[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

120 STAT. 670

Public Law 109-266
109th Congress

An Act


 
To direct the Secretary of the Interior to conduct a pilot program under
which up to 15 States may issue electronic Federal migratory bird
hunting stamps.  NOTE: Aug. 3, 2006 -  [S. 1496]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,  NOTE: Electronic Duck
Stamp Act of 2005.

SECTION 1.  NOTE: 16 USC 718 note.  SHORT TITLE.

This Act may be cited as the ``Electronic Duck Stamp Act of 2005''.

SEC. 2.  NOTE: 16 USC 718 note.  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 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, 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.  NOTE: 16 USC 718 note.  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

[[Page 671]]
120 STAT. 671

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.  NOTE: 16 USC 718 note.   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)  NOTE: Deadline.  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; 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.  NOTE: 16 USC 718 note.  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

[[Page 672]]
120 STAT. 672

(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.  NOTE: 16 USC 718 note.  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)  NOTE: Deadline.  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)  NOTE: Deadline.  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.

[[Page 673]]
120 STAT. 673

SEC. 7.  NOTE: 16 USC 718 note.  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.  NOTE: 16 USC 718 note.  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.  NOTE: 16 USC 718 note.  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).

[[Page 674]]
120 STAT. 674

SEC. 10. TECHNICAL CORRECTIONS.

(a) Prohibition on Taking.--The first section of the Act of March
16, 1934 (16 U.S.C. 718a) is amended by striking ``That no person who
has attained the age of sixteen years'' and all that follows through the
end of the section and inserting the following:

``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, validated by the
signature of the individual written in ink across the face of
the 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) by Federal or State agencies;
``(B) for propagation; or
``(C) by the resident owner, tenant, or sharecropper
of the property, or officially designated agencies of
the Department of the Interior, for the killing, under
such restrictions as the Secretary may by regulation
prescribe, of such waterfowl when found damaging crops
or other property.

``(b) Display of Stamp.--Any individual to whom a stamp has been
sold under this Act shall, upon request, display the stamp for
inspection to--
``(1) any officer or employee of the Department of the
Interior who is authorized to enforce this Act; or
``(2) any officer of any State or political subdivision of a
State authorized to enforce State game laws.

``(c) Other Licenses.--Nothing in this section requires any
individual to affix the Migratory Bird Hunting and Conservation Stamp to
any other license prior to taking 1 or more migratory waterfowl.''.
(b) Sales; Fund Disposition; Unsold Stamps.--Section 2 of the Act of
March 16, 1934 (16 U.S.C. 718b) is amended by striking ``Sec. 2.'' and
all that follows through the end of subsection (a) and inserting the
following:

``SEC. 2. SALES; FUND DISPOSITION; UNSOLD STAMPS.

``(a) Sales.--
``(1) In general.--The stamps required under section 1 shall
be sold by the Postal Service and may be sold by the Department
of the Interior, pursuant to regulations promulgated jointly by
the Postal Service and the Secretary, at--
``(A) any post office; and
``(B) such other establishments, facilities, or
locations as the Postal Service or the Secretary (or a
designee) may direct or authorize.
``(2) Proceeds.--The funds received from the sale of stamps
under this Act by the Department of the Interior shall be
deposited in the Migratory Bird Conservation Fund in accordance
with section 4.

