Chairman of the Constitutional Convention. Attest: Mulitauaopele-Sui'ava, Secretary of the Constitutional Convention.

THE TENTH LEGISLATURE OF AMERICAN SAMOA

First Special Session Begun and held at Fagatogo, Tutuila, American Samoa on Monday, the twenty second day of May one thousand nine hundred and sixty-seven.

HOUSE CONCURRENT RESOLUTION

Requesting the Secretary of the Interior to amend article I, section 2 of the revised constitution of American Samoa by a partial deletion of certain phrases relating to eminent domain procedures.

Whereas, the Revised Constitution of American Samoa was approved by the Constitutional Convention of the people of American Samoa at its meeting in Fagatogo, American Samoa, on September 26, 1966 and by a majority of the voters of American Samoa voting in the general election in 1966; and

Whereas, Article I, Section 2 of the Revised Constitution of American Samoa, contains certain phrases which this Legislature now believes are unduly restrictive of eminent domain procedures in American Samoa and which will make condemnation of land for public purposes virtually unworkable; and

Whereas, this Legislature, in this special session, has just passed legislation concerning eminent domain procedures which make it possible to speedily give just compensation to land owners when land is condemned for public purposes, and whereas the Government of American Samoa has already placed these procedures into effect; and

Whereas, the new condemnation law achieves the result the wording in Article I, Section 2 was designed to accomplish; Now, therefore, be it

Resolved, That this Legislature request the Secretary of the Interior to de

lete portions of Article I, Section 2 of the Revised Constitution so that it shall read as follows:

"No person shall be deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use without just compensation."

A. P. LAUVAVO-LOLO,

President of the Senate. MUAGUTUTI'A F. TUIA,

Speaker, House of Representatives.

Amendment No. 1

ELEVENTH LEGISLATURE, SECOND REGULAR SESSION

SENATE JOINT RESOLUTION NO. 3

Constitutional amendment prohibiting Government employees from also serving in the legislature and raising salaries of legislators.

Whereas, the problems of government are increasingly complex and require the full-time attention of the Legislature; and

Whereas, constituents have problems and needs requiring the attention of their legislators throughout the year and not just during legislative sessions; and

Whereas, legislators who hold key positions in other branches of government cannot be spared from those posts for extensive periods of time while attending to legislative matters; and

Whereas, conflicts of interest arise when a government employee also serves as a legislator; and

Whereas, there are sufficient numbers of qualified American Samoans to serve each branch of government solely and independently without dual employment; Now, therefore be it

Resolved, By the Legislature of American Samoa that the following amendments to paragraph 5 (last paragraph) of Section 3, Article II, Revised Consituation of American Samoa, and to Section 25, Article II, Revised Constitution of American Samoa be submitted for the approval or rejection of the voters eligible to vote for members of the House of Representatives at the next general election.

Section 3. Qualification of members:

No employee or public officer of the Government shall be eligible to serve in the Legislature while holding such position. The prohibition contained herein shall become effective on July 1, 1971.

Section 25. Compensation of the legislature: Each member of the Legislature, except the delegate from Swains Island, shall receive for his services an annual salary of $6,000. The compensation for the delegate from Swains Island shall be $50 per day for each day of a legislative session actually attended by said delegate. The President of the Senate and Speaker of the House shall each receive additional compensation of $1,500 annually.

Members who actually reside in and who maintain their homes in Manu'a or Swains Island shall receive a per diem as provided by law for each day of attendance at a legislative session.

This constitutional amendment shall become effective on July 1, 1971.

Instruction to voters: Sections 3 and 25 of Article II, Revised Constitution of American Samoa shall be voted upon together as one amendment. Therefore, only one "yes" and "no" box shall be provided for the two sections. A vote for or against one section shall therefore also be a vote for or against the other section. The Commissioner of Elections is hereby instructed to place this instruction immediately before the proposed amendment on the ballot sheet.

SALANOA S. P. AUMOEUALOGO,

President of the Senate. FAINUULELEI S. UTU,

Speaker, House of Representatives.

Approved by Harrison Loesch, Assistant Secretary of the Interior, March 19,

1971.

