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Title 16, ConservationRelease 119-73not60

§410qq–1 Establishment

Title 16 › Chapter 1— NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter LIX–O— NATIONAL PARK OF AMERICAN SAMOA › § 410qq–1

Last updated Apr 5, 2026|Official source

Summary

Creates the National Park of American Samoa but only after the Governor of American Samoa signs a 50-year lease with the Secretary of the Interior for the lands and waters described in the law. The park has three units shown on maps titled “Boundary Map, National Park of American Samoa” (map NP–AS 80,000A, NP–AS 80,000B, and NP–AS 80,000C, all dated August 1988). The Secretary can change boundaries with the Governor to match village lines, and can add parts of Ofu and Olosega shown on map 82,035 dated February 2002, but any change must come with a lease for the added land. The official maps will be kept on file and open to the public. After 50 years from October 31, 1988, the Secretary must extend the lease if the Governor asks. If the Governor does not ask, control of the park goes to the Governor and any park improvements built by the Secretary go to the Governor for no payment. The United States and the Governor will agree on lease payments. The Secretary must put U.S. lease payments into an interest-bearing escrow account in American Samoa. The Governor may spend that money only as the High Court of American Samoa decides, and only for villages and families inside the park. If payment terms were not agreed within 1 year after October 31, 1988, the Secretary must open the escrow within 30 days after that year and pay $25,000 per month into it until the full payment is agreed and deposited. Any extra money in the account beyond the agreed amount goes to park operation, maintenance, and development accounts.

Full Legal Text

Title 16, §410qq–1

Conservation, Source: USLM XML via OLRC

(a)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) 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) will be protected and preserved to the same standards as are applicable to national parks.
(b)(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)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). 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)(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 11 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (b)(1), “section 100506(c) of title 54” substituted for “section 7(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601–4 [sic] and following)” 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

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).

Reference

Citations & Metadata

Citation

16 U.S.C. § 410qq–1

Title 16, Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60