[[Page 675]]
120 STAT. 675

``(3) Minimum and maximum values.--Except as provided in
subsection (b), the Postal Service shall collect the full face
value of each stamp sold under this section for the applicable
hunting year.
``(4) Validity.--No stamp sold under this Act shall be valid
under any circumstances to authorize the taking of migratory
waterfowl except--
``(A) in compliance with Federal and State laws
(including regulations);
``(B) on the condition that the individual so taking
the waterfowl wrote the signature of the individual in
ink across the face of the stamp prior to the taking;
and
``(C) during the hunting year for which the stamp
was issued.
``(5) Unused stamps.--
``(A) Definition of retail dealer.--In this
paragraph, the term `retail dealer' means--
``(i) any individual or entity that is
regularly engaged in the business of retailing
hunting or fishing equipment; and
``(ii) any individual or entity duly
authorized to act as an agent of a State or
political subdivision of a State for the sale of
State or county hunting or fishing licenses.
``(B) Redemption of unused stamps.--
NOTE: Deadline.  The Department of the Interior,
pursuant to regulations promulgated by the Secretary,
shall provide for the redemption, on or before the 30th
day of June of each year, of unused stamps issued for
the year under this Act that--
``(i) were sold on consignment to any person
authorized by the Secretary to sell stamps on
consignment (including retail dealers for resale
to customers); and
``(ii) have not been resold by any such
person.
``(6) Prohibition on certain stamp sales.--The Postal
Service shall not--
``(A) sell on consignment any stamps issued under
this Act to any individual, business, or organization;
or
``(B) redeem stamps issued under this Act that are
sold on consignment by the Secretary (or any agent of
the Secretary).''.

(c) Cost of Stamps.--Section 2(b) of the Act of March 16, 1934 (16
U.S.C. 718b(b)) is amended--
(1) by striking ``(b) The'' and inserting the following:

``(b) Cost of Stamps.--The'';
(2) by striking ``Secretary of the Interior'' and inserting
``Secretary'';
(3) by striking ``migratory bird conservation fund'' and
inserting ``Migratory Bird Conservation Fund''; and
(4) in paragraph (2), by striking ``For purposes'' and all
that follows through ``of any such year.''.

(d) Authorization and Exemption.--Section 3 of the Act of March 16,
1934 (16 U.S.C. 718c) is amended by striking ``Sec. 3. Nothing'' and
inserting the following:

``SEC. 3. AUTHORIZATION AND EXEMPTION.

``Nothing''.

[[Page 676]]
120 STAT. 676

(e) Expenditure of Funds.--Section 4 of the Act of March 16, 1934
(16 U.S.C. 718d) is amended--
(1) by redesignating subsections (a) through (c) as
paragraphs (1) through (3), respectively, and indenting
appropriately;
(2) by striking ``Sec. 4.  All moneys'' and all that follows
through ``expended:'' and inserting the following:

``SEC. 4. EXPENDITURE OF FUNDS.

``(a) In General.--All funds received for stamps sold under this Act
shall be--
``(1) accounted for by the Postal Service or the Secretary,
as appropriate;
``(2) paid into the Treasury of the United States; and
``(3) reserved and set aside as a special fund, to be known
as the `Migratory Bird Conservation Fund' (referred to in this
section as the `fund'), to be administered by the Secretary.

``(b) Use of Funds.--All funds received into the fund are
appropriated for the following purposes, to remain available until
expended:'';
(3) in subsection (b)(1) (as redesignated by paragraphs (1)
and (2))--
(A) by striking ``(1) So much'' and all that follows
through ``for engraving'' and inserting the following:
``(1) Advance allotments.--So much as may be necessary shall
be used by the Secretary for engraving'';
(B) by striking ``migratory bird hunting stamps''
and inserting ``Migratory Bird Hunting and Conservation
Stamps'';
(C) by striking ``personal'' and inserting
``personnel''; and
(D) by striking ``postal service'' and inserting
``Postal Service'';
(4) in subsection (b)(2) (as so redesignated)--
(A) by striking ``(2) Except as provided in
subsections (c) and (d) of this section'' and inserting
the following:
``(2) Areas for refuges.--Except as provided in paragraph
(3) and subsection (c)''; and
(B) by inserting ``(16 U.S.C. 715 et seq.)'' after
``Conservation Act'';
(5) in subsection (b)(3) (as so redesignated)--
(A) by striking ``(3) The Secretary of the Interior
is authorized to utilize funds made available under
subsection (b) of this section for the purposes of such
subsection, and such other funds as may be appropriated
for the purposes of such subsection, or of this
subsection,'' and inserting the following:
``(3) Conditions on use of funds.--The Secretary may use
funds made available under paragraph (2) for the purposes of
that paragraph, and such other funds as may be appropriated for
the purposes of that paragraph or this paragraph,''; and
(B) in the second sentence--
(i) by inserting ``(16 U.S.C. 715 et seq.)''
after ``Conservation Act''; and
(ii) by striking ``this subsection'' and
inserting ``this paragraph'';
(6) by redesignating subsection (d) as subsection (c); and

