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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.)

GENERAL ACT OF 1889

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.)

CESSION OF TUTUILA AND AUNU'U

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 x

Amituagai 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 ISLANDS

King and Chiefs of Manu’a

U.S. Government To 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

     County Chief of Fitiuta

Tufele

     County Chief of Ofu

Misa

    County Chief of Olosega

Tuiolosega

     County Chief of Faleasao

Asoau

     District Clerk

P. Logoai

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

ACCEPTANCE OF CESSIONS

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.

ACTS OF CONGRESS

Title 48 U.S.C. §§ 1661, 1662 provide: 

Ҥ 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 REPRESENTATIVES

Public 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;

  1. be at least twenty-five years of age on the date of the election;

  2. have been a United States citizen for at least seven years prior to the date of the election ;*

  3. be an inhabitant of the Territory of American Samoa; and

  4. 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

No. 540                                                                       Washington, February 19, 1900

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.

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. 10264

June29, 1951,16 F.R. 6419

Transfer 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 AUTHORITY

United States Department of the Interior

Secretary’s Order No. 2657

As Amended

Sec. 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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 GOVERNORAND LIEUTENANT GOVERNOR,

AND CREATION OF OFFICE OF GOVERNMENT COMPTROLLER

United States Department of the Interior

Secretary’s Order No. 3009

September 13, 1977

Sec. 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

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