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CITE

    16 USC Sec. 718                                             01/05/2009

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 7 - PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDS
    SUBCHAPTER IV - HUNTING AND CONSERVATION STAMP TAX

HEAD

    Sec. 718. Repealed.

MISCELLANEOUS

    Sec. 718. Repealed. Pub. L. 109-266, Sec. 10(h), Aug. 3, 2006, 120
      Stat. 677.
      Section, act Mar. 16, 1934, ch. 71, Sec. 9, 48 Stat. 452, defined
    subchapter terms.
                       SHORT TITLE OF 2006 AMENDMENT
      Pub. L. 109-266, Sec. 1, Aug. 3, 2006, 120 Stat. 670, provided
    that: "This Act [enacting sections 718g to 718j of this title,
    amending sections 718a to 718f of this title, repealing this
    section and former sections 718g, 718h, and 718j of this title, and
    enacting provisions set out as notes under this section] may be
    cited as the 'Electronic Duck Stamp Act of 2005'."
                       SHORT TITLE OF 1998 AMENDMENT
      Pub. L. 105-269, Sec. 1, Oct. 19, 1998, 112 Stat. 2381, provided
    that: "This Act [amending section 718d of this title] may be cited
    as the 'Migratory Bird Hunting and Conservation Stamp Promotion
    Act'."
                                SHORT TITLE
      Act Mar. 16, 1934, ch. 71, Sec. 11, as added by Pub. L. 109-266,
    Sec. 10(h), Aug. 3, 2006, 120 Stat. 679, provided that: "This Act
    [enacting this subchapter] may be cited as the 'Migratory Bird
    Hunting and Conservation Stamp Act'."
                    ELECTRONIC DUCK STAMP PILOT PROGRAM
      Pub. L. 109-266, Secs. 2-9, Aug. 3, 2006, 120 Stat. 670-673,
    provided that:
      "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 [718] 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 [Aug. 3, 2006],
      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 [see Short Title of 2006 Amendment note above]:
        "(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 [718] 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 [Aug. 3, 2006].
        "(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 [Aug. 3, 2006]; 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
    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 actual
      stamp.
      "(b) Report. - The Secretary shall submit to Congress a report on
    the findings of the Secretary under subsection (a)."
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