Amendment No. 2

ELEVENTH LEGISLATURE, SECOND REGULAR SESSION

SENATE JOINT RESOLUTION NO. 5

Whereas, the problems of government are becoming increasingly complex and require the full time attention of Senators and Representatives; and

Whereas, the annual 40 day regular session is insufficient time to efficiently and adequately provide for the increasing needs of the government; Now, therefore be it

Resolved, By the Legislature of American Samoa that the following Amendment to paragraph 1 of Section 8, Article II, Revised Constitution of American Samoa, be submitted to the voters at the next general election:

Section 8. There shall be two regular sessions of the Legislature held each year, each session to last 30 days, the first session to begin on the second Monday in January each year and the second session to begin on the second Monday in July of each year. The Legislature may meet in special session at the call of the Governor who shall set the time for the beginning of such session and the number of days it may last. ***

MULITAUAOPELE TAMOTU, President Pro Tempore, Senate. LIGOLIGO K. ESEROMA, Vice-Speaker, House of Representatives. Approved by Harrison Loesch, Assistant Secretary of the Interior, March 19,

1971.

Amendment No. 3

ELEVENTH LEGISLATURE, SECOND REGULAR SESSION

SENATE JOINT RESOLUTION NO. 4

Whereas, the Legislature should be empowered to exercise its discretion in the appropriation of all local revenue; Now, therefore be it

Resolved, By the Legislature of American Samoa that the following amendment to Section 1 (c), Article II of the revised Constitution of American Samoa, be submitted to the voters at the next general election:

Section 1. Legislature: There shall be a Legislature which shall consist of a Senate and House of Representatives. The Legislature shall have authority to pass legislation with respect to subjects of local application, except that: *** (c) Money bills enacted by the Legislature of American Samoa shall not provide for the appropriation of funds in excess of such amounts as are available from revenues raised pursuant to the tax laws and other revenue laws of American Samoa. Prior to his final submission to the Secretary of the Interior of requests for Federal funds necessary for the support or governmental functions in American Samoa, the Governor shall prepare a preliminary budget plan. He shall submit such plan to the Legislature in joint session for its review and approval with respect to such portions as relate to expenditures of funds proposed to be appropriated by the Congress of the United States.

SALANOA S. P. AUMOEUALOGO,
Speaker of the Senate.
FAINUULELEI S. UTU,
Speaker, House of Representatives.

Approved by Harrison Loesch, Assistant Secretary of the Interior, March 19,

1971.

THE TERRITORY OF AMERICAN SAMOA

REPORT FROM THE FUTURE POLITICAL STATUS STUDY COMMISSION TO ELEVENTH LEGISLATURE OF AMERICAN SAMOA, SECOND REGULAR SESSION, FEBRUARY 9, 1970

THE

MARCH 18, 1970.

HONORABLE MEMBERS OF THE ELEVENTH LEGISLATURE, GOVERNMENT OF AMERICAN SAMOA,

Pago Pago, American Samoa.

DEAR HONORABLE MEMBERS: The Future Political Status Study Commission respectfully submits its report thus fulfilling its mandate under Public Law 11-39. Respectfully,

SALANOA S. P. AUMOEUALOGO;

The Political Status Study Commission of American Samoa wishes to respectfully express its deep and sincere appreciation for the advice, help and courtesies which the Government and people of New Zealand, Fiji, Tonga, Western Samoa, Puerto Rico, Virgin Islands, and the State of Hawaii have extended to it.

The Commission also extends its gratitude to the members of the Congress of the United States of America and their staff who generously made their time and offices available for the studies of the Commission; to the Director and Staff of the Office of Territories, Department of the Interior; and to the President and faculty of the University of Hawaii.

The Governor and many officials of the Government of American Samoa donated their time and advice to the Commission and the Commission hereby acknowledges their contributions.

The Commission wishes to express also its appreciation to the leaders and people of American Samoa and Samoan communities in the United States, Hawaii and New Zealand for their help and courtesies.

Finally, the Commission wishes to acknowledge the assistance and aid of Mr. Dean Kaufman of the VISTA Legal Center in Pago Pago, American Samoa, who helped in the preparation and editing of this report.

