IIB 

112TH CONGRESS 

2D SESSION H. R. 3117 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2012 

Received; read twice and referred to the Committee on Environment and 

Public Works 

AN ACT 

To grant the Secretary of the Interior permanent authority 

to authorize States to issue electronic duck stamps, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Permanent Electronic 

3 Duck Stamp Act of 2012’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ACTUAL STAMP.—The term ‘‘actual stamp’’ 

7 means a Federal migratory-bird hunting and con8 servation stamp required under the Act of March 

9 16, 1934 (16 U.S.C. 718a et seq.) (popularly known 

10 as the ‘‘Duck Stamp Act’’), that is printed on paper 

11 and sold through the means established by the au12 thority of the Secretary immediately before the date 

13 of enactment of this Act. 

14 (2) AUTOMATED LICENSING SYSTEM.— 

15 (A) IN GENERAL.—The term ‘‘automated 

16 licensing system’’ means an electronic, comput17 erized licensing system used by a State fish and 

18 wildlife agency to issue hunting, fishing, and 

19 other associated licenses and products. 

20 (B) INCLUSION.—The term ‘‘automated li21 censing system’’ includes a point-of-sale, Inter22 net, telephonic system, or other electronic appli23 cations used for a purpose described in sub24 paragraph (A). 


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1 (3) ELECTRONIC STAMP.—The term ‘‘electronic 

2 stamp’’ means an electronic version of an actual 

3 stamp that— 

4 (A) is a unique identifier for the individual 

5 to whom it is issued; 

6 (B) can be printed on paper or produced 

7 through an electronic application with the same 

8 indicators as the State endorsement provides; 

9 (C) is issued through a State automated li10 censing system that is authorized, under State 

11 law and by the Secretary under this Act, to 

12 issue electronic stamps; 

13 (D) is compatible with the hunting licens14 ing system of the State that issues the elec15 tronic stamp; and 

16 (E) is described in the State application 

17 approved by the Secretary under section 4(b). 

18 (4) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Interior. 

20 SEC. 3. AUTHORITY TO ISSUE ELECTRONIC DUCK STAMPS. 

21 (a) IN GENERAL.—The Secretary may authorize any 

22 State to issue electronic stamps in accordance with this 

23 Act. 


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1 (b) CONSULTATION.—The Secretary shall implement 

2 this section in consultation with State management agen3 cies. 

4 SEC. 4. STATE APPLICATION. 

5 (a) APPROVAL OF APPLICATION REQUIRED.—The 

6 Secretary may not authorize a State to issue electronic 

7 stamps under this Act unless the Secretary has received 

8 and approved an application submitted by the State in ac9 cordance with this section. The Secretary may determine 

10 the number of new States per year to participate in the 

11 electronic stamp program. 

12 (b) CONTENTS OF APPLICATION.—The Secretary 

13 may not approve a State application unless the application 

14 contains— 

15 (1) a description of the format of the electronic 

16 stamp that the State will issue under this Act, in17 cluding identifying features of the licensee that will 

18 be specified on the stamp; 

19 (2) a description of any fee the State will 

20 charge for issuance of an electronic stamp; 

21 (3) a description of the process the State will 

22 use to account for and transfer to the Secretary the 

23 amounts collected by the State that are required to 

24 be transferred to the Secretary under the program; 


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1 (4) the manner by which the State will transmit 

2 electronic stamp customer data to the Secretary; 

3 (5) the manner by which actual stamps will be 

4 delivered; 

5 (6) the policies and procedures under which the 

6 State will issue duplicate electronic stamps; and 

7 (7) such other policies, procedures, and infor8 mation as may be reasonably required by the Sec9 retary. 

10 (c) PUBLICATION OF DEADLINES, ELIGIBILITY RE11 QUIREMENTS, AND SELECTION CRITERIA.—Not later than 

12 30 days before the date on which the Secretary begins ac13 cepting applications under this section, the Secretary shall 

14 publish— 

15 (1) deadlines for submission of applications; 

16 (2) eligibility requirements for submitting appli17 cations; and 

18 (3) criteria for approving applications. 

