[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1494 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1494

  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

                             April 6, 2005

Mr. Kind (for himself and Mr. Pickering) 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 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.

    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 become one of the 
        most popular and successful conservation 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 preserve 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 conservation stamp required 
        under the Act of March 16, 1934 (chapter 71; 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 
        enactment of this section.
            (2) Automated licensing system.--The term ``automated 
        licensing system''--
                    (A) means an electronic, computerized licensing 
                system used by a State fish and wildlife agency to 
                issue hunting, fishing, and other associated 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 licensing 
                system that is authorized, under State law and by the 
                Secretary under this section, 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).

SEC. 4. ELECTRONIC DUCK STAMP PILOT PROGRAM.

    (a) Requirement to Conduct Program.--The Secretary of the Interior 
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--
            (1) shall use all means necessary to expeditiously 
        implement this section no later than one year after the 
        beginning of the first full Federal migratory waterfowl hunting 
        seasons after the date of the enactment of this Act; and
            (2) shall 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 the following:
            (1) A description of the format of the electronic stamp 
        that the State will issue under the pilot program, 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 transmit 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 information as may 
        be reasonably required by the Secretary.
    (c) Publication of Deadlines, Eligibility Requirements, and 
Selection Criteria.--The Secretary shall, by not later than 30 days 
before receiving applications 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 Secretary 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 complete mailing 
                address of each individual that purchases an electronic 
                stamp from the State; and
                    (B) the face value amount of each electronic 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 application 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 reasonable 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 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 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 waterfowl in 
        any other State, in accordance with the laws of the other State 
        governing such 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 of the terms 
                the application of the State approved by the Secretary 
                under section 5; and
                    (B) provides to the State written notice of such 
                termination by not later than 30 days before the date 
                of termination; or
            (2) by the State, by providing written notice to the 
        Secretary by not later 30 days before the termination date.

SEC. 9. EVALUATION.

    (a) Evaluation.--The Secretary, in consultation with State fish and 
wildlife management agencies, shall evaluate the pilot program and 
determine if it 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 such stamps;
            (2) assisted States in meeting their customer service 
        objectives with respect to such stamps; and
            (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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