the person authorized to enforce the provisions of this chapter to attend the trial as a witness 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. (Pub. L. 89-702, title I, § 105, Nov. 2, 1966, 80 Stat. 1092.)

§1156. North Pacific Fur Seal Commission; appointment of Commissioner and Deputy Commissioner; duties, compensation, and travel expenses.

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 the 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 when engaged in the performance of their duties. (Pub. L. 89-702, title I, § 106, Nov. 2, 1966, 80 Stat. 1092.)

REFERENCES IN TEXT

Section 5 of the Administrative Expense Act of 1946, referred to in the text, is now covered by sections 5703 and 5707 of Title 5, Government Organization and Employees.

§1157. Same; acceptance or rejection by Secretaries of State and Interior of recommendations.

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 Convention. (Pub. L. 89-702, title I,

§ 107, Nov. 2, 1966, 80 Stat. 1093.)

§ 1158. Same; Federal agency consultations with and technical assistance to Secretary of Interior or Commission; reimbursement for assistance. 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 subchapter. Any Federal agency furnishing assistance hereunder may expend its own funds for such purposes, with or without reimbursement. 89-702, titlẹ I, § 108, Nov. 2, 1966, 80 Stat. 1093.) §1159. Definitions.

As used in this subchapter the term

(Pub. L.

(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.

(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. (Pub. L. 89702, title I, § 109, Nov. 2, 1966, 80 Stat. 1093.) SUBCHAPTER II.-ADMINISTRATION OF THE PRIBILOF ISLANDS

§ 1161. Special reservation; purposes.

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. (Pub. L. 89702, title II, § 201, Nov. 2, 1966, 80 Stat. 1093.)

§ 1162. Contracts, agreements, leases, or permits for use of Government-owned property for specified purposes.

The Secretary, in carrying out the provisions of this subchapter, is authorized to enter into contracts or agreements or leases with, or to issue permits 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. (Pub. L. 89-702, title II, § 202, Nov. 2, 1966, 80 Stat. 1093.)

§ 1163. Facilities, services, supplies, and equipment for natives, Federal employees and their dependents, tourists, and other persons and for carrying out this section; credit of proceeds to appropriation current at time of receipt.

(a) In carrying out the provisions of this subchapter, 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, and education,

(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, and education,

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

(4) 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. (Pub. L. 89-702, title II, § 203, Nov. 2, 1966, 80 Stat. 1093.)

§ 1164. Agreements for education of natives in manner of education of citizens and for furnishing food, shelter, transportation, and other facilities, services, and equipment to natives.

(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. 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, 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 facilites therefor. (Pub. L. 89-702, title II, § 204, Nov. 2, 1966, 80 Stat: 1094.) § 1165. Medical and dental care for natives, Federal employees and their dependents, tourists, and other persons; facilities, services, and equipment for carrying out this section; costs chargeable to budget of Secretary of Health, Education, and Welfare; authority and responsibility of Secretary under other laws unaffected.

The Secretary of Health, Education, and Welfare 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. He may purchase, lease, construct, operate, and maintain such facilities, supplies, and equipment as he deems necessary to carry out the provisions of this section and the costs of such items, including medical and dental care, shall be charged to the budget of the Secretary of Health, Education, and Welfare. Nothing in this chapter shall be construed as superseding or limiting the authority and responsibility of the Secretary of Health, Education, and Welfare under the Act of August 5, 1954, as amended, or any other law with respect to medical and dental care of natives or other persons in the Pribilof Islands. (Pub. L. 89-702, title II, § 205, Nov. 2, 1966, 80 Stat. 1094.)

REFERENCES IN TEXT

The Act of August 5, 1954, as amended, referred to in the text, is classified to section 2001 et seq. of Title 42. The Public Health and Welfare.

§ 1166. St. Paul Island townsite.

