16 U.S.C. § 410qq–1 — Establishment

(a) In general To carry out the purposes stated in section 410qq(b), the Secretary of the Interior — called "the Secretary" in this subchapter — must establish the National Park of American Samoa, called "the park." The Secretary may establish the park only once the Governor of American Samoa signs a 50-year lease with the Secretary, letting the United States use the land and waters described in subsection (b) solely for park purposes. Immediately after October 31, 1988, the Secretary had to begin negotiating this lease with the Governor. As the lease nears its end, the Governor of American Samoa is encouraged to extend it so the area stays a unit of the National Park System. If the lease does end, the Government of American Samoa is urged to assure the Secretary that the land and waters will keep being protected and preserved to national park standards. (b) Area included (1) The park has three units, shown on maps titled "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 these maps are published, the Secretary — after consulting the Governor of American Samoa and other appropriate leaders — may adjust the park's boundaries to correspond with village boundaries and modify the maps accordingly. The maps must be available for public inspection at National Park Service offices. The Secretary may later revise the park's boundary under section 100506(c) of title 54, but only with the Governor's agreement, and only if the newly bounded land is leased to the Secretary. (2) The Secretary may also adjust the boundary to include parts of the islands of Ofu and Olosega, as shown on a map called "National Park of American Samoa, Proposed Boundary Adjustment," numbered 82,035 and dated February 2002 — again, only with the Governor's agreement and only if the newly added land is leased. After any such adjustment, the Secretary must modify the maps in paragraph (1) accordingly. (c) Management by American Samoa Notwithstanding section 410qq–2(a), once 50 years pass after October 31, 1988, the Secretary must, if the Governor of American Samoa requests it, enter into an extension of the lease from subsection (a). If the Governor does not request an extension, the Secretary must transfer to the Governor sole authority to administer the park, along with any improvements the Secretary built there — at no cost to American Samoa. (d) Compensation under lease agreement (1) No matter what other law says, the Secretary must negotiate with the Governor of American Samoa the amount the United States will pay under the 50-year lease, and must make whatever payments the Secretary and the Governor mutually agree to. (2) The Secretary must place all lease payments in an interest-bearing escrow account in American Samoa. Only the Governor may disburse money from that account, in amounts the High Court of American Samoa decides, to villages and families located within the park's boundaries. The High Court of American Samoa has sole authority to decide how much any person receives. (3) If the lease payment amount is not agreed on within 1 year after October 31, 1988, the Secretary must establish the escrow account within 30 days after that year ends, and must deposit $25,000 per month into it until the full lease payment value is finally agreed on and deposited. These deposits, plus interest, may only be used to cover lease payments once they are agreed on. If the account's balance, plus interest, exceeds the amount due once an agreement is reached, the excess — no matter what other law says — must be transferred to the accounts the Secretary uses for operating, maintaining, and developing the park.