to confiscation on the decision of the court or other authorities of the party under whose jurisdiction the trial of the offense takes place.

(c) At the request of said party, the Secretary of State shall direct the person authorized to enforce the provisions of this Act to attend the trial as a winess in any case arising under said article or give testimony by deposition, and shall produce such records and files or copies thereof as may be necessary to establish the offense.

SEC. 106. The President shall appoint to the Commission a United States Commissioner who shall serve at the pleasure of the President. The President may also appoint a Deputy United States Commissioner who shall serve at the pleasure of the President. The Deputy Commissioner shall be the principal adviser of the Commissioner, and shall perform the duties of the Commissioner in case of his death, resignation, absence, or illness. The Commissioner and the Deputy Commissioner shall receive no compensation for their services. The Commissioners may be paid travel expenses and per diem in lieu of subsistence at the rates authorized by section 5 of the Administrative Expense Act of 1946 (5 U.S.C. 736-2) when engaged in the performance of their duties.

SEC. 107. The Secretary of State, with the concurrence of the Secretary of the Interior, is authorized to accept or reject, on behalf of the United States, recommendations made by the Commission pursuant to article V of the con

vention.

SEC. 108. The head of any Federal agency is authorized to consult with and provide technical assistance to the Secretary of the Interior or the Commission whenever such assistance is needed and can reasonably be furnished in carrying out the provisions of this title. Any Federal agency furnishing assistance hereunder may expend its own funds for such purposes, with or without reimbursement.

SEC. 109. As used in this title, the term—

(a) "Convention" means the Interim Convention on the Conservation of North Pacific Fur Seals signed at Washington, on February 9, 1957, by the parties, as amended by the protocol signed at Washington, on October 8, 1963, by the parties, and any other amendment, treaty, convention, or agreement hereafter entered into by the United States for the protection of fur seals,

(b) "Party" or "parties" means the United States of America, Canada, Japan, and the Union of Soviet Socialist Republics,

(c) "Commission" means the North Pacific Fur Seal Commission established pursuant to article V of the convention,

(d) "Sealing" means the taking of fur seals.

(e) "North Pacific Ocean" means the waters of the Pacific Ocean north of the thirtieth parallel of north latitude, including the Bering, Okhotsk, and Japan Seas,

(f) "Import" means to land on, or bring into, or attempt to land on, or bring into any place subject to the jurisdiction of the United States.

TITLE II-ADMINISTRATION OF THE PRIBILOF ISLANDS

SEC. 201. The Pribilof Islands shall continue to be administered as a special reservation by the Secretary of the Interior for the purposes of conserving, managing, and protecting the North Pacific fur seals and other wildlife, and for other purposes.

SEC. 202. The Secretary, in carrying out the provisions of this title, is authorized to enter into contracts or agreements or leases with, or to issue perinits to, public or private agencies or persons, including the natives of said islands, in accordance with such terms and conditions as he deems desirable, for the use of any Government-owned real or personal property located on the Pribilof Islands, for the furnishing of accommodations for tourists and other visitors, for educational, recreational, residential, or commercial purposes, for the operation, maintenance, and repair of Government-owned facilities and utilities, for the transportation and storage of food and other supplies, and for such other purposes as the Secretary deems desirable.

SEC. 203. (a) In carrying out the provisions of this title, the Secretary is also authorized

(1) to provide, with or without reimbursement, the natives of the Pribilof Islands with such facilities, services, and equipment as he deems necessary, including, but not limited to, food, fuel, shelter, transportation, education, and nonemergency medical and dental care,

(2) to provide the employees of the Department of the Interior and other Federal agencies and their dependents, and tourists and other persons, at reasonable rates to be determined by the Secretary, with such facilities, services, and equipment as he deems necessary, including, but not limited to, food, fuel, shelter, transportation, education, and nonemergency medical and dental care,

(3) to furnish Federal employees and their dependents, and other persons on the Pribilof Islands without charge emergency medical services and supplies, including transportation for such services,

(4) to purchase, transport, store, and distribute such supplies and equipment to carry out the provisions of this section as the Secretary deems necessary, and

(5) to purchase, construct, operate, and maintain such facilities as may be necessary to carry out the provisions of this section.

(b) The proceeds from the furnishing of facilities, services, supplies, and equipment pursuant to this section shall be credited to the appropriation current at the time the proceeds are received.

