Under section 302 (a) of H.R. 9602 and section 402 (a) of S. 2102, 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 Adminis tration's program there is no objection to the submission of this report.

By direction of the Commission:
Sincerely yours,

JOHN W. MACY, Jr., Chairman.

U.S. DEPARTMENT OF THE INTERIOR,

OFFICE OF THE SECRETARY, Washington, D.C., March 8, 1966

Hon EDWARD A. GARMATZ,

Chairman, Committee on Merchant Marine and Fisheries,
House of Representatives,

Washington, D.C.

DEAR MR. GARMATZ: Your Committee has requested our comments on H.R. 9602, 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."

We recommend the enactment of H.R. 9602, if amended as suggested herein. More than 50 years ago the United States, Japan, Russia, and Great Britain entered into a treaty to give protection to fur seals. This treaty was terminated in 1941 following a notice of abrogation by Japan. A provisional fur seal agreement between Canada and this country was completed in 1942. In 1947 the provisional agreement was extended.

The 1942 agreement was implemented by Congress with the enactment of the Fur Seal Act of February 26, 1944 (58 Stat. 100; 16 U.S.C. 631a-631q). The Fur Seal Act provides for (1) the protection of fur seals within or without the territorial waters of the United States, (2) the protection of sea otters on the high seas and (3) the administration of the Pribilof Islands. The Fur Seal Act is still in effect.

In 1957, Canada, Japan, Russia, and the United States executed an "Interim Convention on Conservation of North Pacific Fur Seals." This Convention was amended by a protocol signed on October 8, 1963. The Convention and protocol are still in force.

H.R. 9602 accomplishes three major objectives. First, it restates, and to some degree, expands the present law relating to the protection of the North Pacific fur seals. Second, it expands the present authority of the Secretary of the Interior to administer the Pribilof Islands. Third, it repeals the 1944 Fur Seal Act. The bill, however, does not continue the protection now afforded the sea otter on the high seas by the 1944 Act.

Title I of the bill is primarily designed to implement the 1957 Convention and subsequent protocol. Thus, its provisions are consistent with these documents. More specifically, the title prohibits certain activities relating to North Pacific fur seals, unless the activities are permitted by the bill or by regulations of the Secretary of the Interior. The prohibitions apply to persons or vessels subject to the jurisdiction of the United States.

The title also permits Indians, Aleuts, and Eskimos living on the North Pacific coasts to take by historic methods fur seals and to dispose of their skins. This authority does not apply to Indians, Aleuts, and Eskimos who are employed by persons, other than the Secretary of the Interior, engaged in the taking of fur seals.

It directs the Secretary to permit otherwise prohibited activities relating to the fur seal for educational, scientific, or exhibition purposes.

The title directs the Secretary of the Interior to conduct scientific research and investigations on North Pacific fur seals to carry out the obligations of the United States under the 1957 Interim Convention. The Secretary now has broad authority under the Fish and Wildlife Act of 1956 to conduct scientific research and investigations to carry out the fish and wildlife program of this Department, including the fur seal program.

Title I also directs the Secretary of the Interior to take fur seals located on the Pribilof Islands and on other United States lands for Convention purposes and to manage the herd, to cure the fur sealskins so taken, to hire natives of the Pribilof Islands and, in his discretion, other persons to take and cure fur sealskins, to deliver to the parties to the 1957 Convention the fur sealskins to which they are entitled, to use fur sealskins for product development and market promotion, to provide for the disposal or destruction of fur sealskins that have no value or use as luxury furs, to provide for the processing of fur sealskins, to provide for the sale of fur sealskins and the products of fur seals that are 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 the bill (Section 308(b)).

The title also directs the Secretary to pay each year to the North Pacific Fur Seal Commission any proceeds from sales of fur sealskins taken contrary to this bill or regulations or that are forfeited to the United States.

Title I authorizes Federal enforcement officers to board and search certain vessels of any of the parties to the Convention when there is reasonable cause to believe that a vessel is violating the provisions of Article III of 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.

It provides for the appointment of a United States Commissioner and Deputy Commissioner to the Commission and it authorizes the Secretary of State, with the concurrence of this Department, to accept or reject recommendations made by the Commission.

Many of the above provisions of title I of H.R. 9602 are a restatement of existing law.

Title II of the bill relates to the administration of the Pribilof Islands.

The Pribilof Islands situated in the Bering Sea approximately 300 miles off the Alaska coast are a special Government reservation set aside in 1869 for the protection of the Alaska fur seal herd and for other purposes. Under the provisions of the 1944 Fur Seal Act, the Secretary of the Interior, through the United States Fish and Wildlife Service, administers these islands primarily to conserve and manage the fur seal population and to provide for the welfare of the native inhabitants. There are approximately 650 Aleuts residing on the islands of Saint Paul and Saint George. Most of these natives are descendants of Aleutian Islands natives transported to the Pribilof Islands by the Russians during the period of Russian ownership of Alaska to exploit the fur seal herd which inhabits the rookeries of the islands.

