Rule A Introduction and Background
Rule Text
(1) Public Law 100-571 of October 31, 1988, 102 Stat. 2879, 16 U.S.C.A. § 410qq et seq. (“Act”), was enacted by the Congress of the United States of America for the purpose set forth in § 410qq(b), as follows:
(b) PURPOSE.–The purpose of this Act is to preserve and protect the tropical forest and archaeological and cultural resources of AmericanSamoa, and of associated reefs, to maintain the habitat of flying foxes, preserve the 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.
(2) 16 U.S.C.A. § 410qq-1(a) authorizes the establishment of the National Park of American Samoa (“Park”) by the Secretary of the Interior (“Secretary”) as the means of carrying out the purpose of the Act. The Park is established only when the American Samoa Government (“ASG”), by and through the Governor of American Samoa (“Governor”), acting on behalf of the villages and families with lands within the boundaries of the Park, has entered into a lease (“lease agreement”) with the United States of America, by and through the Secretary, under which the United States of America will lease the lands and waters within the boundaries of the Park for a period of 50 years. The Governor and the Secretary entered into the lease agreement on September 9, 1993.
(3) 16 U.S.C.A. § 410qq-1(d) requires rental compensation to be paid to the villages and families with lands within the Park. As contemplated and mandated by 16 U.S.C.A. § 410qq-1(d) (1) and (2), the lease agreement provides for (a) annual rental compensation in the total amount of $377,000.00, payable in annual increments in advance and contingent on the availability of appropriated funds for these payments, and (b) deposit of appropriated funds for this purpose in an interest-bearing escrow account in American Samoa.
(4) 16 U.S.C.A. §410qq-1(d) (2) further stipulates, and the lease agreement so provides, that the rental compensation may be disbursed to the villages and families with lands within the park only by the Governor, in amounts determined by the High Court of American Samoa (“High Court”). The High Court has exclusive jurisdiction to determine the amount to be disbursed to any village or family. Effective October 18, 1993.