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11.1903 Establishment of American Samoa Economic Development Authority.

Cite as [A.S.C.A. 11.1903]

(a) There is established the American Samoa Economic Development Authority to be an agency of the government, and a body corporate and politic to implement the public purposes of this chapter. The Authority may act on behalf of the government for the specific purposes prescribed in this chapter. The Authority shall constitute a public housing agency within the meaning of the United States Housing Act of 1937, as amended and a “local public agency” within the meaning of Title I of the Housing Act of 1949, as amended. The Authority shall have all the powers, rights, duties, privileges, functions and obligations prescribed and provided in this chapter. On the effective date of this legislation, the Authority shall succeed to, and assume all of the rights, property, powers, privileges, duties, contracts, actions, responsibilities and obligations of the American Samoa industrial development commission, which shall simultaneously cease to exist.
(b) The governing body of the Authority is a Board of Director. The first Board of Directors is comprised of 7 members of the Board of Directors of the American Samoa Industrial Development Commission heretofore appointed by the Governor with the advice and consent of the Legislature and 2 members of the Legislature, one from the Senate appointed by the President of the Senate and one from the House of Representatives appointed by the Speaker of the House. The first member has been duly appointed to a term of office expiring on 30 June 1986 and reappointed to a term of office expiring on 30 June 1990. The second member has been duly appointed to a term of office expiring on 30 June 1987. The third member has been duly appointed to a term of office expiring on 30 June 1988. The fourth member and fifth member have been duly appointed to terms of office expiring on 30 June 1989. All subsequent Governor’s appointments shall be for 4-year terms, or for the unexpired portion of a term. The terms of the Legislative appointees shall not exceed their terms as Legislators and the first terms shall begin upon the date of their appointment.
Except for Legislative appointees, recess appointments may be made to fill vacancies caused by death, resignation, or removal for cause if the vacancy occurs while the Legislature is not in session. Except for Legislative appointees, recess appointments expire at the conclusion of the next following regular or special session of the Legislature if they are not confirmed during that session. The members shall elect from among themselves a chairman, for a term not exceeding 2 years, and such other officers as may be prescribed by duly adopted by-laws.
(c) The Authority shall continue to have the powers and rights of a corporation within the meaning of title 30, chapter 01 of the American Samoa Code Annotated, and has all of the powers provided by, and is subject to the limitations of, title 30 not inconsistent with the provisions of this chapter related to the creation, organization, administration, operation and affairs of the Authority.
(d) The chairman shall be the agent of the authority upon whom any process, notice, or demand required or permitted by law to be served upon the authority may be served. In the chairman’s absence, any other member of the board of directors shall be the agent for receiving service of process, notice or demand.
(e) The Authority shall have perpetual existence.
(f) The Authority shall have the right to acquire facilities or projects by exercising the power of eminent domain in accordance with the provisions of general law. The power of eminent domain shall be exercised only when the Board of Directors deems that no other reasonable alternative is available, and compensation shall be made in accordance with law for the property rights acquired in this manner.

History: 1986, PL, 19-69 § 1.