[House Report 118-198]
[From the U.S. Government Publishing Office]


118th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      118-198

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


 
   TO AMEND THE PERMANENT ELECTRONIC DUCK STAMP ACT OF 2013 TO ALLOW 
    STATES TO ISSUE ELECTRONIC STAMPS UNDER SUCH ACT, AND FOR OTHER 
                                PURPOSES

                                _______
                                

 September 14, 2023.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Westerman, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2872]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2872) to amend the Permanent Electronic Duck 
Stamp Act of 2013 to allow States to issue electronic stamps 
under such Act, and for other purposes, having considered the 
same, reports favorably thereon with amendments and recommends 
that the bill as amended do pass.
    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SEC. 1. AUTHORIZING FULLY ELECTRONIC STAMPS.

  (a) In General.--Section 5 of the Permanent Electronic Duck Stamp Act 
of 2013 (16 U.S.C. 718r) is amended--
          (1) in subsection (a)--
                  (A) in the heading, by striking ``Actual Stamp'' and 
                inserting ``Electronic Stamp'';
                  (B) by striking ``actual stamp'' and inserting 
                ``electronic stamp''; and
                  (C) by amending paragraph (1) to read as follows:
          ``(1) upon the date of purchase; and'';
          (2) in subsection (c), by inserting ``under subsection (e)'' 
        before the period at the end; and
          (3) by redesignating subsection (e) as subsection (f) and 
        inserting after subsection (d) the following new subsection:
  ``(e) Delivery of Actual Stamps.--The Secretary shall issue an actual 
stamp after March 10 of each year to each individual that purchased an 
electronic stamp for the preceding waterfowl seasons.''.
  (b) Stamp Valid Through Close of Hunting Season.--Section 6 of the 
Permanent Electronic Duck Stamp Act of 2013 (16 U.S.C. 718s(c)) is 
amended--
          (1) in subsection (b), by striking ``shall, during the 
        effective period of the electronic stamp--'' and inserting 
        ``shall--''; and
          (2) in subsection (c), by striking ``for a period agreed to 
        by the State and the Secretary, which shall not exceed 45 
        days'' and inserting ``until the first June 30 that occurs 
        after the date of issuance of such stamp''.
  (c) Electronic Stamps as Permit.--Section 1(a)(1) of the Migratory 
Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a(a)(1)) is 
amended--
          (1) by inserting ``as an electronic stamp or'' after 
        ``Conservation Stamp,''; and
          (2) by inserting ``actual'' after ``face of the''.
  (d) Contents of Electronic Stamp.--Section 2(3) of the Permanent 
Electronic Duck Stamp Act of 2013 (16 U.S.C. 718o(3)) is amended--
          (1) in subparagraph (D), by striking ``and'';
          (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; and''; and
          (3) by adding at the end the following:
                  ``(F) may contain an image of the actual stamp.''.


    Amend the title so as to read:
    A bill to amend the Permanent Electronic Duck Stamp Act of 
2013 to allow the Secretary of the Interior to issue electronic 
stamps under such Act, and for other purposes.

                       Purpose of the Legislation

    The purpose of H.R. 2872, as ordered reported, is to amend 
the Permanent Electronic Duck Stamp Act of 2013 to allow the 
Secretary of the Interior to issue electronic stamps under such 
Act, and for other purposes.