INTRODUCTION

The Future Political Status Study Commission for American Samoa was created by Public Law 11-39 enacted by the Eleventh Legislature during its First Special Session in July 1969. The Commission was created in the context of increasing political awareness among the people of American Samoa. At the end of a decade which brought unprecedented physical and economic development to American Samoa and at the beginning of a decade which promises to bring even more wide-reaching changes, the ultimate political destiny of American Samoa has become a matter of much discussion, some confusion, and great importance. The Legislature gave the Status Commission a mandate to:

(1) Study alternative forms of future political status open to American Samoa and to assess the advantages and disadvantages of each;

(2) Study and appraise the history, the development and the present status of political units comparable or relevant to American Samoa, both within and outside the jurisdiction of the United States; and

(3) Present a complete report of its findings and recommendations to the Second Regular Session of the Eleventh Legislature.

To effectuate these aims, in September of 1969, the Commission toured Puerto Rico and the Virgin Islands. In Washington, D.C., the Commission conferred with members of the United States Congress and officials of the Department of the Interior. The Commission also took the opportunity of this trip to meet with Samoan communities in Los Angeles, San Diego, San Francisco and Honolulu, Hawaii. In November of 1969, the Commission visited New Zealand, Fiji, Tonga, and Western Samoa. The Commission studied the political status of each country and territory it visited. Economic development plans and programs were of particular interest, but education, health, and other social services were observed

and discussed. The Commission's hosts generously provided the opportunity for the Commission to study these governmental operations.

Upon returning to American Samoa, the Commission held a number of meetings with the leaders and people of the territory and continued to study the complex question of American Samoa's political future. This report is the summation of what the Commission has found and the conclusions it has drawn from those findings.

There are six potentially viable political alternatives open to American Samoa. Briefly, these are: (1) Independence; (2) A union with Western Samoa; (3) Becoming an incorporated territory of the United States under an Organic Act; (4) Commonwealth status-similar to Puerto Rico's; (5) Becoming a county within the State of Hawaii; and (6) Retaining American Samoa's present status as an unincorporated insular possession of the United States.

In choosing these six alternatives, the Commission has attempted to present to the Legislature a complete enumeration of the feasible paths open to American Samoa. It has discarded theoretical possibilities, such as statehood, which it feels are beyond any hope of realization, but has included several proposals which, although not likely, have articulate and vocal supporters within the Samoan community. This variety of public opinion is one of the outstanding characteristics the Commission has noted-and hopefully this report will present facts which will aid the people of American Samoa in making an informed and rational judgment about their political future.

The Commission was created in a time of questioning. The Legislature and the people of American Samoa have begun to question the goals of their public education program, the structure of their courts, the priorities and planning of public construction, and the relationship between the branches of the Government of American Samoa and that government's relationship with the government of the United States.

Beyond the complicated aspects of questions such as these lies the fundamental question of American Samoa's political future. An educational or judicial system well-suited for a society moving towards closer union with the United States might be quite inappropriate for a society seeking to emphasize its traditional values and political independence. A local government receiving increasingly large annual appropriations through the Department of the Interior is bound to evolve into a different relationship with the United States than a local government which receives such funding through other, more specialized channels. Thus, we cannot avoid considering our political future, for it necessarily enters into important decisions currently facing both the Legislature and the Governor. The function of this report is to explore and evaluate the political alternatives open to American Samoa, not to select an alternative on behalf of the people. The Commission's role is merely to provide an analytical report which can be the basis for intelligent discussion. The final decision rests, of course, with the people of American Samoa and the Congress of the United States.

While the history and present status of American Samoa are in many ways unique (see Appendix), our society has much in common with other peoples of the world. We are not the first small and developing society to seek the protection and receive the economic support of a stronger and wealthier mother country. A study of other developing societies illustrates both the possibilities and the problems which the withdrawal of such political and economic bonds can cause in a land such as ours. A major purpose of this report is to enable American Samoa to understand and benefit from the experience of other people. With the foregoing in mind, the Commission presents its analysis and recommendations.

I. INDEPENDENCE

American Samoa is presently a possession of the United States of America. It has no sovereignty of its own and looks to the United States for those items which any area must have-defense, currency and postage, status in international affairs, etc. If American Samoa were to become independent, it would be a sovereign state among nations, and although it might still contract with the United States to supply certain prerequisites of sovereignty, it would be "on its own" for all practical purposes.

As an indepenndent nation, Samoa could enter into international agreements with any other nation, have its own foreign policy, have complete control of its internal affairs, in short-it could behave like any other sovereign state.