SEC. 204. (a) The Secretary is authorized to enter into an agreement with the Governor of the State of Alaska pursuant to which the State shall assume full responsibility for furnishing education to the natives of the Pribilof Islands, including the costs thereof. The Secretary is also authorized to enter into agreements with said Governor pursuant to which the State shall furnish to such natives adequate food, shelter, transportation, medical and dental care, and such other facilities, services, and equipment as the Secretary deems necessary.

(b) Any agreement entered into pursuant to this section for the transfer to the State of the responsibility for furnishing education to the natives of the Pribilof Islands shall provide, in addition to such terms and conditions as the Secretary deems desirable, that the State of Alaska, in assuming such responsibility, shall meet the educational needs of the said natives in the same manner as the State meets the educational needs of all of its citizens, including the furnishing of necessary facilities therefor.

(c) The Secretary is authorized to transfer to the State of Alaska, without reimbursement, the title to or use of such real and personal property located on the Pribilof Islands as he determines may be necessary to enable the State to assume the responsibility for carrying out any agreement entered into pursuant to this section, by lease, conveyance, exchange, or cooperative agreement upon such terms and conditions as he deems desirable.

(d) Any part of the authority of the Secretary under section 203(a)(1) of this title which is covered by any agreement entered into pursuant to this section shall terminate six months after the effective date of any such agreement.

SEC. 205. In carrying out the provisions of this title, the Secretary is also authorized to enter into agreements with any Federal agency for the purpose of transferring to such agency the function of providing medical and dental care to the natives of the Pribilof Islands, and such agency may expend its own funds for such purposes, with or without reimbursement.

SEC. 206. (a) For the purpose of fostering self-sufficiency among the natives of the Pribilof Islands, and in order that they may enjoy local self-government, and to facilitate the establishment by such natives of a municipal corporation under the laws of the State of Alaska, the Secretary is authorized to set apart so much of the land on St. Paul Island as he determines necessary to establish a townsite. The Secretary shall survey the townsite into lots, blocks, streets, and alleys, and issue a patent therefor to a trustee appointed by the Secretary. The trustee is authorized to convey to the individual natives of the Pribilof Islands title to improved or unimproved lots or tracts of land within such townsite for homesite, commercial, or other purposes not inconsistent with the purpose for which the Secretary administers said islands, upon payment of an amount to be determined by the Secretary. Any deed issued by the trustee shall provide, in addition to such terms and conditions relating to the use of said lots or tracts as the Secretary deems necessary, that the title conveyed is inalienable except upon approval of the Secretary of the Interior. Any lot or tract conveyed by the trustee to said natives shall not be subject to levy and sale in satisfaction of the debts, contracts, or liabilities of the purchaser or to any claims of adverse possession or to claims of prescription, except that after the establishment of a municipal corporation any lot or tract conveyed to said natives shall be subject to taxation and to levy and sale in satisfaction thereof under the laws of the State of Alaska.

(b) In determining the amount to be paid for the purchase of lots or tracts under subsection (a) of this section, the Secretary shall consider the economic status of the natives of the Pribilof Islands, including the factor of isolation, the restrictive nature of the title to be conveyed, the improvements, if any, placed on the property by the purchaser and such other factors as he deems pertinent : Provided, That payment shall be made in accordance with such terms and conditions as the Secretary deems desirable.

(c) The net proceeds from the sale, pursuant to this section, of improved or unimproved lots or tracts shall be deposited in the Pribilof Islands' fund in the treasury for the administration of the Pribilof Islands: Provided, That whenever the Secretary determines that the municipality is capable, financially and otherwise, to provide adequate municipal services to persons inhabiting these islands, such proceeds shall thereafter be made available to the municipality. (d) Upon approval by the Secretary, the trustee shall convey, with or without reimbursement, any improved or unimproved land which was authorized to be sold under subsection (a), and which is unsold at the time of incorporation, and which is not needed in connection with the Federal activities on said islands, to the municipality for the purposes of this section: Provided, That a conveyance pursuant to this subsection shall be subject to such terms and conditions as the Secretary deems necessary to enable him to administer the Pribilof Islands as provided in this title.

(e) The Secretary shall convey to the municipality at the time of incorporation all surveyed streets and alleys of the townsite, and, he may survey and convey additional streets and alleys of the townsite upon and across land purchased by the natives of the Pribilof Islands whenever he determines that it would be in the interest of the native owner of said land. The deed issued to the grantee shall reserve to the municipality the area covered by the extended streets and alleys.

