Administrative rules American Samoa Coastal Management Program

[From the U.S. Government Printing Office, www.gpo.gov]

ECONOMIC DEVELOPMENT & PLANNING OFFICE

AMERICAN SAMOA GOVERNMENT
PAGO PAGO, AMERICAN SAMOA 96799

TEL: (684) 633-5155
FAX: (684) 633-4195

A.P. LUTALI ALFONSO P. GALEA'I
Governor November 22,1994 Director
TALIESE P. SUNIA JOHN P. FAUMUINA JR
Lt. Governor Deputy Director
Hon. Governor A.P. Lutali In reply refer to:
American Samoa Government OAM:
Executive Office Building Serial: 0915
Utulei, American Samoa 96799

Dear Governor Lutali,

I am pleased to forward to you the attached copy of the Administrative Rules for
the American Samoa Coastal Management Program (ASCMP). These rules were
adopted on November 22,1994, pursuant to authority granted the Development
Planning Office (DPO) under Public Law 21-35, the American Samoa Coastal
Management Act (the Act) of 1990, 24.0501 et seq., ASCA. Section 24.0506 of the
Act directed that

(a) the director of development planning, after public hearings, shall
adopt, pursuant to this chapter and the Administrative Procedures Act,
4.1001 ASCA et seq., rules as are deemed necessary for the efficient and
effective administration of this chapter. The rules shall be promulgated
and take effect as soon as possible and not later than one year after the
enactment of this chapter. These rules, at a minimum, shall:

(1) establish a streamlined land use permit system that integrates the
permitting requirements of each of the territorial agencies
concerned with environmental management and determines (sic) a
land use permit fee schedule commensurate with the cost of
administering the permit review system;

(2) establish procedures for the conduct of appeals by aggrieved
parties for a decision reached or conditions imposed on a land use
permit application.

Development of the Administrative Rules took several years because of
unforeseen difficulties during the past administration and the long consultation
process required to address coordination issues among the seven (7) PNRS Board
agencies. The rules have undergone an extensive public hearing, review and
comment period, including noticed opportunities for the general public and
territorial and federal agencies to review and comment on the proposed rules.

Page 2

Comments from that process and agency meetings and workshops have been
incorporated into this final document. Additionally, our legal counsel forwarded
a copy of the rules to your legal counsel and received favorable comments.

On behalf of my staff, the American Samoa Coastal Management Program, and
members of the Project Notification and Review System, I wish to thank you for
your support and look forward to the continuance of our service to the people of
our Territory.

Sincerely,

Alfonso lea'i
EDPO D* e tor

Enc.

cc: John Faumuina, Jr., PNRS Chairman
PNRS Board Members
Douglas J. Juergens, Assistant Attorney General
Lelei Peau, ASCMP Manager
Larry Ward, Environmental Planner, ASCMP

American Samoa Coastal Management Program

Administrative Rules

US ep tm nt of Conmerce
NOAA Clst: se;vices Center Library
2234 South Hobson Avenue
Charleston, SC 29405-2413

November 22,1994

TABLE OF CONTENTS

26.0201 Adoption authority . . . . . . . . . . . . . . . . 1

26.0202 Purpose . . . . . . . . . . . . . . . . . . . . . . 1

26.0203 Construction . . . . . . . . . . . . . . . . . . . 1

26.0204 Definitions . . . . . . . . . . . . . . . . . . . . 1

26.0205 Interagency coordination . . . . . . . . . . . . . 11

26.0206 Establishment of the Project Notification and
Review System (PNRS), members of the PNRS board and
conduct of meetings . . . . . . . . . . . . . . . . . . 11

26.0207 Land use permit application procedures, fees and
Penalties . . . . . . . . . . . . . . . . . . . . . . . 12

26.0208 Review of major and minor land use permit
applications . . . . . . . . . . . . . . . . . . . . . . 16

26.0209 PNRS review of major projects . . . . . . . . . . . 18

26.0210 General standards and criteria for review . . . . . 19

26.0211 Conditional land use permits . . . . . . . . . . . 20

26.0212 Land use permits, issuance, duration and
affirmative duties of applicant . . . . . . . . . . . . 20

26.0213 Land use permits, contents . . . . . . . . . . . . 21

26.0214 Land use permits, amendment . . . . . . . . . . . . 21

26.0215 States of emergency, exemptions . . . . . . . . . . 21

26.0216 Monitoring and regulation, authority and duty . . . 23

26.0217 Reserved . . . . . . . . . . . . . . . . . . . . . . 24

26.0218 Stop work order . . . . . . . . . . . . . . . . . . 24

26.0219 Revocation of land use permit . . . . . . . . . . . 25
26.0220 Penalties . . . ... . . . . . . . . . . . . . . . . 25

26.0221 Appeals . . . . . . . . . . . . . . . . . . . . . . 26

26.0222 Appeals of minor LUP decisions . . . . . . . . . . . 26

26.0223 Appeals of Major LUP decisions; Motion to
reconsider . . . . . . . . . . . . . . . . . . . . . 27

26.0224 Appeals from the Board, final decisions . . . . . . 27

26.0225 Special Management Areas . . . . . . . . . . . . . 28

26.0226 Procedures to establish SMA . . . . . . . . . . . . 29

26.0227 Criteria for designation or modification of a SMA 31

26.0228 Wetlands . . . . . . . . . . . . . . . . . . . . . . 31

26.0229 Procedures for Territorial EA . . . . . . . . . . . 33

26.0230 National Environmental Protection Act (NEPA) . . . 37

26.0231 Supplemental Statements . . . . . . . . . . . . . . 37

26.0232 Federal consistency . . . . . . . . . . . . . . . . 38

26.0233 Public Information and education . . . . . . . . . . 43

26.0234 Public records . . . . . . . . . . . . . . . . . . 43

26.0235 ASCMP access to government records . . . . . . . . 44

26.0236 Severability . . . . . . . . . . . . . . . . . . . 44

ANNEX "All Objectives and policies of the territorial
coastal management program . . . . . . . 45

ANNEX "B" Permissible, conditional and prohibited uses . . . 56

Table of Acronyms . . . . . . . . . . . . . . . . . . . . . . . 64

AMERICAN SAMOA COASTAL MANAGMENT PROGRAM
ADMINISTRATIVE RULES

26.0201 Adoption authority. These Administrative Rules for
Coastal Management (the Rules) are adopted pursuant to authority
granted the Development Planning Office (DPO) under Public Law
21-35, the American Samoa Coastal Management Act of 1990 (the
Act), 24.0501 et seq., ASCA.

26.0202 Purpose. The Rules govern the administration of the
American Samoa Coastal Management Program (ASCMP), and set
standards for the ASCMP in implementing its responsibilities
under the Act. The Act mandates the establishment of a system of
environmental review at the territorial level intended to ensure
that environmental concerns are given appropriate consideration
in the land use decision-making process, along with economic and
technical considerations. The Rules establish a consolidated
land use permitting process, known as the Project Notification
and Review System (PNRS), set development standards, procedures
for the designation, planning and management of Special
Management Areas (SMA's), procedures for Environmental Assessment
(EA), and procedures for determination of federal consistency.
The Rules are not intended to negate or otherwise limit the
authority of any agency of the Territory, provided that actions
by agencies shall be consistent with the provisions contained
herein and with the policies and standards of annexes A and B of
these rules. The Rules are consistent with the federal Coastal
Zone Management Act of 1972, as amended.

26.0203 Construction. The Rules shall be construed to secure
the just and efficient administration of the Act and the just and
efficient determination of uses subject to Land Use Permit (LUP).
In any conflict between a general rule or provision and a
specific rule or provision, the specific shall control over the
general.

26.0204 Definitions. The following definitions shall apply:

( ) "Acceptance for review" means a formal determination
that a document is sufficiently complete to commence its review.
Acceptance is not a determination that the proposed action is
acceptable or permitted; only that the document is sufficiently
complete to commence its review.

( ) "Act" means the American Samoa Coastal Management Act
of 199-6-(the Act), 24.0501 et seq., ASCA.

( ) "Adjacent" means bordering, contiguous or neighboring.
Wetlan-ds separated from other waters of the United States by man-
made dikes or barriers, natural river berm, beach dunes and the
like are "adjacent wetlands".

( ) "Adverse impact" means an alteration or the sum of
alterations which would impair the long-term function, stability,
or quality of an ecosystem or human community; which curtail the
range of beneficial uses of the natural and cultural environment;
which are contrary to territorial environmental laws or rules; or
which adversely affect the economic, health, safety or social
welfare of a community or the territory. Adverse impact includes
but is not limited to:

(a) alteration of chemical or physical properties of
coastal or marine waters so that they no longer provide a
suitable habitat for natural communities;

(b) accumulation of toxins, carcinogens, or pathogens
which threaten the welfare of humans or aquatic or
terrestrial organisms;

(d) disruption or burial of marine or stream bottom
communities;

(e) introduction of man-made substances foreign to the
terrestrial or marine environment;

(f) disruption of historic, cultural, or
archaeological properties or sites;

(g) disruption of agricultural, fishing activities or
recreational opportunities; and

(h) disruption of the natural protective and
beneficial functions of coastal resources.

