§ 410qq-1. — Establishment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC410qq-1]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX-O--NATIONAL PARK OF AMERICAN SAMOA
Sec. 410qq-1. Establishment
(a) In general
In order to carry out the purposes expressed in section 410qq(b) of
this title, the Secretary of the Interior (hereinafter in this
subchapter referred to as the ``Secretary'') shall establish the
National Park of American Samoa (hereinafter in this subchapter referred
to as the ``park''). The Secretary shall establish the park only when
the Governor of American Samoa has entered into a lease with the
Secretary under which the Secretary will lease for a period of 50 years
the lands and waters generally referred to in subsection (b) of this
section for use solely for purposes of the park. Immediately after
October 31, 1988, the Secretary shall commence negotiations with the
Governor of American Samoa respecting such a lease agreement. On or
before the expiration of the lease agreement as set forth in this
subsection, the Governor of American Samoa is encouraged to extend the
lease to maintain the area as a unit of the National Park System. At
such time as the lease may terminate the Government of American Samoa is
urged to provide assurances to the Secretary that the lands and waters
generally referred to in subsection (b) of this section will be
protected and preserved to the same standards as are applicable to
national parks.
(b) Area included
(1) The park shall consist of three units as generally depicted on
the following maps entitled ``Boundary Map, National Park of American
Samoa'': (A) map number NP-AS 80,000A, dated August 1988, (B) map number
NP-AS 80,000B, dated August 1988, and (C) map number NP-AS 80,000C,
dated August 1988. Before publication of the maps, the Secretary, after
consultation with the Governor of American Samoa and other appropriate
leaders, may adjust the boundaries of the park to correspond with the
appropriate village boundaries and modify the maps accordingly. The maps
shall be on file and available for public inspection in the offices of
the National Park Service, Department of the Interior. The Secretary may
at any time make revisions of the boundary of the park in accordance
with section 460l-9(c) of this title, pursuant to agreement with the
Governor of American Samoa, and contingent upon the lease to the
Secretary of lands within the new boundaries.
(2) The Secretary may make adjustments to the boundary of the park
to include within the park certain portions of the islands of Ofu and
Olosega, as depicted on the map entitled ``National Park of American
Samoa, Proposed Boundary Adjustment'', numbered 82,035 and dated
February 2002, pursuant to an agreement with the Governor of American
Samoa and contingent upon the lease to the Secretary of the newly added
lands. As soon as practicable after a boundary adjustment under this
paragraph, the Secretary shall modify the maps referred to in paragraph
(1) accordingly.
(c) Management by American Samoa
Notwithstanding section 410qq-2(a) of this title, after 50 years
after October 31, 1988, the Secretary shall, if requested by the
Governor of American Samoa, enter into an extension of the lease
referred to in subsection (a) of this section. If the Governor does not
request such an extension the Secretary shall transfer to the Governor
the sole authority to administer the park. Whenever the Secretary makes
such a transfer he shall also transfer any improvements constructed by
the Secretary in the park to the Governor without compensation.
(d) Compensation under lease agreement
(1) Notwithstanding any other provision of law, the Secretary is
authorized and directed to negotiate with the Governor of American Samoa
the amount of the payments to be made by the United States under the 50-
year lease referred to in subsection (a) of this section. The Secretary
shall make such payments as may be mutually agreed to by the Secretary
and the Governor pursuant to such negotiations.
(2) The Secretary shall place all lease payments made by the United
States under the lease in an interest bearing escrow account in American
Samoa. Funds in such account may be disbursed only by the Governor, in
amounts determined by the High Court of American Samoa, to those
villages and families located within the boundaries of the park. The
High Court of American Samoa shall have exclusive jurisdiction to
determine the amount to be disbursed under this section to any person.
(3) If the amount of the lease payments to be made under the lease
is not agreed upon within 1 year after October 31, 1988, the Secretary
shall establish the escrow account referred to in paragraph (2) within
30 days after the expiration of such 1-year period and shall make
monthly payments of $25,000 per month into the account until such time
as the full value of the lease payments is agreed to and deposited. Such
deposits, together with the interest thereon, may be used only to cover
the amounts of the lease payments due and payable pursuant to an
agreement under this subsection. If the amounts deposited in such
account, together with interest thereon, exceeds \1\ the amount of the
lease payments due and payable at the time the agreement is entered
into, notwithstanding any other provision of law, the excess shall be
transferred to the accounts provided to the Secretary for operation and
maintenance and for development of the park.
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\1\ So in original. Probably should be ``exceed''.
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(Pub. L. 100-571, Sec. 2, Oct. 31, 1988, 102 Stat. 2879; Pub. L. 107-
336, Sec. 1, Dec. 16, 2002, 116 Stat. 2882.)
Amendments
2002--Subsec. (b). Pub. L. 107-336 designated existing provisions as
par. (1), substituted ``(A)'', ``(B)'', and ``(C)'' for ``(1)'',
``(2)'', and ``(3)'', respectively, and added par. (2).
