|
TREATIES, CESSIONS, AND FEDERAL LAWS
AGREEMENT
OF 1872
In 1872, Navy Commander Richard Meade of the U.S.S. Narragansett visited Pago Pago. On March 2, 1872, Commander Meade, on his own responsibility, made an agreement entitled “Commercial Regulations, etc.” with High Chief Mauga. In May of 1872, this agreement was submitted to the United States Senate by President Grant. President Grant stated that while he would not hesitate to recommend its approval, it seemed to pledge that the United States protect American Samoa, which he thought was not in accord with the foreign policy of the United States. The United States Senate did not ratify the agreement, and hence, it apparently never became legally effective. (H. Ex. Doc. 161 44 (41) Cong. 1 Sess. 6.) TREATY OF 1878
This
“treaty of friendship and commerce” was made January 17, 1878, and after
ratification, proclaimed February 13, 1878, between the United States and
“the Government of the American Samoa Island.” This treaty was annulled by
treaty of December 2, 1899, between the United States, Germany, and Great
Britain. It, therefore, has no present force or effect except with respect to
any possible vested rights accrued thereunder. (2 Malloy Treaties 1574.) This
treaty was concluded June 14, 1889, and after ratification, proclaimed May 21,
1890, between the United States, Germany, and Great Britain, and assented to by
the Samoan Government “to provide for the security of the life, property and
trade of the citizens and subjects of their respective Governments residing in,
or having commercial relations with the Islands of Samoa; and at the same time
to avoid all occasions of dissensions between their respective Governments and
people of Samoa, promoting as far
as possible the peaceful and orderly civilization of the people of these
Islands.” This treaty was also annulled by the treaty of December 2, 1899,
and, therefore, has no present force or effect except with respect to rights
which may have accrued and become vested thereunder especially by virtue of judgments
rendered by the “Supreme Court” established and functioning thereunder
during the life of the treaty. (Malloy Treaties 1576.) CONVENTION OF 1899
This
treaty was entered into December 2, 1899, and after ratification proclaimed
February 16, 1900, between the United States, Germany, and Great Britain
“to adjust amicably the questions which have arisen between them in respect to
the Samoan group of Islands, as well as to avoid all future misunderstanding in
respect to their joint or several rights and claims of possession or
jurisdiction therein.” The
body of the treaty is short and reads as follows: Article I
The
General Act concluded and signed by the aforesaid Powers at Berlin on the 14th
day of June, A.D. 1889, and all previous treaties, conventions and agreements
relating to Samoa, are annulled. Article II
Germany
renounces in favor of the United States of America all her rights and claims
over and in respect to the Islands of Tutuila and all other islands of the
Samoan group east of Longitude 171 degrees west of Greenwich. Great
Britain in like manner renounces in favor of the United States of American all
her rights and claims over and in respect to the Island of Tutuila and all other
islands of the Samoan group east of Longitude 171 degrees west of Greenwich. Reciprocally, the United States
of America renounces in favor of Germany all her rights and claims over and in
respect to the Islands of Upolu and Savai'i and all other Islands of the Samoan
group west of Longitude 171 degrees west of Greenwich. Article III
It
is understood and agreed that each of the three signatory Powers shall continue
to enjoy, in respect to their commerce and commercial vessels, in all the
islands of the Samoan group, privileges and conditions equal to those enjoyed by
the sovereign Powers, in all ports which may be open to the commerce of either
of them. (2 Malloy Treaties 1596.) Chief of Tutuila to United States Government April 17, 1900 Translation in the English
language: To all to whom these presents
shall come: Greeting, Whereas
the Governments of Germany, Great Britain, and of the United States of America
have on divers occasions recognized the sovereignty of the government and
people of Samoa and the Samoan group of islands as an independent State; and
whereas owing to dissensions, internal disturbances and civil war, the said
governments have deemed it necessary to assume the control of the legislation
and administration of said state of Samoa; and whereas the said governments
have on the sixteenth day of February, by mutual agreement, determined to
partition said State; and whereas the islands hereinafter described being part
of the said State have by said arrangements amongst the said governments, been
severed from the parent State, and the Governments of Great Britain and of
Germany have withdrawn all rights hitherto acquired, claimed or possessed by
both or either of them by treaty or otherwise, to the said islands in favor of
the government of the United States of America; and whereas for the promotion
of the peace and welfare of the people of said islands, for the establishment of
a good and sound government, and for the preservation of the rights and property
of the inhabitants of said islands, the Chiefs, rulers and people thereof are
desirous of granting unto the said government of the United States full powers
and authority to enact proper legislation for and to control the said islands,
and are further desirous of removing all disabilities that may be existing in
connection therewith and to ratify and to confirm the grant of the rule of said
islands heretofore granted on the 2nd day of April, 1900. Now know Ye: 1.