( ) "Agency" as it pertains to a subdivision of the
American Samoa Government means any board, department, office,
commission, committee, or other instrumentality created by the
Constitution, statutes or rules of the Territory, or by executive
order of the Governor.

( ) "Applicant" means any person or agency of the
territorial or federal government who, pursuant to the Act and
the Rules, files an application for a LUP.

(-) "Approval" means a discretionary consent required from
an agency prior to actual implementation of an action.

( ) "Archaeological/cultural/historic resources" means
those Hites, structures, and artifacts which possess material
evidence of human life and culture of the prehistoric and

historic past, or which have a relationship to events or
conditions of the human past.

( ) "ASCMP" means the American Samoa Coastal Management
Progra7m7

(-) IIASCMP Manager" means the individual designated by the
Direct6"r- who is responsible for the overall implementation and
administration of the ASCMP.

( ) "Baseline" is a continuous line which encircles an
island, or atoll and is measured as follows:

a. The baseline of an island or portion of an island
lacking a barrier reef, fringing reef, or other reef system
is seaward from the ordinary high water mark; or

b. The baseline of an atoll or island or portion of an
island having a barrier reef, fringing reef, or other reef
system, is the seaward edge of the reef system, i.e., those
outermost elevations of the reef which are above water at
low tide.

"Beach" means an accumulation of unconsolidated
deposits along the shore with their seaward boundary being at the
low-tide or reef-flat-platform level and extending inland to the
strand vegetation or, where none is present, to the limits of the
unconsolidated materials.

( ) "Best management practices" means economically
achiev7a-ble measures for the control of the addition of pollutants
from existing and new categories of nonpoint sources of
pollution, which reflect the greatest degree of pollutant
reduction achievable through the application of the best
available nonpoint control practices, technologies, processes,
siting criteria, operating methods, or other alternatives.

"Board" means the PNRS Board.

"Buffer zone" refers to a set back area in which
development of any kind is prohibited.

( ) "Coastal resource" means the land, air, water,
minerai's, flora, fauna, and objects of historic or aesthetic
significance within the Territorial coastal zone.

( ) "Coastal zone or coastal zone area" includes the entire
island of Tutuila, the Manula Islands, Aunulu Island, Rose
Island, and Swains Island, territory of American Samoa, and all
coastal waters and submerged lands for a distance of three (3)
nautical miles seaward in all directions therefrom. The entire
coastal zone area is subject to the Act and all other policies

and regulations of the ASCMP.

"Coral" means the calcareous skeletons secreted in or
by the tissues of various marine coelenterates, including all
varieties of hermatypic coral, coralline structures, and precious
corals.

(-) "Coral reef" means a structure which may or may not be
adjacent to the shoreline, formed and bounded by the gradual
deposition and calcareous secretions of coralline materials.

(-) "Critical habitat" means a land or water area where
sustaining the natural characteristics is important or essential
to the productivity of plant and animal species, especially those
that are endangered, threatened or a species of concern.

"Director" means the Director of the DPO.

"Emergency" means a sudden unexpected occurrence
demand-1-n-g immediate action to prevent or mitigate loss or damage
to life, health, property, or essential public services.

(-) "Environment" means humanity's surroundings, inclusive
of all the physical, economic, and social conditions that exist
within the area affected by a proposed action, including land,
human and animal communities, air, water, minerals, flora, fauna,
ambient noise, and objects of historic or aesthetic significance.

( ) "Environmental Assessment (EA)" means a written
evalua-tion to determine whether an action may have a significant
adverse impact on coastal resources.

( ) "Erosion" means the result of natural processes, often
exacer-bated through human impact, by which surface materials are
worn away, loosened, or dissolved, and transported off site.

"Exempt Activity" means projects which do not adversely
affect coastal resources, and thus not requiring a LUP, and
include:

a. maintenance/repair of existing single family homes,
other structure, etc., which do not change footprints,
increase dimensions, or change the use of the structure;

b. small scale landscaping which does not exceed ten
(10) cubic yards of topsoil; and

C. small, temporary (not exceeding seventy-two [72]
hours) structures for political campaign, public service or
fund raising activities and government sponsored cultural
celebrations, events or activities, e.g., flag day, coast
weeks.

Project applicants are encouraged to receive written
acknowledgment from DPO/ASCMP that their projects constitute
"exempt activities."

"Fala Samoa" means the traditional Samoan way of life.

"Feasible" means capable of being accomplished in a
reasonable period of time, taking into account economic, social,
technological, and environmental factors. Use of this word
includes, but is not limited to, the concept of reasonableness
and likelihood of success in achieving the project goal or
purpose.

( ) "Feasible alternatives" applies both to locations or
sites 5-nd to methods of design or construction, and includes a
"no action" alternative.

(-) "Federal consistency determination" is a determination
by the ASCMP Manager whether a proposed federal or federally
funded or permitted action is consistent with the enforceable
policies of the ASCMP.

( ) "Federal government" is the government of the United
States of America.

"Federal or federally excluded lands" are defined as
lands -Ehe use of which is by law subject solely to the discretion
of or which is held in trust by the federal government, and
includes lands owned, leased, or held in trust by the Federal
Government.

( ) "Fill" means rock or soil not containing any foreign
matter, manmade or otherwise. The act of placing fill.

( ) "Flooding" means the inundation of normally dry land
areas @_djacent to a stream, bay, or coast which is caused by
storm runoff, storm surge, or tsunami.

( ) "Floodplain" means the area adjoining a stream, bay, or
coast Ehf-at is subject to flooding.

"Grandfathered use" means any legally authorized use or
struct5-re existing at the time of the enactment or subsequent
amendment of the Rules, but not in conformity with its
provisions. Grandfathered uses may be continued with the
following limitations. Any use or building which does not conform
to the provisions of the Rules may not be:

a. Changed to another "grandfathered use."

b. Re-established after discontinuance for a period of
one year or more.

c. Extended except in conformity with the Rules.

"High tide line" means the line of intersection of the
land w71-th the water's surface at high tide. The high tide line
may be determined in the absence of actual data by a line of oil
or scum along the shore, objects, a more or less continuous
deposit of fine shell or debris on the foreshore or berm, other
physical markings or characteristics, vegetation lines, tidal
gauges, or other suitable means.

( ) "Hydric soil" refers to a soil that is saturated,
floodea-or ponded long enough during the growing season to
develop anaerobic conditions in the upper part.

( ) "Impact" means the consequence of a course of action or
effect of a plan or permit decision which results in modification
to existing conditions.

( ) "Land Use Permit" (LUP) means a written authorization
signed--by the Director on an approved form, that authorizes a
specified party to undertake a specified project, use, or action.

(-) "Major facility" includes, but is not limited to,
construction or major repair of water or sewage treatment plants,
roads, highways, seaports, airports, aids to navigation, power
production, distribution and transmission facilities, major
recreation areas, national defense installations, solid-waste
disposal areas and facilities, and water supply systems.

( ) "Major project" means a proposed project, use or action
which is likely to have significant adverse impact to coastal
resources, including actions that:

a. will create a new, or relocate an existing,
discharge of pollutants to ocean, surface, or ground waters;

b. will result in substantial increases in the volume
of discharge or the loading of pollutants from an existing
source or from new facilities to receiving waters;

c. are known to, or are expected to, have a
significant impact on the quality of the human environment,
either individually or cumulatively;

d. are known or are predicted not to be cost-effective
or might be associated with significant public controversy;

e. are classified as a major facility;

f. will involve landfilling, excavation, disposal of
dredged materials, mining, quarrying, or incineration
activities that may cause adverse impacts;

g. will involve dredging or filling in marine or fresh
waters, point source discharge of water or air pollutants,
noise pollution, ocean dumping, or artificial reef
construction;

h. have the potential for adverse impacts on submerged
lands, reef systems, groundwater recharge areas, cultural
areas, historic or archaeological sites and properties,
SMA's, pristine ecosystems, mangroves, wetlands, beaches,
areas of scientific interest, recreational areas,
undisturbed native vegetation, and endangered or threatened
species habitat;

i. will involve large-scale commercial agriculture or
mariculture facilities or include silviculture or timber
operations;

j. may cause underground injection of hazardous wastes
or fluids used for extraction of minerals or oil, or of
certain other fluids with potential to contaminate ground
water;

k. constitute a project, action, or program under the
direct or indirect jurisdiction of a federal agency,
including:

1. those carried out by or on behalf of the
agency;

2. those carried out with federal financial
assistance;

3. those requiring a federal permit, license, or
approval; and

4. those subject to territorial or local
regulation administered pursuant to a delegation or
approval by a federal agency.

1. in the view of any single agency member of the
Board, are found to have the potential for a significant
adverse impact on coastal resources;

M. any project, use or action that is located within
an SMA; or

n. cost of which is greater than $250,000.

"Matai" means the titled head of a Samoan extended
family.

