
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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

    The park shall consist of three units as generally depicted on the 
following maps entitled ``Boundary Map, National Park of American 
Samoa'': (1) map number NP-AS 80,000A, dated August 1988, (2) map number 
NP-AS 80,000B, dated August 1988, and (3) 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.

(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.)
