S. 1496

One Hundred Ninth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the third day of January, two thousand and six

An Act

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.

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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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.

(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.

(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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(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.

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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SEC. 7. ELECTRONIC STAMP REQUIREMENTS; RECOGNITION OF ELECTRONIC STAMP.

(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.

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.

(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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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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‘‘(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:

‘‘SEC. 3. AUTHORIZATION AND EXEMPTION.

‘‘Nothing’’.
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(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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(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
S. 1496—9

striking sections 7 through 10 (16 U.S.C. 718g–718j) and inserting

the following:

‘‘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).

‘‘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.

‘‘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.

‘‘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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‘‘SEC. 11. SHORT TITLE.

‘‘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:

‘‘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.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.