A bill to establish the National Park of Samoa.
PL 100-571 (H.R.4818), enacted 10/31/1988

PUBLIC LAW 100-571—OCT. 31, 1988 
102 STAT. 2879 
Public Law 100-571 
100th Congress 
An Act 
To establish the National Park of American Samoa. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds that: 
(1) Tropical forests are decUning worldwide. 
(2) Tropical forests contain 50 percent of the world's plant and 
animal species, contribute significantly to the advancement of 
science, medicine, and agriculture and produce much of the 
earth's oxygen. The loss of these forests leads to the extinction 
of species, lessening the world's biological diversity, reduces the 
potential for new medicin'es and crops and increases carbon 
dioxide levels in the atomosphere contributing to the green-
house effect that is altering the global climate. 
(3) The tropical forest of American Samoa is one of the last 
remaining undisturbed paleotropical forests. 
(4) The tropical forest in American Samoa is the largest such 
forest under direct control of the United States. 
(5) The tropical forest of American Samoa contains the habi-
tat of one of the last remaining populations of Pacific flying 
foxes. 
(6) The flying foxes of American Samoa are responsible for a 
large part of the pollination which maintains a significant 
portion of the species which inhabit the Samoan tropical forest. 
(7) Information presently available indicates the existence of 
extensive archaeological evidence related to the development of 
the Samoan culture which needs to be examined and protected. 
(8) The people of American Samoa have expressed a desire to 
have a portion of the tropical forest protected as a unit of the 
National Park System. 
(b) PURPOSE.—The purpose of this Act is to preserve and protect 
the tropical forest and archaeological and cultural resources of 
American Samoa, and of associated reefs, to maintain the habitat of 
flying foxes, preserve the ecological balance of the Samoan tropical 
forest, and, consistent with the preservation of these resources, to 
provide for the enjoyment of the unique resources of the Samoan 
tropical forest by visitors from around the world. 
SEC. 2. ESTABLISHMENT. 
Oct. 31, 1988 
[H.R. 4818] 
Conservation. 
Environmental 
protection. 
Forests and 
forest products. 
Historic 
preservation. 
Wildlife. 
16 u s e 410qq. 
16 u s e 410qq-l. 
(a) IN GENERAL.—In order to carry out the purposes expressed in 
section 1(b), the Secretary of the Interior (hereinafter in this Act 
referred to as the "Secretary") shall establish the National Park of 
American Samoa (hereinafter in this Act referred to as the "park"). 
The Secretary shall establish the park only when the Governor of Contracts. 
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 
102 STAT. 2880 
PUBLIC LAW 100-571—OCT. 31, 1988 
Public 
information. 
Contracts. 
purposes of the park. Immediately after enactment of the Act, the 
Secretary shall commence negotiations with the Governor of Amer-
ican 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) AREA INCLUDED.—The park shall consist of three units as 
generally depicted on the following maps entitled "Boundary Map, 
National Park of American Samoa": (1) map number NP-AS 
80,000A, dated August 1988, (2) map number NP-AS 80,000B, dated 
August 1988, and (3) map number NP-AS 80,000C, dated August 
1988. Before publication of the maps, the Secretary, after consulta-
tion 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 accord-
ingly. 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, tjjn<?,. make revisions of the 
boundary of the park in accordance with section 7(c) of the Land and 
Water Conservation Fund Act of 1965 (16 U.S.C. 4601-4 and follow-
ing), pursuant to agreement with the Governor of American Samoa, 
and contingent upon the lease to the Secretary of lands within the 
new boundaries. 
(c) MANAGEMENT BY AMERICAN SAMOA.—Notwithstanding section 
3(a), after 50 years after the enactment of this Act, 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 Gov-
ernor does not request such an extension the Secretary shall trans-
fer to the Governor the sole authority to administer the park. 
Whenever the Secretary makes such a transfer he shall also trans-
fer any improvements constructed by the Secretary in the park to 
the Governor without compensation. 
(d) COMPENSATION UNDER LEASE AGREEMENT.—(1) Notwithstand-
ing 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 the enactment of this Act, the 
Secretary shall establish the escrow account referred to in para-
graph (2) within 30 days after the expiration of such 1-year period 
and shall make monthly payments of $25,000 per month into the 
PUBLIC LAW 100-571—OCT. 31, 1988 
102 STAT. 2881 
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 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. 
SEC. 3. ADMINISTRATION. 
16 USC 410qq-2. 
(a) IN GENERAL.—The Secretary shall administer the park in 
accordance with this Act 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). 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 Act, except that he may not acquire any 
lands or waters or interests therein for purposes of the park other 
than by lease. 
(b) TRADITIONAL SUBSISTENCE USES.—(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 the date of enactment of this Act 
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 Fish and fishing, 
permitted in accordance with paragraph (1), and no fishing or 
gathering shall be permitted in such marine areas for other than 
subsistence purposes. 
(c) INTERPRETIVE FACILITIES, ETC.—Interpretative activities and 
interpretative facilities for the park (including maps) shall be in at 
least the following languages: English and Samoan. 
(d) EMPLOYEES AND CONTRACTS.—In addition to the Secretary's 
authority to employ persons to carry out provisions of this Act 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) NATIVE AMERICAN SAMOAN PERSONNEL.—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 Act (including both 
employees and persons operating under contract). 
(f) MANAGEMENT PLAN.—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 12(b) of the 
102 STAT. 2882 
PUBLIC LAW 100-571—OCT. 31, 1988 
Act of August 18, 1970 (16 U.S.C. la-1 through la-7) 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 through-
out the world, to the extent consistent with the protection and 
preservation of such resources. 
(g) ADVISORY BOARD.—(1) The Secretary shall establish an Ad-
visory 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 compensa-
tion as such, but the Secretary may pay expenses reasonably in-
curred in carrying out their responsibilities under this Act on 
vouchers signed by the Chairman. 
(4) The provisions of section 14(b) of the Federal Advisory Commit-
tee Act (Act of October 6, 1972; 86 Stat. 776), are hereby waived with 
respect to this Advisory Board. 
(h) REVIEW.—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) TECHNICAL ASSISTANCE.—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. 
16 use 410qq-3. 
SEC. 4. DEFINITION. 
For purposes of this Act the term "native American Samoan" 
means a person who is a citizen or national of the United States and 
who is a lineal descendant of an inhabitant of the Samoan Islands 
on April 18, 1900. For purposes of this Act, Swains Island shall be 
considered part of the Samoan Islands. 
PUBLIC LAW 100-571—OCT. 31, 1988 
102 STAT. 2883 
SEC. 5. FUNDING. 
16 USC 410qq-4. 
There are authorized to be appropriated such sums as may be 
necessary to carry out this Act. 
Approved October 31, 1988. 
LEGISLATIVE HISTORY—H.R. 4818: 
HOUSE REPORTS: No. 100-916 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Sept. 13, considered and passed House. 
Oct. 12, considered and passed Senate.