[[Page 677]]
120 STAT. 677

(7) in subsection (c) (as so redesignated)--
(A) in paragraph (1)--
(i) by striking ``(1) The Secretary of the
Interior may utilize'' and inserting the
following:
``(1) In general.--The Secretary may use''; and
(ii) by striking ``migratory bird hunting and
conservation stamps'' and inserting ``Migratory
Bird Hunting and Conservation Stamps''; and
(B) in paragraph (2), by striking ``(2) The
Secretary of the Interior'' and inserting the following:
``(2) Components of report.--The Secretary''.

(f) Loans and Transfers, Alteration, and Reproduction of Stamps.--
Section 5 of the Act of March 16, 1934 (16 U.S.C. 718e) is amended--
(1) by striking ``Sec. 5. (a) That no person to whom has
been sold a migratory-bird hunting stamp,'' and inserting the
following:

``SEC. 5. LOANS AND TRANSFERS, ALTERATION, AND REPRODUCTION OF STAMPS.

``(a) In General.--No person to whom has been sold a Migratory Bird
Hunting and Conservation Stamp,'';
(2) in subsection (b), by striking ``(b)'' and all that
follows through ``shall alter'' and inserting the following:

``(b) Alteration.--Except as provided in clauses (i) and (ii) of
section 504(l)(D) of title 18, United States Code, no person shall
alter'';
(3) in subsection (c)--
(A) by striking ``(c) Notwithstanding'' and
inserting the following:

``(c) Reproduction.--Notwithstanding'';
(B) by striking ``Secretary of the Interior'' each
place it appears and inserting ``Secretary''; and
(C) in the matter following paragraph (2)--
(i) by striking ``migratory bird hunting
stamps'' and inserting ``Migratory Bird Hunting
and Conservation Stamps''; and
(ii) by striking ``shall be paid into the
migratory bird conservation fund'' and inserting
``shall be paid, after deducting expenses for
marketing, into the Migratory Bird Conservation
Fund''.

(g) Enforcement.--Section 6 of the Act of March 16, 1934 (16 U.S.C.
718f) is amended--
(1) by striking ``Sec. 6. For the efficient'' and inserting
the following:

``SEC. 6. ENFORCEMENT.

``For the efficient''; and
(2) in the first sentence--
(A) by striking ``Secretary of Agriculture'' and
inserting ``Secretary'';
(B) by striking ``Department of Agriculture'' and
inserting ``Department of the Interior''; and
(C) by inserting ``(16 U.S.C. 703 et seq.)'' after
``Treaty Act''.

(h) Violations; Cooperation; Use of Contest Fees; Definitions; Short
Title.--The Act of March 16, 1934  NOTE: 16 USC 718, 718g-718i.  is
amended by

[[Page 678]]
120 STAT. 678

striking sections 7 through 10 (16 U.S.C. 718g-718j) and inserting the
following:

``SEC. 7.  NOTE: 16 USC 718g.  VIOLATIONS.

``Any person that violates or fails to comply with any provision of
this Act (including a regulation promulgated under this Act) shall be
subject to the penalties described in section 6 of the Migratory Bird
Treaty Act (16 U.S.C. 707).

``SEC. 8.  NOTE: 16 USC 718h.  COOPERATION.

