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STATEMENT OF ILIODOR MERCULIEFF, PRESIDENT, ST. PAUL COMMUNITY COUNCIL, ST. PAUL ISLAND, ALASKA; ACCOMPANIED BY TERENTY PHILEMONOFF, VICE PRESIDENT, ST. PAUL COMMUNITY COUNCIL

Mr. MERCULIEFF. Yes, sir. Thank you, Senator.

Mr. Chairman, this is the first time in the history of the Pribilof Islands, Alaska, that their communities have been given the opportunity to be represented at Senate Commerce Committee hearings in Washington, D.C., on S. 2102.

As you may know, it was September 9, 1965, that Senator E. L. Bartlett, accompanied by William C. Foster, assistant counsel to the Commerce Committee; Ralph C. Baker, Bureau of Commercial Fisheries, and Willard Bowman, Executive Director of the Commission on Human Rights from the Alaska Governor's office, held hearings on S. 2101 at the Community Hall at 4 p.m. and lasting until approximately 10 p.m. with 111⁄2 hours recess at 5:30 p.m.

It was at this hearing that we had several witnesses that testified and gave their views of how the community existed throughout the years of near poverty, so to speak. We have read and studied this bill which has many provisions that will provide all the privileges for the island residents.

I feel that the community will benefit from it if and when it is enacted, as introduced, and possibly with various changes and recommendations after questions and answers that may arise at today's hearing, especially on amendments inserted at the island's hearing and then reworded later by letter to William C. Foster. At this time I will not go any further into details but I will make all efforts to answer all questions.

I believe that nowhere in the Nation are there Government employees who worked for more than 30 or 40 years who do not receive fair retirement annuities-outside of the Pribilofs. Therefore, I ask the Commerce Committee to give full consideration to services rendered by our elderly residents of these islands.

It was not their fault that they did not apply for retirement benefits prior to 1950. It was that they were not informed of these privileges. And now they have their chance in view of this bill S. 2102.

As far as our amendment No. 2 considered here, for the past 100 years, beginning with our forefathers, we have lived and worked for the Federal Government on the islands. During this time it was the Aleuts who had always done the major portion of seal harvesting. Of course with the supervision of the Federal Government and the Fouke Fur Co. representatives, up until 2 years ago when the harvesting on the field was transferred solely to the Aleuts' responsibility to operate, and it was proven successful.

There are yet more responsibilities to be turned over to us, such as utilities, electricity, operating the market, and when we do incorporate as a city, we will operate and maintain the municipal services.

It is then we will need funds to build our own city to what it should have been years ago because the islands alone produced, in the years mentioned here, enough capital exceeding the purchase price of the State of Alaska to maybe 10 or 20 times.

I am not saying that the facilities on the islands are all together inadequate. There are good homes which could be improved to a better standard, community hall, which we could replace to make it the best little auditorium with better facilities, including a bowling alley and many other buildings.

All of these improvements should have been foreseen and efforts made so that the people on the islands could live more happily inas much as they were born and raised on these rich islands which produced for the past years, as I mentioned.

I pray it be resolved in the Congress of the United States of America, all these points I testified on, and be enacted into law if possible, so that our children and their children will live better lives in the future. Thank you.

Senator BARTLETT. Thank you.

Terenty, do you have anything to add to Iliodor's statement in your capacity as vice president?

Mr. PHILEMONOFF. No, sir, Mr. Senator.

Senator BARTLETT. I don't think it would be fair for me to ask you gentlemen to comment at this time on all ow these amendments, be cause there are many of them. Some of them are of importance. You have to have the text of them in front of you. I think that it would be best to follow the procedure I suggested, that we send you the transcript and then you reply in 3 weeks in writing.

I would like to ask you, though, what is behind the decision to request $100,000 instead of the $50,000 suggested at the St. Paul hearing?

Mr. MERCULIEFF. Mr. Chairman, we haven't all together sat down and tried to determine just how much will be needed. But as far as it was seen from some of the spending on the islands on maintenance and providing for the wages as they are now, we found out that this $50,000 would be inadequate. Therefore, we asked for $100,000. May I read a copy of a letter that I wrote to Mr. William C. Foster! Senator BARTLETT. Yes.

