[House Report 112-374]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-374

======================================================================



 
              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.

                                  
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