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, Washington, D.C. DEAR SENATOR BARTLETT: Your letter of March 10 requests a statement clarifying the question raised by the Department of Justice, relative to the applicability of the Administrative Procedu Act in thase of regulations issued by the Secretary of the Interior pursuant to section 101 and renumbered section 403 of 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, as amended by the Department's recent report thereon. While it is true that section 4 of the Administrative Procedure Act (5 U.S.C. 1003) excepts from rulemaking foreign affairs functions of the United States, it is the general policy of this Department to follow the procedures of the APA in issuing regulations. We would expect to follow this policy in administering S. 2102. We would not, however, object to an amendment to renumber section 403 of the bill which would specifically make the APA applicable to such rulemaking. We suggest that there be inserted after the word "regulations" in page 17, line 20, the following "in accordance with the Administrative Procedure Act." During the recent hearing on S. 2102, we promised to furnish your committee with language in section 206 of the bill, as amended by the Department's report of February 17, 1966, to authorize the conveyance by the Secretary to the municipality of some areas for recreation and other public purposes that are not necessarily contiguous to the major portion of the townsite. In order to accomplish this objective, we suggest that subsection 206 (e), as amended by the Department's report (see p. 9 thereof), be amended by adding the following sentence at the end thereof: "The Secretary shall also convey without reimbursement to the municipality at the time of incorporation such lands or interests therein outside the townsite boundaries for recreation and other public purposes subject to such conditions as the Secretary deems desirable to carry out the purposes of this Act." It should be pointed out, that section 202 of the bill would also permit the Secretary to lease or issue permits to lands on the islands for recreational purposes. Your letter of March 10 indicates that Southwest Point would most likely be set aside as a recreation area. While we would probably agree, we believe it is premature now to designate that area in the legislation. You also requested hat specific language be included in the bill to include Marunich and Tsammana in the townsite. We believe that such language is unnecessary. The bill, with our amendments, gives the Secretary adequate authority to include whatever lands he deems necessary to provide an adequate townsite, including the areas referred to as Marunich and Tsammana. We also believe that it is undesirable to designate such areas in the bill, since circumstances may change. The flexibility provided in the bill in this regard is desirable. Sincerely yours, MAX N. EDWARDS, Assistant to the Secretary and Legislative Counsel. Mr. FOSTER. Another point raised by the community council was in regard to their interest to obtain copies of regulations written to implement the bill so they would have an opportunity to look at those, and not of course a veto over them but an opportunity to review those regulations. Would this be possible under the present bill? Mr. McKERNAN. It is contemplated, Mr. Chairman, and is standard procedure. We would most certainly consult with the people most affected. And State authorities as well. Senator BARTLETT. You would even have a meeting, a hearing, right at St. Paul? Mr. McKERNAN. We certainly could if there seemed to be great interest in it. Mr. FOSTER. There were some questions raised with respect to the civil service provisions of the bill, and this was not touched upon at least to any great length. I wonder if we could go back to that and discuss that. Mr. McKERNAN. Yes. Mr. Chairman, I believe there were 144 residents permanently employed on the Pribilof Islands in 1950. The interpretation by the Civil Service Commission has been that before 1950 these people in a sense were wards of the Government rather than employees. I would point out that the Bureau of the Budget has a comment in its Senator BARTLETT. Relating to section 209 (a), on page 14.1 Mr. McKERNAN. Yes. The Bureau of the Budget has a comment concerning this as set forth in the last sentence of the Department's report. The Bureau of the Budget indicates that it concurs with the suggestions contained in the reports being transmitted to the committee by the Department of State and the Civil Service Commission. Senator BARTLETT. What does the Civil Service Commission say? Mr. McKERNAN. I understand-I am not personally familiar with their report-but I understand that they take the same view they had before, that these people are not eligible for retirement benefits accrued before 1950. Senator BARTLETT. I want to say for the record, not to you, that I would hope, I