That we, the Chiefs whose names are hereunder subscribed by virtue of our
office as the hereditary representatives of the people of said islands, in
consideration of the premises herein-before recited and for divers good
considerations us hereunto moving, have ceded, transferred, and yielded up
unto Commander B. F. Tilley of the U.S. “Abarenda.” the duly accredited
representative of the Government of the United States of America. in the islands
hereinafter mentioned or described for and on behalf of the said government. All
these the islands of Tutuila and Aunuu and all other islands, rocks, reefs,
foreshores and waters lying between the 13th degree and the 15th degree of south
latitude and between the 171st degree and 167th degree of west longitude from
the meridian of Greenwich, together with all sovereign rights thereunto
belonging and possessed by us, to hold the said ceded territory unto the
Government of the United States of America; to erect the same into a separate
District to be annexed to the said Government, to be known and designated as
the District of “Tutuila”. 2.
The Government of the United States of America shall respect and protect the
individual rights of all people dwelling in Tutuila to their lands and other
property in said District; but if the said Government shall require any land or
any other thing for Government uses, the Government may take the same upon
payment of a fair consideration for the land, or other thing, to those who may
be deprived of their property on account of the desire of the Government. 3.
The Chiefs of the towns will be entitled to retain their individual control of
the separate towns, if that control is in accordance with the laws of the United
States of America concerning Tutuila, and if not obstructive to the peace of
the people and the advancement of civilization of the people, subject also to
the supervision and instruction of the said Government. But the enactment of
legislation and the general control shall remain firm with the United States of
America. 4.
An investigation and settlement of all claims to title to lands in the
different divisions or districts of Tutuila shall be made by the Government. 5.
We, whose names are subscribed below, do hereby declare with truth for
ourselves, our heirs and representatives by Samoan Custom, that we will obey and
owe allegiance to the Government of the United States of America. In witness whereof we have
hereunto subscribed our names and affixed our seals on this 17th day of April,
1900 A.D. Fofo
and Aitulagi
Sua and Vaifanua Tuitele
of Leone x
Pele x Faiivae
of Leone x
Mauga x Letuli
of Iliili x
Leiato x Fuimaono
of Aoloau x
Faumuina
x Satele
of Vailoa x
Masaniai x Leoso
of Leone x
Tupuola x Olo
of Leone x
Soliai x Namoa
of Aitulagi x
Mauga x Malota
of Aitulagi x Tuanaitau
of Pavaiai x Lualemana of Aasu xAmituagai
of Ituau x The
foregoing instrument of Cession (pages 1, 2, and 3) was duly signed by Leoso in
the presence of, and at the request of, the Chiefs and Representatives of the
Division of Fofo and Aitulagi, and by Pele in the presence of and at the request
of the Chiefs and Representatives of Sua and Vaifanua in Tutuila in conformity
with Samoan customs as to signatures to documents, in my presence at Pago Pago
on the 17th day of April, 1900 A.D., immediately prior to the Raising of the
United States Flag at the United States Naval Station, Tutuila.