``The Secretary is authorized to cooperate with the States and the
territories and possessions of the United States in the enforcement of
this Act.

``SEC. 9.  NOTE: 16 USC 718i.  USE OF CONTEST FEES.

``Notwithstanding any other provision of law, funds received by the
United States Fish and Wildlife Service in the form of fees for entering
any Migratory Bird Hunting and Conservation Stamp contest shall be
credited--
``(1) first, to the appropriation account from which
expenditures for the administration of the contest are made; and
``(2) second, to the extent any funds remain, to the
Migratory Bird Conservation Fund.

``SEC. 10.  NOTE: 16 USC 718j.  DEFINITIONS.

``(a) In General.--In this Act, the terms defined in the Migratory
Bird Conservation Act (16 U.S.C. 715 et seq.) and the Migratory Bird
Treaty Act (16 U.S.C. 703 et seq.) have the meanings given those terms
in those Acts.
``(b) Other Definitions.--In this Act:
``(1) Hunting year.--The term `hunting year' means the 1-
year period beginning on July 1 of each year.
``(2) Migratory waterfowl.--The term `migratory waterfowl'
means the species enumerated in paragraph (a) of subdivision 1
of article I of the Convention between the United States and
Great Britain for the Protection of Migratory Birds, signed at
Washington on August 16, 1916 (USTS 628) (16 U.S.C. 703 et
seq.).
``(3) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(4) State.--The term `State' means--
``(A) a State;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico;
``(D) Guam;
``(E) American Samoa;
``(F) the Commonwealth of the Northern Mariana
Islands;
``(G) the Federated States of Micronesia;
``(H) the Republic of the Marshall Islands;
``(I) the Republic of Palau; and
``(J) the United States Virgin Islands.
``(5) Take.--The term `take' means--
``(A) to pursue, hunt, shoot, capture, collect, or
kill; or
``(B) to attempt to pursue, hunt, shoot, capture,
collect, or kill.

[[Page 679]]
120 STAT. 679

``SEC. 11.  NOTE: 16 USC 718 note.  SHORT TITLE.

``This Act may be cited as the `Migratory Bird Hunting and
Conservation Stamp Act'.''.
(i) Disposition of Unsold Stamps.--Section 3 of the Act of July 30,
1956 (Public Law 84-838; 70 Stat. 722), is amended--
(1)  NOTE: 16 USC 718b, 718i.  by redesignating
subsections (b) and (c) as subsections (c) and (d),
respectively; and
(2) in subsection (a) (16 U.S.C. 718b-1)--
(A) by striking ``Sec. 3. (a) Hereafter'' and all
that follows through the end of the first sentence and
inserting the following:

``SEC. 3. DISPOSITION OF UNSOLD STAMPS.

``(a) Disposition of Unsold Stamps.--A Migratory Bird Hunting and
Conservation Stamp shall be transferred to the Postal Service or the
Secretary of the Interior (or a designee) for sale to a collector if the
stamp--
``(1) has not been sold by the end of the hunting year (as
that term is defined in section 10 of the Migratory Bird Hunting
and Conservation Stamp Act) during which the stamp is issued;
and
``(2) as determined by the Postal Service or the Secretary
of the Interior--
``(A) is appropriate to supply a market for sale to
collectors; and
``(B) is in suitable condition for sale to a
collector.''; and
(B) by striking the second sentence and inserting
the following:

``(b) Surplus Stock.--The Postal Service or the Secretary of the
Interior may destroy any surplus stock of Migratory Bird Hunting and
Conservation Stamps at such time and in such manner as the Postal
Service or the Secretary of the Interior determines to be
appropriate.''.

Approved August 3, 2006.

LEGISLATIVE HISTORY--S. 1496:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 109-556 (Comm. on Resources).
SENATE REPORTS: No. 109-187 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD:
Vol. 151 (2005):
Dec. 16, considered and passed
Senate.
Vol. 152 (2006):
July 24, considered and passed
House.