"Minor project" means any project, use or action which

may have an adverse impact on coastal resources, particularly
when viewed within the context of the cumulative impacts or other
uses; except, where the location of project is within or may
adversely affect coastal resources listed in major project list
paragraph h., in which case the project shall be deemed a "major
projects." Minor projects include the following:

a. construction of a single family home;

b. construction of structures or extensions to
existing structures not exceeding 120 square feet;

c. utility connections (water, sewer and/or
electricity); and

d. temporary (not exceeding thirty (301 days)
structures, uses or activities.

( ) "Mariculture" means the culture or commercial
producTI-on of marine plants or animals for research or food
production.

( ) "Nearshore waters" means those waters within the
territorial sea, presently defined as those waters within three
nautical miles of the shoreline.

( ) "NEPA" means the National Environmental Policy Act of
1969, f-ublic Law 91-190, 42 USC 4321-4347, as amended.

( ) "Ordinary high water mark" means that line on the shore
establi-shed by the fluctuations of water and indicated by
physical characteristics such as a clear, natural line impressed
on the bank, shelving, changes in the character of soil,
destruction of terrestrial vegetation, the presence of litter and
debris, or other appropriate means that consider the
characteristics of the surrounding areas.

"Permit" means a certificate, license, approval, or
similar form of permission required by law.

"Person" includes any individual, partnership, firm,
associ tion, trust, estate, private corporation, an agency of the
territorial or federal governmentor or other legal entity.

( ) "Public need" means a need of the people of the
Territory as opposed to the needs of an individual or group of
individuals. In assessing whether there is a public need, one
must look at the basic service provided and to whom the service
is provided. The basic purpose must be one for which a village,
group of villages, county, district, or the territory, has a
demonstrated need.

"Pulenulu" means the official representing central
government in a village; the village mayor.

(-) "Rules" mean the above and foregoing Administrative CZM
Rules, including the Annexes, adopted pursuant to authority
granted the Development Planning Office (DPO) under Public Law
21-35, the American Samoa Coastal Management Act of 1990 24.0501
et seq., ASCA.

(- ) "Shoreline" means the boundary line between a body of
water and the land, measured on tidal waters at mean high-tide
and nontidal waterways at the ordinary high-water mark.

( ) "Sound agricultural practices" means the use of methods
and teEh-inologies that maximize the potential for the long-term
maintenance of soil fertility, and which minimize the escape of
soil particles or agricultural chemicals to receiving waters.

"Special Management Areas" (SMA) are those areas duly
design_@ited by the Act or the Rules that possess unique and
irreplaceable habitat, products or materials, offer beneficial
functions or affect the cultural values or quality of life
significant to the general population of the Territory and the
fala Samoa.

(-) "Stream" means a natural pathway for surface water
drainage or runoff, often intermittent in flow, and usually
characterized by unique riparian plant and animal communities.

(-) "Subsistence" when used in regard to hunting, fishing
and agricultural activities means the taking, gathering or
growing of animals, fish, sea creatures or vegetation
historically used in the Samoan islands and taken, gathered or
grown by traditional methods for the personal use of the taker
and immediate family. Subsistence hunting, fishing and
agricultural activities do not include commercial, for profit or
for barter activities. Such activities, while ordinarily exempt
from the need for a LUP, are not exempt from compliance with
other federal or territorial laws or regulations.

(- ) "Sustained yield" means a resource management concept
used to achieve a balance between the rates of renewable resource
consumption and renewal, recruitment, or productivity.

"Territory" means American Samoa.

"Threatened, endangered or a species of concern" means
a species listed by DMWR as being threatened, endangered or a
species of concern.

"Tidal waters" means those waters that rise and fall in
a predictable and measurable rhythm or cycle due to the

gravitational pulls of the moon and sun. Tidal waters end where
the rise and fall of the water surface can no longer be
practically measured in a predictable rhythm due to masking by
hydrologic, wind or other effects.

"Traditional Samoan uses" means low-intensity or
low-density traditional subsistence or communal uses and
practices, which use traditional methods and materials. Such
uses may not surpass the "sustained yield" of any given resource.

( ) "Water-dependent" means a project, use, or action,
which can be carried out only on, in or adjacent to water areas
because it requires access to water.

(-) "Water-related" means a project, use, or action which
is not directly dependent upon access to a water body, but which
provides goods or services that are directly associated with a
water-dependent use.

(-) "Watershed" means a distinct area bordered by features
of higher elevations that is usually accented by surface drainage
leading to the ocean.

"Waters of the United States" means:

a. all waters which are currently used, or were used
in the past, or may be susceptible to use in interstate or
foreign commerce, including all waters which are subject to
the ebb and flow of the tide;

b. all interstate waters including interstate
wetlands; and

C. all other waters such as intrastate lakes, rivers,
streams (including intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows,
playa lake's, or natural ponds, the use, degradation or
destruction of which could affect interstate or foreign
commerce including such waters:

i. which are or could be used by interstate or
foreign travelers for recreational or other purposes;

ii. from which fish or shellfish are or could be
taken and sold in interstate or foreign commerce; or

iii. which are used or could be used for industrial
purposes by industries in interstate commerce.

d. all impoundments of waters otherwise defined as
waters of the United States under the definition;

e. tributaries of waters identified in paragraphs (a)
thru (d) above;

f. the Territorial seas; and

g. wetlands adjacent to waters (other than waters that
are themselves wetlands) identified hereinabove.

( ) "Wetlands" means those areas that are inundated or
satur@-ted by surface or ground water at a frequency and duration
sufficient to support and under normal circumstances do support,
a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include but are
not limited to swamps, marshes, mangroves, streams, springs,
cultivated marsh, and similar areas.

(-) "Work" includes site clearing, dredging, excavating,
filling or grading, delivery of construction materials, or
erection or siting of temporary or permanent structures.

26.0205 Interagency coordination.

a. All territorial executive, autonomous, or
legislative agencies and their employees shall conform to
the Rules, and shall endeavor to ensure their activities, or
the possible indirect result of their activities, further
the purposes, objectives and policies of the Act.

b. The Director shall schedule periodic meetings or
workshops with the Board member agencies in order to ensure
that practices and procedures under the Rules are fully
understood to maximize coordination, thoroughness, and
attainment of the purposes, objectives and policies of the
Act and the Rules.

26.0206 Estab'lishment of the Project Notification and Review
System; members of the PNRS board; and conduct of meetings.

a. There is established and consolidated within the
DPO a Project Notification and Review System. The PNRS
shall be administered by the Board. Members of the Board
shall be the directors/managers or their designee of the
following Territory agencies and departments which have
permitting or regulatory authority over land use development
and/or environmental matters: Development Planning
Office/American Samoa Coastal Management Program
(DPO/ASCMP); American Samoa Environmental Protection Agency
(ASEPA); American Samoa Power Authority (ASPA); Department
of Health; Department of Marine and Wildlife Resources
(DMWR); Department of Parks and Recreation/American Samoa
Historic Preservation Office (DPR/ASHPO); and Department of
Public Works (DPW). The Director shall appoint an ex

officio chairperson. ASCMP shall provide support staff for
the Board and all necessary supplies.

b. The Board shall convene at times and places as
determined by the Board. Minutes of all meetings shall be
kept and shall be reviewed and approved by the Board and
made available to the public upon request. Board
proceedings shall be informal and presided over by the
Chairperson. The presence of four (4) members shall
constitute a quorum. Unless otherwise provided by the Rules
all actions taken by the Board shall be by majority vote of
those present or voting by proxy. All action by the Board
shall be by vote and publicly cast. Each member agency
shall have one vote.

c. All meetings of the Board shall be open to the
public and notice given. The Board may adjourn and
reconvene in executive session for the purpose of consulting
with staff regarding legal and personnel matters. Minutes
of the executive session are confidential and shall be
stored in such a manner to protect confidentiality.

d. All Board members participating in decisions
regarding A LUP shall do so in fair and impartial manner.
They shall not participate in decisions on a LUP where there
exists an appearance of or an actual conflict of interest.
In the event any member agency of the Board submits a LUPA
for approval of a project to be conducted by that agency,
that agency shall be recused from voting on the proposed
project. A representative of a Board member agency who is
recused hereunder shall be counted for purpose of
determining a quorum.

e. Pursuant to ASCA 24.0506, any agency of the
Territory may be called upon by the Board to advise on
projects relevant to their particular authority or
jurisdiction.

