[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1496 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1496
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 SENATE OF THE UNITED STATES
July 26, 2005
Mr. Crapo (for himself, Mrs. Lincoln, Mr. Lott, and Mr. Nelson of
Nebraska) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
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.
Congress finds that--
(1) on March 16, 1934, Congress passed and President
Roosevelt signed the Act of March 16, 1934 (16 U.S.C. 718a et
seq.) (popularly known as the ``Duck Stamp Act''), 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;
(3) because of that program, the United States again is
teeming with migratory waterfowl and other wildlife that
benefit from wetland habitats;
(4) as of the date of enactment of this Act, 1,700,000
migratory bird hunting and conservation stamps are sold each
year;
(5) as of 2003, those stamps have generated more than
$600,000,000 in revenue that has been used to preserve more
than 5,000,000 acres of migratory waterfowl habitat in the
United States; and
(6) many of the more than 540 national wildlife refuges
have been paid for wholly or partially with that revenue.
SEC. 3. DEFINITIONS.
In this Act:
(1) Actual stamp.--The term ``actual stamp'' means a
Federal migratory-bird hunting and conservation 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 a means in use immediately before the
date of enactment of this Act.
(2) Automated licensing system.--
(A) In general.--The term ``automated licensing
system'' means an electronic, computerized 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 licensing
system'' includes a point-of-sale, Internet, or
telephonic system used for a purpose described in
subparagraph (A).
(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 Act, 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).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. ELECTRONIC DUCK STAMP PILOT PROGRAM.
(a) Requirement To Conduct Program.--The Secretary 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 shall--
(1) use all means necessary to expeditiously implement this
section by the date that is 1 year after the beginning of the
first full Federal migratory waterfowl hunting season after the
date of enactment of this Act; and
(2) 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--
(1) a description of the format of the electronic stamp
that the State will issue under the pilot program, including
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;
(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 information as may
be reasonably required by the Secretary.
(c) Publication of Deadlines, Eligibility Requirements, and
Selection Criteria.--Not later than 30 days before the date on which
the Secretary begins accepting applications for participation in the
pilot program, the Secretary shall 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
each individual to whom a State sells an electronic stamp under the
pilot program shall receive an actual stamp--
(1) by not later than the date on which the electronic
stamp expires under section 7(c); and
(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 Secretary shall require
each State participating in the pilot program to collect and
submit 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;
(B) the face value amount of each electronic 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 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 the State portion of 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 and the Department of the Interior 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 an electronic
stamp issued by a State under the pilot program--
(1) to have the same format as any other license,
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.
(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 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 waterfowl 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 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 any of the
terms of the application of the State approved by the
Secretary under section 5; 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
(2) by the State, by providing written notice to the
Secretary by not later than the date that is 30 days before the
termination date.
SEC. 9. EVALUATION.
(a) Evaluation.--The Secretary, in consultation with State fish and
wildlife management agencies and appropriate stakeholders with
expertise specific to the duck stamp program, shall evaluate the pilot
program and determine whether the pilot program 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 those stamps;
(2) assisted States in meeting the customer service
objectives of the States with respect to those stamps;
(3) maintained actual stamps as an effective and viable
conservation tool; and
(4) maintained adequate retail availability of the
traditional paper stamp.
(b) Report.--The Secretary shall submit to Congress a report on the
findings of the Secretary under subsection (a).
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