(a) Declaration of purposes; survey; patent to trustee; conveyance by trustee for homesite, commercial, or other purposes; uses of lots or tracts;

restriction against alienation without Secretary's approval; exemptions: levy and sale for debts and claims of adverse possession or prescription; taxation and levy and sale under Alaska State law. 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 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 of providing adequate municipal services 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 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 for a period of twenty years from the date of conveyance except upon approval of the Secretary. Any deed issued after twenty years from the date of conveyance shall not require approval of the Secretary. Any lot or tract conveyed by the trustee to said natives shall not. except as provided in section 483a of Title 25, 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 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. (b) Purchase price; factors considered; terms and conditions for payment.

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) Sale proceeds; availability for municipal services. 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. In addition, at the close of the first fiscal year in which there is established a municipal corporation

as provided in this section, the Secretary of the Interior shall certify to the Secretary of the Treasury for payment from the gross receipts of the Pribilof Islands fund, after deducting from such fund all costs to the United States in carrying out the provisions of this chapter, the sum of $50,000 to such community to assist it in providing adequate municipal services, and, at the close of each succeeding four fiscal years, he shall pay from such fund the sums of $40,000, $30,000, $20,000, and $10,000, respectively.

(d) Conveyance of unsold lands; terms and conditions. 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) of this section, and which is unsold five years after 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 subchapter.

(e) Conveyance of surveyed streets and alleys; reservation of rights-of-way for surveying and establishment of streets and alleys; term of reservation; conveyance of lands outside townsite boundaries: conditions.

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 addition the Secretary may convey without reimbursement to the municipality such lands or interests therein outside the townsite boundaries for any purpose subject to such conditions as the Secretary deems desirable to carry out the purposes of this chapter.

(f) Valid existing rights unaffected.

The provisions of this section shall not affect any valid existing rights. (Pub. L. 89-702, title II, § 206, Nov. 2, 1966, 80 Stat. 1094.)

§ 1167. Penalties for violations.

Any person who violates or fails to comply with any regulation issued by the Secretary of the Interior under this subchapter 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. (Pub. L. 89-702, title II, § 207, Nov. 2, 1966, 80 Stat. 1095.)

§1168. Civil service retirement benefits.

(a) Credit of services performed by natives.

Service by natives of the Pribilof Islands engaged in the taking and curing of fur seal skins 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, as civilian service performed by an employee, as defined in said Act.

(b) Adjustment of annuities.

The annuity of any person or the annuity of the survivor of any person who shall have performed service described in subsection (a) of this section, and who prior to November 2, 1966, died or shall have been retired on annuity payable from the civil service retirement and disability fund, shall, upon application filed by the annuitant within one year after November 2, 1966, be adjusted, effective as of the first day of the month immediately following November 2, 1966, so that the amount of the annuity will be the same as if such subsection had been in effect at the time of such person's retirement or death.

(c) Nonentitlement to lump-sum benefits.

In no case shall credit for the service described in subsection (a) of this section entitle a person to the benefits of section 11(h) of the Civil Service Retirement Act.

(d) Payment from civil service retirement and disability fund; reimbursement of such fund from Pribilof Islands fund; reimbursement as cost of administration of fur seal program.

Notwithstanding any other provision of this chapter 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 subject to reimbursement to such fund from the gross receipts of the Pribilof Islands fund, established in section 1187 of this title, for the purpose of compensating said retirement fund for the cost, as determined by the Civil Service Commission during each fiscal year, of benefits provided by this section. This reimbursement to the civil service retirement fund shall be considered a cost of administering the fur seal program. (Pub. L. 89-702, title II, § 208 (a), (b), (d), (e), Nov. 2, 1966, 80 Stat. 1096.)

REFERENCES IN TEXT

The Civil Service Retirement Act, as amended, referred to in subsec (a), is classified to section 8301 et seq. of Title 5, Government Organization and Employees.

Section 11(h) of the Civil Service Retirement Act, referred to in subsec. (c), is classified to section 8342 of Title 5.

CODIFICATION

Section is comprised of subsecs. (a), (b), (d), and (e) of section 208 of Pub. L. 89-702. Section 208 (c) of Pub. L. 89-702 amended section 4(g) of the Civil Service Retirement Act, now covered by section 8334 (g) of Title 5, Government Organization Employees.

SUBCHAPTER III.-PROTECTION OF SEA OTTERS ON THE HIGH SEAS

§ 1171. Prohibitions; evidence.