/s/E.W.Gurr
Barrister of the Supreme Court of Samoa. CESSION OF MANU’A ISLANDSKing and Chiefs of Manu’aU.S. GovernmentTo
All To Whom These Presents Shall Come, Greeting:
Whereas, the Islands of the Samoan Group lying east of Longitude 171 degrees west of Greenwich were, on the 16th day of February, 1900, by arrangement between the Governments of Germany, Great Britain, and the United States of America, placed under the protection of the Government of the United States of America; And
Whereas, on the 17th day of April, in the year 1900, the Islands of Tutuila and
Aunuu, being portion of said Islands of the Samoan Group lying east of Longitude
171 degrees west of Greenwich, were, by the chiefs and rulers of Tutuila and
Aunuu, ceded to and placed under the sovereignty and protection of the United
States of America, and the government of said Islands was thereupon assumed by
said United States; And
Whereas, in administering said government, the Islands hereinafter described,
known as the Manu’a Islands, being the remainder of said Islands of the Samoan
Group lying east of Longitude 171 degrees west of Greenwich, have been under the
protection of the United States of America, and controlled and governed in conjunction
with the islands of Tutuila and Aunuu; And
Whereas, at the request of Tuimanu’a, the King of Manu’a, and his chiefs,
the United States Flag was, on the 15th day of June, 1900, raised on the Islands
of Tau, of the Manu’a Group, for the purpose of granting protection to the
people of the Manu’a Islands; And
Whereas, Tuimanu’a and his chiefs, being content and satisfied with the
justice, fairness, and wisdom of the government as hitherto administered by
the several Commandants of the United States Naval Station, Tutuila, and the
officials appointed to act with the Commandant, are desirous of placing the
Islands of Manu’a hereinafter described under the full and complete
sovereignty of the United States of America to enable said Islands, with Tutuila
and Aunuu, to become a part of the territory of said United States; Now
Know Ye: (1) That we, Elesare Tuimanu’a and the Chief whose names are
hereunder subscribed, in consideration of the premises hereinbefore recited,
have ceded, and, by, These Presents Do Cede, unto the Government of the United
States of America, All Those, The Islands of the Manu’a Group, being the whole
of eastern portion of the Samoan Islands lying east of Longitude 171 degrees
west of Greenwich and known as Tau, Olosega, Ofu, and Rose Islands, and all
other, the waters and property and adjacent thereto, together with all sovereign
rights thereunto belonging and possessed by us. To
hold the said ceded territory unto the Government of the United States of
America, to erect the same into a territory or district of the said Government. (2)
It is intended and claimed by these Presents that there shall be no
discrimination in the suffrages and political privileges between the present
residents of said Islands and citizens of the United States dwelling therein,
and also that the rights of the Chiefs in each village and of all people
concerning their property according to their customs shall be recognized. Done at the place of Faleula in Tau, in triplicate, in both the Samoan and the English languages, on this 14th day of July, in the year 1904, A.D. King of Manu’a and District Governor
Tuimanu’a United States Naval Station,
Tutuila District Court of Tutuila )
No.5
) Held
at Tau, in Manu’a ) I
Hereby Certify that on this 16th day of. July, in the year 1904, before me,
Edwin W. Gurr, Judge of the District Court of Tutuila, personally appeared
Tuimanua, the Governor of Manu’a; Tufele, County Chief of Fitiuta; Misa,
County Chief of Ofu; Tuiolosega, County Chief of Olosega; Asoau County Chief of
Faleasao; and Logoai, District Clerk of Manu’a; personally known to me to be
the Tuimanua, high chiefs, and representatives of the people of the Islands of
Manu’a, who, each for himself, acknowledged that he executed the attached
Instrument of Cession, and affixed his seal thereto, freely and voluntarily, for
the uses and purposes therein mentioned. In
Testimony Whereof I have caused the seal of the court to be affixed this 16th
day of July in the year 1904. /s/E.W.Gurr
District Judge of Tutuila The
Judge Advocate General of the Navy in 1921, referring to the above cessions,
said: “These cessions were accepted
by the President of the United States, and full information with respect thereto
was communicated to Congress and the action of the Chief Executive relative
thereto adopted and approved in a number of separate statutory enactments.”
