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.

(e) 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 à 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.

(e) The term "natives of the Pribilof Islands" as used in this Act means any Indians, Alents, 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.

Ske. 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,

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

Chairman, Committee on Commerce,

U.S. Senate,

New Senate Office Building.

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."

The bill would provide for the protection and conservation of the North Pacific fur seals, the administration of the Pribilof Islands including the provision of medical care, dental and other services to the natives of the island and for the enforcement of the provisions of the bill as related to the protection and conservation of fur seals.

Since titles I and III of the bill relate primarily to activities of the Department of the Interior, we defer to the views of that Department. Title II which provides for the administration of the Pribilof Islands by the Secretary of the Interior is of particular interest to this Department. Among the various provisions of title II the Secretary is authorized to provide nonemergency medical and dental care, without reimbursement, to natives of the Pribilof Islands; nonemergency medical and dental care, at reasonable rates, to employees of the Department of the Interior and other Federal agencies and their dependents, tourists and other persons; and emergency medical services, without charge, to Federal employees and their dependents. The bill would also authorize the Secretary to transfer to another Federal agency the function of providing health care to the natives of the Pribilof Islands.

Public Law 83-568 (42 U.S.C. 2001 et seq.) transferred on July 1, 1955, the Indian health program, including health services to Alaskan natives, from the Department of the Interior to the Surgeon General of the Public Health Service. Under this authority the Public Health Service is already providing health services for the Pribilof Islands natives. Consequently, we urge that all provisions of the bill relating to the health services for natives be deleted. Instead, in order to make it clear that we are to continue providing these services, the bill might include a statement preserving the existing authority of the Public Health Service to provide such services. In addition, since our existing authority has been interpreted to include health services (both emergency and nonemergency) for nonnatives on a fee basis, the provisions relating to such services for such persons should be amended to vest responsibility therefor in the Surgeon General of the Public Health Service.

It is our understanding that, as is now the case, the costs of medical and dental care for natives of the Pribilof Islands will continue to be financed from the Pribilof Islands fund.

For your convenience we have enclosed several amendments to the bill which would carry out our suggestions.

We are advised by the Bureau of the Budget that there is no objection to the presentation of this report from the standpoint of the administration's program. Sincerely,

WILBUR J. COHEN,
Under Secretary.

HEW AMENDMENTS TO S. 2102

1. Delete section 205, p. 11, lines 8-14, and insert in lieu thereof: "SEC. 205. The Surgeon General of the Public Health Service shall provide medical and dental care to the natives of the Pribilof Islands as provided by other law. He is authorized to provide medical and dental care to Federal employees and their dependents and tourists and other persons on the Pribilof Islands at a reasonable rates to be determined by him; and, for such purpose, he may purchase, lease, construct, operate, and maintain such facilities, 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." 2. Page 9, lines 1 and 9, insert "and" after "transportation," and on lines 2 and 9-10, strike out "and nonemergency medical and dental care,".

3. Page 9, strike out lines 11-14 and on lines 15 and 18 redesignate paragraph (4) as paragraph (3) and paragraph (5) as paragraph (4).

4. Page 10, line 8, strike out "medical and dental care,”.

DEPARTMENT OF AGRICULTURE, Washington, D.C., February 18, 1966.

Hon. WARREN G. MAGNUSON,
Chairman, Committee on Commerce,

U.S. Senate.

DEAR MR. CHAIRMAN: This responds to your request on June 10, 1965, for a report 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.

This bill would provide for the taking and protection of North Pacific fur seals in accordance with the Interim Convention on the Conservation of North Pacific Fur Seals of February 9, 1957, as amended October 8, 1963, and the rules and regulations issued by the Secretary of the Interior. It also would provide for the administration and development of the Pribilof Islands as a special reservation for the purposes of conserving, managing, and protecting North Pacific fur seals and other wildlife by the Secretary of the Interior. The Secretary would be authorized to enter into agreements and contracts with the Governor of the State of Alaska and public or private agencies to carry out the provisions of the bill and develop the self-sufficiency of the natives of those islands.

The bill also would provide for administration and enforcement of the provisions of the bill and related laws and regulations, and for sharing the proceeds from sales of sealskins with the State of Alaska.

Since this bill does not affect the responsibilities of this Department, we have no recommendations concerning its enactment.

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

ORVILLE L. FREEMAN, Secretary.

U.S. DEPARTMENT OF THE INTERIOR,

Hon. WARREN G. MAGNUSON,

OFFICE OF THE SECRETARY, Washington, D.C., February 17, 1966.

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

DEAR SENATOR MAGNUSON: Your committee has requested our comments 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.

We recommend the enactment of S. 2102, 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.

S. 2102 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 coast 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 U.S. 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 (sec. 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 U.S. 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 S. 2102 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 Bearing 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 U.S. 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 St. Paul and St. 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 recog nized 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