Comment from anonymous anonymous

Last Thursday, Congressman Faleomavaega Eni informed the Fono that the sanctuary expansion proposal was discussed with the governor, while in Washington D.C. but did not provide any other details of the meeting. His letter was in response to a Senate Concurrent Resolution calling for a full congressional review of NOAA’s proposal. Faleomavaega has since referred the matter to the Congressional Research Service (CRS) for review. Last Friday, Faleomavaega issued a news release outlining the specific issues that he has requested CRS to review: * Under 48 U.S.C. 1661(b), public land laws that apply in the United States do not apply in American Samoa, however Congress can enact special laws for public land management. Is the National Marine Sanctuary Act (16 U.S.C. 1431, et seq.) a “special law”? * Does Executive Order (E.O.) 13132- “Federalism” issued by President Clinton on August 4, 1999 apply to American Samoa, given that American Samoa is not a State? If yes, does the expansion of the Marine Sanctuary violate E.O. 13132? • Is NOAA’s expansion plan of Fagatele Bay in compliance with E.O. 12866- “Regulatory Planning and Review” issued by President Clinton on September 30, 1993? • Whether the Deeds of Cession of Tutuila and Aunu’u islands (1900) and the Manu’a islands (1904), reserve the land and adjoining water rights to the people of American Samoa? • Whether NOAA can act to expand Fagatele Bay even if the majority of persons living in American Samoa oppose the expansion in a referendum? • What control does the American Samoa government have over the surrounding exclusive economic zone and territorial waters? “The above critical issues raised by the Senate Concurrent Resolution have legal, practical, and political ramifications which deserve further Congressional review,” said Faleomavaega. “This is why I have requested CRS to conduct a careful analysis of the issues. Samoa News, March 5, 2012