[Congressional Record Volume 152, Number 98 (Monday, July 24, 2006)]
[House]
[Pages H5587-H5591]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ELECTRONIC DUCK STAMP ACT OF 2005
Mr. WALDEN of Oregon. Mr. Speaker, I move to suspend the rules and
pass the Senate bill (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.
The Clerk read as follows
S. 1496
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;
[[Page H5588]]
(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 actual
stamp.
(b) Report.--The Secretary shall submit to Congress a
report on the findings of the Secretary under subsection (a).
SEC. 10. TECHNICAL CORRECTIONS.
(a) Prohibition on Taking.--The first section of the Act of
March 16, 1934 (16 U.S.C. 718a) is amended by striking ``That
no person who has attained the age of sixteen years'' and all
that follows through the end of the section and inserting the
following:
``SECTION 1. PROHIBITION ON TAKING.
``(a) Prohibition.--
``(1) In general.--Except as provided in paragraph (2), no
individual who has attained the age of 16 years shall take
any migratory waterfowl unless, at the time of the taking,
[[Page H5589]]
the individual carries on the person of the individual a
valid Migratory Bird Hunting and Conservation Stamp,
validated by the signature of the individual written in ink
across the face of the stamp prior to the time of the taking
by the individual of the waterfowl.
``(2) Exception.--No stamp described in paragraph (1) shall
be required for the taking of migratory waterfowl--
``(A) by Federal or State agencies;
``(B) for propagation; or
``(C) by the resident owner, tenant, or sharecropper of the
property, or officially designated agencies of the Department
of the Interior, for the killing, under such restrictions as
the Secretary may by regulation prescribe, of such waterfowl
when found damaging crops or other property.
``(b) Display of Stamp.--Any individual to whom a stamp has
been sold under this Act shall, upon request, display the
stamp for inspection to--
``(1) any officer or employee of the Department of the
Interior who is authorized to enforce this Act; or
``(2) any officer of any State or political subdivision of
a State authorized to enforce State game laws.
``(c) Other Licenses.--Nothing in this section requires any
individual to affix the Migratory Bird Hunting and
Conservation Stamp to any other license prior to taking 1 or
more migratory waterfowl.''.
(b) Sales; Fund Disposition; Unsold Stamps.--Section 2 of
the Act of March 16, 1934 (16 U.S.C. 718b) is amended by
striking ``Sec. 2.'' and all that follows through the end of
subsection (a) and inserting the following:
``SEC. 2. SALES; FUND DISPOSITION; UNSOLD STAMPS.
``(a) Sales.--
``(1) In general.--The stamps required under section 1
shall be sold by the Postal Service and may be sold by the
Department of the Interior, pursuant to regulations
promulgated jointly by the Postal Service and the Secretary,
at--
``(A) any post office; and
``(B) such other establishments, facilities, or locations
as the Postal Service or the Secretary (or a designee) may
direct or authorize.
``(2) Proceeds.--The funds received from the sale of stamps
under this Act by the Department of the Interior shall be
deposited in the Migratory Bird Conservation Fund in
accordance with section 4.
``(3) Minimum and maximum values.--Except as provided in
subsection (b), the Postal Service shall collect the full
face value of each stamp sold under this section for the
applicable hunting year.
``(4) Validity.--No stamp sold under this Act shall be
valid under any circumstances to authorize the taking of
migratory waterfowl except--
``(A) in compliance with Federal and State laws (including
regulations);
``(B) on the condition that the individual so taking the
waterfowl wrote the signature of the individual in ink across
the face of the stamp prior to the taking; and
``(C) during the hunting year for which the stamp was
issued.
``(5) Unused stamps.--
``(A) Definition of retail dealer.--In this paragraph, the
term `retail dealer' means--
``(i) any individual or entity that is regularly engaged in
the business of retailing hunting or fishing equipment; and
``(ii) any individual or entity duly authorized to act as
an agent of a State or political subdivision of a State for
the sale of State or county hunting or fishing licenses.
``(B) Redemption of unused stamps.--The Department of the
Interior, pursuant to regulations promulgated by the
Secretary, shall provide for the redemption, on or before the
30th day of June of each year, of unused stamps issued for
the year under this Act that--
``(i) were sold on consignment to any person authorized by
the Secretary to sell stamps on consignment (including retail
dealers for resale to customers); and
``(ii) have not been resold by any such person.
``(6) Prohibition on certain stamp sales.--The Postal
Service shall not--
``(A) sell on consignment any stamps issued under this Act
to any individual, business, or organization; or
``(B) redeem stamps issued under this Act that are sold on
consignment by the Secretary (or any agent of the
Secretary).''.
