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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1496 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                S. 1496

_______________________________________________________________________

                                 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.''.

            Passed the Senate December 16, 2005.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                                S. 1496

_______________________________________________________________________

                                 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.
```