[House Report 112-374]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-374
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PERMANENT ELECTRONIC DUCK STAMP ACT OF 2011
_______
January 23, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 3117]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3117) to grant the Secretary of the Interior
permanent authority to authorize States to issue electronic
duck stamps, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Permanent Electronic Duck Stamp Act of
2011''.
SEC. 2. 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 the means established by the authority of the
Secretary 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, telephonic
system, or other electronic applications 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 or produced through an
electronic application with the same indicators as the
State endorsement provides;
(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. 3. AUTHORITY TO ISSUE ELECTRONIC DUCK STAMPS.
(a) In General.--The Secretary may authorize any State to issue
electronic stamps in accordance with this Act.
(b) Consultation.--The Secretary shall implement this section in
consultation with State management agencies.
SEC. 4. STATE APPLICATION.
(a) Approval of Application Required.--The Secretary may not
authorize a State to issue electronic stamps under this Act unless the
Secretary has received and approved an application submitted by the
State in accordance with this section. The Secretary may determine the
number of new States per year to participate in the electronic stamp
program.
(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 this Act, 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 under this section, the
Secretary shall publish--
(1) deadlines for submission of applications;
(2) eligibility requirements for submitting applications; and
(3) criteria for approving applications.
SEC. 5. 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 this Act
shall receive an actual stamp--
(1) by not later than the date on which the electronic stamp
expires under section 6(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 authorized to issue electronic stamps 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 according to the written
agreement between the Secretary and the State agency.
(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 authorized to issue
electronic stamps may charge a reasonable fee to cover costs incurred
by the State and the Department of the Interior in issuing electronic
stamps under this Act, including costs of delivery of actual stamps.
(d) Duplicate Electronic Stamps.--A State authorized to issue
electronic stamps 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 this Act.
SEC. 6. ELECTRONIC STAMP REQUIREMENTS; RECOGNITION OF ELECTRONIC STAMP.
(a) Stamp Requirements.--The Secretary shall require an electronic
stamp issued by a State under this Act--
(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 this Act 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 shall be valid
for a period agreed to by the State and the Secretary, which shall not
exceed 45 days.
SEC. 7. TERMINATION OF STATE PARTICIPATION.
The authority of a State to issue electronic stamps under this Act
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 4; 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.
PURPOSE OF THE BILL
The purpose of H.R. 3117, as ordered reported, is to grant
the Secretary of the Interior permanent authority to authorize
States to issue electronic duck stamps.
BACKGROUND AND NEED FOR LEGISLATION
On March 16, 1934, Congress passed the Migratory Bird
Hunting Stamp Act. Under this law, every hunter over the age of
16 is required to purchase a Federal duck stamp each year if he
or she wants to hunt migratory waterfowl. The price of a duck
stamp has increased from $1 to the present cost of $15. Since
the inception of the Federal Duck Stamp Program, the Fish and
Wildlife Service (FWS) has collected more than $750 million
from the sale of duck stamps. These monies, deposited in the
Migratory Bird Conservation Fund, were used to purchase or
lease over 5.3 million acres of land with a total purchase
price of over $1 billion for inclusion within the National
Wildlife Refuge System. The Federal Duck Stamp Office has
indicated that 98 percent of the dollars deposited in the Fund
are used for wetland acquisition. The remaining 2 percent is
spent on the printing and distribution of the stamps.
The duck stamp receipts have varied each year because of
changes in waterfowl population levels, bag limits and economic
conditions. The number of duck stamps sold has declined,
however, from 2.5 million per year in 1971-1972 to 1.3 million
stamps per year in 2007-2008. During the most recent year, $22
million was deposited into the Migratory Bird Conservation
Fund.
The Electronic Duck Stamp Act of 2006 (Public Law 109-266)
directed the Secretary of the Interior to conduct a three-year
pilot program that would allow up to 15 States to issue
electronic federal migratory bird hunting stamps. Those States
that choose to participate in the program were permitted to
charge a reasonable fee to recover their administrative costs.
In the past ten years, State electronic hunting and fishing
licenses have become popular throughout the United States. They
are easy to obtain because a potential hunter or fisherman can
simply use his or her personal computer to access the
appropriate State fish and wildlife department website and
within a matter of moments are printing a document.
The electronic pilot program is in its fourth year. There
are currently eight states--Arkansas, Colorado, Florida, Idaho,
Maryland, Minnesota, Texas and Wisconsin--where an individual
can obtain a federal duck stamp in an electronic form. Since
its inception, more than 600,000 stamps have been purchased in
this manner. These stamps are valid for 45 days from the date
of purchase. Under the terms of P.L. 109-266, FWS was required
to undertake a comprehensive evaluation of the pilot program.
This report was submitted to Congress in August this year and
concluded that, ``The E-Stamp Program has proven to be a
practical method that is readily accepted by the stamp-buying
public. The increased sale of E-Stamps, coupled with few
complaints about the process through the three-year pilot,
suggests customers are satisfied with this method of acquiring
their Duck Stamps and the options available to them in their
States.''
During the Subcommittee on Fisheries, Wildlife, Oceans and
Insular Affairs hearing on this legislation, FWS testified
that, ``sales of E-Stamps increased from 58,000 in 2007 to more
than 350,000 in 2010, an increase of more than 420 percent. In
2010, E-Stamp sales accounted for more than 27 percent of total
Duck Stamp sales, demonstrating the widespread acceptance of
the E-Stamp pilot program.''
H.R. 3317 will permanently allow FWS to authorize certain
States to electronically sell the annual Federal Duck Stamp
without undermining the future of the printed duck stamp or
costing our taxpayers any additional money.
COMMITTEE ACTION
H.R. 3117 was introduced on October 6, 2011, by Congressman
Rob Wittman (R-VA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Fisheries, Wildlife, Oceans, and Insular Affairs. On October
25, 2011, the Subcommittee held a hearing on the bill. On
November 17, 2011, the Full Natural Resources Committee met to
consider the bill. The Subcommittee on Fisheries, Wildlife,
Oceans, and Insular Affairs was discharged by unanimous
consent. Congressman Rob Wittman offered amendment designated
.020 to the bill; the amendment was adopted by unanimous
consent. The bill, as amended, was then ordered favorably
reported to the House of Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 3117--Permanent Electronic Duck Stamp Act of 2011
H.R. 3117 would authorize the U.S. Fish and Wildlife
Service (USFWS) to permanently allow states to provide federal
migratory bird hunting and conservation stamps (referred to as
federal duck stamps) electronically. The electronic stamps
would remain valid for 45 days to allow for the physical stamps
to arrive in the mail. A pilot program that authorized states
to issue electronic stamps expired last year, although the
USFWS has continued the program under other authorities.
CBO estimates that enacting H.R. 3117 would affect direct
spending and revenues; therefore, pay-as-you-go procedures
apply. However, CB0 estimates that the net effects would be
insignificant for each year because the legislation would not
have a significant impact on the number of federal duck stamps
purchased.
H.R. 3117 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CB0 staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. CBO estimates that
enacting the bill would affect direct spending and revenues;
therefore, pay-as-you-go procedures apply. However, CBO
estimates that the net effects would be insignificant for each
year because the legislation would not have a significant
impact on the number of federal duck stamps purchased.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to grant the
Secretary of the Interior permanent authority to authorize
States to issue electronic duck stamps.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.