(File 3931-1429 :36, Dec. 23, 1921), LRNA, Supp. 25. Title 48 U.S.C. §§ 1661, 1662
provide: “§ 1661. Islands of Tutuila, Manu'a, and eastern Samoa; ceded to and accepted by United States; revenue; government. “(a)
The cessions by certain chiefs of the islands of Tutuila and Manu'a and certain
other islands of the Samoan group lying between the thirteenth and fifteenth
degrees of latitude south of the Equator and between the one hundred and
sixty-seventh and one hundred and seventy-first degrees of longitude west of
Greenwich, herein referred to as the islands of eastern Samoa, are accepted,
ratified, and confirmed, as of April 10, 1900, and July 16, 1904, respectively. “(b)
The existing laws of the United States relative to public lands shall not apply
to such lands in the said islands of eastern Samoa; but the Congress of the
United States shall enact special laws for their management and disposition:
Pro vided, That all revenue from or proceeds of the same, except as regards such
part thereof as may be used or occupied for the civil, military, or naval
purposes of the United States or may be assigned for the use of the local
government, shall be used solely for the benefit of the inhabitants of the said
islands of eastern Samoa for educational. and other public purposes. “(c)
Until Congress shall provide for the government of such islands, all civil,
judicial, and military powers shall be vested in such person or persons and
shall be exercised in such manner as the President of the United States shall
direct; and the President shall have power to remove said officers and fill the
vacancies so occasioned. (Feb. 20, 1929, ch. 281,45 Stat. l253; May22, 1929, ch.
6, 46 Stat. 4.)” §
1662. Sovereignty of United States extended over Swains Island. “The sovereignty of the United States over American Samoa is extended over Swains Island, which is made a part of American Samoa and placed under the jurisdiction of the administrative and judicial authorities of the government established therein by the United States. (Mar. 4, 1925, ch. 563, 43 Stat. 1357.)” DELEGATE TO HOUSE OF REPRESENTATIVESPublic
Law 95-556, Oct. 31, 1978, 92 Stat. 2078, provided: Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled,
That the Territory of American Samoa shall be represented in the United States
Congress by a nonvoting Delegate to the House of Representatives, elected as
hereinafter provided. Sec. 2. (a) The Delegate shall be elected by the people qualified to vote for the popularly elected officials of the Territory of American Samoa at the general Federal election of 1980, and thereafter at such general election every second year thereafter. The Delegate shall be elected at large, by separate ballot, and by a majority of the votes cast for the office of Delegate. If no candidate receives such majority, on the fourteenth day following such election a runoff election shall be held between the candidates receiving the highest and the second highest number of votes cast for the office of Delegate. In case of a permanent vacancy in the office of Delegate, by reason of death, resignation, or permanent disability, the office of Delegate shall remain vacant until a successor shall have been elected and qualified. (b)
The term of the Delegate shall commence on the third day of January
following the date of the election. Sec.
3. To be eligible for the office of Delegate a candidate shall; (a)
be at least twenty-five years of age on the date of the election; (b)
have been a United States citizen for at least seven years prior to the
date of the election ;* (c)
be an inhabitant of the Territory of American Samoa; and (d)
not be, on the date of the election, a candidate for any other office. Sec.
4. Acting pursuant to legislation enacted in accordance with section 9, article
II of the American Samoan Revised Constitution, the territorial government will
determine the order of names on the ballot for election of Delegate, the method
by which a special election to fill a vacancy in the office of Delegate shall be
conducted, the method by which ties between candidates for the office of
Delegate shall be resolved, and all other matters of local application
pertaining to the election and the office of Delegate not otherwise expressly
provided for herein. Sec. 5. Until the Rules of the House of Representatives are amended to provide otherwise, the Delegate from American Samoa shall receive the same compensation, allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges and immunities that are, or hereinafter may be, granted to the nonvoting Delegate from the Territory of Guam: Provided, That the clerk hire allowance for the Delegate from American Samoa shall be a single per annum gross rate that is 50 per centum of the clerk hire allowance of a Member of the House of Representatives. Approved
October 31, 1978. *Amended
to read “owe allegiance to the United States”. See Public Law 95-584,4 3,
set out below. Section 3 of Public Law 95-584,
Nov. 2, 1978, 92 Stat. 2483, amended Public Law 95-556, Oct. 31, 1978, 92 Stat. 2078, as follows: Sec. 3. Subsection 3(b) of the
Act entitled “An Act to provide that the Territory of American Samoa be