                  Background and Need for Legislation

    The Duck Stamp was created when President Franklin Delano 
Roosevelt signed the Migratory Bird Hunting Stamp Act into law 
in 1934.\1\ That law required waterfowl hunters, ages 16 and 
over, to purchase and possess a valid Duck Stamp prior to 
taking migratory waterfowl such as ducks. The Duck Stamp is 
national in scope and can be used to hunt in multiple 
states.\2\
---------------------------------------------------------------------------
    \1\16 U.S.C. 718, https://www.govinfo.gov/content/pkg/USCODE-2017-
title16/pdf/USCODE-2017-title16-chap7-subchapIV-sec718.pdf.
    \2\Id.
---------------------------------------------------------------------------
    Duck Stamp sales are critical for waterfowl and habitat 
conservation, which in turn ensures sustainable populations of 
waterfowl for hunters and recreational bird enthusiasts alike. 
The art featured on the Duck Stamp is chosen every year in the 
only federally regulated and run art contest. The contest, 
which began in 1949, is open to any artist 18 or older who is a 
U.S. citizen.
    Receipts from Duck Stamp sales are deposited into the 
Migratory Bird Conservation Fund and are not subject to further 
appropriations. Ninety-eight percent of the proceeds are used 
to ``help acquire and protect the wetland habitat and purchase 
conservation easements,'' according to the U.S. Fish and 
Wildlife Service (Service).\3\ The Service estimates that, 
since 1934, over $1.1 billion has been raised by Duck Stamp 
sales to conserve over six million acres of land within the 
National Wildlife Refuge System. Each Duck Stamp is on sale for 
three years. The most current figures show that the 2020-2021 
Duck Stamp has sold 1.59 million copies.\4\
---------------------------------------------------------------------------
    \3\Id.
    \4\U.S. Fish and Wildlife Service, Duck Stamp Sales by Year. 
https://www.fws.gov/media/duck-stamp-sales-year.
---------------------------------------------------------------------------
    Over the last decade, the Duck Stamp program has been 
statutorily amended to increase its price from $15 to $25 
annually and to reflect technological advances such as the 
internet.\5\ Prior to 2015, many migratory bird hunters and 
stamp collectors would have to purchase a Duck Stamp in person 
even though many states allowed the same individuals to buy a 
state migratory bird stamp over the internet.\6\ As a result of 
this inconsistency and in an effort to modernize the program, 
the Permanent Electronic Duck Stamp Act of 2013 (Public Law 
113-239) was enacted in December 2014 to create an automated 
licensing system.\7\ This law specifically authorized state 
fish and wildlife agencies, after approval from the Secretary, 
to issue an electronic Duck Stamp or ``E-Stamp.'' To date, 
twenty-nine states have participated in this program.
---------------------------------------------------------------------------
    \5\Smith, P. ``New $25 federal duck stamp aims to raise funds for 
habitat'' Journal Sentinel, December 20, 2014. https://
archive.jsonline.com/sports/outdoors/new-25-federal-duck-stamp-aims-to-
raise-funds-for-habitat-b99411831z1-286476101.html/.
    \6\U.S. Fish and Wildlife Service, Federal Duck Stamp. https://
www.fws.gov/service/duck-stamps.
    \7\Permanent Electronic Duck Stamp Act of 2013, P.L. 113-239. 
https://www.govinfo.gov/
content/pkg/PLAW-113publ239/pdf/PLAW-113publ239.pdf.
---------------------------------------------------------------------------
    H.R. 2872 would amend the Permanent Electronic Duck Stamp 
Act of 2013 to allow states to issue electronic Duck Stamps for 
the entire hunting season. The bill would remove the 45-day 
limit on current electronic Duck Stamps and make valid any 
electronic stamps sold for the entirety of the stamp year, 
which runs from July 1 in the preceding year to June 30 of the 
following year. H.R. 2872 would also amend the Migratory Bird 
Hunting and Conservation Stamp Act of 1934, by making it an 
option to have either an electronic stamp or a physical signed 
stamp as the license required for hunting waterfowl. The hunter 
would instead receive the physical Duck Stamp after migratory 
bird season ends.
    The bill upholds the art competition tradition by ensuring 
that a physical Duck Stamp is mailed to hunters and all others 
who have purchased a Duck Stamp. As Mr. Bryan McClinton, the 
Undersecretary of the Louisiana Department of Wildlife and 
Fisheries, testified, ``this means all waterfowl hunters and 
stamp collectors would still receive their actual federal duck 
stamp in the mail, thereby maintaining the artistic integrity 
of the federal duck stamp . . . the duck stamp art contest is 
one of the oldest and absolutely the most unique conservation 
art contests in the United States. Therefore, this legislation 
allows the contest and its rich heritage to remain strong.''\8\
---------------------------------------------------------------------------
    \8\``Written Testimony of Bryan McClinton, Undersecretary, 
Louisiana Department of Wildlife and Fisheries.'' House Natural 
Resources Committee. 5/10/23. testimony_mcclinton.pdf (house.gov).
---------------------------------------------------------------------------
    In addition, this legislation does not mandate a state to 
issue electronic Duck Stamps as it maintains participation 
voluntary. However, according to a 2022 report by the 
Association for Fish and Wildlife Agencies, 44 of the 49 states 
that allow waterfowl hunting allow for electronic licenses and 
42 of those states allow either digital or physical proof of 
licensure.\9\
---------------------------------------------------------------------------
    \9\``Federal Duck Stamp Task Group DRAFT Report.'' Association of 
Fish and Wildlife Agencies. 2/28/22. Duck_Stamp_Report_Final_2-28-
22.pdf (fishwildlife.org).
---------------------------------------------------------------------------
    The reforms in this bill are designed to improve the 
customer experience for waterfowl hunters, reflect in statute 
advances in technology, while at the same time maintaining the 
integrity of the existing Duck Stamp system and not placing an 
additional burden on the states.