(c) Cost of Stamps.--Section 2(b) of the Act of March 16,
1934 (16 U.S.C. 718b(b)) is amended--
(1) by striking ``(b) The'' and inserting the following:
``(b) Cost of Stamps.--The'';
(2) by striking ``Secretary of the Interior'' and inserting
``Secretary'';
(3) by striking ``migratory bird conservation fund'' and
inserting ``Migratory Bird Conservation Fund''; and
(4) in paragraph (2), by striking ``For purposes'' and all
that follows through ``of any such year.''.
(d) Authorization and Exemption.--Section 3 of the Act of
March 16, 1934 (16 U.S.C. 718c) is amended by striking ``Sec.
3. Nothing'' and inserting the following:
``SEC. 3. AUTHORIZATION AND EXEMPTION.
``Nothing''.
(e) Expenditure of Funds.--Section 4 of the Act of March
16, 1934 (16 U.S.C. 718d) is amended--
(1) by redesignating subsections (a) through (c) as
paragraphs (1) through (3), respectively, and indenting
appropriately;
(2) by striking ``Sec. 4. All moneys'' and all that follows
through ``expended:'' and inserting the following:
``SEC. 4. EXPENDITURE OF FUNDS.
``(a) In General.--All funds received for stamps sold under
this Act shall be--
``(1) accounted for by the Postal Service or the Secretary,
as appropriate;
``(2) paid into the Treasury of the United States; and
``(3) reserved and set aside as a special fund, to be known
as the `Migratory Bird Conservation Fund' (referred to in
this section as the `fund'), to be administered by the
Secretary.
``(b) Use of Funds.--All funds received into the fund are
appropriated for the following purposes, to remain available
until expended:'';
(3) in subsection (b)(1) (as redesignated by paragraphs (1)
and (2))--
(A) by striking ``(1) So much'' and all that follows
through ``for engraving'' and inserting the following:
``(1) Advance allotments.--So much as may be necessary
shall be used by the Secretary for engraving'';
(B) by striking ``migratory bird hunting stamps'' and
inserting ``Migratory Bird Hunting and Conservation Stamps'';
(C) by striking ``personal'' and inserting ``personnel'';
and
(D) by striking ``postal service'' and inserting ``Postal
Service'';
(4) in subsection (b)(2) (as so redesignated)--
(A) by striking ``(2) Except as provided in subsections (c)
and (d) of this section'' and inserting the following:
``(2) Areas for refuges.--Except as provided in paragraph
(3) and subsection (c)''; and
(B) by inserting ``(16 U.S.C. 715 et seq.)'' after
``Conservation Act'';
(5) in subsection (b)(3) (as so redesignated)--
(A) by striking ``(3) The Secretary of the Interior is
authorized to utilize funds made available under subsection
(b) of this section for the purposes of such subsection, and
such other funds as may be appropriated for the purposes of
such subsection, or of this subsection,'' and inserting the
following:
``(3) Conditions on use of funds.--The Secretary may use
funds made available under paragraph (2) for the purposes of
that paragraph, and such other funds as may be appropriated
for the purposes of that paragraph or this paragraph,''; and
(B) in the second sentence--
(i) by inserting ``(16 U.S.C. 715 et seq.)'' after
``Conservation Act''; and
(ii) by striking ``this subsection'' and inserting ``this
paragraph'';
(6) by redesignating subsection (d) as subsection (c); and
(7) in subsection (c) (as so redesignated)--
(A) in paragraph (1)--
(i) by striking ``(1) The Secretary of the Interior may
utilize'' and inserting the following:
``(1) In general.--The Secretary may use''; and
(ii) by striking ``migratory bird hunting and conservation
stamps'' and inserting ``Migratory Bird Hunting and
Conservation Stamps''; and
(B) in paragraph (2), by striking ``(2) The Secretary of
the Interior'' and inserting the following:
``(2) Components of report.--The Secretary''.
(f) Loans and Transfers, Alteration, and Reproduction of
Stamps.--Section 5 of the Act of March 16, 1934 (16 U.S.C.
718e) is amended--
(1) by striking ``Sec. 5. (a) That no person to whom has
been sold a migratory-bird hunting stamp,'' and inserting the
following:
``SEC. 5. LOANS AND TRANSFERS, ALTERATION, AND REPRODUCTION
OF STAMPS.