(a) It is unlawful, except as provided in this chapter or by regulations issued by the Secretary of the Interior, for any person subject to the jurisdiction of the United States to take or engage in the taking of sea otters on the high seas beyond the territorial waters of the United States, or to possess, transport, sell, purchase, or offer to sell or purchase

sea otters or their parts taken on the high seas, or to destroy, abandon, or waste needlessly sea otters on the high seas.

(b) The possession of sea otters or any part thereof by any person contrary to the provisions of this chapter shall constitute prima facie evidence that the sea otter or part thereof was taken, purchased, sold, or transported in violation of the provisions of this chapter or the regulations issued thereunder. (Pub. L. 89-702, title III, § 301, Nov. 2, 1966, 80 Stat. 1096.)

§ 1172. Sale or other disposition of forfeited or seized sea otter skins and products; deposit of proceeds in Pribilof Islands fund in the Treasury. The Secretary is authorized, from time to time, to sell, pursuant to such terms and conditions as he deems desirable, or otherwise dispose of, sea otter skins and all the products derived from sea otters that are forfeited to, or seized by, the United States pursuant to this chapter, or that are taken by the Secretary on the high seas or within the Aleutian Islands National Wildlife Refuge. The proceeds of such sales shall be deposited in the Pribilof Islands fund in the Treasury. (Pub. L. 89-702, title III. § 302, Nov. 2, 1966, 80 Stat. 1097.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1182 of this title.

SUBCHAPTER IV.-GENERAL PROVISIONS

§ 1181. Enforcement provisions. (a) Seizures and forfeitures.

Every vessel subject to the jurisdiction of the United States that is employed in any manner in connection with a violation of the provision of this chapter, including its tackle, apparel, furniture, appurtenances, cargo, and stores shall be subject to forfeiture and all fur seals or sea otters, or parts thereof, taken or retained in violation of this chapter or the monetary value thereof shall be forfeited. (b) Application of related laws.

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 chapter, insofar as such provisions of law are applicable and not inconsistent with the provisions of this chapter. (Pub. L. 89-702, title IV, § 401, Nov. 2, 1966, 80 Stat. 1097.)

§ 1182. Additional enforcement provisions. (a) Joint responsibility; State officers and employees as Federal law enforcement agents; non-Federal employees for civil service purpose. Enforcement of the provisions of this chapter 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 In

terior may designate officers and employees of the States of the United States to enforce the provisions of this chapter which relate to persons or vessels subject to the jurisdiction of the United States. 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) Issuance of warrants or other process.

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 chapter and any regulations issued thereunder.

(c) Execution of warrants or other process by enforcement agents.

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 chapter.

(d) Arrests and searches by enforcement agents. 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 chapter 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 chapter or the regulations issued thereunder, to search such vessel and to arrest such person.

(e) Seizures of vessels, etc.

Such person so authorized may seize any vessel subject to the jurisdiction of the United States, together with its tackle, apparel, furniture, appurtenances, cargo, and stores, used or employed contrary to the provisions of this chapter or the regulations issued hereunder or which it reasonably appears has been used or employed contrary to the provisions of this chapter or the regulations issued hereunder. (f) Seizures and disposition of fur seals or sea otters.

Such person so authorized may seize, whenever and wherever lawfully found, all fur seals or sea otters taken or retained in violation of this chapter or the regulations issued thereunder. Any fur seals so seized or forfeited to the United States pursuant to this chapter shall be disposed of in accordance with the provisions of section 1154 of this title. Any sea otters so seized or forfeited to the United States pursuant to this chapter shall be disposed of in accordance with the provisions of section 1172 of this title. (Pub. L. 89-702, title IV, § 402, Nov. 2. 1966, 80 Stat. 1097.)

CHANGE OF NAME

References to United States commissioners to be deemed references to United States magistrates, see Pub. L. 90

578, title IV. § 402, Oct. 17, 1968, 82 Stat. 1118, which provided that, within each district, references in previously enacted statutes and previously promulgated rules and regulations to United States commissioners are to be deemed, within such district, references to United States magistrates duly appointed under section 631 of Title 28 as soon as the first United States magistrate assumes office within that district or on Oct. 17, 1971, whichever is earlier. See Applicable Law note under section 631 of Title 28, Judiciary and Judicial Procedure.

