Collapse to view only § 410qq-1. Establishment
- § 410qq. Findings and purpose
- § 410qq-1. Establishment
- § 410qq-2. Administration
- § 410qq-3. “Native American Samoan” defined
- § 410qq-4. Authorization of appropriations
§ 410qq. Findings and purpose
(a) Findings
The Congress finds that:
(1) Tropical forests are declining worldwide.
(2) Tropical forests contain 50 percent of the world’s plant and animal species, contribute significantly to the advancement of science, medicine, and agriculture and produce much of the earth’s oxygen. The loss of these forests leads to the extinction of species, lessening the world’s biological diversity, reduces the potential for new medicines and crops and increases carbon dioxide levels in the atomosphere 1
1 So in original. Probably should be “atmosphere”.
contributing to the greenhouse effect that is altering the global climate.(3) The tropical forest of American Samoa is one of the last remaining undisturbed paleotropical forests.
(4) The tropical forest in American Samoa is the largest such forest under direct control of the United States.
(5) The tropical forest of American Samoa contains the habitat of one of the last remaining populations of Pacific flying foxes.
(6) The flying foxes of American Samoa are responsible for a large part of the pollination which maintains a significant portion of the species which inhabit the Samoan tropical forest.
(7) Information presently available indicates the existence of extensive archaeological evidence related to the development of the Samoan culture which needs to be examined and protected.
(8) The people of American Samoa have expressed a desire to have a portion of the tropical forest protected as a unit of the National Park System.
(b) Purpose
(Pub. L. 100–571, § 1, Oct. 31, 1988, 102 Stat. 2879.)
§ 410qq–1. Establishment
(a) In general
(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 100506(c) of title 54, 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
(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). 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
1 So in original. Probably should be “exceed”.
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.(Pub. L. 100–571, § 2, Oct. 31, 1988, 102 Stat. 2879; Pub. L. 107–336, § 1, Dec. 16, 2002, 116 Stat. 2882.)
§ 410qq–2. Administration
(a) In general
(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.
(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
(f) Management plan
(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 1013(b) of title 5 are hereby waived with respect to this Advisory Board.
(h) Review
(i) Technical assistance
(Pub. L. 100–571, § 3, Oct. 31, 1988, 102 Stat. 2881; Pub. L. 117–286, § 4(a)(81), Dec. 27, 2022, 136 Stat. 4314.)
§ 410qq–3. “Native American Samoan” defined
For purposes of this subchapter the term “native American Samoan” means a person who is a citizen or national of the United States and who is a lineal descendant of an inhabitant of the Samoan Islands on April 18, 1900. For purposes of this subchapter, Swains Island shall be considered part of the Samoan Islands.
(Pub. L. 100–571, § 4, Oct. 31, 1988, 102 Stat. 2882.)
§ 410qq–4. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
(Pub. L. 100–571, § 5, Oct. 31, 1988, 102 Stat. 2883.)