Home > 105th Congressional Bills > H.R. 4686 (ih) To amend titles XI, XVIII, and XIX of the Social Security Act to permit ...H.R. 4686 (ih) To amend titles XI, XVIII, and XIX of the Social Security Act to permit ...
108th CONGRESS
2d Session
H. R. 4685
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2004
Mr. Kind (for himself, Mr. Pickering, Mr. Thompson of California, Mr.
Weldon of Pennsylvania, Mr. Berry, Mr. Boswell, Mr. Boehlert, and Mr.
Peterson of Minnesota) introduced the following bill; which was
referred to the Committee on Resources
_______________________________________________________________________
A BILL
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.
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 ``Electronic Duck Stamp Act of
2004''.
SEC. 2. FINDINGS.
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.
SEC. 3. DEFINITIONS.
In this section:
(1) Actual stamp.--The term ``actual stamp'' means a
Federal migratory-bird hunting and conservation stamp required
under the Act of March 16, 1934 (chapter 71; 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
enactment of this section.
(2) Automated licensing system.--The term ``automated
licensing system''--
(A) means an electronic, computerized licensing
system used by a State fish and wildlife agency to
issue hunting, fishing, and other associated licenses
and products; and
(B) includes a point-of-sale, Internet, or
telephonic system used for such purpose.
(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 section, 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).
SEC. 4. ELECTRONIC DUCK STAMP PILOT PROGRAM.
(a) Requirement to Conduct Program.--The Secretary of the Interior
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--
(1) shall use all means necessary to expeditiously
implement this section no later than one year after the
beginning of the first full Federal migratory waterfowl hunting
seasons after the date of the enactment of this Act; and
(2) shall 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 the following:
(1) A description of the format of the electronic stamp
that the State will issue under the pilot program, including
identifying features of 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 the State will deliver actual
stamps.
(6) The policies and procedures under which the State will
issue duplicate electronic stamps.
(7) Such other policies, procedures, and information as may
be reasonably required by the Secretary.
(c) Publication of Deadlines, Eligibility Requirements, and
Selection Criteria.--The Secretary shall, by not later than 30 days
before receiving applications for participation in the pilot program,
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 a
State must provide an actual stamp to each individual to whom the State
sells an electronic stamp under the pilot program, by not later than
the date the electronic stamp expires under section 7(c).
(b) Collection and Transfer of Electronic Stamp Revenue and
Customer Information.--
(1) Requirement to transmit.--The Secretary shall require
that each State participating in the pilot program State must
collect and transmit 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; and
(B) the face value amount of each electronic stamp
sold by the State.
(2) Time of transmittal.--The Secretary shall require the
transmittal 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 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 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 that an
electronic stamp issued by a State under the pilot program must--
(1) have the same format as any other license, validation,
or privilege the State issues under its automated licensing
system; and
(2) 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 to 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 such hunting.
(c) Duration.--An electronic stamp issued by a State under the
pilot program shall be valid for 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 the terms of
the application of the State approved by the Secretary
under section 5; and
(B) provides to the State written notice of such
termination by not later than 30 days before the date
of termination; or
(2) by the State, by providing written notice to the
Secretary by not later 30 days before the termination date.
SEC. 9. EVALUATION.
(a) Evaluation.--The Secretary, in consultation with State fish and
wildlife management agencies, shall evaluate the pilot program and
determine if it 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 such stamps;
(2) assisted States in meeting their customer service
objectives with respect to such stamps; and
(3) maintained actual stamps as an effective and viable
conservation tool.
(b) Report.--The Secretary shall submit a report on the findings of
the Secretary under subsection (a).
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