of the bill. I wonder if that might help the committee in its deliberations. Would you like to have that inserted in the record? Senator BARTLETT. I surely would. We appreciate that. (Section-by-section analysis follows:) BRIEF SECTION-BY SECTION ANALYSIS OF S. 2102 WITH THE AMENDMENTS OF THE DEPARTMENT OF THE INTERIOR Section 101 TITLE I-FUR SEALS It contains in effect the longstanding prohibition against the taking of fur seals except as authorized by this act or by the Secretary of the Interior. It is similar to section 2 of the 1944 act. It provides an additional feature, not present in the 1944 act, which makes it unlawful for a person subject to the jurisdiction of the United States to refuse to permit officials of Canada, Japan, or the U.S.S.R. to board and search on the high seas any fishing vessel subject to the jurisdiction of the United States to determine whether the vessel is engaged in unlawful sealing. This new feature is in furtherance of article VI of the convention which provides for joint enforcement of the prohibition against pelagic sealing. Section 102 Section 102 permits the Indians, Aleuts, and Eskimos to continue to take fur seals at sea. The section continues to limit the privilege of pelagic sealing to natives who "are not in the employment of other persons or under contract to deliver the skins to any person." Section 108 This section directs the Secretary to permit otherwise prohibited activities related to the fur seal resources as contemplated by the convention for educational, scientific, or exhibition purposes. In addition, he is directed to conduct investigations and research on this resource to carry out the obligations of the United States under the 1957 convention. The Secretary now has broad research and investigation authority under the present Fish and Wildlife Act of 1956 to carry out the fish and wildlife programs of this Department, including the fur seal program. Section 104 Subsection (a) of this section directs the Secretary to take fur seals on the Pribilof Islands and on other U.S. land for convention purposes and to manage the herd, to cure the fur seal skins so taken, to hire natives of the Pribilof Islands, and, in his discretion, other persons to take and cure fur seal skins, to deliver to the parties to the convention the fur seal skins to which they are entitled, to use fur-seal skins for product development and market promotion, to provide for the disposal or destruction of fur seal skins that have no value or use as luxury furs, to provide for the processing of fur seal skins, to provide for the sale of fur seal skins and the products of fur seals not used or disposed of under this title, and to deposit into the Treasury the proceeds of the sales. Seventy percent of the proceeds, after deducting costs to the United States of administering the program, are now paid to Alaska pursuant to the Alaska Statehood Act. This arrangement is continued by S. 2102. This subsection also directs the Secretary to pay annually to the North Pacific Fur Seal Commission any proceeds from sales of fur seal skins taken contrary to this act or regulations or that are forfeited to the United States. Subsection (b) authorizes the Secretary to enter into contracts or other agreements to carry out the provisions of this act, except for the purpose of taking fur seals. Such contracts could be by negotiation. Section 105 This section authorizes Federal enforcement officers to board and search some types of vessels of any of the parties to the convention. The officers must carry a certificate of identification and, after boarding and searching the vessel, the officers may seize the vessel or arrest any person on board, or both. This section is designed primarily to implement article VI of the 1957 convention which provides for joint enforcement by the party governments of the prohibition against pelagic sealing. Section 13 of the 1944 act has a similar purpose. Section 106 This section provides for the appointment of a U.S. Commissioner and Deputy Commissioner to the Commission. Section 107 This section authorizes the Secretary of State, with the concurrence of the Department of the Interior, to accept or reject recommendations of the Commission. Section 108 This section provides for consultation with other Federal agencies. Section 109 This section defines the various terms used in the bill. Section 201 TITLE II-ADMINISTRATION OF THE PRIBILOF ISLANDS This section provides that the islands wil continue to be a special Federal reservation primarily for the conservation of the natural resources thereon. Section 202 This section authorizes the Secretary of the Interior, in administering the islands, to enter into agreements or leases with, and to issue permits to, various public and private groups or persons for the use of federally owned property for various purposes, including tourist accommodations. Similar authority is now found in the 1944 act. Section 203 The authority of subsection (a) is not new. It is found in more general terms in the 1944 act. This subsection authorizes the Department of the Interior to provide certain needed services to the natives and to Federal employees. The Secretary will establish charges for services to Federal employees. Similar services to the natives of the islands may be free. Subsection (b) provides for the crediting of receipts from such services. This authority is new, but other agencies now have similar authority, such as the National Park Service. Section 204 This section, with the Department's amendments, authorizes the Secretary of the Interior to enter into agreements with the State pursuant to which the State will assume the entire function of educating the natives of the Pribilof Islands. Similarly, the State could assume other responsibilities in relation to the natives, such as the furnishing of food and shelter. In the case of education, the bill specifically provides that the State shall meet the educational needs of the natives in the same