§ 1183. Regulations.

The Secretary of the Interior is authorized to issue regulations to carry out the provisions of this chapter. (Pub. L. 89-702, title IV, § 403, Nov. 2, 1966, 80 Stat. 1098.)

§ 1184. Penalties for violations.

Any person violating the provisions of subchapter I or III of this chapter or the regulations issued thereunder shall be fined not more than $2,000, or imprisoned not more than one year, or both. (Pub. L. 89-702, title IV, § 404, Nov. 2, 1966, 80 Stat. 1098.) § 1185. Contracts or agreements for research.

The Secretary of the Interior, in carrying out the provisions of this chapter, is authorized to enter into contracts or agreements for research with any person or public or private agency. (Pub. L. 89-702, title IV, § 405, Nov. 2, 1966, 80 Stat. 1098.)

§ 1186. Definitions.

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

(b) The terms "take" or "taking" or "taken" as used in this chapter means 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 chapter means any Indians, Aleuts, or Eskimos who permanently reside on said island.

(d) The term "Pribilof Islands" as used in this chapter means the islands of St. Paul and St. George, Walrus and Otter Islands, and Sea Lion Rock. (Pub. L. 89-702, title IV, § 406, Nov. 2, 1966, 80 Stat. 1098.)

§ 1187. Pribilof Islands fund; establishment; authorization of appropriations.

There is established a Pribilof Islands fund and there are authorized to be appropriated such sums as may be necessary from the fund and from other funds in the Treasury to carry out the provisions of this chapter and the provisions of section 6(e) of the Alaska Statehood Act which provides for the payment to the State of Alaska of certain specified proceeds deposited into said fund. (Pub. L. 89-702,

title IV, § 407, Nov. 2, 1966, 80 Stat. 1098.)

REFERENCES IN TEXT

Alaska Statehood Act, referred to in text, is Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out preceding section 21 of Title 48, Territories and Insular Possessions. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1168 of this title.

Sec.

931. Definitions. 932.

933.

934.

935.

936.

937.

938.

939.

Commissioners; appointment, number, and compensation.

Advisory Committee; appointment and number of members; factors in selection of members; membership on other committees; compensation; meetings.

Conflict of interests statutes inapplicable. Acquisition of real property; construction and operation of lamprey control works; entry into agreements for construction and operation of works.

Secretary of Interior; authority to transfer lamprey
control projects and act on behalf of United
States Section.

United States Section as agency of United States.
Notice of proposals.

Transmission of recommendations.

939a. Cooperation with other agencies.

939b. State laws and regulations.

939c. Appropriations.

§ 931. Definitions.

As used in this chapter, the term

(a) "Convention" means the Convention on Great Lakes Fisheries between the United States of America and Canada signed at Washington, September 10, 1954;

(b) "Commission" means the Great Lakes Fishery Commission provided for by article II of the convention;

(c) "United States Section" means the United States Commissioners on the Commission;

(d) "Great Lakes State" means any of the following States: Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, or Wisconsin;

(e) "Great Lakes" means any of the following bodies of water: Lake Ontario (including the Saint Lawrence River from Lake Ontario to the forty-fifth parallel of latitude), Lake Erie, Lake Huron (including Lake Saint Clair), Lake Michigan, or Lake Superior. (June 4, 1956, ch. 358, § 2, 70 Stat. 242.)

SHORT TITLE

Congress, in enacting this chapter, provided by section 1 of act June 4, 1956, that it should be popularly known as the "Great Lakes Fishery Act of 1956".

SEPARABILITY OF PROVISIONS

Section 14 of act June 4, 1956, provided that: "If any provision of this Act [this chapter] or the application of such provision to any circumstances or persons shall be held invalid, the validity of the remainder of the Act [this chapter] and the applicability of such provision to other circumstances or persons shall not be affected thereby".

§ 932. Commissioners; appointment, number, and compensation.

The United States shall be represented on the Commission by three Commissioners to be appointed