1.This Act may be cited as the
Electronic Duck Stamp Act of
2005
.
2.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.
3.In this Act:
(1)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)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)The term automated licensing
system includes a point-of-sale, Internet, or telephonic system used for
a purpose described in subparagraph (A).
(3)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)The term Secretary means the
Secretary of the Interior.
4.Electronic duck stamp
pilot program
(a)Requirement To
conduct programThe 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 programThe
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)The Secretary shall carry out the program
in consultation with State management agencies.
5.
(a)Approval of
application requiredA 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)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 criteriaNot 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.
6.State obligations and
authorities
(a)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)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)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 affectedThis section
shall not apply to the State portion of any fee collected by a State under
subsection (c).
(c)Electronic stamp
issuance feeA 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 stampsA 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 licenseA State may not require that an individual
purchase a State hunting license as a condition of issuing an electronic stamp
under the pilot program.
7.Electronic stamp
requirements; recognition of electronic stamp
(a)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 stampAny
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)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.
8.Termination of State
participationParticipation 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.
9.
(a)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)The Secretary shall submit to Congress a
report on the findings of the Secretary under subsection (a).