[Congressional Record (Bound Edition), Volume 151 (2005), Part 21]
[Senate]
[Pages 29046-29049]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   ELECTRONIC DUCK STAMP ACT OF 2005

  The Senate proceeded to consider the 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, 
which had been reported from the Committee on Environment and Public 
Works with amendments.
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                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;
       (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

[[Page 29047]]

     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] 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, 
     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).''.

[[Page 29048]]

       (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
       (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 committee amendments were agreed to.
  The bill (S. 1496), as amended, was read the third time and passed.

[[Page 29049]]



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