26.0207 Land Use Permit Application (LUPA) procedures, fees and
Penalties.

a. Applicability. All persons proposing to undertake
any action which may cause or threaten an adverse impact to
coastal resources shall apply for a LUP except where
specifically exempted by law. No physical project work,
including site preparation, grading, or excavation, may
commence without a LUP.

b. Burden on applicant. In all cases, the burden is
on the applicant to obtain the proper permits required for
the project prior to commencement of the work. Federal
permits may also be necessary for certain projects. ASCMP

will make reasonable attempts to assist a LUP applicant with
federal permit application requirements; however obtaining
federal and territorial permits and approvals, such as from
the Zoning Board and the Territorial Planning Commission,
remains the responsibility of the applicant.

c. Preapplication consultation. A preapplication
consultation will be held between prospective LUP applicants
and ASCMP to determine the likelihood of the project, use or
action being proposed having an adverse impact on coastal
resources requiring a LUP. If so determined, ASCMP shall
make a preliminary determination whether the project
constitutes a major or minor project and shall assist the
applicant in identifying the information required to submit
a LUPA. ASCMP shall also assist the applicant in
understanding the applicable provisions and procedures of
the Act and the Rules and shall assist the applicant in
scheduling any necessary subsequent meetings.

d. Scoping meetings for major projects. For those
projects, uses or activities of sufficient complexity that
benefits might be derived from preliminary assessment by
several agencies, a scoping meeting of the Board, and other
invited agency and members of the public, may be requested
by the prospective applicant or any member of the Board.
Such scoping meetings shall be solely for the purpose of
discussing conceptually the proposed project, in order to
obtain preliminary feedback as to the type and degree of
impact analysis that may be required, and determine, if
possible, the array of local and federal permits that may be
required.

e. When to file. LUPA forms shall be made available
at the DPO office and at such other locations as may from
time to time be designated. The completed LUPA shall be
filed with the DPO for review at any time during normal
business hours.

f. Application package. The LUPA shall be accompanied
by a vicinity map, a site plan, plus any supporting
documentation that may be required by law or the Rules. All
information submitted with the application or at any other
time in the review process shall be public information,
except that certain proprietary information, not material to
a review of project compliance, may be withheld if requested
in writing to the Director and such request is approved.
Site plans must include topographic data at a scale
appropriate to discern the principal features of the site.

g. Information requirements. The LUPA shall contain
at a minimum the following information:

1. applicant's name, mailing address and
telephone number;

2. applicant's representative, if any, and
architect or engineer or contractor, if any, including
their mailing address and telephone number;

3. applicant's interest in the project site,
e.g-, owner, lessee, etc.;
4. landowner or matai for the project site;

5. signature of matai if communal land;

6. signature of pulenulu if communal land;

7. signature of secretary of Samoan Affairs if
communal land;

8. signature of governor if government land;

9. copy of legal title to the land if privately
owned land;

10. copy of lease or license agreement if title
is held under such agreement;

11. project name and description;

12. concise written narrative describing the
project and its function;

13. site description and location;

14. construction methods, including dredge, fill,
or excavation requirements, if any;

15. total project cost and funding source if
federal funds are involved;

16. distance of project from the shoreline if
project is located within two hundred feet (2001) of
the shoreline;

17. existing contours and proposed final grading
of the site, including the existing and proposed
drainage plan, a description of adjacent and down slope
sites and a narrative of how the proposed drainage plan
will impact those sites;

18. erosion control plan, or provisions, necessary
to reduce nonpoint source pollution;

19. current and projected utility requirements and
connections, including streets, sewer, waterf
electricity, fuel (including storage onsite) and all
existing and proposed line locations, including size
and engineering requirements;

20. statement of compliance with the policy
objectives of the ASCMP;

21. copies of all correspondence on the project
with the Board member agencies or any other
governmental agency; and

22. copies of all federal permits or applications
or documentation from the appropriate agency showing
that the project is being carried out pursuant to an
existing federal permit, license, or grant.

h. Declaration of applicant. An LUPA shall include a
signed declaration by the applicant that the information
supplied in the LUPA and its exhibits and attachments is
true and correct, under penalty of law.

i. Fees. At the time of issuance of the LUP, payment
of a fee is required. The "Cost of Project" shall be
determined in accordance with the Uniform Building Code as
adopted in the Territory, and shall include all improvements
associated with the project. There shall be no fee for
government agency-funded projects or projects of nonprofit
U.S. Internal Revenue Code 501(c)(3) corporations; however,
a LUPA and LUP is required. Fees shall be set in accordance
with the following fee schedule:

MINOR PROJECTS: $10

MAJOR PROJECTS:

Cost of Prolect Fee

Less than $10,000 $ 10

$10,000 to $29,999 25

$30,000 to $49,999 50

$50,000 to $249,999 150

$250,000 to $499,999 300

$500,000 to $1,000,000 $500

For each additional $1,000,000 increment or portion thereof,
there shall be assessed an additional fee of $500.

j. Penalty for filing after work commenced. In
addition to the LUP fee and other penalties provided by law
or the Rules, a penalty of $100 or 200% of the LUP fee,
whichever is the greater, shall be assessed for a project
for which physical work has been commenced prior to
receiving the necessary licenses, permits, determinations or
approvals.

k. In the case of work commenced without applicable
permit[s], should the Board determine that the applicant is
not eligible for a LUP, the applicant shall restore the site
to its pre-work condition. If the applicant refuses or is
unable to take the required remedial action the Territory
shall perform the necessary remedial action for which the
applicant shall be financially responsible.

26.0208 Review of major and minor LUPA.

a. Acceptance for review. Upon filing the
application the ASCMP Manager shall initiate a review to
ensure that the application is complete, that the vicinity
map and site plan are acceptable, and that all other
necessary documentation is attached. If any additional
information is required the applicant will be notified;
however, responsibility for completing the application
ultimately lies with the applicant. Once all necessary
materials are submitted by the applicant the ASCMP Manager
shall: make a determination of whether the project is a
major or minor project; make a determination of acceptance
for review; and notify the applicant.

b. Public notice.

1. Minor projects. Upon acceptance for review
ASCMP shall post notice of the application at the DPO
which notice shall remain posted for three (3) business
days. No action on the permit can be taken during the
notice period. The notice shall contain: the status of
the project review; a statement that a record of the
project proposal is available for public inspection;
and a statement that public comments will be
considered.

2. Major projects. Upon acceptance for review
ASCMP shall post notice in the DPO which shall remain
posted until a final decision has been made.
Additionally, the notice shall be published in a
newspaper of general circulation in the Territory, at
least one (1) week prior to the Board's review. The

notice shall contain: the status of the project review;
a statement that a record of the project proposal is
available for public inspection; a statement that
public comments will be considered; and information on
the procedures by which the public may request a public
hearing. The applicant shall be given at least seven
(7) days written notice of the meeting.

C. Site visit. ASCMP shall conduct a site visit and
prepare a report prior to taking action on any LUPA. The
report shall be maintained as part of the application
record. For major projects ASCMP shall coordinate a site
visit for the Board.

d. Review standards. The proposed project shall be
reviewed in accordance with the Act and the Rules. The
issuance of an approved or conditional LUP does not relieve
an applicant from complying with other required territorial
or federal permits, licenses, clearances, or approvals which
may be required by law or regulation.

e. Redesignation of a project from minor to major.
During the notice period, any Board member may redesignate a
minor project to a major project. The justification for the
redesignation shall be stated in writing and made a part of
the permanent record.

f. minor project review. minor projects shall be
reviewed by ASCMP. ASCMP may consult with diverse
government agencies for technical assistance. A decision
shall be issued no more than three (3) business days from
the close of the notice period unless any Board member has
redesignated the project.

g. Major project review. Major projects shall be
reviewed,.evaluated and a decision made by the Board at a
regular meeting or at a special meeting. Failure of the
applicant or a designee to appear without giving twenty-four
(24) hours notice authorizes the Board to consider the
application as abandoned. A decision on a LUPA for a major
project shall be issued within forty-five (45) days of its
acceptance for review, unless the following occurs:

1. additional information is requested by any
Board member agency in order to properly evaluate the
project;

2. a public hearing is held; or

3. the Board determines, by majority vote of the
entire Board, that an EA or an Alternatives/Mitigation
Plan (AMP) is necessary to properly evaluate the

project.

The forty-five (45) day period for review shall commence
upon receipt of the additional information required, the
date the public hearing is concluded, or the acceptance by
the Board of a final EA or AMP, as the case may be.

h. Public hearings. A public hearing on a major
project shall be held in or near the village in which the
project is located in the event:

1. a request is made in writing to ASCMP by any
Board member agency, by any other territorial or
federal agency, by any publicly funded organization
representing no less than twenty-five (25) members, by
any landowner or occupier within two hundred feet
(2001) of the project site, or by no less than twenty-
five (25) members of the public; or the project
includes the construction of major facilities;

2. a public hearing shall be called as soon as
practicable after the determination is made to hold a
public hearing, but in no event shall a public hearing
be held with less than fourteen (14) days notice posted
at the DPO, and published at least once a week for two
(2) consecutive weeks in a newspaper of general
circulation in the Territory. The applicant shall be
responsible for posting and publication of the notice
on forms provided by ASCMP.

3. the Board may exempt major projects which are
funded by a federal grant that have had a public
hearing as part of the grant process from the
requirements of paragraph 2 above. In such case the
record of the prior public hearing shall be filed with
the Board.

26.0209 PNRS review of major projects.

a. Written technical findings shall be prepared by
each Board member with jurisdiction. If additional permits,
e.g., water quality certification, are required, those Board
members with jurisdiction shall comment on the requirements.
If appropriate, project modifications, alternatives or
mitigating conditions shall be proposed. If a project is
found by a Board member not to be in compliance, or capable
of complying, with the requirements of the board member's
agency, a written basis for such determination shall be
provided to the Board.

b. Technical findings and recommendations of the Board
and public comments shall be maintained as a part of the

record and shall be considered by the Board in making its
decision.

c. Upon review of the entire record, including
technical findings, supporting documentation and public
comments, the Board shall determine whether or not the
proposed project, use or action complies, or reasonably can
be conditioned to comply, with the Act and the Rules, and
with each agency's respective jurisdiction and permitting
authority. An approved or conditional LUP requires a
unanimous vote of the Board members present. The Board's
decision shall include written findings of fact and
conclusions of law.

