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 Repealed.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 Repealed.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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