                            Committee Action

    H.R. 2872 was introduced on April 26, 2023, by Rep. Garret 
Graves (R-LA). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Water, Wildlife and Fisheries. On May 10, 2023, the 
Subcommittee on Water, Wildlife and Fisheries held a hearing on 
the bill. On June 21, 2023, the Committee on Natural Resources 
met to consider the bill. The Subcommittee on Water, Wildlife 
and Fisheries was discharged from further consideration of H.R. 
2872 by unanimous consent. Rep. Garret Graves (R-LA) offered an 
amendment, designated Graves_031. The amendment offered by Rep. 
Graves was adopted by unanimous consent. The bill, as amended, 
was then ordered favorably reported to the House of 
Representatives by unanimous consent.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Water, Wildlife and Fisheries 
held on May 10, 2023.

                      Section-by-Section Analysis


Section 1. Authorizing fully electronic stamps

    Section 1 ends the existing requirement for a state to send 
a physical copy of the Duck Stamp to the purchaser within 45-
days of purchase. Requires a state to issue a physical stamp 
after March 10 of each year to each individual that purchased 
an electronic stamp from the state during the preceding 1-year 
period.

            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 and
                        Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 2872 would expand the use of electronic Federal 
Migratory Bird Hunting and Conservation Stamps (referred to as 
federal duck stamps), which are annual permits sold by the U.S. 
Fish and Wildlife Service (USFWS) to hunters of migratory 
waterfowl. Under current law, the agency must send a physical 
duck stamp within 45 days of purchase. H.R. 2872 would allow 
the physical duck stamp to be sent later and, in the interim, 
allow the electronic stamp to count as proof of purchase.
    CBO assumes that the bill will be enacted late in fiscal 
year 2023. Using information about the cost of similar 
activities, CBO estimates that implementing the changes under 
H.R. 2872 would have an insignificant effect on administrative 
costs of the USFWS.
    Under current law, amounts collected from the sale of duck 
stamps are deposited into the Migratory Bird Conservation Fund 
and are recorded in the budget as revenues. Those collections 
are available to be spent without further appropriation for 
waterfowl conservation projects. CBO expects sales of duck 
stamps would not be significantly affected under the bill. 
Thus, CBO estimates that enacting the bill would have no 
significant effect on direct spending or revenues in any year 
and over the 2023-2033 period.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

    2. 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 amend the 
Permanent Electronic Duck Stamp Act of 2013 to allow the 
Secretary of the Interior to issue electronic stamps under such 
Act, and for other purposes.

                           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.

                 Unfunded Mandates Reform Act Statement

    According to the Congressional Budget Office, H.R. 2872, as 
ordered reported by the Committee, contains no unfunded 
mandates as defined by the Unfunded Mandates Reform Act.

                           Existing Programs

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                Preemption of State, Local or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        Changes in Existing Law

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

              PERMANENT ELECTRONIC DUCK STAMP ACT OF 2013




           *       *       *       *       *       *       *
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)[.]; and
                  (F) may contain an image of the actual stamp.
          (4) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.

           *       *       *       *       *       *       *


SEC. 5. STATE OBLIGATIONS AND AUTHORITIES.

  (a) Delivery of [Actual Stamp] Electronic Stamp.--The 
Secretary shall require that each individual to whom a State 
sells an electronic stamp under this Act shall receive an 
[actual stamp] electronic stamp--
          [(1) by not later than the date on which the 
        electronic stamp expires under section 6(c); and]
          (1) upon the date of purchase; 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 under subsection (e).
  (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) Delivery of Actual Stamps.--The Secretary shall issue an 
actual stamp after March 10 of each year to each individual 
that purchased an electronic stamp for the preceding waterfowl 
seasons.
  [(e)] (f) 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--] shall--
          (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] until the first June 30 that 
occurs after the date of issuance of such stamp.

           *       *       *       *       *       *       *

                              ----------                              


           MIGRATORY BIRD HUNTING AND CONSERVATION STAMP ACT

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, as an electronic stamp or validated 
        by the signature of the individual written in ink 
        across the face of the actual 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) * * *

           *       *       *       *       *       *       *


                                  [all]