represented by a nonvoting Delegate to the United States House of Representatives,
and for other purposes” is hereby amended to read as follows: “(b) owe
allegiance to the United States”. Approved November 2, 1978. ESTABLISHMENT OF NAVAL STATION General Order
Navy Department The
Department publishes herewith, for the information and guidance of the service,
a copy of an Executive Order, dated February 19, 1900, placing certain islands
of the Samoan Group under the control of the Navy Department. EXECUTIVE MANSION Washington, D.C. February 19,
1900 The Islands of Tutuila, of the Samoan Group and all other islands of the group east of Longitude 171 degrees west of Greenwich are hereby placed under the control of the Department of the Navy, for a Naval Station. The Secretary of the Navy will take such steps as may be necessary to establish the authority of the United States, and give to the islands, the necessary protection. William
McKinley. In
accordance with the foregoing, the Islands of Tutuila, of the Samoan Group, and
all other islands of the group east of Longitude 171 degrees west of Greenwich,
are hereby established into a Naval Station to be known as the Naval Station,
Tutuila, and to be under the command of a Commandant. John
D. Long, Secretary OPINION
OF THE JUDGE ADVOCATE OF THE NAVY The
Judge Advocate General of the Navy in 1921 said: “The Government established
by the President of the United States in American Samoa, having been recognized
and acquiesced in by Congress, said government must be recognized by all
individuals who have occasion .to deal therewith as the lawfully established
government of American Samoa until Congress see fit to provide otherwise. The
Congress of the United States, the President, the Attorney General and the
Secretary of the Navy have all concurred in recognizing American Samoa as a
possession of the United States and a part of its territory administered by a
governor commissioned by the President, whose agent he is for the purpose of
executing the orders communicated to him through the Secretary of the Navy,
except in so far as Congress may see fit from time to time to legislate directly
in relation thereto Under the system of government which has been established in
American Samoa, the individual commissioned by the President as Governor thereof
possesses supreme legislative, executive, and judicial power of government in
relation thereto, except in so far as restricted by the President or by
enactments of Congress.” (File 3931-1429; 36, Dec. 23, 1921) LRNA, Supp. 25.
However, in American Samoa, under the present code and under this new code the
Governor has, through his legislative powers, vested the judicial powers in the
courts and the Chief Justice and other judges of American Samoa. TRANSFER OF ADMINISTRATION TO THE SECRETARY OF THE INTERIOR Executive Order No. 10264June29, 1951,16 F.R. 6419Transfer of Administration of
American Samoa 1.
The administration of American Samoa is hereby transferred from the Secretary of
the Navy to the Secretary of the Interior, such transfer to become effective on
July 1,1951. 2. The Department of the Navy and the Department of the Interior shall proceed with the plans for the transfer of administration of American Samoa as embodied in the abovementioned memorandum of understanding between the two departments. 3. When the transfer of administration made by this order becomes effective, the Secretary of the Interior shall take such action as may be necessary and appropriate, and in harmony with applicable law, for the administration of civil government in American Samoa. 4. The executive departments and agencies of the Government are authorized and directed to cooperate with the Departments of the Navy and Interior in the effectuation of the provisions of this order. 5.
The said Executive order of February 19, 1900 [Ex.Ord. 125—A], is
revoked, effective July 1,1951. DELIMITATION OF GOVERNMENT AUTHORITYUnited States Department of the InteriorSecretary’s Order No. 2657As AmendedSec.
1 Purpose. The purpose of this
document is to delimit the extent and nature of the authority of the Government
of American Samoa, as it will be exercised under the jurisdiction of the
Secretary of the Interior pursuant to Executive Order No. 10264 of June 29,
1951, pending enactment of organic legislation by the Congress, and to prescribe
the manner in which the relationships of the Government of American Samoa with
the Congress, with the Department of the Interior and other Federal agencies,
and with foreign governments and international bodies shall be established and
maintained. Sec.
2 Laws and legislative authority. (a)
The laws of American Samoa in effect on July 1, 1951 and the procedure for
formulating and amending the laws shall remain in effect until changed by
competent authority: Provided, however,
That the power formerly exercised by the Secretary of the Navy or his designated
representative shall be exercised by the Secretary of the Interior or his
designated representative. (b)
No measure affecting the powers of the legislature shall become effective
without the approval of the Secretary of the Interior. Sec.