SEC. 207. Any person who violates or fails to comply with any regulation issued by the Secretary of the Interior under this title relating to the use and management of the Pribilof Islands or to the conservation and protection of the fur seals or wildlife or other natural resources located thereon shall be fined not more than $500 or be imprisoned not more than six months, or both.

SEC. 208. The term "Pribilof Islands" as used in this title includes, but is not limited to, the islands of Saint Paul and Saint George, Walrus and Otter Islands, and Sea Lion Rock.

SEC. 209. (a) Service by natives of the Pribilof Islands engaged in the taking and curing of fur sealskins and other activities in connection with the administration of such islands prior to January 1, 1950, as determined by the Secretary of the Interior based on records available to him, shall be considered for purposes of credit under the Civil Service Retirement Act, as amended (5 U.S.C. 2251-2267), as civilian service performed by an employee, as defined in said Act.

(b) Notwithstanding any other provision of this Act or any other law, benefits under the Civil Service Retirement Act made available by reason of the provisions of this section shall be paid from the civil service retirement and disability fund.

TITLE III-GENERAL

SEC. 301. (a) Every vessel subject to the jurisdiction of the United States that is employed in any manner in connection with a violation of the provisions of this Act, including its tackle, apparel, furniture, appurtenances, cargo, and stores shall be subject to forfeiture and all fur seals, or parts thereof, taken or retained in violation of this Act or the monetary value thereof shall be forfeited. (b) All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of a vessel, including its tackle, apparel, furniture, appurtenances, cargo, and stores for violation of the customs laws the disposition of such vessel, including its tackle, apparel, furniture, appurtenances, cargo. and stores or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act.

SEC. 302. (a) Enforcement of the provisions of this Act is the joint responsibility of the Secretary of the Interior, the Secretary of the Treasury, and the Secretary of the Department in which the Coast Guard is operating. In addition, the Secretary of the Interior may designate officers and employees of the States of the United States to carry out enforcement activities hereunder.

When so designated, such officers and employees are authorized to function as Federal law enforcement agents for these purposes, but they shall not be held and considered as employees of the United States for the purposes of any laws administered by the Civil Service Commission.

(b) The judges of the United States district courts and the United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process, including warrants or other process issued in admiralty proceedings in Federal District Courts, as may be required for enforcement of this Act and any regulations issued thereunder.

(c) Any person authorized to carry out enforcement activities hereunder shall have the power to execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this Act.

(d) Such person so authorized shall have the power

(1) with or without a warrant or other process, to arrest any person committing in his presence or view a violation of this Act or the regulations issued thereunder;

(2) with a warrant or other process or without a warrant, if he has reasonable cause to believe that a vessel subject to the jurisdiction of the United States or any person on board is in violation of any provision of this Act or the regulations issued thereunder, to search such vessel and to arrest such person.

(e) Such person so authorized may seize any vessel, together with its tackle, apparel, furniture, appurtenances, cargo, and stores, used or employed contrary to the provisions of this Act or the regulations issued hereunder or which it reasonably appears has been used or employed contrary to the provisions of this Act or the regulations issued hereunder.

(f) Such person so authorized may seize, whenever and wherever lawfully found, all fur seals taken or retained in violation of this Act or the regulations issued thereunder. Any fur seals so seized or forfeited to the United States pursuant to this Act shall be disposed of in accordance with the provisions of section 104 of this Act.

SEC. 303. The Secretary of the Interior is authorized to issue regulations to carry out the provisions of this Act.

SEC. 304. Any person violating the provisions of title I or III of this Act or the regulations issued thereunder shall be fined not more than $2,000, or imprisoned not more than one year, or both.

SEC. 305. The Secretary of the Interior, in carrying out the provisions of this Act, is authorized to enter into contracts or agreements for research with any person or public or private agency.

SEC. 306. (a) The term "person" as used in this Act means any individual, partnership, corporation, or association.

(b) The terms "take" or "taking" or "taken" as used in this Act mean to pursue, hunt, shoot, capture, collect, kill, or attempt to pursue, hunt, shoot, capture, collect, or kill.

(c) The term "natives of the Pribilof Islands" as used in this Act means any Indians, Aleuts, or Eskimos who permanently reside on said islands.