``(a) In General.--No person to whom has been sold a
Migratory Bird Hunting and Conservation Stamp,'';
(2) in subsection (b), by striking ``(b)'' and all that
follows through ``shall alter'' and inserting the following:
``(b) Alteration.--Except as provided in clauses (i) and
(ii) of section 504(l)(D) of title 18, United States Code, no
person shall alter'';
(3) in subsection (c)--
(A) by striking ``(c) Notwithstanding'' and inserting the
following:
``(c) Reproduction.--Notwithstanding'';
(B) by striking ``Secretary of the Interior'' each place it
appears and inserting ``Secretary''; and
(C) in the matter following paragraph (2)--
(i) by striking ``migratory bird hunting stamps'' and
inserting ``Migratory Bird Hunting and Conservation Stamps'';
and
(ii) by striking ``shall be paid into the migratory bird
conservation fund'' and inserting ``shall be paid, after
deducting expenses for marketing, into the Migratory Bird
Conservation Fund''.
(g) Enforcement.--Section 6 of the Act of March 16, 1934
(16 U.S.C. 718f) is amended--
(1) by striking ``Sec. 6. For the efficient'' and inserting
the following:
``SEC. 6. ENFORCEMENT.
``For the efficient''; and
(2) in the first sentence--
(A) by striking ``Secretary of Agriculture'' and inserting
``Secretary'';
(B) by striking ``Department of Agriculture'' and inserting
``Department of the Interior''; and
[[Page H5590]]
(C) by inserting ``(16 U.S.C. 703 et seq.)'' after ``Treaty
Act''.
(h) Violations; Cooperation; Use of Contest Fees;
Definitions; Short Title.--The Act of March 16, 1934 is
amended by striking sections 7 through 10 (16 U.S.C. 718g-
718j) and inserting the following:
``SEC. 7. VIOLATIONS.
``Any person that violates or fails to comply with any
provision of this Act (including a regulation promulgated
under this Act) shall be subject to the penalties described
in section 6 of the Migratory Bird Treaty Act (16 U.S.C.
707).
``SEC. 8. COOPERATION.
``The Secretary is authorized to cooperate with the States
and the territories and possessions of the United States in
the enforcement of this Act.
``SEC. 9. USE OF CONTEST FEES.
``Notwithstanding any other provision of law, funds
received by the United States Fish and Wildlife Service in
the form of fees for entering any Migratory Bird Hunting and
Conservation Stamp contest shall be credited--
``(1) first, to the appropriation account from which
expenditures for the administration of the contest are made;
and
``(2) second, to the extent any funds remain, to the
Migratory Bird Conservation Fund.
``SEC. 10. DEFINITIONS.
``(a) In General.--In this Act, the terms defined in the
Migratory Bird Conservation Act (16 U.S.C. 715 et seq.) and
the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) have
the meanings given those terms in those Acts.
``(b) Other Definitions.--In this Act:
``(1) Hunting year.--The term `hunting year' means the 1-
year period beginning on July 1 of each year.
``(2) Migratory waterfowl.--The term `migratory waterfowl'
means the species enumerated in paragraph (a) of subdivision
1 of article I of the Convention between the United States
and Great Britain for the Protection of Migratory Birds,
signed at Washington on August 16, 1916 (USTS 628) (16 U.S.C.
703 et seq.).
``(3) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(4) State.--The term `State' means--
``(A) a State;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico;
``(D) Guam;
``(E) American Samoa;
``(F) the Commonwealth of the Northern Mariana Islands;
``(G) the Federated States of Micronesia;
``(H) the Republic of the Marshall Islands;
``(I) the Republic of Palau; and
``(J) the United States Virgin Islands.
``(5) Take.--The term `take' means--
``(A) to pursue, hunt, shoot, capture, collect, or kill; or
``(B) to attempt to pursue, hunt, shoot, capture, collect,
or kill.
``SEC. 11. SHORT TITLE.
``This Act may be cited as the `Migratory Bird Hunting and
Conservation Stamp Act'.''.
(i) Disposition of Unsold Stamps.--Section 3 of the Act of
July 30, 1956 (Public Law 84-838; 70 Stat. 722), is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) in subsection (a) (16 U.S.C. 718b-1)--
(A) by striking ``Sec. 3. (a) Hereafter'' and all that
follows through the end of the first sentence and inserting
the following:
``SEC. 3. DISPOSITION OF UNSOLD STAMPS.