19 SEC. 5. STATE OBLIGATIONS AND AUTHORITIES. 

20 (a) DELIVERY OF ACTUAL STAMP.—The Secretary 

21 shall require that each individual to whom a State sells 

22 an electronic stamp under this Act shall receive an actual 

23 stamp— 

24 (1) by not later than the date on which the 

25 electronic stamp expires under section 6(c); and 


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1 (2) in a manner agreed upon by the State and 

2 Secretary. 

3 (b) COLLECTION AND TRANSFER OF ELECTRONIC

4 STAMP REVENUE AND CUSTOMER INFORMATION.— 

5 (1) REQUIREMENT TO TRANSMIT.—The Sec6 retary shall require each State authorized to issue 

7 electronic stamps to collect and submit to the Sec8 retary in accordance with this section— 

9 (A) the first name, last name, and com10 plete mailing address of each individual that 

11 purchases an electronic stamp from the State; 

12 (B) the face value amount of each elec13 tronic stamp sold by the State; and 

14 (C) the amount of the Federal portion of 

15 any fee required by the agreement for each 

16 stamp sold. 

17 (2) TIME OF TRANSMITTAL.—The Secretary 

18 shall require the submission under paragraph (1) to 

19 be made with respect to sales of electronic stamps 

20 by a State according to the written agreement be21 tween the Secretary and the State agency. 

22 (3) ADDITIONAL FEES NOT AFFECTED.—This 

23 section shall not apply to the State portion of any 

24 fee collected by a State under subsection (c). 


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1 (c) ELECTRONIC STAMP ISSUANCE FEE.—A State 

2 authorized to issue electronic stamps may charge a reason3 able fee to cover costs incurred by the State and the De4 partment of the Interior in issuing electronic stamps 

5 under this Act, including costs of delivery of actual 

6 stamps. 

7 (d) DUPLICATE ELECTRONIC STAMPS.—A State au8 thorized to issue electronic stamps may issue a duplicate 

9 electronic stamp to replace an electronic stamp issued by 

10 the State that is lost or damaged. 

11 (e) LIMITATION ON AUTHORITY TO REQUIRE PUR12 CHASE OF STATE LICENSE.—A State may not require 

13 that an individual purchase a State hunting license as a 

14 condition of issuing an electronic stamp under this Act. 

15 SEC. 6. ELECTRONIC STAMP REQUIREMENTS; RECOGNI16 TION OF ELECTRONIC STAMP. 

17 (a) STAMP REQUIREMENTS.—The Secretary shall re18 quire an electronic stamp issued by a State under this 

19 Act— 

20 (1) to have the same format as any other li21 cense, validation, or privilege the State issues under 

22 the automated licensing system of the State; and 

23 (2) to specify identifying features of the licensee 

24 that are adequate to enable Federal, State, and 

25 other law enforcement officers to identify the holder. 


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1 (b) RECOGNITION OF ELECTRONIC STAMP.—Any 

2 electronic stamp issued by a State under this Act shall, 

3 during the effective period of the electronic stamp— 

4 (1) bestow upon the licensee the same privileges 

5 as are bestowed by an actual stamp; 

6 (2) be recognized nationally as a valid Federal 

7 migratory bird hunting and conservation stamp; and 

8 (3) authorize the licensee to hunt migratory wa9 terfowl in any other State, in accordance with the 

10 laws of the other State governing that hunting. 

11 (c) DURATION.—An electronic stamp issued by a 

12 State shall be valid for a period agreed to by the State 

13 and the Secretary, which shall not exceed 45 days. 

14 SEC. 7. TERMINATION OF STATE PARTICIPATION. 

15 The authority of a State to issue electronic stamps 

16 under this Act may be terminated— 

17 (1) by the Secretary, if the Secretary— 

18 (A) finds that the State has violated any of 

19 the terms of the application of the State ap20 proved by the Secretary under section 4; and 

21 (B) provides to the State written notice of 

22 the termination by not later than the date that 

23 is 30 days before the date of termination; or 


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1 (2) by the State, by providing written notice to 

2 the Secretary by not later than the date that is 30 

3 days before the termination date. 

Passed the House of Representatives January 23, 

2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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