I 
108TH CONGRESS 
2D SESSION 
H. R. 4685 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 24, 2004 
Mr. KIND (for himself, Mr. PICKERING, Mr. THOMPSON of California, Mr. 
WELDON of Pennsylvania, Mr. BERRY, Mr. BOSWELL, Mr. BOEHLERT, 
and Mr. PETERSON of Minnesota) introduced the following bill; which 
was referred to the Committee on Resources 
A BILL 
To direct the Secretary of the Interior to conduct a pilot 
program under which up to 15 States may issue elec-
tronic Federal migratory bird hunting stamps. 
Be it enacted by the Senate and House of Representa-
tives 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 2004’’. 
SEC. 2. FINDINGS. 
The Congress finds the following:
(1) On March 16, 1934, the Congress passed 
and President Roosevelt signed the Act popularly 
known as the Duck Stamp Act (16 U.S.C. 718a et 
seq.), 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 be-
come one of the most popular and successful con-
servation programs ever initiated. Because of it, our 
country again is teeming with migratory waterfowl 
and other wildlife that benefits from the wetland 
habitats. 
(3) Today, 1.7 million migratory bird hunting 
and conservation stamps are sold each year. As of 
2003, such stamps have generated more than 
$600,000,000 in revenue that has been used to pre-
serve over 5 million acres of migratory waterfowl 
habitat in the United States. Many of the more than 
540 national wildlife refuges have been paid for all 
or in part with such revenue. 
SEC. 3. DEFINITIONS. 
In this section: 
(1) ACTUAL STAMP.—The term ‘‘actual stamp’’ 
means a Federal migratory-bird hunting and con-
servation stamp required under the Act of March
16, 1934 (chapter 71; 16 U.S.C. 718a et seq., popu-
larly known as the Duck Stamp Act), that is printed 
on paper and sold through a means in use imme-
diately before the enactment of this section. 
(2) AUTOMATED
LICENSING
SYSTEM.—The 
term ‘‘automated licensing system’’— 
(A) means an electronic, computerized li-
censing system used by a State fish and wildlife 
agency to issue hunting, fishing, and other as-
sociated licenses and products; and 
(B) includes a point-of-sale, Internet, or 
telephonic system used for such purpose. 
(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 li-
censing system that is authorized, under State 
law and by the Secretary under this section, to 
issue electronic stamps; 
(D) is compatible with the hunting licens-
ing system of the State that issues the elec-
tronic stamp; and
(E) is described in the State application 
approved by the Secretary under section 4(b). 
SEC. 4. ELECTRONIC DUCK STAMP PILOT PROGRAM. 
(a) REQUIREMENT
TO CONDUCT PROGRAM.—The 
Secretary of the Interior shall conduct a 3-year pilot pro-
gram under which up to 15 States authorized by the Sec-
retary may issue electronic stamps. 
(b) COMMENCEMENT
AND
DURATION
OF
PRO-
GRAM.—The Secretary— 
(1) shall use all means necessary to expedi-
tiously implement this section no later than one year 
after the beginning of the first full Federal migra-
tory waterfowl hunting seasons after the date of the 
enactment of this Act; and 
(2) shall carry out the pilot program for 3 Fed-
eral migratory waterfowl hunting seasons. 
(c) CONSULTATION.—The Secretary shall carry out 
the program in consultation with State management agen-
cies. 
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 ap-
plication 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 the following: 
(1) A description of the format of the electronic 
stamp that the State will issue under the pilot pro-
gram, including identifying features of 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 trans-
mit electronic stamp customer data to the Secretary. 
(5) The manner by which the State will deliver 
actual stamps. 
(6) The policies and procedures under which 
the State will issue duplicate electronic stamps. 
(7) Such other policies, procedures, and infor-
mation as may be reasonably required by the Sec-
retary. 
(c) PUBLICATION OF DEADLINES, ELIGIBILITY RE-
QUIREMENTS, AND SELECTION CRITERIA.—The Secretary
shall, by not later than 30 days before receiving applica-
tions for participation in the pilot program, 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 a State must provide an actual stamp 
to each individual to whom the State sells an electronic 
stamp under the pilot program, by not later than the date 
the electronic stamp expires under section 7(c). 
(b) COLLECTION AND TRANSFER OF ELECTRONIC 
STAMP REVENUE AND CUSTOMER INFORMATION.— 
(1) REQUIREMENT
TO
TRANSMIT.—The Sec-
retary shall require that each State participating in 
the pilot program State must collect and transmit to 
the Secretary in accordance with this section— 
(A) the first name, last name, and com-
plete mailing address of each individual that 
purchases an electronic stamp from the State; 
and
(B) the face value amount of each elec-
tronic stamp sold by the State. 
(2) TIME
OF
TRANSMITTAL.—The Secretary 
shall require the transmittal 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 applica-
tion of the State approved by the Secretary 
under section 5. 
(3) ADDITIONAL FEES NOT AFFECTED.—This 
section shall not apply to any fee collected by a 
State under subsection (c). 
(c) ELECTRONIC STAMP ISSUANCE FEE.—A State 
participating in the pilot program may charge a reason-
able fee to cover costs incurred by the State in issuing 
electronic stamps under the program, including costs of 
delivery of actual stamps. 
(d) DUPLICATE ELECTRONIC STAMPS.—A State par-
ticipating in the pilot program may issue a duplicate elec-
tronic stamp to replace an electronic stamp issued by the 
State that is lost or damaged. 
(e) LIMITATION ON AUTHORITY TO REQUIRE PUR-
CHASE 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; RECOGNI-
TION OF ELECTRONIC STAMP. 
(a) STAMP REQUIREMENTS.—The Secretary shall re-
quire that an electronic stamp issued by a State under 
the pilot program must— 
(1) have the same format as any other license, 
validation, or privilege the State issues under its 
automated licensing system; and 
(2) 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 to 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 wa-
terfowl in any other State, in accordance with the 
laws of the other State governing such hunting.
(3) maintained actual stamps as an effective 
and viable conservation tool. 
(b) REPORT.—The Secretary shall submit a report on 
the findings of the Secretary under subsection (a). 
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