HR 3117 IH
112th CONGRESS
1st Session
H. R. 3117
To grant the Secretary of the Interior permanent authority to authorize States to issue electronic duck stamps, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
October 6, 2011
Mr. WITTMAN (for himself and Mr. KIND) introduced the following bill; which was referred to the Committee on Natural Resources
A BILL
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 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 a means in use 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, 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. 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.
(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 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 4.
(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 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. 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.
Back in 2005, a similar House Resolution included the following brief history of the program.
- The Congress finds the following:
- (1) On March 16, 1934, the Congress passed and President Roosevelt signed the Act popularly known as the Duck Stamp Act (16 U.S.C. 718a et seq.), 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. Because of it, our country again is teeming with migratory waterfowl and other wildlife that benefits from the wetland habitats.
- (3) Today, 1.7 million migratory bird hunting and conservation stamps are sold each year. As of 2003, such stamps have generated more than $600,000,000 in revenue that has been used to preserve over 5 million acres of migratory waterfowl habitat in the United States. Many of the more than 540 national wildlife refuges have been paid for all or in part with such revenue.
In 1934, the first "duck stamp" cost $1.00, today a 2011 duck stamp costs $15.00. Most of this money ($25,000,000.00 est. this year) goes to the Department of the Interior, for wetland acquisition for waterfowl sanctuaries. There are other Duck Stamps issued by various groups to raise money for their cause, but the stamp in this law is required for all bird hunters.
I am all for conservation, and the hunters I know are for conservation as well, but what bothers me is that the federal government is telling the states what to do and how to do it. Our Congress is directing each state to do this, and that means that each state (that allows bird hunting) must have people who are dedicated to running this program and seeing that the Federal government gets the money.
Question: If a state didn't participate in the Duck Stamp program what could the federal government do?
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