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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1496 Enrolled Bill (ENR)]

        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 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
        (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.

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).

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.
        ``(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''.
    (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
        (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 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.

``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.
```