would earnestly hope, that if the committee saw fit to maintain that section in the bill, that civil service, or the Bureau of the Budget, would interpose no serious objection. Because here you have a small group of people who were working for the Federal Government, who were, as some alleged, in those days virtually slaves, living in a state of servitude. Now an effort is made in 1966 to redress the wrongs of the past, to give these people better incomes. I would want to believe that my Government would not deny those who worked years ago, opportunity that all other Federal employees had. Do you have any idea of what the annual cost of this provision would be? Mr. McKERNAN. Mr. Chairman, I don't have that exact amount, but I could supply it for the record for you. The Department has not looked upon this as a particularly undesirable feature of the bill. Of course we have worked very closely with the Aleut people. One could expect us to be very sympathetic. On the other hand the Civil Service Commission did make this ruling before, and it apparently is still their point of view. Senator BARTLETT. Instead of asking you to inquire into this, Mr. McKernan and-we understand the administrative maze through which you might have to wander-I am going to request counsel, Mr. Foster, to discover from the Civil Service Commission what the annual cost would be of including those who worked on the islands in the fur seal industry prior to 1950. Mr. McKERNAN. We will be glad to supply any basic information that you require, Mr. Chairman. (Pursuant to the request made above, a letter dated April 28, 1966, was received from the Civil Service Commission :) CIVIL SERVICE COMMISSION, BUREAU OF RETIREMENT AND INSURANCE, Hon. WARREN G. MAGNUSON, DEAR MR. CHAIRMAN: This is in response to a recent telephone request, by Mr. Foster of your committee staff, for a cost estimate on section 209 of 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 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 sealskins and in other activities connected with administration of the islands, as determined by the Secretary of the Interior from records available to him. The Bureau of Commercial Fisheries, Department of the Interior, has furnished us data on 54 Pribilof Aleuts currently subject to the Civil Service Retirement Act with recorded service prior to January 1, 1950. Their average age is 45.5 years; average annual wage, $8,086; average service already credited (including pre-1950 military service), 16.7 years; and average other pre-1950 service, 6.2 years. Our most recent actuarial valuation of the Civil Service Retirement System (as of June 30, 1963) shows, for active employees, a present value benefit cost of 15.7 cents per $1 of salary per year of credited service at retirement. Additional service of 6.2 years for each of 54 employees with average salary of $8,086 would thus have a benefit cost of $425,000. The Retirement Act provides that the annuity otherwise payable shall be reduced by 10 percentum of an unpaid optional deposit with respect to credited civilian service after July 31, 1920, for which no retirement deductions have been made. This deposit is calculated, with interest, on the basic salary and deduction percentage in force when the service was performed. We understand that, for the employees here concerned, compensation prior to 1950 was primarily in kind rather than in cash, and we thus have no basis for estimating any reduction in the $425,000 cost because of this provision of the Retirement Act. Sincerely yours, ANDREW E. RUDDOCK, Director. Senator BARTLETT. Thank you. Thank you, gentlemen. Senator BARTLETT. Next we will have as a witness a gentleman who has been designated by the Alaskan constitution as the secretary of state. In other States I think he would be called the Lieutenant Governor, Huge Wade, who is here to present the State's position on this proposed legislation. Do you have copies of your statement, Mr. Wade? STATEMENT OF HON. HUGH J. WADE, SECRETARY OF THE STATE OF ALASKA, JUNEAU, ALASKA Mr. WADE. Yes; I have some copies. I would prefer to read it. It is not my statement, but the statement of the Governor. Senator BARTLETT. Governor Egan? Mr. WADE. Yes. Senator BARTLETT. If you have extra copies, we would like to follow them. Mr. WADE. I want to say that I think we should bear in mind that this statement was made before the State was aware of any of these suggested amendments that have just been presented to the committee. In many respects, at least in one respect, the statement will bear upon and have some effect upon the proposal of the amendment dealing with education. This is Governor Egan's statement. STATEMENT OF HON. WILLIAM A. EGAN, GOVERNOR OF ALASKA, Senator BARTLETT. I didn't hear that. Would you repeat that? Mr. WADE. First of all, I wish to go on record as congratulating you, Senator Bartlett, for recognizing the need to introduce S. 2102 62-646-66-11 |