Since the Act of July 1, 1870 (16 Stat. 181), the United States has long recognized an obligation to provide for these native inhabitants. This obligation is recognized and continued in the present Fur Seal Act. Section 7 of the Act provides that in harvesting the fur seals and curing the skins the Secretary shall employ the native inhabitants at a fair rate of compensation to be fixed by the Secretary. In addition, section 8 of the Act provides:

"The Secretary shall have the authority to establish and maintain depots for provisions and supplies on the Pribilof Islands and to provide for the transportation of such provisions and supplies from the mainland of the United States to the islands by the charter of private vessels or by the use of public vessels of the United States which may be under his control or which may be placed at his diposal by the President; and he likewise shall have authority to furnish food, shelter, fuel, clothing, and other necessities of life to the native inhabitants of the Pribilof Islands and to provide for their comfort, maintenance, education, and protection."

This authorization is not based on any treaty.

In carrying out this obligation, we have constructed and now maintain schools, homes, public buildings, stores and shops, recreational facilities, water, sewer and electric facilities, and a hospital. Education, medical and dental services, and welfare assistance are also provided. In short, the Pribilof Islands Reservation has been administered as an economically self-contained community under the supervision of the Secretary of the Interior.

In addition to providing for the native inhabitants of these islands, section 6 of the Fur Seal Act provides:

"The Pribilof Islands, including the islands of Saint Paul and Saint George, Walrus and Otter Islands, and Sea Lion Rock, in Alaska are declared a special reservation for Government purposes. It shall be unlawful for any person other than natives of the said islands and officers and employees of the Fish and Wildlife Service to land or remain on any of those islands, except through stress of weather or like unavoidable cause or by the authority of the Secretary,

Under this section this Department has occasion to furnish supplies, fuel, lodging, and other services to contractors and other persons, including tourists.

H.R. 9602 in part restates this authority. It also expands this authority in order to facilitate the Department's administration and to foster municipal selfgovernment by the native community.

Section 201 of the bill provides that the islands will coninue to be a special reservation primarily for the conservation of fur seals and wildlife.

Section 202 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 found in the 1944 Act.

Section 203 authorizes the Department to provide certain services to the natives of the islands 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. Similar authority is now found in the 1944 Act.

Section 205 of the bill authorizes the Secretary of the Interior to enter into agreements with other Federal agencies for the purpose of giving to such agencies the responsibility of providing medical and dental care to the natives of the Pribilof Islands. The appropriate agency in this case would be the Public Health Service. We believe it would be better to specifically provide in the bill that all medical and dental care be furnished by the Surgeon General of the Public Health Service. The administration of the medical and dental program will continue to be financed under this bill from the Pribilof Islands fund. We, therefore, recommend that section 205 of the bill be amended to read as follows:

"SEC. 205. The Surgeon General of the Public Health Service shall provide medical and dental care to the natives of the Pribilof Islands, with or without reimbursement, as provided by other law. He is authorized to provide such care to Federal employees and their dependents and tourists and other persons in the Pribilof Islands at reasonable rates to be determined by him; and for such purpose he may purchase, lease, construct, operate, and maintain such facilitries, supplies, and equipment as he deems necessary. Nothing in this Act shall be construed as superseding or limiting the authority and responsibility of the Surgeon General of the Public Health Service under the Act of August 5, 1954 (42 U.S.C. 2001 et seq.), as amended, or any other law with respect to medical and dental care of natives or other persons in the Pribilof Islands."

Section 204 authorizes the Secretary of the Interior to enter into an agreement with the State of Alaska pursuant to which the State will assume the 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, once the State assumes this function.

We recommend the following amendments to section 204 of the bill:

1. On page 10, line 4, change the comma to a period and on line 5, delete "including the costs thereof”.

The education function, even though assumed by the State under agreement, will continue to be financed from the "Pribilof Islands fund".

2. Delete subsections (c) and (d) of section 204.

Both of these sections are unnecessary. Obviously, one of the terms of the agreement will be to let the State use whatever facilities, etc., the Department has on the islands for education and other purposes covered by the agreement. In addition, the agreement itself can specify when the State will assume these fune tions. But, if the State should subsequently be unable to continue these services during the term of the agreement or at its termination-it may be necessary for the Secretary to again assume responsibility. In those circumstances, he should still have authority to do so.

The primary objective of section 206 of the bill is to foster self-sufficiency among the native inhabitants of the Pribilof Islands. In our view, the natives of

the Pribilof Islands should assume gradually increasing responsibility for the development and management of their community on a basis more nearly comparable to other native communities in Alaska. This section of the bill will aid the natives in assuming that responsibility.