manner as the State is required to meet the educational needs of its other citizens. For the past several years, the State of Alaska has staffed and operated the schools on the islands of St. George and St. Paul under an agreement with the Bureau of Commercial Fisheries which calls for reimbursement of the State's costs from the proceeds of sales of sealskins and other products of the Pribilof Islands. There is some indication that the State may wish to assume direct responsibility for operating the schools on the islands. This function, however, will continue to be financed from the Pribilof Islands fund. Section 205 This section with the Department's amendment provides that the Surgeon General of the Public Health Service will provide all medical and dental care in the islands. Such care may be free for the natives. The administration of that program will continue to be financed by the Pribilof Islands fund. Section 206 Subsection (a) with the Department's amendments authorizes Interior to set apart some land only on St. Paul Island to establish a townsite. The Secretary must then survey the townsite and issue a patent to a trustee appointed by him. The patent cannot, however, be issued to the trustee until such time as the Secretary is satisfied, based on studies etc., that a viable self-governing community is established or is about to be established which will provide the normal municipal services to those people. The trustee can then convey title to the individual natives of the Pribilof Islands of the improved or unimproved lots or tracts within the townsite, if this community is actually in existence. These lots can be used for any purpose not inconsistent with the purpose for which these islands are reserved. The deed to the conveyed land will contain whatever conditions the Secretary deems necessary to carry out the conservation needs of the islands. It will also provide that the conveyed land cannot be alienated except upon approval of the Secretary. The lands will, however, be subject to taxation and to levy and sale in satisfaction thereof. Upon the death of the native owner, his estate will be probated by the Secre tary of the Interior pursuant to sections 1 and 2 of the act of June 25, 1910 (36 Stat. 855), as amended (25 U.S.C. 372 and 373). In addition, this subsection provides that the conveyed land "shall not be subject to levy and sale in satisfaction of the debts, contracts, or liabilities of the purchaser.' An exception is made to allow the purchaser to obtain financing for home or business loan purposes. The 1956 act permits Indian owners of any land which is either held in trust by the United States, or is subject to a restriction against alienation imposed by the United States to execute a mortgage or deed of trust to the land upon approval of the Secretary of the Interior. Thus, the land would be subject to foreclosure or sale pursuant to the mortgage or deed of trust under State law. Subsection (b) authorizes the Secretary to determine the amount to be paid for the lands taking into consideration certain specific factors, such as the economic status of the natives and the restrictive nature of the title to be conveyed. Section 206 (c) provides that the net proceeds collected from the sale of these lands shall be made available to the established local governing body to be used with other proceeds available to such body for the purpose of providing adequate municipal services to persons inhabiting the islands. The proceeds, along with other available funds, such as tax revenues, should be available to that community to enable them to provide needed services. Subsection (d) with our suggested amendments directs the trustee, upon approval of the Secretary, to convey to the incorporated municipality any property within the townsite which is unsold 5 years after incorporation and not needed for Federal purposes. The conveyance will be subject to such conditions as the Secretary deems necessary. The municipality may use or dispose of this property, subject to whatever conditions the Secretary may impose, in carrying out its responsibilities. Subsection (e) directs the trustee to convey to the incorporated municipality all surveyed streets and alleys of the townsite. The trustee may also survey and convey additional streets and alleys on land purchased by the natives when it is in the interest of the native owner of the land as determined by the Secretary. The deed issued to the purchaser will reserve to the incorporated municipality the property covered by the extended streets and alleys. Subsection (f) will protect whatever rights the natives or other persons may have in the property to be conveyed. Section 207 Section 207 establishes penalties for violating regulations of the Secretary. Section 208 Section 208 provides additional retirement credits to certain native inhabitants of the islands who, as determined by the Secretary, were engaged in sealing activities prior to January 1, 1950. The provision stems from a ruling by the Civil Service Commission in April of 1951 on retirement benefits for these people. In 1951, the Commission advised this Department that the resident Aleuts of the Pribilof Islands performing services for the Government "will be considered as Government employees for retirement purposes only from January 1, 1950. Prior thereto the relationship of employer and employee did not exist, they being virtual wards of the Government, and any compensation received was on a fee basis. Such period will not be credited in determining retirement benefits." Under this administrative ruling the older Aleuts now of retirement age do not have creditable service for retirement before 1950. This section of the bill changes the administrative ruling of the Commission. Section 301 TITLE III-SEA OTTER PROTECTION This section prohibits persons under the jurisdiction of the United States from taking, etc., sea otters on the high seas beyond U.S. territorial waters. Section 302 This section authorizes