16 USC 718r: State obligations and authorities
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16 USC 718r: State obligations and authorities Text contains those laws in effect on May 4, 2024
From Title 16-CONSERVATIONCHAPTER 7-PROTECTION OF MIGRATORY GAME AND INSECTIVOROUS BIRDSSUBCHAPTER IV-A-PERMANENT ELECTRONIC DUCK STAMP

§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

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.

( Pub. L. 113–239, §5, Dec. 18, 2014, 128 Stat. 2848 ; Pub. L. 118–25, §2(a), Dec. 19, 2023, 137 Stat. 129 .)


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).