass to any National Wildlife Refuge that charges entry fees (most refuges are free, but some charge $3-5/day). For frequent refuge visitors, the $25 stamp pays for itself in a few visits. And if you buy one without hunting — roughly 40% of buyers do — your purchase directly funds wetland acquisition that supports the birds you're watching. The refuge unit you're standing in may have been acquired partly with Duck Stamp funds; that's the direct line between the stamp's $25 price and the land under your feet.

If you're a conservation organization or land trust working on waterfowl habitat: The Migratory Bird Conservation Commission approval process is the federal pathway for large-scale wetland acquisition. Organizations like Ducks Unlimited, The Nature Conservancy, and state wildlife agencies regularly bring projects to USFWS for consideration and Commission approval. Understanding what makes a project Commission-ready — conservation value for priority migratory bird species, geographic position in the flyway system, acquisition cost relative to habitat value — shapes which projects get funded. The Fund supports both fee-simple purchase and conservation easements on private land.

If you own wetland or waterfowl habitat land and are considering conservation options: The MBCF funds conservation easements as well as outright purchases. A USFWS conservation easement through the Migratory Bird Conservation Fund framework compensates you for restricting drainage, development, and habitat-degrading agricultural practices, while you retain private ownership. Easements are typically perpetual, which affects estate planning and future sale values. The easement process is coordinated through your local USFWS Ecological Services field office.

Implementing Regulations

The FWS regulations implementing the annual Federal Duck Stamp art contest live at 50 CFR Part 91 — Migratory Bird Hunting and Conservation Stamp Contest. Part 91 governs the competition through which the artwork used on each year's stamp is selected.

• § 91.11 — Contest calendar: the contest opens June 1 each year; entries must be postmarked by August 15; eligible waterfowl species are announced annually
• § 91.12 — Eligibility: open to U.S. citizens, nationals, and resident aliens; any person who has won the contest in the preceding 3 years is ineligible — a rolling blackout that prevents a single artist from dominating consecutive years
• § 91.13 — Technical requirements: the design must be a horizontal drawing or painting, 7 inches high by 10 inches wide; any medium (oil, watercolor, acrylic, pastel) is permitted; both multicolored and black-and-white entries are accepted; no digital-only submissions
• § 91.14 — Subject matter restrictions: a live portrayal of one or more birds from the five or fewer eligible waterfowl species designated for the year must be the dominant feature; the design may not include human figures, lettering, borders, or the phrase "Federal Duck Stamp"; species rotate to promote artistic variety across years — common eligible species include Mallard, Canada Goose, Northern Pintail, Green-winged Teal, and Canvasback, though the FWS designates the specific eligible list annually
• § 91.16 — Submission: each contestant may submit only one entry; entries must be accompanied by a non-refundable entrance fee and signed reproduction rights and display agreements; the artist transfers reproduction rights to the federal government upon entry, allowing the winning design to be printed in unlimited quantities without additional compensation
• § 91.17 — Property insurance: contestants are responsible for their own insurance; neither FWS nor the Department of the Interior insures contest entries; the government's liability for loss or damage to submitted artwork is limited
• § 91.18 — Disqualification: any entry that does not comply with the technical, subject-matter, or submission requirements is disqualified from the contest

The contest judge panel reviews all entries and selects the winner in a public event — the Federal Duck Stamp Contest, typically held in October — where judges evaluate designs in multiple rounds in front of an audience of artists, hunters, conservationists, and collectors. Winning a Federal Duck Stamp contest is one of the most prestigious honors in wildlife art; original winning designs are auctioned by conservation groups and can sell for six figures. The contest process is separate from the commercial licensing of duck stamp images, which the MBCF program manages through USFWS. No major amendments to Part 91 in recent years.

State Variations

These are federal statutes, but implementation varies:

• Prairie Pothole Region (North Dakota, South Dakota, Montana, Minnesota, Iowa): the most productive waterfowl breeding habitat in North America; MBCF acquisition and easement programs are most concentrated here; drought and agricultural drainage in this region directly drive breeding population trends that the Duck Stamp program is designed to stabilize
• Atlantic and Mississippi Flyways: coastal states from Maine to Florida depend on MBCF-acquired refuges as stopping points for migrating waterfowl; MBCF acquisition priorities shift based on annual waterfowl breeding surveys identifying where habitat is most needed
• Electronic Duck Stamp: the electronic stamp program allows hunters to display a digital temporary version while their physical stamp is mailed; state participation determines whether electronic stamps are accepted in that jurisdiction; most states now participate but some still require the physical stamp to be in possession while hunting

Recent Developments

The Duck Stamp price increase debate has been the most active legislative discussion around this program in recent years. At $25 since 2015, the stamp's purchasing power has been eroded by inflation and rising land prices; the program can acquire fewer acres today per stamp dollar than it could a decade ago. A Senate-passed bill in 2023 would have increased the price to $30; the House didn't act before Congress adjourned. The 119th Congress has the same debate before it; hunting and conservation organizations (often political opposites on other issues) are unified in supporting an increase.

Trump administration DOGE-related staffing reductions at USFWS create a pipeline concern for the MBCF program. The habitat acquisition process requires USFWS staff to identify candidate properties, negotiate with willing sellers, conduct title review and environmental assessment, and manage newly acquired land — work that depends on experienced realty specialists and field biologists who understand wetland ecology and flyway priorities. Staff losses slow the pipeline of acquisitions that can move through the Migratory Bird Conservation Commission, reducing the effective capacity of the Fund regardless of how much money is available.

The 2024 annual Waterfowl Breeding Population and Habitat Survey (the "duck counts" conducted jointly by USFWS and Canadian Wildlife Service each May) showed continued concern about Northern Pintail, scaup, and other duck species with below-long-term-average populations. Prairie Pothole Region drought conditions in 2024 reduced pond counts — the indicator of breeding habitat availability — in key states. These population trends directly drive conservative bag limit decisions by the Flyway Councils and USFWS, which affect hunter satisfaction and stamp sales. Sustained habitat investment through MBCF is specifically designed to buffer breeding populations against drought-cycle variation.