§ 410qq-2. — Administration.
[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-2]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LIX-O--NATIONAL PARK OF AMERICAN SAMOA
Sec. 410qq-2. Administration
(a) In general
The Secretary shall administer the park in accordance with this
subchapter and with the provisions of law generally applicable to units
of the National Park System, including the sections 1, 2, 3, and 4 of
this title. In the administration of the park, the Secretary may utilize
such statutory authority available to him for the conservation of
wildlife and natural and cultural resources as he deems necessary to
carry out the purposes of this subchapter, except that he may not
acquire any lands or waters or interests therein for purposes of the
park other than by lease.
(b) Traditional subsistence uses
(1) Agricultural, cultural, and gathering uses shall be permitted in
the park for subsistence purposes if such uses are generally prior
existing uses conducted in areas used for such purposes as of October
31, 1988, and if such uses are conducted in the traditional manner and
by traditional methods. No such uses shall be permitted in the park for
other than subsistence purposes.
(2) Subsistence uses of the marine areas of the park shall also be
permitted in accordance with paragraph (1), and no fishing or gathering
shall be permitted in such marine areas for other than subsistence
purposes.
(c) Interpretive facilities, etc.
Interpretative activities and interpretative facilities for the park
(including maps) shall be in at least the following languages: English
and Samoan.
(d) Employees and contracts
In addition to the Secretary's authority to employ persons to carry
out provisions of this subchapter in accordance with the civil service
laws, and notwithstanding any other provision of law, the Secretary is
authorized to--
(1) hire employees for such purposes who shall not be subject to
the civil service laws, including quotas, and
(2) enter into contracts with individuals for purposes of
exercising any authority of the Secretary within the park.
(e) Native American Samoan personnel
The Secretary shall establish a program to train native American
Samoan personnel to function as professional park service employees, to
provide services to visitors (including the interpretation of park
resources), and operate and maintain park facilities. Notwithstanding
any other provision of law, and to the extent practicable the Secretary
shall extend a preference for the hiring of native American Samoans to
carry out the Secretary's authorities under this subchapter (including
both employees and persons operating under contract).
(f) Management plan
The Secretary, in cooperation with the Governor of American Samoa,
shall prepare a general management plan for the park. The plan shall
comply with section 1a-7(b) of this title and shall contain specific
measures for the protection and preservation of tropical forest
resources and archaeological and cultural resources within the park,
including, but not limited to, protection of flying foxes and measures
to enhance visitation to the park from throughout the world, to the
extent consistent with the protection and preservation of such
resources.
(g) Advisory Board
(1) The Secretary shall establish an Advisory Board to provide
advice to the Secretary regarding the management of the park. The
Advisory Board shall be comprised of 5 members, 3 of whom shall be
nominated by the Governor of American Samoa. The Advisory Board shall
designate one of its members as Chairman.
(2) The Advisory Board shall meet on a regular basis. Notice of
meetings and agenda shall be announced in advance and meetings shall be
held at locations and in such a manner as to insure adequate public
involvement.
(3) Members of the Advisory Board shall serve without compensation
as such, but the Secretary may pay expenses reasonably incurred in
carrying out their responsibilities under this subchapter on vouchers
signed by the Chairman.
(4) The provisions of section 14(b) of the Federal Advisory
Committee Act (Act of October 6, 1972; 86 Stat. 776), are hereby waived
with respect to this Advisory Board.
(h) Review
At least every 10 years, the Secretary and the Governor, or their
designees, shall review the operation and management of the park. Such
review shall include, but need not be limited to, consideration of how
the objectives of the park can better be achieved, the need for
additional technical or other assistance, cooperative arrangements
between the Government of American Samoa and the National Park Service
in the interpretation and management of the park, and the desirability
of extension of the lease arrangement.
(i) Technical assistance
The Secretary, in providing technical or other assistance to the
Government of American Samoa may use any authority otherwise provided to
him, including requesting assistance from other Federal agencies.
(Pub. L. 100-571, Sec. 3, Oct. 31, 1988, 102 Stat. 2881.)
References in Text
The civil service laws, referred to in subsec. (d), are set forth in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
Section 14(b) of the Federal Advisory Committee Act, referred to in
subsec. (g)(4), is section 14(b) of Pub. L. 92-463, which is set out in
the Appendix to Title 5.
Termination of Advisory Boards
Advisory boards established after Jan. 5, 1973, to terminate not
later than the expiration of the 2-year period beginning on the date of
their establishment, unless, in the case of a board established by the
President or an officer of the Federal Government, such board is renewed
by appropriate action prior to the expiration of such 2-year period, or
in the case of a board established by the Congress, its duration is
otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92-
463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title
5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in section 410qq-1 of this title.