``(a) Disposition of Unsold Stamps.--A Migratory Bird
Hunting and Conservation Stamp shall be transferred to the
Postal Service or the Secretary of the Interior (or a
designee) for sale to a collector if the stamp--
``(1) has not been sold by the end of the hunting year (as
that term is defined in section 10 of the Migratory Bird
Hunting and Conservation Stamp Act) during which the stamp is
issued; and
``(2) as determined by the Postal Service or the Secretary
of the Interior--
``(A) is appropriate to supply a market for sale to
collectors; and
``(B) is in suitable condition for sale to a collector.'';
and
(B) by striking the second sentence and inserting the
following:
``(b) Surplus Stock.--The Postal Service or the Secretary
of the Interior may destroy any surplus stock of Migratory
Bird Hunting and Conservation Stamps at such time and in such
manner as the Postal Service or the Secretary of the Interior
determines to be appropriate.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Oregon (Mr. Walden) and the gentlewoman from Guam (Ms. Bordallo) each
will control 20 minutes.
The Chair recognizes the gentleman from Oregon.
General Leave
Mr. WALDEN of Oregon. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Oregon?
There was no objection.
Mr. WALDEN of Oregon. Mr. Speaker, I yield myself such time as I may
consume.
I am pleased to support Senate 1496, the Electronic Duck Stamp Act. I
would also like to compliment the author of this legislation, Senator
Mike Crapo, and the sponsors of the House version, Congressmen Ron Kind
and Chip Pickering.
The first Federal duck stamp was issued in 1934. Since that time,
hunters and wildlife art enthusiasts have purchased more than 122
million stamps that have produced more than $700 million in revenues.
With those funds, the Migratory Bird Commission has conserved more than
5.2 million acres of land that have provided essential habitat for
countless migratory birds.
Senate 1496 is a positive step in the right direction of bringing
this program into the 21st century. Today, hunters and fishermen
throughout the United States can obtain their necessary State licenses
online. The Electronic Duck Stamp Act will direct the Secretary of the
Interior to conduct a 3-year pilot program by allowing certain States
to issue electronic Federal migratory bird stamps.
Under the terms of the bill, the Fish and Wildlife Service will
approve the application of any interested States that will include the
format of the stamp, a description of any processing fees, the process
of delivering the actual printed duck stamp and the issuance of any
duplicate stamps. In addition, the legislation contains safeguards to
ensure customer satisfaction, the maintenance of traditional stamps and
adequate retail availability of the actual stamp.
Senate 1496 is the result of successful negotiations between the U.S.
Fish and Wildlife Service, the States and conservation organizations.
It is a sound bill that will provide customer convenience without
undermining the Federal duck stamp program. After the 3-year trial
period, Congress can then decide whether to make the electronic duck
stamps a permanent fixture.
With that, Mr. Speaker, I urge an ``aye'' vote on Senate 1496.
Mr. Speaker, I reserve the balance of my time.
Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
(Ms. BORDALLO asked and was given permission to revise and extend her
remarks.)
Ms. BORDALLO. Mr. Speaker, I support this legislation that would
direct the Secretary of the Interior to initiate a pilot program to
provide a convenient electronic option for waterfowl hunters to
purchase their annual duck stamp, an icon in American conservation
which since 1934 has generated over $700 million for waterfowl habitat
acquisition and protection.
I applaud the sponsor of the House companion legislation, Congressman
Ron Kind, for his leadership on this issue and for his commonsense
recognition that we should take advantage of modern technology to
increase the availability and ease in acquiring duck stamps.
I also commend Mr. Kind for the great sensitivity he has shown in
making sure that the pilot program created under this legislation will
not undermine the artistic value of the paper stamps. These stamps will
still be issued for sale, and we expect that they will continue to be
cherished by stamp collectors and conservationists for many years to
come.
This legislation also contains some overdue technical amendments to
the Duck Stamp Act itself, which should provide helpful clarifications
important in maintaining and enhancing this very popular program.
I urge Members to support this noncontroversial bill.
Mr. Speaker, I reserve the balance of my time.
Mr. WALDEN of Oregon. Mr. Speaker, I yield such time as he may
consume to the gentleman from New Jersey (Mr. Garrett) for a colloquy.
Mr. GARRETT of New Jersey. Mr. Speaker, with regard to S. 1496, this
program, my understanding, creates a 3-year pilot program to distribute
Federal duck stamps electronically. Duck stamps are something which I
am very familiar with and am completely in support of the overall
program. These stamps are sold to hunters, conservationists and
collectors, raising funds to acquire land in the national wildlife
[[Page H5591]]
refuge system, which, in turn, are then beneficial to the duck hunters
in my district and yours as well.
The question goes to the overall cost of this system and who will be
paying for the system. Traditionally, under the duck stamp program, it
is not a cost to the overall taxpayers of the country. Rather, it is
those who enter in to select to buy the duck stamps themselves.
