---
kind: "section"
citation: "16 U.S.C. § 410qq–2"
title: "16"
title_heading: "Conservation"
number: "410qq–2"
heading: "Administration"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/410qq-2"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LIX–O — National Park of American Samoa"
---

# §410qq–2. Administration

- (a) **In general—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall administer the [park](/usc/16/410r–5.md?p=c-3) in accordance with this subchapter and with the provisions of law generally applicable to [units](/usc/16/430f–7.md?p=4) of the National [Park](/usc/16/410r–5.md?p=c-3) System, including the Act entitled “An Act to establish a National [Park](/usc/16/410r–5.md?p=c-3) Service, and for other purposes”, approved August 25, 1916 (39 Stat. 535; [16 U.S.C. 1–4](https://uscode.house.gov/view.xhtml?req=(/us/usc/t16/s1–4))).[^1] In the administration of the [park](/usc/16/410r–5.md?p=c-3), the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/620e.md?p=1) any lands or waters or interests therein for purposes of the [park](/usc/16/410r–5.md?p=c-3) other than by lease.
- (b) **Traditional subsistence uses—**
  - (1) Agricultural, cultural, and gathering uses shall be permitted in the [park](/usc/16/410r–5.md?p=c-3) for subsistence purposes if such uses are generally prior [existing uses](/usc/16/539m–1.md?p=3) conducted in [areas](/usc/16/539m–1.md?p=1-A) 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](/usc/16/410r–5.md?p=c-3) for other than subsistence purposes.
  - (2) Subsistence uses of the marine [areas](/usc/16/539m–1.md?p=1-A) of the [park](/usc/16/410r–5.md?p=c-3) shall also be permitted in accordance with [paragraph (1)](#b-1), and no fishing or gathering shall be permitted in such marine [areas](/usc/16/539m–1.md?p=1-A) for other than subsistence purposes.
- (c) **Interpretive facilities, etc.** Interpretative activities and interpretative facilities for the [park](/usc/16/410r–5.md?p=c-3) (including [maps](/usc/16/430f–7.md?p=1)) shall be in at least the following languages: English and Samoan.
- (d) **Employees and contracts—** In [addition](/usc/16/410r–5.md?p=c-2) to the [Secretary](/usc/16/410r–5.md?p=c-1)’s authority to employ [persons](/usc/16/450rr–1.md?p=b) to carry out provisions of this subchapter in accordance with the civil service laws, and notwithstanding any other provision of law, the [Secretary](/usc/16/410r–5.md?p=c-1) 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](/usc/16/410r–5.md?p=c-1) within the [park](/usc/16/410r–5.md?p=c-3).
- (e) **Native American Samoan personnel—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall establish a program to train [native](/usc/16/3102.md?p=16) American Samoan personnel to function as professional [park](/usc/16/410r–5.md?p=c-3) service employees, to provide services to visitors (including the interpretation of [park](/usc/16/410r–5.md?p=c-3) resources), and operate and maintain [park](/usc/16/410r–5.md?p=c-3) facilities. Notwithstanding any other provision of law, and to the extent practicable the [Secretary](/usc/16/410r–5.md?p=c-1) shall extend a preference for the hiring of [native](/usc/16/3102.md?p=16) American Samoans to carry out the [Secretary](/usc/16/410r–5.md?p=c-1)’s authorities under this subchapter (including both employees and [persons](/usc/16/450rr–1.md?p=b) operating under contract).
- (f) **Management plan—** The [Secretary](/usc/16/410r–5.md?p=c-1), in cooperation with the Governor of American Samoa, shall prepare a general [management plan](/usc/16/544.md?p=k) for the [park](/usc/16/410r–5.md?p=c-3). The plan shall comply with [section 100502 of title 54](/usc/54/100502.md) and shall contain specific measures for the protection and preservation of tropical forest resources and archaeological and cultural resources within the [park](/usc/16/410r–5.md?p=c-3), including, but not limited to, protection of flying foxes and measures to enhance visitation to the [park](/usc/16/410r–5.md?p=c-3) from throughout the world, to the extent consistent with the protection and preservation of such resources.
- (g) **Advisory Board—**
  - (1) The [Secretary](/usc/16/410r–5.md?p=c-1) shall establish an Advisory Board to provide advice to the [Secretary](/usc/16/410r–5.md?p=c-1) regarding the management of the [park](/usc/16/410r–5.md?p=c-3). 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](/usc/16/410r–5.md?p=c-1) 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](/usc/5/1013.md?p=b) are hereby waived with respect to this Advisory Board.
- (h) **Review—** At least every 10 years, the [Secretary](/usc/16/410r–5.md?p=c-1) and the Governor, or their designees, shall review the operation and management of the [park](/usc/16/410r–5.md?p=c-3). Such review shall include, but need not be limited to, consideration of how the objectives of the [park](/usc/16/410r–5.md?p=c-3) can better be achieved, the need for additional technical or other assistance, cooperative arrangements between the Government of American Samoa and the National [Park](/usc/16/410r–5.md?p=c-3) Service in the interpretation and management of the [park](/usc/16/410r–5.md?p=c-3), and the desirability of extension of the lease arrangement.
- (i) **Technical assistance—** The [Secretary](/usc/16/410r–5.md?p=c-1), 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.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 100–571, § 3, Oct. 31, 1988, 102 Stat. 2881; Pub. L. 117–286, § 4(a)(81), Dec. 27, 2022, 136 Stat. 4314.)

## Notes

### 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 sections 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 sections 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 Boards

Advisory 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 sections 1001(2) and 1013 of Title 5, Government Organization and Employees.