16 U.S.C. § 718r: State obligations and…

Summary

Buyers must get their electronic duck stamp the same day they buy it, in a way the State and the federal government agree on. States that sell electronic stamps must send the buyer’s first and last name, full mailing address, the stamp’s face value, and the federal part of any fee to the federal government. When to send this information is set by the written agreement between the State and the federal government. The rule does not change the State’s share of any fee. A State may charge a reasonable fee to cover costs for issuing electronic stamps, including mailing real stamps. States can replace lost or damaged electronic stamps. After March 10 each year, the federal government will mail a real stamp to anyone who bought an electronic stamp for the previous waterfowl season. A State cannot force someone to buy a State hunting license to get an electronic stamp.

Title 16, §718r

Conservation, Source: USLM XML via OLRC

(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)

(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 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 subchapter, including costs of delivery of actual stamps under subsection (e).

(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)Delivery of actual stamps

The Secretary shall issue an actual stamp after March 10 of each year to each individual that purchased an electronic stamp for the preceding waterfowl season.

(f)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 subchapter.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsec. (a). Pub. L. 118–25, § 2(a)(1)(A), (B), substituted “electronic stamp” for “actual stamp” in heading and “the electronic stamp” for “an actual stamp” in introductory provisions. Subsec. (a)(1). Pub. L. 118–25, § 2(a)(1)(C), added par. (1) and struck out former par. (1) which read as follows: “by not later than the date on which the electronic stamp expires under section 718s(c) of this title; and”. Subsec. (c). Pub. L. 118–25, § 2(a)(2), substituted “actual stamps under subsection (e)” for “actual stamps”. Subsecs. (e), (f). Pub. L. 118–25, § 2(a)(3), added subsec. (e) and redesignated former subsec. (e) as (f).

§718r State Obligations and Authorities

Summary

Title 16, §718r

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata