IB 

Union Calendar No. 255 

112TH CONGRESS 

2D SESSION H. R. 3117 

[Report No. 112–374] 

To grant the Secretary of the Interior permanent authority to authorize 

States to issue electronic duck stamps, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 6, 2011 

Mr. WITTMAN (for himself and Mr. KIND) introduced the following bill; which 

was referred to the Committee on Natural Resources 

JANUARY 23, 2012 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on October 6, 2011] 


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A BILL 

To grant the Secretary of the Interior permanent authority 

to authorize States to issue electronic duck stamps, and 

for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

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

5 Duck Stamp Act of 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 means a Federal migratory-bird hunting and con10 servation stamp required under the Act of March 16, 

11 1934 (16 U.S.C. 718a et seq.) (popularly known as 

12 the ‘‘Duck Stamp Act’’), that is printed on paper and 

13 sold through the means established by the authority of 

14 the Secretary immediately before the date of enact15 ment of this Act. 

16 (2) AUTOMATED LICENSING SYSTEM.— 

17 (A) IN GENERAL.—The term ‘‘automated li18 censing system’’ means an electronic, computer19 ized licensing system used by a State fish and 

20 wildlife agency to issue hunting, fishing, and 

21 other associated licenses and products. 

22 (B) INCLUSION.—The term ‘‘automated li23 censing system’’ includes a point-of-sale, Inter24 net, telephonic system, or other electronic appliVerDate Mar 15 2010 21:34 Jan 23, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H3117.RH H3117

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1 cations used for a purpose described in subpara2 graph (A). 

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

4 stamp’’ means an electronic version of an actual 

5 stamp that— 

6 (A) is a unique identifier for the individual 

7 to whom it is issued; 

8 (B) can be printed on paper or produced 

9 through an electronic application with the same 

10 indicators as the State endorsement provides; 

11 (C) is issued through a State automated li12 censing system that is authorized, under State 

13 law and by the Secretary under this Act, to issue 

14 electronic stamps; 

15 (D) is compatible with the hunting licens16 ing system of the State that issues the electronic 

17 stamp; and 

18 (E) is described in the State application 

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

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

21 the Secretary of the Interior. 

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

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

24 State to issue electronic stamps in accordance with this 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 Sec6 retary may not authorize a State to issue electronic stamps 

7 under this Act unless the Secretary has received and ap8 proved an application submitted by the State in accordance 

9 with this section. The Secretary may determine the number 

10 of new States per year to participate in the electronic stamp 

11 program. 

12 (b) CONTENTS OF APPLICATION.—The Secretary may 

13 not approve a State application unless the application con14 tains— 

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

16 stamp that the State will issue under this Act, includ17 ing identifying features of the licensee that will be 

18 specified on the stamp; 

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

20 for issuance of an electronic stamp; 

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

22 to account for and transfer to the Secretary the 

23 amounts collected by the State that are required to be 

24 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 informa8 tion as may be reasonably required by the Secretary. 

9 (c) PUBLICATION OF DEADLINES, ELIGIBILITY RE10 QUIREMENTS, AND SELECTION CRITERIA.—Not later than 

11 30 days before the date on which the Secretary begins ac12 cepting applications under this section, the Secretary shall 

13 publish— 

14 (1) deadlines for submission of applications; 

15 (2) eligibility requirements for submitting appli16 cations; and 

17 (3) criteria for approving applications. 

18 SEC. 5. STATE OBLIGATIONS AND AUTHORITIES. 

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

20 shall require that each individual to whom a State sells an 

21 electronic stamp under this Act shall receive an actual 

22 stamp— 

23 (1) by not later than the date on which the elec24 tronic 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 Secretary 

6 shall require each State authorized to issue electronic 

7 stamps to collect and submit to the Secretary in ac8 cordance with this section— 

9 (A) the first name, last name, and complete 

10 mailing address of each individual that pur11 chases an electronic stamp from the State; 

12 (B) the face value amount of each electronic 

13 stamp sold by the State; and 

14 (C) the amount of the Federal portion of 

15 any fee required by the agreement for each stamp 

16 sold. 

17 (2) TIME OF TRANSMITTAL.—The Secretary shall 

18 require the submission under paragraph (1) to be 

19 made with respect to sales of electronic stamps by a 

20 State according to the written agreement between the 

21 Secretary and the State agency. 

22 (3) ADDITIONAL FEES NOT AFFECTED.—This sec23 tion shall not apply to the State portion of any fee 

24 collected by a State under subsection (c). 


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1 (c) ELECTRONIC STAMP ISSUANCE FEE.—A State au2 thorized to issue electronic stamps may charge a reasonable 

3 fee to cover costs incurred by the State and the Department 

4 of the Interior in issuing electronic stamps under this Act, 

5 including costs of delivery of actual stamps. 

6 (d) DUPLICATE ELECTRONIC STAMPS.—A State au7 thorized to issue electronic stamps may issue a duplicate 

8 electronic stamp to replace an electronic stamp issued by 

9 the State that is lost or damaged. 

10 (e) LIMITATION ON AUTHORITY TO REQUIRE PUR11 CHASE OF STATE LICENSE.—A State may not require that 

12 an individual purchase a State hunting license as a condi13 tion of issuing an electronic stamp under this Act. 

14 SEC. 6. ELECTRONIC STAMP REQUIREMENTS; RECOGNI15 TION OF ELECTRONIC STAMP. 

16 (a) STAMP REQUIREMENTS.—The Secretary shall re17 quire an electronic stamp issued by a State under this 

18 Act— 

19 (1) to have the same format as any other license, 

20 validation, or privilege the State issues under the 

21 automated licensing system of the State; and 

22 (2) to specify identifying features of the licensee 

23 that are adequate to enable Federal, State, and other 

24 law enforcement officers to identify the holder. 


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1 (b) RECOGNITION OF ELECTRONIC STAMP.—Any elec2 tronic stamp issued by a State under this Act shall, during 

3 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 State 

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

13 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. 


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Union Calendar No. 255 

112TH CONGRESS 

2D SESSION H. R. 3117 

[Report No. 112–374] 

A BILL 

To grant the Secretary of the Interior permanent 

duck stamps, and for other purposes. authority to authorize States to issue electronic 

JANUARY 23, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


srobinson on DSK4SPTVN1PROD with BILLS