26.0210 General standards and criteria for review.

a. All approved projects shall meet all of the
requirements of the Rules, the ASCMP Statement of Policies
and Objectives, ANNEX A, and the ASCMP Statement of
Permissible, Conditional, and Prohibited Uses, ANNEX B,
attached hereto and incorporated herein.

b. As a requirement for approval, all projects shall
satisfy or be conditioned to satisfy the following criteria:

1. the proposed project shall not cause or
threaten a substantial, or potentially substantial,
adverse change in or upon coastal resources;

2. the proposed project shall be compatible with
existing adjacent uses and adopted plans;

3. that no alternative site exists for the
proposed project and that no alternative construction
methods exist which could avoid or lessen any adverse
impacts to coastal resources;

4. the proposed project will not cause an
excessive demand on existing facilities and services;

5. public access to the shoreline is maintained;
and

6. adequate space is provided between the
proposed project and identified hazardous lands,
including floodplain, erosion-prone areas, landslide
hazard areas, storm wave inundation areas, air traffic
patterns and sound zones, and major seismic fault
lines.

c. Unless it can be demonstrated that a proposed
development does not pose unreasonable risks to the health,

safety, or welfare of the people of the Territory, and
complies with applicable laws, a project which does not
provide adequate setback from hazardous lands is not in
compliance with the ASCMP and shall be denied.

26.0211 Conditional LUP.

a. All LUP conditions shall be incorporated into final
design plans which shall be submitted to each Board member
agency having jurisdiction and permitting authority over the
conditions imposed, who shall be responsible for its
enforcement.

b. A performance bond or cash equivalent may be
required by the Board if a failure to adhere to the terms
and conditions of a LUP may result in or threaten damage to
coastal resources, including beyond the boundaries of the
project site.

C. All conditions imposed on a LUP shall be for the
term of the permit unless otherwise stated.

26.0212 LUP, issuance, duration and affirmative duties of
applicant.

a. Upon a determination by the ASCMP Manager in the
case of a minor project, or recommendation of the Board in
the case of a major project, the ASCMP Manager shall certify
whether the application complies with the Act and the Rules.
The Director shall, then, based upon such certification,
approve, approve with conditions, or disapprove the LUPA.

b. Physical development of the project which is
approved under a LUP shall commence within one (1) year of
the date the LUP is issued, and shall be completed within
two (2) years of the date of issuance. If physical
development of the project is not commenced within the one
(1) year period, the LUP shall be voidable by the Board. If
the project is not completed within the two (2) year period
the Board may extend the permit duration.

c. If work is discontinued for a period of one (1)
year or more, that LUP is considered abandoned and a new
LUPA is required.

d. Legally authorized uses which predate the Rules are
grandfathered subject to subparagraph c above.

e. The holder of an approved LUP shall be under an
affirmative duty to notify the ASCMP Manager within three
(3) days if any of the following events occur:

1. the holder has knowledge of any information in
the LUPA which was untrue at the time of its
submission;

2. the holder has knowledge of any unforeseen
adverse impacts of the project; or

3. prior to the completion of the project, the
holder of the LUP transfers, conveys or assigns his
legal or equitable interest in the project to a
successor in interest. The holder shall also be under
an affirmative duty to advise the transferee of the
existence and terms of the LUP.

26.0213 LUP, contents. The LUP shall be issued on a standard
form prepared by the DPO, and shall contain at a minimum the
following information:

a. purpose and scope of the LUP;

b. all conditions imposed by the Board;

c. duration [if temporary] of the LUP;

d. notice of the right of ASCMP or member agencies of
the Board to periodically inspect the project; and

e. notice that any substantial deviation from the
purpose and scope of the LUP, or any violation of the
conditions of the permit, shall subject the permittee to
financial penalties and or revocation of the permit as
listed in 26.0219 and 26.0220 of the Rules.

26.0214 LUP, amendment. An amendment to a LUP shall be
required of all projects before they are significantly altered or
substantially expanded. The amendment shall require submission
of a revised LUPA. Alterations and expansions requiring an
amended LUP include, but are not limited to:

a. a project change which increases the project cost
by 25% or more;

b. a project change which increases the square footage
of the project by 10% or more;

c. a modification of the site plan which causes new or
increased adverse impacts on coastal resources; or

d. a change in the proposed use.

26.0215 States of emergency, exemptions.

a. Upon a declaration a state of emergency by the
Governor, due to a natural catastrophe or other act of God,
the provision of emergency services or repairs is necessary
for the public good, an interim exemption may be granted.
The interim exemption shall be issued in writing to the
agency providing the emergency services or repairs, shall be
accompanied by written findings of fact and conclusions of
law, and shall allow the stated activities to occur without
a LUP for a period not to exceed ninety (90) days. Such
notice shall be published at least once a week for two (2)
consecutive weeks in a newspaper of general circulation in
the Territory, and shall specify the duration of the
exemption and cite the reasons for the exemption. The
exemption does not relieve the agency from compliance with
all other applicable Territorial and federal laws and
regulations, to the maximum extent practicable.

b. An applicant may seek a special exemption by
application to the Board under the following procedures:

1. to conduct a prohibited use as defined in
ANNEX B the applicant shall submit a petition for
special exemption to the Director. The petition shall
state facts sufficient to establish conformity with the
special exemption requirements listed below. The
petition shall include all information required for a
major project, a plan for the proposed action which
provides a detailed description of the site, the
surrounding area, the proposed action, the location of
all existing and proposed roads, structures, utilities,
watercourses and wetlands, all proposed actions to
prevent adverse effects, all proposed actions to
mitigate adverse effects or restore the site, and a
statement indicating why the proposed action is
necessary at this site in the manner proposed.

2. The Board may grant, by unanimous vote, a
special exemption if the applicant demonstrates that:

A. literal enforcement of the applicable
provisions of the Act and the Rules will cause the
I
applicant undue hardship, excluding economic
hardship; and

B. such hardship results from conditions
peculiar to the applicant's property; and

C. such conditions could not reasonably have
been anticipated by the ASCMP when the rules were
adopted; and

D. the applicant's plan for the proposed

action minimizes any disturbance to the site and
any affected area or neighboring property and
demonstrates that all reasonable steps will be
taken to restore and mitigate any adverse effects;
and

E. no other feasible alternative sites or
activities exist; and

F. the applicant agrees in writing to abide
by the plan submitted under penalty of the total
cost to restore the site to its existing
condition; and

G. the proposed project is consistent with
the spirit, purpose, and intent of the Act.

3. A petition for special exemption shall be
reviewed and considered by the Board pursuant to the
same procedures applicable to a major project, except
that a public hearing shall be held, pursuant to the
same notice requirements as for a public hearing on a
major project. If a special exemption is granted by
the Board, within thirty (30) calendar days following
the date of the decision notice of same shall be
published once a week for two (2) consecutive weeks in
a newspaper of general circulation in the Territory.

4. Nothing herein shall be interpreted so as to
permit an exemption from the provisions protecting
SMA's found in 26.0225, et seq. of the Rules.

26.0216 Monitoring and regulation, authority and duty.

a. The ASCMP Manager shall have the authority and duty
to investigate, monitor and regulate any and all projects,
uses and activities that require a LUP pursuant to the Act
and the Rules.

b. An application for a LUP shall constitute consent
by the applicant that representatives of ASCMP, or any Board
member agency, may enter the site of a proposed project, use
or action, at any reasonable time, for the purpose of
inspecting the site or the use or action being conducted
thereat, before or after issuance of a LUP.

c. Upon reasonable cause to believe a violation of the
Act or the Rules is taking place, the ASCMP Manager, or the
Board, may petition the Territorial High Court, pursuant to
the Revised Constitution of Territory and applicable law,
for a search warrant to search the site of the project, use
or action, regardless of the LUP status of the site.

d. If the ASCMP Manager or the Board has reasonable
cause to believe a criminal offense has been committed under
the Act, it shall promptly be reported to the Office of
Attorney General. These provisions do not limit the
authority of a Board member to report offenses to the
Attorney General.