Mr. MERCULIFFF (reading): I am sending you a copy of the amend ments I offered before the subcommittee hearing held on St. Pa Island on S. 2102. For the official record I wish to state that the St. Paul community wants the wording of the amendments chargi to the following wording:

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Amendment No. 1 All money from the sale of improved lots and unimproved lots under section 206(e) shall be set aside for the community government Secretary shall turn over the money to the community government of the 1 after incorporation and after the Secretary shall determine that the man is capable financially and otherwise, to provide adequate municipal servic persons inhabiting these islands,

Amendment No. 2. That 15 percent of the net proceeds of the US share $100.000, before the money is split between the US. Government and the of Alaska, shall be granted to the community government of St. Paul each year for the rearposes of providing municipal services

An endrent No 3 That the Bureau of Commercial Fisheries from why council with copies of the regulations written to implement S 2102 before those regulations are adopted The council would like to be able to review regulations and offer suggestions for changes,

Wot, d toll we to it that the wording of the three amendments is In the official record?

I would also Pke to offer a fourth amendment to 8 2102 Would va thes fourth amendment in the official record of the hearing on 8 212.

FUR SEALS-PRIBILOF ISLANDS

Amendment 4 to section 206(a): In addition to the land set aside for the establishment of a townsite, the Secretary is also authorized to set aside sufficent land in the areas known as Marunich, Tsammana, and Southwest Point for purposes of recreation and cabin sites. The Secretary shall survey the land set aside at Marunich and Tsammana points into lots, blocks and streets, and issue a patent therefor to a trustee appointed by the Secretary. The trustee is authorized to convey to the community government titles to improved or unimproved lots for cabin site or other purposes not inconsistent with the purpose for which the Secretary administers said islands, with or without reimbursement. The Secretary shall also survey the land set aside at Southwest Point and cause this area to be set aside for a recreation area not to be subdivided. The title to this area shall be conveyed to the community government. That was signed by Iliodor Merculieff, president of the council.

Senator BARTLETT. You said in opening, Mr. Merculieff, that this is the first time that Pribilovians have come to Washington to testify on the bill before us. As a matter of probability, you are the first resident from the islands to come to Washington to testify on any congressional legislation, are you not?

Mr. MERCULIEFF. Yes, Mr. Chairman. That is true. And I am proud to be here in behalf of the Aleut community. This is a wonderful opportunity to be heard at this point, while the spotlight is still on the islands.

Senator BARTLETT. You are ready, as we understand it, to form a municipality. But it is correct, is it not, that at the September meeting in your hometown, the people of St. George said they were not yet prepared to do so.

Mr. MERCULIEFF. That is correct, Mr. Chairman.

Senator BARTLETT. They want to wait a while?

Mr. MERCULIEFF. Yes. However, there is a trend for them to take this suggestion or recommendations from the Bureau of Commercial Fisheries to transfer over to St. Paul. We have had several requests to that effect. In fact, I think we have more requests than we can fulfill at the present time.

Senator BARTLETT. Why-because of the lack of housing?

Mr. MERCULIEFF. Yes, Mr. Chairman. That is true.

Senator BARTLETT. I hate to bring this up, because it relates to a tragedy, but you had a very bad fire over there the other day, did you not?

Mr. MERCULIEFF. Yes.

Senator BARTLETT. How many people died in that fire?

Mr. MERCULIEFF. There were nine lives lost in that fire-one adult and eight children.

Senator BARTLETT. How did this happen?

Mr. MERCULIEFF. This we could not determine at the time. But from all indications, we gathered it may have been spontaneous combustion. It was not detected until actually the flash fire occurred there.

Senator BARTLETT. Was it at night?

Mr. MERCULIEFF. It was at midnight.

Senator BARTLETT. Where were those who were burned to death sleeping?

Mr. MERCULIEFF. The seven children were in one bedroom, and the father and the youngest child were in the attic sleeping. They were the only two that were burned. The others, sleeping downstairs, the children, were not burned but they suffocated from the poisonous gas.

Senator BARTLETT. Seven were sleeping in one room?
Mr. MERCULIEFF. That's right.

Senator BARTLETT. Was there any way for them to get out of the attic?

Mr. MERCULIEFF. No, Mr. Chairman. There was only one stairway leading to the attic bedroom. This was built due to the lack of the housing shortage. They had to have a bedroom up there in order to have a little more room downstairs.

Senator BARTLETT. There were no windows?

Mr. MERCULIEFF. There were no windows.

Senator BARTLETT. Going back to the figure which is now $100,000, do you still feel, especially following the testimony of Mr. Wade, that this should come from the State government?

Mr. MERCULIEFF. Mr. Chairman, we feel that it should come from any source, since we have been denied our privileges all these years. I think we, so to speak, should have some kind of an income there.

Inasmuch as the Bureau of Commercial Fisheries is not going to consider our prior services-prior to 1950-I think we are entitled to some kind of funds.