3 Executive authority. (a) The
executive authority of the Government of American Samoa shall be vested in the
Governor and other officials appointed pursuant to law, and shall be exercised
under the supervision and direction of the Secretary of the Interior. (b)
The relations of the Government of American Samoa with the Congress of the
United States on all legislative matters, including appropriations shall be
conducted through the Department of the Interior. (c)
With freedom to consult directly with the Secretary when necessary, the Governor
of American Samoa shall normally communicate with the Secretary of the Interior
through the Deputy Assistant Secretary for Territorial Affairs. The Governor
shall be responsible for all United States property in American Samoa which is
required for the operation of the Government of American Samoa and to which the
Department of the Interior has custodial title or which it may use under permit.
The Governor shall perform such other functions for the Department of the
Interior in American Samoa as may be delegated to him by the Secretary. (d)
Initial contact by the Government of American Samoa with Federal agencies
outside the Department of the Interior on other than routine matters shall be
established through the Deputy Assistant Secretary for Territorial Affairs of
the Department of the Interior. Once the relationship has been established,
direct contact between the Government of American Samoa and the Federal
agencies concerned may be maintained and the Deputy Assistant Secretary for
Territorial Affairs kept informed of significant developments in the
relationship. Federal agencies
should be encouraged to extend their normal Federal services and assistance to
American Samoa wherever practicable, and the Government of American Samoa should
be reimbursed for services which it performs for such Federal agencies. (e)
Communications of the Government of American Samoa with foreign governments and
international bodies shall be cleared through the Department of the Interior for
transmittal by the Department of State, unless some other procedure is
approved by the Secretary of the Interior. Sec.
4 Judicial authority. The judicial
authority shall be independent of the executive and legislative powers.
Budgetary requests for the territorial judiciary, with supporting justification,
should be drawn up by the Chief Justice of American Samoa and submitted for the
approval of the Department of the Interior by the Governor of American Samoa as
a separate item in the annual budget for American Samoa. The Governor should
call the attention of the Department to any questions which. he may have
regarding the budget for the judiciary. Laws or regulations bearing on the
organization or operation of the judiciary shall be submitted to the Secretary
of the Interior for approval prior to promulgation. The High Court of American
Samoa is hereby given jurisdiction to effect the judicial enforcement of the
Occupational Safety and Health Act of 1970 (PL 91-596; 84 Stat. 1590). PROVISION
FOR ELECTED GOVERNOR
AND LIEUTENANT GOVERNOR, AND CREATION
OF OFFICE OF GOVERNMENT COMPTROLLER United States Department of the InteriorSecretary’s Order No. 3009September 13, 1977Sec.
1 Purpose. The purpose of this order
is to provide for an elected Governor and Lieutenant Governor in American
Samoa and to create the Government Comptroller for American Samoa in the Office
of the Secretary of Interior. The electorate of American Samoa in an official
referendum of August 31, 1976, voted by 3044 affirmative votes to 1366 negative
votes to elect the Governor and Lieutenant Governor by popular vote.
Subsequently, the Legislature of American Samoa on March 28, 1977, in Special
Session enacted enabling legislation to provide procedures for an elective local
Governor and Lieutenant Governor. Approved by the Governor of American Samoa, as
PL 15-23 on May 16, 1977, this law officially requested the Secretary of
Interior to provide through the issuance of a Secretarial Order authority for
the popular election of the Governor and Lieutenant Governor. Sec.
2 Election of Governor and Lieutenant
Governor. In accordance, therefore, with the expressed wishes of the
electorate and the subsequent action of the Legislature of American Samoa,
Article IV of the Revised Constitution of American Samoa is hereby revised to
provide as follows: The
Governor and the Lieutenant Governor of American Samoa shall, commencing with
the first Tuesday following the first Monday, in November, 1977, be popularly
elected and serve in accordance with the laws of American Samoa. Sec.