26.0217 Reserved.

26.0218 Stop work order.

a. The ASCMP Manager, upon finding reasonable cause to
believe that a project, use or action violates one or more
provisions of the Act, the Rules, or the terms and
conditions of a LUP, or that an imminent threat exists may
issue a "stop work order". The stop work order shall:

1. specify the provisions of law or the LUP
alleged to be violated, and include a statement of
facts or conduct constituting the violation;

2. state the corrective measures, if any,
necessary to satisfy compliance with the Act and the
Rules, including but not limited to, immediate removal
of any fill, structure, or other material, and provide
for a time period in which compliance shall be
effected; and

3. state that sanctions specified by the Act and
the Rules may be imposed unless the corrective measures
are taken in the time period provided, and advise that
the stop work order may be contested as provided in
subsection c below. At the discretion of the ASCMP
Manager, the stop work order may authorize specific
mitigation work.

b. The stop work order shall be personally served upon
the LUP holder, if any, or the person in charge at the site
of the project, use or action, and shall be posted at the
site. Copies of the stop work order shall be sent to the
Building Branch Manager, DPW, and each Board member agency.
It is a violation of the Rules to remove or otherwise deface
a posted stop order.

c. A stop work order may be contested by its recipient
upon giving notice, in writing, to the ASCMP Manager within
five (5) days of service of the stop work order. The notice
shall state the grounds for the contest.

d. In the event a stop work order is contested, the
ASCMP Manager shall schedule a hearing before the Board at
its next regularly scheduled meeting and notify the

contestant at least twenty-four (24) hours before the
hearing. The Board may approve, approve with conditions, or
overturn the stop work order by a unanimous vote.. A
decision shall be rendered within thirty (30) days of the
hearing and be accompanied by findings of fact and
conclusions of law.

e. In the event the recipient of a stop order does
not comply with the terms of the order or the decision of
the board, if appealed, the matter shall be referred to the
American Samoa Attorney General. The Attorney General is
authorized to petition the High Court of American Samoa for
injunctive relief to obtain compliance.

26.0219 Revocation of LUP.

a. If the ASCMP Manager determines that a holder of a
LUP has violated a provision of the Act, the Rules or LUP,
or that an imminent threat exists to the public's health,
safety, or welfare, a LUP may be revoked pending a hearing
before the Board. The hearing before the Board shall be
conducted pursuant to the procedures for suspension or
revocation which follow.

b. Revocation of LUP.

1. Where a LUP holder is in violation of the Act
or the Rules or any provisions of a LUP or its
conditions, or where there has been a violation of a
Stop Work Order the ASCMP Manager shall initiate
revocation proceedings by issuing a notice of
revocation to the LUP holder, citing the nature of the
violation, the legal authority for the proposed action,
and the time and date of a hearing to be held before
the Board. The LUP holder shall be given at least
seven (7) days notice of the hearing.

2. The Board may revoke a LUP based upon any of
the grounds for bringing an enforcement action.

3. Upon revocation of a LUP no further work other
than emergency mitigation measures ordered by the ASCMP
Manager shall be done on a project, use or action until
an amended or new LUP has been applied for and obtained
pursuant to the Act and the Rules.

26.0220 Penalties.

a. As provided in ASCA 24.0509; and

b. In addition to any civil or criminal penalty, the
applicant shall immediately restore the site to the pre-

offense condition at no cost to the Territory.

26.0221 Appeals.

a. Any person with standing who is aggrieved by any
decision of the ASCMP Manager or the Board may appeal the
decision.

b. The following have standing to appeal a decision of
ASCMP:

1. the applicant for the LUP;

2. any landowner or occupier within 200 feet of
the site of the project, use or action; or

3. any Board member agency.

C. The following have standing to appeal a decision of
the Board:

1. the applicant for the LUP;

2. any landowner or occupier within 200 feet of
the site of the project, use or action;

3. Any publicly funded organization representing
no less than twenty-five (25) members; or

4. No less than twenty-five (25) members of the
public who can demonstrate the decision being appealed
impacts the public health, safety, or environmental
welfare.

26.0222 Appeals of minor LUP decisions.

a. An appeal of a minor LUP decision shall be made in
writing and filed with the Director within ten (10) days of
the date of the decision.

b. The appeal shall contain the following information:

1. name, mailing address and telephone number of
appellant and basis for standing as set forth in
26.0221 b. of the Rules;

2. a description of the decision being appealed;
and

3. a written statement of the factual or legal
basis for the appeal, including such new evidence as
may be proffered.

C. The appeal of a minor LUP decision shall be heard
by the Board at a regularly scheduled meeting or special
meeting held for purpose of hearing the appeal no less than
ten (10) days and no more than thirty (30) days after the
filing of the appeal. The appellant and any party who has
filed written comments on the matter to be heard shall be
given no less than seven (7) days notice of the hearing.

d. The Board shall review the entire record of the
matter under appeal, any new evidence submitted and
arguments made, and rule on the appeal de novo. A
recommendation to the Director by the Board overturning a
minor LUP decision requires a unanimous vote and shall
contain written findings of fact and conclusions of law.

26.0223 motion to reconsider.

a. No appeal of a decision of the Board shall be
allowed unless a motion to reconsider is filed with the
Board within ten (10) days of receipt by the applicant of
the Board decision being appealed. Motions to reconsider
shall be heard by the Board at a regularly scheduled meeting
or special meeting held for purpose of hearing the motion no
less ten (10) days and no more than thirty (30) days after
filing. The moving party and any party who has filed
written comments on the matter to be heard shall be given no
less than seven (7) days notice of the hearing.

b. The motion to reconsider shall contain the
following information:

1. name, address and telephone number of the
moving party and basis for standing as set forth in
26.0221 c. of the Rules;

2. a description of the decision being moved for
reconsideration; and

3. a written statement of the factual or legal
basis for the motion, including such new evidence as
may be proffered.

c. The Board, by majority vote, may grant or deny the
motion to reconsider, or may modify or amend its previous
decision, except that any decision which results in an
approval or amendment of a LUP for a major project shall
require a unanimous vote.

26.0224 Appeals from the Board, final decisions.

a. Appeals of Board decisions shall be filed within
ten (10) days of receipt by the applicant of the Board

decision being appealed, provided such appeal is submitted
in writing to the Director and contains the information
required for a motion to reconsider.

b. Within twenty (20) days of receipt of the appeal
the Director shall appoint a panel of at least three persons
to review such appeals and recommend appropriate action to
the Director. None of the panel members shall have
participated in the action under appeal. To the extent
practicable, the panel shall include persons knowledgeable
in the areas of environmental regulation, economic
development and land use planning. At least one of the
panel members shall be a qualified attorney. The panel
shall consider the case on the record and arguments of the
parties and thereafter submit written findings as provided
below.

c. The appeals board shall make its recommendation to
the Director within sixty (60) days of its appointment. The
Director shall, within ten (10) days thereafter, make a
final decision and adopt findings based on the entire
record, which shall be reviewable in Territorial High Court
pursuant to the Administrative Procedures Act.

26.0225 Special Management Areas.

a. The following SMA's are established:

1. Pago Pago Harbor SMA is delineated by a line
drawn from the Rainmaker Hotel to the jetty at Leloaloa
and includes all land and water resources on the sami
(ocean) side of the Main East-West Highway paralleling
the shoreline around the harbor;

2. The pala, or wetland area, of the village of
Leone is delineated by a line drawn parallel with the
shoreline at the ocean terminus of the Leafu stream,
plus associated wetlands as determined by ASCMP using
wetlands delineation techniques established in the 1989
Federal Manual for Identifying and Delineating
Jurisdictional Wetlands, or revised standards as
adopted by the U.S. EPA; and

3. The pala, or wetland area, of the village of
Nuluuli is delineated by a line drawn from the eastern
most point of the airport to the nearest part of
Coconut Point, and including all water resources of the
lagoon, plus associated wetlands as determined by ASCMP
using wetlands delineation techniques established in
the 1989 Federal Manual for Identifying and Delineating
Jurisdictional Wetlands, or revised standards as
adopted by the U.S. EPA.

b. Boundary maps, at a minimum of 111=2001 scale, for
all wetland areas included as SMA's shall be maintained for
public inspection at the DPO.

c. Any proposed project, use or action in a SMA shall
be deemed a major project, and all proposed projects, uses
or activities in any SMA, other than the Pago Harbor SMA,
shall require a public hearing pursuant to the same notice
requirements as for a public hearing on a major project.

26.0226 Procedures to establish SMA.

a. Pursuant to the Act, the Board is authorized to
recommend to the Governor areas of the Territory to be
designated as SMA, or propose to modify the established
boundary of any existing SMAs.

b. The following procedures shall apply to nominations
for designation or modification of the boundary of SMA's:

1. Proposals. Any territorial agency, any
publicly funded organization representing no less than
twenty-five (25) members, or no less than twenty-five
(25) members of the public, may propose to the Board
the nomination to the Governor of the designation or
modification of a SMA.

2. Supporting documentation. Proposals for the
designation or modification of SMAs shall include
detailed documentation supporting the proposal. The
documentation shall address the criteria for
consideration set forth in this section, and may
include other information pertinent to the area
proposed for designation or modification.

3. Public Notice. Within thirty (30) days of
recei pt by the Board of the proposal for designation or
modification, the Board shall cause to be published in
a newspaper of general circulation, at least once a
week for three (3) consecutive weeks, public notice of
the proposed designation or nomination. The Board
shall further cause such public notice to be personally
served upon the Secretary of Samoan Affairs and the
pulenulu of each village adjacent to the SMA. Such
notice shall describe the area involved, advise the
public that a record of the proposal is available for
inspection, that comments by the public will be
accepted for a period of forty-five (45) days from date
of first publication of the notice, that comments
received will be considered by the Board in reviewing
the proposal, and advising the public of the places and
dates of no less than two (2) public hearings which

shall be held in order to consider the proposal.

