§410qq–2 — Title 16 Conservation | U.S. Code

Summary

The Secretary must run the park under this law and the rules that apply to national parks, including the National Park Service Act approved August 25, 1916 (16 U.S.C. 1–4). The Secretary can use needed powers to protect wildlife, natural, and cultural resources, but may not buy land or water for the park — only lease them. Farming, cultural activities, and gathering are allowed only for subsistence if they were generally happening in the same areas by October 31, 1988, and are done in traditional ways. The same rule applies in the park’s marine areas: fishing and gathering are only for subsistence. Park signs and visitor information must be at least in English and Samoan. The Secretary can hire staff outside normal civil service rules and can contract with individuals. A training program must be set up to prepare native American Samoans to be park employees, help visitors, and run facilities, and the Secretary should give hiring preference to native American Samoans when practical. The Secretary and the Governor of American Samoa must make a general management plan that follows section 100502 of title 54 and spells out protections for tropical forests, archaeological and cultural resources (including flying foxes) and ways to increase visitation without harming resources. A five-member Advisory Board must be created, with three members nominated by the Governor; the Board chooses a chair, meets regularly with public notice, members serve unpaid though reasonable expenses may be paid, and section 1013(b) of title 5 is waived for this Board. Every 10 years the Secretary and Governor must review park management and consider cooperation, needs, and whether to extend leases. The Secretary may use other federal authorities and ask other agencies for help.

Title 16, §410qq–2

Conservation — Source: USLM XML via OLRC

(a)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 Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4).11 See References in Text note below. 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)(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)Interpretative activities and interpretative facilities for the park (including maps) shall be in at least the following languages: English and Samoan.

(d)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)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)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 100502 of title 54 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)(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)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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Act entitled “An Act to establish a National Park Service, and for other purposes”, approved

August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4), referred to in subsec. (a), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted section 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and section 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. Codification In subsec. (f), “section 100502 of title 54” substituted for “section 12(b) of the Act of

August 18, 1970 (16 U.S.C. 1a–1 through 1a–7)” on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.

Amendments

2022—Subsec. (g)(4). Pub. L. 117–286 substituted “section 1013(b) of title 5” for “section 14(b) of the Federal Advisory Committee Act (Act of October 6, 1972; 86 Stat. 776),”.

Statutory Notes and Related Subsidiaries

Termination of Advisory BoardsAdvisory 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 section 1001(2) and 1013 of Title 5, Government Organization and Employees.

§410qq–2 Administration