This section authorizes the Secretary to set apart some land on St. Paul Island to establish a townsite. No similar provision is found in the bill for establishing a townsite at St. George. While a number of natives reside on St. George, it has been the policy of the Department to encourage them voluntarily to move to St. Paul. This move cannot be accomplished quickly. It will be furthered, however, by the development of a townsite at St. Paul and the establishment of a normal self-governing community.

The Secretary must then survey the townsite and issue a patent to a trustee appointed by him. We believe that the issuance of the patent to the trustee should be delayed until such time as the Secretary is satisfied that a viable self-governing community is estabilshed or about to be established which is capable, financially and otherwise, to provide adequate municipal services to persons inhabiting St. Paul. We believe that the objectives of section 206 cannot be accomplished unless the natives have an established government in the form of a municipal corporation at the time the trustee conveys these tracts to them. We, therefore, recommend that the second sentence in section 206 (a) be amended to read as follows:

"The Secretary shall survey the townsite into lots, blocks, streets, and alleys and he may issue a patent therefor to a trustee appointed by him, when he is satisfied that a viable self-governing community which is capable, financially and otherwise, to provide adequate municipal services to persons inhabiting these islands is established or will be established prior to the conveyance by the trustee of title to any property to the natives of the Pribilof Islands."

The trustee then can convey to individual natives of all the islands title to improved or unimproved surveyed lots or tracts of land within the townsite. These properties can be used for any purpose which is consistent with the purpose for which the islands are primarily administered. The Secretary determines 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.

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 Secretary 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, the bill provides that the conveyed land "shall not be subject to levy and sale in satisfaction of the debts, contracts, or liabilities of the purchaser". This limitation is desirable. We believe, however, that an exception must be made to allow the purchaser to obtain financing for home or business loan purposes. We, therefore, recommend that after the words "native shall not" on page 12, line 11, there be inserted a comma and the following: "except as provided in the Act of March 29, 1956 (70 Stat. 62; 25 U.S.C. 483a),".

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. Section 206 (c) provides that the net proceeds collected from the sale of these lands are placed in a fund in the Treasury to be used by the Scretary to administer the islands. This provision, relative to administration by the Secretary, will be unnecessary in view of our earlier change requiring the existence of a selfgoverning community before any lands are conveyed to the natives. The proceeds, along with other available funds, such as tax revenues, should be available to that community to enable them to provide needed services. We, therefore, recommend that section 206 (c) be amended to read as follows:

"(c) The net proceeds from the sale, pursuant to this section of improved or unimproved lots or tracts 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."

Two other amendments are also necessary in view of the above changes in this section. They are as follows:

1. On page 12, amend lines 13 through 17 to read as follows: "claims of adverse possession or to claims or prescription, except that such lot or tract shall be subject to taxation and to levy and sale in satisfaction thereof under the laws of the State of Alaska."

2. On page 13, line 14, delete "at the time of" and insert "five years after". Subsection (d) of section 206 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 five 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 Secretary to convey to the incorporated municipality all surveyed streets and alleys of the townsite. We are suggesting an amendment which substitutes the trustee for the Secretary to be consistent with subsection (a). 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.

We believe that the trustee lacks authority to survey and establish streets over conveyed land once the deed is issued, unless a reservation is in the deed. We, therefore, recommend that subsection (e) be amended to read as follows:

"(e) The trustee shall convey to the municipality at the time of incorporation all surveyed streets and alleys of the townsite. All deeds issued by the trustee shall contain a reservation to the trustee of rights-of-way for streets and alleys to be surveyed and established upon and across land conveyed to the natives of the Pribilof Islands whenever he determines that it would be in the interest of the native owner to establish such streets and alleys. Such reservation shall be for a term not to exceed ten years."

In order to protect whatever rights the natives or other persons may have in the property to be conveyed pursuant to this section, we recommend that a new subsection "(f)" be added at the end thereof to read as follows:

"(f) The provisions of this section shall not affect any valid existing rights.” Section 207 of the bill establishes penalties for violating regulations of the Secretary.

Section 208 defines the term "Pribilof Islands". Since this term is also used in title I of the bill, we recommend that section "208" be deleted and renumber section "209" as section "208". In addition, there should be added to section 306 a new subsection "(d)" to read as follows:

"(d) The term 'Pribilof Islands' as used in this Act means the islands of St. Paul and St. George, Walrus and Otter Islands, and Sea Lion Rock."

Section 209 of H.R. 9602 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. Available records leave a great deal to be desired in terms of establishing service credit in a conventional manner. It appears, however, that those individuals who were in an "employment status" can be identified for each year back to 1919. Although records of actual time worked prior to 1950 do not exist, valid assumptions, based on practices followed then, can be made from records which do exist.

It was the policy of the Bureau of Commercial Fisheries prior to 1950 to provide substantially full-time year-around employment to all able-bodied male residents. Approximately six months of each year involved employment prepar