4. Technical findings. On all proposals to
designate or modify a SMA, technical findings on the
proposal and its potential impacts shall be prepared by
each Board member agency. The Board member agency
shall determine the appropriateness of the proposal to
that agency's respective jurisdiction and permitting
authority, and may further comment on the
appropriateness of the proposal under the Act and the
Rules. The technical findings shall be prepared and
made available to the public prior to the public
hearings, and shall be considered by the Board in
making its decision.

5. Public hearings. Within forty-five (45) days
of the receipt of a proposal for designation or
modification of the boundary of a SMA, no less than two
public hearings shall be held to consider the proposal.
One public hearing shall be held at a place convenient
to the general public. A second public hearing shall
be held at or as near as reasonably practicable to the
area affected by the proposal.

6. PNRS decision to nominate. Within thirty (30)
days of the closure of the comment period, upon review
of the entire record of the proposal for designation or
modification of a SMAF including technical findings,
supporting documentation, and public comments, the
Board shall determine whether or not the proposal
should be accepted for nomination to the Governor. The
Board may, in accepting a proposal for nomination, make
minor amendments to the proposal; provided that any
amendment which increases the size of the affected
area, or alters the nature of the designation, shall
require further public hearings in accordance with
subsection (5), above. A decision by the Board to
nominate, nominate with amendments, or deny the
proposal shall be accompanied by written findings of
fact and conclusions of law.

7. Upon a decision by the Board to nominate to
the Governor a proposal to designate or modify a SMA,
the ASCMP Manager shall certify the nomination as being
in compliance, or not in compliance, with the Act and
the Rules. If in compliance, the ASCMP Manager shall
transmit the nomination to the Governor for approval.
The nomination shall be either approved, or
disapproved, by the Governor within thirty (30) days of
receipt of the nomination. The Governor's decision to
approve, or disapprove, is final.

26.0227 Criteria for designation or modification of a SMA. In
reviewing a proposal for designation or modification of a SMA,
the Board shall consider whether the areas require special
management because they are:

a. areas of unique, scarce, fragile or vulnerable
natural habitat; have a unique or fragile physical
configuration; are of historical significance, cultural
value, or scenic importance (including resources on or
eligible for the National Register of Historic Places);

b. areas of high natural productivity or essential
habitat for living resources, including threatened,
endangered or species of concern;

c. areas of outstanding recreational value or
potential;

d. areas where developments and facilities are
dependent either upon the utilization of, or access to,
coastal waters or of geographic significance for industrial
or commercial development;

e. areas of urban concentration where shoreline
utilization and water uses are highly competitive;

f. areas which, if development were permitted, might
be subject to significant hazard due to storms, landslides,
floods, erosion, settlement, or salt water intrusion;

g. areas needed to protect, maintain, or replenish
coastal lands or resources, including coastal floodplain,
aquifers and their recharge areas, estuaries, coral reefs
and beaches; or

h. areas needed for the preservation or restoration of
coastal resources due to the value of those resources for
conservation, recreational, ecological, or aesthetic
purposes.

26.0228 Wetlands.

a. Limits of jurisdiction. The limit of jurisdiction
in the Territorial seas is measured from the baseline in a
seaward direction a distance of three nautical miles;

b. Tidal Waters of the United States. The landward
limits of jurisdiction in tidal waters:

1. extends to the high tide line, or

2. when adjacent non-tidal waters of the United

States are present, the jurisdiction extends to the
limits identified in paragraph (c) of this section.

c. Non-tidal waters of the United States. The limit
of jurisdiction in non-tidal waters is:

1. in the absence of adjacent wetlands, the
jurisdiction extends to the ordinary high water mark;

2. when adjacent wetlands are present, the
jurisdiction extends beyond the ordinary high water
mark to the limit of the adjacent wetlands; or

3. when the waters of the United States consists
only of wetlands, the jurisdiction extends to the limit
of the wetland.

(d) Wetland Buffer. A buffer zone around the wetland
delineated boundary will be established in the following
manner:

1. A twenty-five (25) foot buffer zone will be
established between the wetland delineated boundary and
any development which is stated below.

2. A fifty (50) foot buffer zone will be
established between the wetland delineated boundary and
commercial or industrial development.

(e) Prohibited Acts.

1. It shall be a violation of this Section for
any person to fill, make deposits on, or in any fashion
create or attempt to create, artificial land, or
augment or add to the natural shoreline of any coastal
area or wetland area or drain a wetland area without a
LUP or in violation of a permit. This section applies
to principals, their agents, and contributors.

2. It shall be a violation of this Section for
any person to fill, make deposits on, or in any fashion
attempt to create artificial land, or augment the area
within the buffer area of a wetland. This includes
alteration of the surface of the land, disturbance of
vegetation or alteration of the hydrology.

3. Any person who violates this section is guilty
of a class B misdemeanor and shall be subject to civil
fines according to law.

(f) Multiparameter Approach to Delineation of
Wetlands. Wetland delineation will be determined with

evidence of a minimum of three positive indicators, at least
one from each of the three parameters of hydrology, soils
and vegetation. Under normal circumstances all three must
be found before a positive determination can be made.
Evidence may be developed from historical data, recent
existing data and/or observations made in the field.

26.0229 Procedures for Territorial EAs for major projects.

a. The purpose of this Section is to establish a
procedure to assess environmental effects of a proposed
major project. The process begins with a determination by
the Board of whether the proposed action requires an EA and
a listing of mitigative actions that are available. If
impacts can be avoided or mitigated or if no significant
impacts are expected a finding of no significant impact
(FONSI) is made. If significant impacts are discovered that
cannot be avoided as proposed, a Determination of
Significant Impact (DSI) is made and an AMP is prepared by
the applicant. This section does not apply to federal
undertakings which would trigger the NEPA process.

b. The Board has the authority to require EAs and
AMPs.

c. Activities subject to these provisions. The
provisions of this Section shall apply to major projects
which can be reasonably expected to have a significant
adverse impact on coastal resources. The Board shall
require an EA if any member or members of the Board with
permitting or regulatory authority over the application
request(s) an EA. Additionally an EA shall be required
under the following circumstances: the Board finds that new
or expanded source or pollutants resulting in a potentially
dangerous condition having a significant adverse impact on
the health, safety and welfare of the public; the Board
finds that a significant adverse impact to the habitat of
threatened or endangered species or species of concern; or
petition signed by not less than twenty-five (25) members of
the public is submitted to the Board.

d. Scoping meetings for proposed actions. For LUP
applications and other proposed actions subject to this
Section, a scoping meeting of the Board may be requested by
the project proponent or by any Board member. Scoping
meetings may be held at a regularly scheduled Board meeting
or at another time and place, as determined by the Board.
Scoping sessions shall be held for the purposes of
identifying potential significant adverse impacts to coastal
resources which the project may cause and determining
whether an EA will be required for the particular
application.

e. Public Comments. All EAs and AMPs and associated
documents pertaining to this Section or the review of such
documents or written public comments pertaining to these
documents shall be public documents. ASCMP Manager shall
inform the public of the opportunity to review and comment
on all such documents through publication in a newspaper of
general circulation in the territory and other available
means:

1. the availability of any EA, AMP or other
associated documents that it or the PNRS receives for
review and comment;

2. the acceptance or non-acceptance of an EA or
AMP; and

3. other notices as required by territorial law,
ordinance, or rule that, when published together,
provide for effective coordination of public and agency
comment for statements.

f. Contents of EAs. Agencies or persons proposing
actions requiring an EA shall prepare an EA of each proposed
action and state whether the anticipated impacts constitute
a significant adverse impact to coastal resources. The EA
shall contain the following information:

1. title and executive summary;

2. identification, qualifications and credentials
of the preparers and those consulted in preparing the
assessment;

3. general description of the project's
technical, economic, social, and environmental
characteristics, including an operational plan, if
applicable, and all applicable drawings, maps and plans
necessary to understand the project;

4. summary description of the affected
environment, including a vicinity map and site plan;

5. identification and summary of potential
adverse impacts to coastal resources;

6. source of funding, if federal monies are being
used for the project, and any federal permits needed
for which application has been made;

7. determination of whether alternatives or
mitigation are feasible; and

8. findings and reasons supporting determination.

g. DSI and FONSI.

1. Acceptance or rejection of the EA. The Board
shall review and accept or reject an EA or require
revisions or additions. After preparing an EA, the
applicant shall submit ten (10) copies of the
supporting EA to ASCMP Manager for distribution to the
Board and public review. At a regularly scheduled
meeting or at a special meeting called by the Board,
the Board shall review the assessment and determine its
adequacy in meeting the requirements of this Section.
Where necessary, the Board shall instruct the applicant
to amend or furnish additional information necessary
for the Board to reach a decision of adequacy of the
assessment.

