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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Permanent Electronic 
Duck Stamp Act of 2012’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(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 (16 U.S.C. 718a et seq.) (popularly known 
as the ‘‘Duck Stamp Act’’), that is printed on paper 
and sold through the means established by the au-
thority of the Secretary immediately before the date 
of enactment of this Act. 
(2) AUTOMATED LICENSING SYSTEM.— 
(A) IN GENERAL.—The term ‘‘automated 
licensing system’’ means an electronic, comput-
erized 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 li-
censing system’’ includes a point-of-sale, Inter-
net, telephonic system, or other electronic appli-
cations used for a purpose described in sub-
paragraph (A). 
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(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 or produced 
through an electronic application with the same 
indicators as the State endorsement provides; 
(C) is issued through a State automated li-
censing system that is authorized, under State 
law and by the Secretary under this Act, 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). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 3. AUTHORITY TO ISSUE ELECTRONIC DUCK STAMPS. 
(a) IN GENERAL.—The Secretary may authorize any 
State to issue electronic stamps in accordance with this 
Act. 
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(b) CONSULTATION.—The Secretary shall implement 
this section in consultation with State management agen-
cies. 
SEC. 4. STATE APPLICATION. 
(a) APPROVAL
OF APPLICATION REQUIRED.—The 
Secretary may not authorize a State to issue electronic 
stamps under this Act unless the Secretary has received 
and approved an application submitted by the State in ac-
cordance with this section. The Secretary may determine 
the number of new States per year to participate in the 
electronic stamp program. 
(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 this Act, in-
cluding 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; 
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(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 infor-
mation as may be reasonably required by the Sec-
retary. 
(c) PUBLICATION OF DEADLINES, ELIGIBILITY RE-
QUIREMENTS, AND SELECTION CRITERIA.—Not later than 
30 days before the date on which the Secretary begins ac-
cepting applications under this section, the Secretary shall 
publish— 
(1) deadlines for submission of applications; 
(2) eligibility requirements for submitting appli-
cations; and 
(3) criteria for approving applications. 
SEC. 5. 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 this Act shall receive an actual 
stamp— 
(1) by not later than the date on which the 
electronic stamp expires under section 6(c); and 
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(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 Sec-
retary shall require each State authorized to issue 
electronic stamps to collect and submit to the Sec-
retary 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; 
(B) the face value amount of each elec-
tronic 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 according to the written agreement be-
tween the Secretary and the State agency. 
(3) ADDITIONAL FEES NOT AFFECTED.—This 
section shall not apply to the State portion of any 
fee collected by a State under subsection (c). 
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(c) ELECTRONIC STAMP ISSUANCE FEE.—A State 
authorized to issue electronic stamps may charge a reason-
able fee to cover costs incurred by the State and the De-
partment of the Interior in issuing electronic stamps 
under this Act, including costs of delivery of actual 
stamps. 
(d) DUPLICATE ELECTRONIC STAMPS.—A State au-
thorized to issue electronic stamps 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 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 this Act. 
SEC. 6. ELECTRONIC STAMP REQUIREMENTS; RECOGNI-
TION OF ELECTRONIC STAMP. 
(a) STAMP REQUIREMENTS.—The Secretary shall re-
quire an electronic stamp issued by a State under this 
Act— 
(1) to have the same format as any other li-
cense, 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. 
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(b) RECOGNITION
OF ELECTRONIC STAMP.—Any 
electronic stamp issued by a State under this Act 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 wa-
terfowl 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 shall be valid for a period agreed to by the State 
and the Secretary, which shall not exceed 45 days. 
SEC. 7. TERMINATION OF STATE PARTICIPATION. 
The authority of a State to issue electronic stamps 
under this Act 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 ap-
proved by the Secretary under section 4; 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 
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