[113th Congress Public Law 239]
[From the U.S. Government Publishing Office]
[[Page 128 STAT. 2847]]
Public Law 113-239
113th Congress
An Act
To grant the Secretary of the Interior permanent authority to authorize
States to issue electronic duck stamps, and for other
purposes. <<NOTE: Dec. 18, 2014 - [H.R. 1206]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Permanent
Electronic Duck Stamp Act of 2013.>>
SECTION 1. <<NOTE: 16 USC 718o note.>> SHORT TITLE.
This Act may be cited as the ``Permanent Electronic Duck Stamp Act
of 2013''.
SEC. 2. <<NOTE: 16 USC 718o.>> 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 the means established by the authority of the Secretary
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, telephonic
system, or other electronic applications 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 or produced through an
electronic application with the same indicators as the
State endorsement provides;
(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.
[[Page 128 STAT. 2848]]
SEC. 3. <<NOTE: 16 USC 718p.>> 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. <<NOTE: 16 USC 718q.>> 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. The Secretary may determine the
number of new States per year to participate in the electronic stamp
program.
(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. <<NOTE: 16 USC 718r.>> 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) <<NOTE: Deadline.>> 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
[[Page 128 STAT. 2849]]
(C) the amount of the Federal portion of any fee
required by the agreement for each stamp sold.
(2) Time of transmittal. <<NOTE: Contracts.>> --The
Secretary shall require the submission under paragraph (1) to be
made with respect to sales of electronic stamps by a State
according to the written agreement between the Secretary and the
State agency.
(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. <<NOTE: 16 USC 718s.>> 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 shall be valid
for a period agreed to by the State and the Secretary, which shall not
exceed 45 days.
SEC. 7. <<NOTE: 16 USC 718t.>> TERMINATION OF STATE PARTICIPATION.
The <<NOTE: Notification. Deadlines.>> 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
[[Page 128 STAT. 2850]]
(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.
Approved December 18, 2014.
LEGISLATIVE HISTORY--H.R. 1206:
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HOUSE REPORTS: No. 113-67 (Comm. on Natural Resources).
SENATE REPORTS: No. 113-145 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD:
Vol. 159 (2013):
June 3, considered and passed House.
Vol. 160 (2014):
Dec. 15, considered and passed
Senate.
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