---
kind: "section"
citation: "16 U.S.C. § 410qq–1"
title: "16"
title_heading: "Conservation"
number: "410qq–1"
heading: "Establishment"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/410qq-1"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LIX–O — National Park of American Samoa"
---

# §410qq–1. Establishment

- (a) **In general—** In order to carry out the purposes expressed in [section 410qq(b) of this title](/usc/16/410qq.md?p=b), the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior (hereinafter in this subchapter referred to as the “[Secretary](/usc/16/410r–5.md?p=c-1)”) shall establish the National [Park](/usc/16/410r–5.md?p=c-3) of American Samoa (hereinafter in this subchapter referred to as the “[park](/usc/16/410r–5.md?p=c-3)”). The [Secretary](/usc/16/410r–5.md?p=c-1) shall establish the [park](/usc/16/410r–5.md?p=c-3) only when the Governor of American Samoa has entered into a lease with the [Secretary](/usc/16/410r–5.md?p=c-1) under which the [Secretary](/usc/16/410r–5.md?p=c-1) will lease for a period of 50 years the lands and waters generally referred to in [subsection (b)](#b) for use solely for purposes of the [park](/usc/16/410r–5.md?p=c-3). Immediately after October 31, 1988, the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/539m–1.md?p=1-A) as a [unit](/usc/16/430f–7.md?p=4) of the National [Park](/usc/16/410r–5.md?p=c-3) System. At such time as the lease may terminate the Government of American Samoa is urged to provide assurances to the [Secretary](/usc/16/410r–5.md?p=c-1) that the lands and waters generally referred to in [subsection (b)](#b) will be protected and preserved to the same standards as are applicable to national [parks](/usc/16/410r–5.md?p=c-3).
- (b) **Area included—**
  - (1) The [park](/usc/16/410r–5.md?p=c-3) shall consist of three [units](/usc/16/430f–7.md?p=4) as generally depicted on the following [maps](/usc/16/430f–7.md?p=1) entitled “Boundary [Map](/usc/16/430f–7.md?p=1), National [Park](/usc/16/410r–5.md?p=c-3) of American Samoa”: (A) [map](/usc/16/430f–7.md?p=1) number NP–AS 80,000A, dated August 1988, (B) [map](/usc/16/430f–7.md?p=1) number NP–AS 80,000B, dated August 1988, and (C) [map](/usc/16/430f–7.md?p=1) number NP–AS 80,000C, dated August 1988. Before publication of the [maps](/usc/16/430f–7.md?p=1), the [Secretary](/usc/16/410r–5.md?p=c-1), after consultation with the Governor of American Samoa and other appropriate leaders, may adjust the boundaries of the [park](/usc/16/410r–5.md?p=c-3) to correspond with the appropriate village boundaries and modify the [maps](/usc/16/430f–7.md?p=1) accordingly. The [maps](/usc/16/430f–7.md?p=1) shall be on file and available for public inspection in the offices of the National [Park](/usc/16/410r–5.md?p=c-3) Service, Department of the Interior. The [Secretary](/usc/16/410r–5.md?p=c-1) may at any time make revisions of the boundary of the [park](/usc/16/410r–5.md?p=c-3) in accordance with [section 100506(c) of title 54](/usc/54/100506.md?p=c), pursuant to agreement with the Governor of American Samoa, and contingent upon the lease to the [Secretary](/usc/16/410r–5.md?p=c-1) of lands within the new boundaries.
  - (2) The [Secretary](/usc/16/410r–5.md?p=c-1) may make adjustments to the boundary of the [park](/usc/16/410r–5.md?p=c-3) to include within the [park](/usc/16/410r–5.md?p=c-3) certain portions of the islands of Ofu and Olosega, as depicted on the [map](/usc/16/430f–7.md?p=1) entitled “National [Park](/usc/16/410r–5.md?p=c-3) 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](/usc/16/410r–5.md?p=c-1) of the newly added lands. As soon as practicable after a boundary adjustment under this paragraph, the [Secretary](/usc/16/410r–5.md?p=c-1) shall modify the [maps](/usc/16/430f–7.md?p=1) referred to in [paragraph (1)](#b-1) accordingly.
- (c) **Management by American Samoa—** Notwithstanding [section 410qq–2(a) of this title](/usc/16/410qq–2.md?p=a), after 50 years after October 31, 1988, the [Secretary](/usc/16/410r–5.md?p=c-1) shall, if requested by the Governor of American Samoa, enter into an extension of the lease referred to in [subsection (a)](#a). If the Governor does not request such an extension the [Secretary](/usc/16/410r–5.md?p=c-1) shall transfer to the Governor the sole authority to administer the [park](/usc/16/410r–5.md?p=c-3). Whenever the [Secretary](/usc/16/410r–5.md?p=c-1) makes such a transfer he shall also transfer any improvements constructed by the [Secretary](/usc/16/410r–5.md?p=c-1) in the [park](/usc/16/410r–5.md?p=c-3) to the Governor without compensation.
- (d) **Compensation under lease agreement—**
  - (1) Notwithstanding any other provision of law, the [Secretary](/usc/16/410r–5.md?p=c-1) 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)](#a). The [Secretary](/usc/16/410r–5.md?p=c-1) shall make such payments as may be mutually agreed to by the [Secretary](/usc/16/410r–5.md?p=c-1) and the Governor pursuant to such negotiations.
  - (2) The [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-3). The High Court of American Samoa shall have exclusive jurisdiction to determine the amount to be disbursed under this section to any [person](/usc/16/450rr–1.md?p=b).
  - (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](/usc/16/410r–5.md?p=c-1) shall establish the escrow account referred to in [paragraph (2)](#d-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](/usc/16/410r–5.md?p=c-1) for operation and maintenance and for development of the [park](/usc/16/410r–5.md?p=c-3).

## Footnotes

[^1]: So in original. Probably should be “exceed”.

## Source credit

(Pub. L. 100–571, § 2, Oct. 31, 1988, 102 Stat. 2879; Pub. L. 107–336, § 1, Dec. 16, 2002, 116 Stat. 2882.)

## Notes

### 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).