However, this is the point. CBO estimates that this bill will cost
$750,000, or three-quarters of a million dollars, over the next 3 years
to implement and that the fees authorized will not be sufficient to
offset this cost. In light of this report from the CBO, can you assure
us that the costs will be generated from the actual sale of the stamps,
and can you point out where the error has been, therefore, in the CBO
cost estimates in this program?
Mr. WALDEN of Oregon. Mr. Speaker, will the gentleman yield?
Mr. GARRETT of New Jersey. I yield to the gentleman from Oregon.
Mr. WALDEN of Oregon. Mr. Speaker, I appreciate the gentleman's
question.
The CBO does estimate, indeed, that the implementing legislation
would cost the Federal Government $750,000 over the next 3 years,
assuming the availability of appropriated funds. However, this is also
set up and estimates the Fish and Wildlife Service would spend $250,000
annually to carry out the 3-year project, again, assuming the
availability of appropriated funds, but the legislation makes it very
specific that they can recoup their costs as an administrative fee when
they issue the duck stamp.
So it should become very self-supporting. Just as you referenced in
the other program, they can actually add a cost to cover their
administrative costs. We are just trying to simplify this, make it
available online to duck hunters as an ease. They will still get the
duck stamp in the mail, but we anticipate fully in the legislation the
cost to be recovered by the users.
Mr. GARRETT of New Jersey. I do appreciate that.
So it is your understanding that there is, in essence, a base price
for the stamp and then maybe perhaps, I will use the term supplemental
cost, which will be the costs going on the sale over the Web or
whatever the exchange is.
Mr. WALDEN of Oregon. That is my understanding, yes.
Mr. GARRETT of New Jersey. I apologize for being redundant on this
point, is there something specific that I that can look back to
specifically in the language that says that, that goes to that point?
Mr. WALDEN of Oregon. If the gentleman will suspend for a moment.
Mr. GARRETT of New Jersey. I think we are on the same page on this. I
want to just make sure that it is revenue neutral.
Mr. WALDEN of Oregon. It is a several page bill. If we had had a
little advance warning, we could have had it highlighted here.
Section 6(3)(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.
Does that clarify?
Mr. GARRETT of New Jersey. I thank you.
Mr. WALDEN of Oregon. Does that satisfy the gentleman's question
then?
Mr. GARRETT of New Jersey. Yes.
Mr. WALDEN of Oregon. Very good.
Mr. KIND. Mr. Speaker, I rise today in support of S. 1496, the
companion legislation to H.R. 1494 that Representative Chip Pickering
and I authored, the Electronic Duck--or E-Duck--Stamp Act. This
legislation has a simple purpose: To make it easier for duck hunters,
stamp and wildlife art collectors, and conservationists to do the
things they love. The bill does this by creating a pilot program in
which 15 States, authorized by the Secretary of the Interior, may issue
Federal duck stamps electronically.
Since its creation in 1934, the Federal Duck Stamp Program has become
one of the most popular and successful conservation programs ever
initiated. Because of it, our country is again teeming with migratory
waterfowl and other wildlife that rely on wetland habitats. Today,
roughly 1.7 million hunting and conservation stamps are sold each year.
Recent data show that the sale of Federal duck stamps has generated
more than $700,000,000 in revenue used to preserve over 5.2 million
acres of migratory waterfowl habitat in the United States.
The E-Duck Stamp Act seeks to enhance the strong legacy of this
important conservation program. Under this bill, hunters will, for the
first time, be able to purchase duck stamps on-line in a safe, easy,
and convenient manner. People living in rural areas, like mine in
western Wisconsin, will no longer have to gas up the truck to buy a
stamp, and instead can double-click their mouse and be ready to go
hunt. More importantly, it provides this new alternative while
protecting the legacy that the great duck stamp artist ding darling
left us by taking explicit measures to ensure the future of the actual
stamp--miniature works of art from some of our country's best wildlife
artists.
I would like to thank both Ducks Unlimited and the International
Association of Fish and Wildlife Agencies in crafting this bill. I
appreciate their strong commitment to the Federal Duck Stamp Program
and their input into the creation of this legislation. Additionally, I
would like to thank everyone on resources staff and the Congressional
Sportsmen's Caucus for all their hard work on this legislation. I look
forward to continuing our work together to implement this program once
it becomes law.
I urge all my colleagues to support S. 1496.
Ms. BORDALLO. Mr. Speaker, I have no further speakers, and I yield
back the balance of my time.
Mr. WALDEN of Oregon. Mr. Speaker, I encourage my colleagues to
support S. 1496, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Oregon (Mr. Walden) that the House suspend the rules and
pass the Senate bill, S. 1496.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. HENSARLING. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this question will
be postponed.
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