Collapse to view only § 718s. Electronic stamp requirements; recognition of electronic stamp
- § 718o. Definitions
- § 718p. Authority to issue electronic duck stamps
- § 718q. State application
- § 718r. State obligations and authorities
- § 718s. Electronic stamp requirements; recognition of electronic stamp
- § 718t. Termination of State participation
§ 718o. Definitions
In this subchapter:
(1) Actual stamp
(2) Automated licensing system
(A) In general
(B) Inclusion
(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 subchapter, to issue electronic stamps;
(D) is compatible with the hunting licensing system of the State that issues the electronic stamp;
(E) is described in the State application approved by the Secretary under section 718q(b) of this title; and
(F) may contain an image of the actual stamp.
(4) Secretary
(Pub. L. 113–239, § 2, Dec. 18, 2014, 128 Stat. 2847; Pub. L. 118–25, § 2(b), Dec. 19, 2023, 137 Stat. 129.)
§ 718p. Authority to issue electronic duck stamps
(a) In general
(b) Consultation
(Pub. L. 113–239, § 3, Dec. 18, 2014, 128 Stat. 2848.)
§ 718q. State application
(a) Approval of application required
(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 subchapter, 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.
(Pub. L. 113–239, § 4, Dec. 18, 2014, 128 Stat. 2848.)
§ 718r. State obligations and authorities
(a) Delivery of electronic stamp
The Secretary shall require that each individual to whom a State sells an electronic stamp under this subchapter shall receive the electronic stamp—
(1) on the date of purchase of the electronic stamp; 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
(3) Additional fees not affected
(c) Electronic stamp issuance fee
(d) Duplicate electronic stamps
(e) Delivery of actual stamps
(f) Limitation on authority to require purchase of State license
(Pub. L. 113–239, § 5, Dec. 18, 2014, 128 Stat. 2848; Pub. L. 118–25, § 2(a), Dec. 19, 2023, 137 Stat. 129.)
§ 718s. Electronic stamp requirements; recognition of electronic stamp
(a) Stamp requirements
The Secretary shall require an electronic stamp issued by a State under this subchapter—
(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 subchapter shall—
(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
(Pub. L. 113–239, § 6, Dec. 18, 2014, 128 Stat. 2849; Pub. L. 118–25, § 2(c), Dec. 19, 2023, 137 Stat. 130.)
§ 718t. Termination of State participationThe authority of a State to issue electronic stamps under this subchapter 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 718q of this title; 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.
(Pub. L. 113–239, § 7, Dec. 18, 2014, 128 Stat. 2849.)