SEC. 307. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

SEC. 308. (a) The Act of February 26, 1944 (58 Stat. 100; 16 U.S.C. 631a631q), is repealed.

(b) The last three sentences of section 6(e) of the Alaska Statehood Act (72 Stat. 339) are amended to read as follows: "Commencing with the year during which Alaska is admitted into the Union, the Secretary of the Treasury, at the close of each fiscal year, shall pay to the State of Alaska 70 per centum of the net proceeds, as determined by the Secretary of the Interior, derived during such fiscal year from all sales of sealskins made in accordance with the provisions of the Fur Seal Act of 1965. In arriving at the net proceeds, there shall be deducted from the receipts from all sales all costs to the United States in carrying out the provisions of the Fur Seal Act of 1965, including, but not limited to, the costs of handling and dressing the skins, the costs of making the sales, and all expenses incurred in the administration of the Pribilof Islands. Nothing in this Act shall be construed as affecting the rights of the United States under the provisions of the Fur Seal Act of 1965 and the Northern Pacific Halibut Act of 1937 (16 U.S.C. 772–772i).”

Hon. WARREN G. MAGNUSON,

Chairman, Committee on Commerce,
U.S. Senate,

New Senate Office Building.

CIVIL SERVICE COMMISSION, Washington, D.C., February 18, 1966.

DEAR MR. CHAIRMAN: This is in further reply to your request for the views of the Civil Service Commission on S. 2102, a bill to protect and conserve the North Pacific fur seals, and to administer the Pribilof Islands for the conservation of fur seals and other wildlife, and for other purposes.

Section 104 (a) (2) of the bill provides that the Secretary shall "employ natives of the Pribilof Islands and, when necessary, other persons for taking and curing of fur sealskins pursuant to this section, and compensate them at rates to be determined by the Secretary."

The Commission does not object to this provision but wishes to make it clear that the language does not have the effect of exempting the employees from the Classification Act of 1949, as amended, if they occupy positions which would otherwise be subject to that act and does not exempt the employees from the prevailing rate provisions of section 202(7) of that act should they occupy positions which are excluded from the coverage of the act by that section. The Commission does not suggest that such exemptions are either necessary or desirable but simply wishes to avoid any misunderstanding.

Section 106 of the bill provides that the President shall appoint to the North Pacific Fur Seal Commission a U.S. Commissioner and a Deputy U.S. Commissioner, both to serve at the pleasure of the President. The bill provides that the Commissioner and Deputy Commissioner shall receive no compensation for their services, but that they may be paid travel expenses and per diem in lieu of subsistence at the rates authorized by section 5 of the Administrative Expenses Act of 1946 when engaged in the performance of their duties.

The Civil Service Commission has no objection to the provisions regarding the compensation of the Commissioners. The reference to the United States Code, however, should read 5 U.S.C. 73b-2.

Section 209 proposes to grant civil service retirement credit for service performed by natives of the Pribilof Islands prior to January 1, 1950, in the taking and curing of fur-seal skins and in other activities connected with administration of the islands, as determined by the Secretary of the Interior from records available to him.

Before 1950 the relationship of the Pribilovians to the Department of the Interior was more like that of ward to guardian than employee to employer. The year 1950 marks the point at which, through the introduction of cash wages and other measures, the relationship became one of employee to employer, and service has been creditable toward civil service retirement since that time. The Commission opposes the granting of service credit for other than service as an employee. Therefore, the Commission recommends that section 209 be deleted. Under section 302 (a) State employees designated by the Secretary of the Interior would be authorized to function as Federal law enforcement agents but would not be Federal employees for the purposes of any laws administered by the Civil Service Commission. These laws include the Civil Service Act, Classification Act, Veterans' Preference Act, Civil Service Retirement Act, and others. The Commission has no objection to this provision.

The Bureau of the Budget advises that from the standpoint of the administration's program there is no objection to the submission of this report.

Sincerely yours,

By direction of the Commission:

JOHN W. MACY, Jr.

Chairman.

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE,
Washington, D.C., February 23, 1966.

Hon. WARREN G. MAGNUSON,

Chairman, Committee on Commerce,
U.S. Senate, Washington, D.C.

DEAR MR. CHAIRMAN: This letter is in response to your request of June 10, 1965, for a report S. 2102, a bill to protect and conserve the North Pacific fur seals, and to administer the Pribilof Islands for the conservation of fur seals and other wildlife, and for other purposes."