the Secretary to sell or dispose of sea otter skins and their products that are forfeited to the United States, or seized by, the United States. This authority also extends to sea otters taken directly by the Secretary on the high seas or within the Aleutian Islands National Wildlife Refuge for conservation, scientific, or management purposes. All proceeds go to the Pribilof Islands fund. TITLE IV-GENERAL The provisions of this title relate to the enforcement of the act. Section 401 Section 401 (a) is similar to section 11 of the 1944 act insofar as it provides for a mandatory forfeiture of fur seals or sea otters, or parts thereof, which have been taken contrary to the act. A new feature not found in the 1944 act is contained in section 401(b). This section would make existing provisions of law governing the remission or mitigation of vessel forfeitures apply to vessels seized under this act. The language employed in the section is identical to that found in section 2(c) of Public Law 88-308. Section 402 The provisions of section 402 are similar to those contained in section 10 of the 1944 act. They authorize searches and arrests, the issuance and execution of warrants, the seizure of offending vessels, and the seizure and disposition of fur seals or sea otters taken or retained in violation of the act or regulations issued thereunder. Section 403 Section 403 authorizes the Secretary to issue regulations to carry out the provisions of the act. Section 404 Section 404 prescribes a maximum fine of $2,000 or imprisonment for a maximum of 1 year, or both, for violations of title I or title III. Section 405 Section 405 authorizes the Secretary to enter into contracts for research with any person or public or private agency to carry out the provisions of S. 2102. This provision will enable the Department to exercise the authority contained in the act of September 6, 1958 (72 Stat. 1793, 42 U.S.C. 1891-1893) to make grants for the support of basic scientific research for this program, Section 406 Section 406 defines certain terms. Section 407 This section authorizes the appropriation of moneys in the Pribilof Islands fund, as well as general appropriations, to carry out the provisions of this amended bill, including those relating to the administration of the Pribilof Islands. Under section 5 of the 1944 act as amended by the act of September 27, 1950 (64 Stat. 1071), the proceeds of the sale of fur sealskins, sea otter skins and other products of the wildlife resources of the Pribilof Islands are deposited in the Treasury. Annual appropriations for the purposes of the 1944 act and for the development of the fur seal and other wildlife resources of the islands are authorized to be made but limited to an amount not exceeding the total proceeds of sales covered into the Treasury during the preceding fiscal year. Section 407, with the Department's amendment, removes this limitation and also authorizes appropriations from other funds in the Treasury, in addition to the Pribilof Islands fund. Section 408 Section 408 is technical. It makes no substantive change in section 6 (e) of the Alaska Statehood Act. Senator BARTLETT. Now one final question. Let's look at section 308, page 18 of the bill, which seeks to alter the last three sentences of section 6(e) of the Alaska Statehood Act. Mr. Finnegan, have you examined that? Mr. FINNEGAN. Yes, sir. Senator BARTLETT. What is the meaning of the language in the bill, if you have it? Mr. FINNEGAN. The language, the present language in the bill provides for payment to the State of Alaska of 70 percent of the net proceeds as determined by the the Secretary of the Interior, deriving from the sale of sealskins or sea otter skins as we have amended it, made in accordance with this Fur Seal Act of 1965. I previously had said in accordance with the Fur Seal Act of 1944. The amendment here is to change this to conform it to this bill. Senator BARTLETT. This is technical only? Mr. FINNEGAN. That is right. Senator BARTLETT. I have no further questions. Mr. Foster? The committee did receive certain suggested amendments to the legislation, and I would like to bring these forward for comment. One amendment related to the interest that the St. Paul community had in being able to obtain not only land in the townsite, usually thought of as being one whole area surrounding the immediate communtiy, but certainly additional area on the island that they could use for recreational and other purposes. This they proposed as an amendment to section 206 (a) of the original bill. Has the Department given any thought to extending the authority of the Secretary to be included in any grant to the community lands outside the direct community area? Mr. McKERNAN. Yes, we have. We knew of this suggestion. We interpret the language of the bill as it now reads to allow the Secretary to provide for such eventuality. That is, setting aside as part of the property certain sections of land outside of the village area. This could be done under the present wording. It is our belief it could be done. Mr. FOSTER. Under what section? Mr. McKERNAN. Section 206(a). We would consider that these special areas could be included as part of the townsite. That is, the townsite doesn't necessarily have to be in one location. And incidentally, we have no objection to making that clear, to incorporating language which specifically stated that if it is the wish of the committee. Mr. FOSTER. The committee would find it helpful to have something submitted which would be clarifying on that one point. Mr. McKERNAN. We would be glad to do that. (The information requested above follows:) DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington, D.C., March 25, 1966. Hon. E. L. BARTLETT, U.S. Senate, Washington, D.C. DEAR SENATOR BARTLETT: Your letter of March 10 requests a statement clari. fying the question raised by the Department of Justice, relative to the applicability of the Administrative Procedure Act in the case of regulations issued |