16 U.S.C. § 718 — Repealed. Pub. L. 109–266, § 10(h), Aug. 3,

Page 1278 TITLE 16—CONSERVATION § 718 ment of this Act [Oct. 17, 1978]. No authorization for ap- propriation shall be available under this Act before the fiscal year ending September 30, 1980.’’ EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93–205 effective Dec. 28, 1973, see section 16 of Pub. L. 93–205, set out as an Effective Date note under section 1531 of this title. REFUGE REVENUE SHARING Pub. L. 105–83, title I, § 132, Nov. 14, 1997, 111 Stat. 1570, provided that: ‘‘Notwithstanding any other provi- sion of law, hereafter the United States Fish and Wild- life Service may disburse to local entities impact fund- ing pursuant to Refuge Revenue Sharing that is associ- ated with Federal real property transferred to the United States Geological Survey from the United States Fish and Wildlife Service.’’ Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Reorg. Plan No. III of 1940, set out in the Appendix to Title 5, consolidated Bureau of Fisheries and Bureau of Biological Survey, with their respective functions, into one agency in Department of the Interior to be known as the Fish and Wildlife Service. Transfer of functions of Secretary of Agriculture to Secretary of the Interior by Reorg. Plan No. II of 1939, see Transfer of Functions note set out under section 715a of this title. SUBCHAPTER IV—HUNTING AND CONSERVATION STAMP TAX § 718. Repealed. Pub. L. 109–266, § 10(h), Aug. 3, 2006, 120 Stat. 677 Section, act Mar. 16, 1934, ch. 71, § 9, 48 Stat. 452, de- fined subchapter terms. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2014 AMENDMENT Pub. L. 113–264, § 1, Dec. 18, 2014, 128 Stat. 2939, pro- vided that: ‘‘This Act [amending sections 718a, 718b, and 718d of this title] may be cited as the ‘Federal Duck Stamp Act of 2014’.’’ SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–266, § 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, re- pealing 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 ‘Elec- tronic Duck Stamp Act of 2005’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–269, § 1, Oct. 19, 1998, 112 Stat. 2381, pro- vided 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, § 11, as added by Pub. L. 109–266, § 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, §§ 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 Presi- dent 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 wa- terfowl hunters 16 years of age or older to buy a Fed- eral 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 conserva- tion 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 pre- serve more than 5,000,000 acres of migratory water- fowl habitat in the United States; and ‘‘(6) many of the more than 540 national wildlife ref- uges 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 con- servation 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 licens- ing system used by a State fish and wildlife agency to issue hunting, fishing, and other associated li- censes and products. ‘‘(B) INCLUSION.—The term ‘automated licensing system’ includes a point-of-sale, Internet, or tele- phonic system used for a purpose described in sub- paragraph (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 licens- ing 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 sys- tem of the State that issues the electronic stamp; and ‘‘(E) is described in the State application ap- proved by the Secretary under section 4(b). ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior. ‘‘SEC. 4. ELECTRONIC DUCK STAMP PILOT PRO- GRAM. ‘‘(a) REQUIREMENT TO CONDUCT PROGRAM.—The Sec- retary 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 imple- ment this section by the date that is 1 year after the beginning of the first full Federal migratory water- fowl hunting season after the date of enactment of this Act [Aug. 3, 2006]; and ‘‘(2) carry out the pilot program for 3 Federal mi- gratory waterfowl hunting seasons. ‘‘(c) CONSULTATION.—The Secretary shall carry out the program in consultation with State management agencies. Page 1279 TITLE 16—CONSERVATION § 718a ‘‘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 pro- gram, 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 de- livered; ‘‘(6) the policies and procedures under which the State will issue duplicate electronic stamps; and ‘‘(7) such other policies, procedures, and informa- tion as may be reasonably required by the Secretary. ‘‘(c) PUBLICATION OF DEADLINES, ELIGIBILITY REQUIRE- MENTS, AND SELECTION CRITERIA.—Not later than 30 days before the date on which the Secretary begins ac- cepting applications for participation in the pilot pro- gram, the Secretary shall publish— ‘‘(1) deadlines for submission of applications to par- ticipate 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 re- ceive an actual stamp— ‘‘(1) by not later than the date on which the elec- tronic stamp expires under section 7(c); and ‘‘(2) in a manner agreed upon by the State and Sec- retary. ‘‘(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 ac- cordance 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 re- quire 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 subse- quent 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 col- lected by a State under subsection (c). ‘‘(c) ELECTRONIC STAMP ISSUANCE FEE.—A State par- ticipating in the pilot program may charge a reason- able 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 partici- pating in the pilot program may issue a duplicate elec- tronic 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 condi- tion of issuing an electronic stamp under the pilot pro- gram. ‘‘SEC. 7. ELECTRONIC STAMP REQUIREMENTS; RECOGNITION OF ELECTRONIC STAMP. ‘‘(a) STAMP REQUIREMENTS.—The Secretary shall re- quire 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 elec- tronic 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 mi- gratory bird hunting and conservation stamp; and ‘‘(3) authorize the licensee to hunt migratory wa- terfowl 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 pe- riod 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 mi- gratory-bird hunting and conservation stamps, includ- ing 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 Con- gress a report on the findings of the Secretary under subsection (a).’’ § 718a. Prohibition on taking (a) Prohibition (1) In general Except as provided in paragraph (2), no indi- vidual 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 Migra- tory Bird Hunting and Conservation Stamp, as an electronic stamp (as defined in section 718o