Senator BARTLETT. I think the Bureau of Commercial Fisheries, if I understand the testimony correctly, is very, should I say, friendly to that provision in the bill. It is other agencies in the Federal Government that express reluctance. That doesn't mean that the Congress has to be bound by any continuing interpretation of the Civil Service Commission, for example.

At the present time I infer you wouldn't be negative to the arrangements which might have the money coming from the Federal Government rather than the State government?

Mr. MERCULIEFF. No, Mr. Chairman.

Senator BARTLETT. I am concerned about that constitutional provision that Mr. Wade mentioned as precluding the State from supplying the money, although Governor Egan stated, as Mr. Wade told us, that he believes the community should have it.

In view of this, in view of the Constitution, and, of course, the Governor can't alter the Constitution, I would like to express a very sincere hope that the Department of the Interior, out of the richness of the values that have accrued to the Federal Government, would be willing to return some of it to the people of the community. We will inquire further into the attitude of the Interior Department relating to this.

I think that both of you, in testifying and appearing here and at St. Paul, have done splendid service for your community. I think it is very important that you came here. We appreciate your presence. Frankly, I for one would not have wanted to go further unless you had this opportunity to be in Washington, as we discussed up there in September, to present your further views, to hear the other witnesses, to make your own conclusions regarding their testimony, and then to have further opportunity-as you will have-to examine their testimony in written form and base your recommendations upon that. Mr. Foster?

Mr. FOSTER. No questions, Mr. Chairman. Thank you.
Senator BARTLETT. Thank you, gentlemen.

Mr. MERCULIEFF. You are welcome, Mr. Chairman. And thank you for giving us the opportunity to appear here before your committee.

Senator BARTLETT. The committee will be in recess, subject to the call of the Chair.

(Whereupon, at 12:20 p.m., the committee was recessed, subject to the call of the Chair.)

The following letters were received to be made a part of the record :)

STATE OF ALASKA,
Juneau, April 6, 1966.

Hon. WARREN G. MAGNUSON,

Chairman, Committee on Commerce,

U.S. Senate, Washington, D.C.

DEAR SENATOR MAGNUSON: It was not until after I had an opportunity to review the report of the proceedings of the hearings held before the Commerce Committee on S. 2102, a bill to protect and conserve the North Pacific fur seals, dated February 18, 1966, that I learned there was any objection to section 209 of this proposed legislation.

As you know, section 209 proposes to grant civil service retirement credit for services performed by natives of the Pribilof Islands prior to January 1, 1950, in the taking and curing of fur sealskins and in other activities connected with administration of the islands, as determined by the Secretary of the Interior from records available to him. Had I known that the Civil Service Commission was raising any objection to this section, I would have commented on this section in the statement which I presented at the February 18 meeting.

I want to vigorously object to the Civil Service's position on this section of this fine bill, S. 2102. Certainly the natives who have contributed so much to this natural resource of the Pribilof Islands should have their services recognized to this extent; particularly after the services recognized to this extent; particularly after the treatment they received by the agency of the Government that was administering the program.

I strongly urge that section 209 remain in the bill over any objection by the Civil Service Commission and that every native of the Pribilof Islands who contributed services prior to 1950 be given service retirement credit for such services. Sincerely,

WILLIAM A. EGAN, Governor.

WILDLIFE MANAGEMENT INSTITUTE,
Washington, D.C., February 24, 1966.

Hon. WARREN G. MAGNUSON,

Chairman, Committee on Commerce,

Senate Office Building, Washington, D.C.

DEAR SENATOR MAGNUSON: Conservationists are concerned about the fact that S. 2102, if enacted without amendment, would terminate Federal protection of sea otters on the high seas. As recent testimony before the committee made clear, sea otters now have high seas protection under the 1944 Fur Seal Act which S. 2102 would repeal.

Although sea otters occur principally within the 3-mile limits of Alaska and California, there is mounting evidence that the animals are reestablishing colonies within their historic range in international waters. There is very reason to believe that the animals will continue to increase under extension of the current protection. S. 2102 challenges this outlook, however,

Certainly, the conservationists have no objection to taking necessary steps toward improving the well-being of natives of the Pribilof Islands. We see no logic, however, for ending Federal protection of sea otters on the high seas as a condition of this new legislation. It is hoped that the committee will amend S. 2102 so as to provide for continued protection of the sea otters in international waters.

I would appreciate having this letter made a part of the hearing record.

Sincerely,

C. R. GUTERMUTH, Vice President.

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