    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 113-239
    113th Congress

    An Act

    To grant the Secretary of the Interior permanent authority to authorize
    States to issue electronic duck stamps, and for other
    purposes. <>

    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 ``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).
    (4) Secretary.--The term ``Secretary'' means the Secretary
    of the Interior.

    [[Page 2848]]

    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

    [[Page 2849]]

    (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

    [[Page 2850]]

    (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.

    Approved December 18, 2014.

    LEGISLATIVE HISTORY--H.R. 1206:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 113-67 (Comm. on Natural Resources).
    SENATE REPORTS: No. 113-145 (Comm. on Environment and Public Works).
    CONGRESSIONAL RECORD:
    Vol. 159 (2013):
    June 3, considered and passed House.
    Vol. 160 (2014):
    Dec. 15, considered and passed
    Senate.