3 Creation of the Office of Government
Comptroller. There is hereby created in the Office of the Secretary of
Interior the Office of Government Comptroller for American Samoa. The Government
Comptroller for American Samoa shall report to the Secretary of Interior and
have such additional staff as the Secretary deems appropriate for him to
discharge his duties, responsibilities and functions. (a)
The principal responsibility of the Government Comptroller for American Samoa
shall be to perform specific and comprehensive audits of all activities,
entities, and branches of the Government of American Samoa. These audits shall
include but not be limited to financial, compliance, management, organization
and program reviews. In addition,
other types of audits shall be made as appropriate at the request of the
Secretary of Interior. All transactions of the Government of American Samoa
shall be audited in accordance with the U.S. Comptroller General’s
“Standards for Audit of Governmental Organizations, Programs, Activities and
Functions.” The Government Comptroller for American Samoa shall make audit
reports which will be addressed to the Governor of American Samoa. A copy of all
reports will be sent to the Secretary of Interior, and by him to the appropriate
Committees of the U.S. Congress. The Governor of American Samoa shall respond in
writing to the findings reported by the Government Comptroller for American
Samoa within forty-five (45) days from the date of each report and shall
indicate what actions will be taken to correct the deficiencies noted and to
comply with the recommendations contained therein. (b)
If the Government Comptroller for American Samoa finds that an expenditure is
irregular or not pursuant to law, he may take an exception against the
certifying officer. The certifying officer will be responsible for clearing the
exception by recovering the expenditure or taking appropriate actions. It is
required that all certifying officers be bonded and that no bond be released
until all exceptions are cleared. Any exceptions deemed necessary by the
Government Comptroller to be brought to the attention of the Secretary shall
also be brought to the attention of the Chairman of the appropriate Committees
of the Congress. (c)
An audit decision by the Government Comptroller for American Samoa may, within
six months from the date thereof, be appealed to the Secretary of Interior by
the parry aggrieved or the head of the department or office concerned. Such
appeal must be in writing and shall set forth the particular action of the
Government Comptroller for American Samoa to which exception is taken, together
with the reasons and authorities relied upon for reversing such decision. The
decision of the Secretary of Interior on such appeal shall be final. The decision
of the Secretary shall, if possible, be made within ninety (90) days from the
date the appeal is received. (d)
As soon after the close of each fiscal year as the accounts of said fiscal year
may be examined and adjusted, the Government Comptroller for American Samoa
shall submit to the Governor of American Samoa, and to the Secretary of
Interior an annual report of the fiscal condition of the government showing the
receipts and disbursements of the various departments and agencies of the
government together with his comments and recommendations. The Secretary shall
submit such report, along with the Secretary’s comments and recommendations,
to the appropriate Committees of the U.S. Congress. Interim audits may be
performed quarterly so as to complete the annual audit and report on a timely
basis and to provide for the early identification of major problem areas. (e)
The Government Comptroller for American Samoa is authorized to communicate
directly with any person or with any department officer or person having
official relation with his office, and he may summon witnesses and administer
oaths. (f)
All departments, agencies, and establishments shall furnish to the Government
Comptroller for American Samoa such information regarding the powers, duties,
activities, organizations, financial transactions, and methods of business of
their respective offices as he may from time to time require of them; and the
Government Comptroller for American Samoa or any of his assistants or employees,
when duly authorized by him, shall, for the purpose of securing such
information, have access to and the right to examine any books, documents,
papers, or records of any such department, agency or establishment. (g) In addition to his other duties, the Government Comptroller for American Samoa shall, upon request of the Governor, provide advice and assistance to the Governor, particularly in the area of financial matters of Federal interest. Sec.
4 Amendment of Executive Order No. 2657.
Section 3 of Executive [sic] Order No. 2657, as amended, dealing with executive
authority of the Government of American Samoa, is hereby superseded. Sec.
5 Ultimate Responsibility of the Secretary.
Until the Congress of the United States provides further for the civil
government of American Samoa, the President of the United States, through the
Secretary of Interior, has the ultimate responsibility for the administration of
the Territory of American Samoa. Sec.
6 Effective Date. This Order is
effective immediately. Its provisions shall remain in effect until amended,
superseded or revoked, whichever occurs first. Reviser’s Comment: Former
Section 4, enacted by Secretary’s Order No. 3009, Amendment No. 1, November 3,
1977, which provided for the selection and appointment of Attorney General, was
rescinded by Amendment No. 2, June 27, 1978. |