[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).
                                 <all>