2. Determination of FONSI or DSI. A
determination shall be made by the Board as to whether
or not significant adverse impacts can reasonably be
expected to occur from the proposed action. If
measures have not been identified that will adequately
avoid or mitigate the significant impacts a
Determination of Significant Impact (DSI) shall be
issued and an AMP shall be prepared by the applicant.
If no significant impact is found, or if impacts can be
adequately avoided or mitigated, a Finding of No
Significant Impact (FONSI) shall be issued and
considered in determining whether a LUP should be
approved as per 26.0209 (c).

3. Decision-making Criteria. In determining
whether an action may have a significant impact on
coastal resources, the Board shall consider every phase
of a proposed action, the expected consequences, both
primary and secondary, and the cumulative as well as
the short and long-term effects of the action. In most
instances, an action shall be determined to have a
significant effect on the environment if it:

A. Involves an irrevocable commitment to
loss or destruction or alteration of any natural
or cultural resource;

B. Curtails the range of beneficial uses of
the environment;

C. Conflicts with any of the territory's
long-term environmental policies or goals,
statutes, rules, amendments, court decisions, or
executive orders;

D. Affects public health or safety;

E. Adversely affects the economic or social
welfare of the community or territory;

F. Causes secondary impacts that increase
costs to the public, such as substantially
increasing demands on public facilities;

G. Involves a substantial degradation of
environmental quality;

H. Is individually limited but cumulatively
has considerable effect upon the environment or
involves a commitment for larger actions;

I. Affects a threatened, endangered, or
species of concern, or its habitat;

J. Detrimentally affects air or water
quality or ambient noise levels; or

K. Affects an environmentally sensitive
area such as a floodplain, erosion-prone area,
geologically hazardous area (including landslide
hazard area), wetland, surface water or ground
water, or coastal waters.

4. Documentation of review and decision; public
comment and notice. The Board shall document its
review of an EA of a proposed action for future
reference, and shall make its determination of DSI or
FONSI in writing. The actual determination shall be
filed with ASCMP Manager and notice of its availability
shall be published in a newspaper of general
circulation in the territory, soliciting comments from
other' agencies and the general public. A comment
period of thirty (30) calendar days shall follow the
date of the first publication of the notice in a paper
of general circulation in the territory and shall be
cited in the notice.

h. Addressing a DSI; AMP. In cases where the Board
issues a DSI, the applicant shall prepare an AMP in
consultation with the jurisdictional agencies that addresses
the findings of the DSI. The Board shall review the AMP and
determine whether the plan is acceptable and whether a LUP
should be issued. The AMP shall list alternatives and
mitigation measures for the project.

i. Review and comment period. The period for public
review of an AMP and for submitting written comments shall

commence as of the date the notice of availability of the
AMP is published in a newspaper of general circulation in
the territory and shall continue for a period of thirty (30)
days. Written comments to ASCMP Manager must be postmarked
within the public comment period. Copies of all comments
shall be forwarded by ASCMP Manager to the Board and the
applicant. Any late comments need not be considered by the
Board.

26.0230 National Environmental Protection Act (NEPA).

a. Applicability. When the situation occurs where a
certain action will be subject both to the NEPA, as amended
by Public Law 94-52 and Public Law 94-83; 42 USC
4321-4347) and this Section, the following shall occur:

1. The applicant or agency, upon discovery of
their proposed action being subject to both this
Section and NEPA, shall notify the responsible federal
agency and the Board of the situation.

2. NEPA requires that draft statements be
prepared by the responsible federal agency. When the
responsibility of preparing an Environmental Impact
Statement (EIS) is delegated to a territorial agency,
this Section shall apply in addition to requirements
under NEPA. The DPO and Board shall cooperate with
agencies to the fullest extent possible to reduce
duplication between federal and territorial
requirements. This cooperation shall include joint
environmental impact statements with concurrent public
review and processing at both levels of government.
Where federal law has EIS requirements in addition to
but not in conflict with this Section, the DPO and
Board shall cooperate in fulfilling the requirements so
that one document shall comply with all applicable
laws.'

26.0231 Supplemental Statements.

a. Change of circumstance. An EA or AMP that is
accepted with respect to a particular action is usually
qualified by the action's size, scope, location, and timing,
among other things. If there is a substantial change in the
project a supplemental statement shall be prepared and
reviewed as provided in this section. Substantial change is
defined in 26.0214 and in (b)(1), below.

b. PNRS determination of applicability.

1. A supplemental statement shall be warranted
when the scope of an action has been substantially

increased, when the intensity of environmental impacts
will be increased, when the AMP originally planned is
not implementable, or where new circumstances or
evidence have brought to light different or likely
increased environmental impacts not previously dealt
with.

2. The Board shall be responsible for
determining whether a supplemental statement is
required. This determination will be submitted to
ASCMP Manager for written notification to the proposing
agency or applicant. Proposing agencies or persons
shall prepare for public review supplemental statements
whenever the proposed action for which an EA or AMP was
accepted has been modified to the extent that new or
different environmental impacts are anticipated.

c. Contents. The contents of the supplemental
statement shall be the same as required by 26.0229 for the
EA and AMP and may incorporate by reference unchanged
material from the same; however, in addition, it shall fully
document the proposed changes from the original EA and AMP
and completely and thoroughly discuss the process followed
to address these changes, and discuss the positive and
negative aspects of these changes.

d. Procedures. The requirements of consultation,
filing public notice, distribution, public review, comments
and response, and acceptance procedures, shall be the same
for the supplemental statement as is prescribed by 26.0229
for an EA.

26.0232 Federal consistency

a. Standards for determining consistency. The ASCMP
Manager shall be charged with responsibility to review a
federal agency's consistency determination, an application
for a federal license or permit's consistency certification,
and a territorial or local government's application for
financial assistance, and shall inform the Board chairperson
of the undertaking and shall inform all other government
agencies with relevant jurisdiction and permitting authority
to apply the following enforceable policies in reviewing
such determinations, certifications, and applications.

1. the goals, purposes, policies and objectives
of the Act and the Rules; and

2. applicable territorial air and water quality
standards, rules, and regulations.

b. Federal activities and development projects that

affect any land or water use or natural resource of the
coastal zone must meet federal consistency requirements.
This includes any federal development project involving the
planning, construction, modification, or removal of public
works facilities, or other structures, and the acquisition,
utilization or disposal of land or water resources.

1. Federal agency consistency determination. If
a federal agency plans to undertake a federal action
directly or indirectly affecting coastal resources, the
federal agency must provide a consistency determination
to the ASCMP Manager at least ninety (90) days prior to
a final decision on the federal action. The federal
agency and the ASCMP Manager may agree on an
alternative review schedule. The determination shall
include a statement indicating how the proposed project
will be undertaken in a manner consistent, to the
maximum extent practicable, with the Act and the Rules.
The agency's consistency determination must be based
upon an evaluation of the relevant provisions of the
ASCMP. The ASCMP Manager shall notify other relevant
territorial agencies with relevant permitting authority
of the proposed federal action. Each territorial
agency has thirty (30) days from the date of receiving
the notice to submit comments to the ASCMP Manager. In
the event the ASCMP Manager does not respond to the
federal agency within forty-five (45) days from receipt
of the federal agency's consistency determination, the
federal agency may presume the ASCMP Manager's
agreement of consistency.

2. A consistency determination shall include:

A. a detailed description of the proposed
project and its associated facilities;

B. an assessment of the impacts to coastal
resources; and

C. data and information sufficient to
support the federal consistency determination.

3. Extensions. ASCMP requests for an extension
of time to review the determination may be made for a
period of not more than fifteen (15) days unless the
federal agency agrees to longer or additional extension
requests. The ASCMP Manager's agreement with a federal
agency's consistency determination shall not be
presumed if a request for an extension of time is made
within the forty-five (45) day review period.

4. Resolution of differences. The ASCMP

Manager's agreement or disagreement with a federal
agency's consistency determination must be set forth in
writing with reasons and information supporting the
agreement or disagreement and sent to the federal
agency and the director of NOAA/OCRM. In case of
disagreement, the ASCMP Manager and the federal agency
shall attempt to resolve any differences.

5. Mediation. In the event that the ASCMP
Manager and the federal agency are unable to come to an
agreement on the manner in which a federal action may
be conducted or supported in a manner consistent, to
the maximum extent practicable, with the Act and the
Rules, either party may request mediation of the
disagreement pursuant to the procedures set forth in
section 307 of the Federal Coastal Zone Management Act
of 1972 (P.L. 92-583, as amended) and 15 CFR 930,
subpart H.

6. Federal agencies are required to obtain a
territorial LUP and to include such permit applications
in federal consistency determinations when: (i)
territorial permits for certain activities are required
by other federal law; (ii) the federal action, whether
within or outside the coastal zone, can be reasonably
expected to affect any land or water use or natural
resource of the coastal zone; and (iii) when the
permit is a federally approved enforceable component of
the ASCMP.

7. Even if a federal agency is not required to
obtain a territorial permit under federal law, the
federal agency conducting an action that affects any
land or water use or natural resource of the coastal
zone must still be consistent to the maximum extent
practicable with ASCMP rules and regulations. For
permi t requirements that are not required of federal
agencies by other federal law, the federal agency may
submit the necessary information in any manner it
chooses so long as the requirements of 15 C.F.R. Part
930, Subpart C ( consistency regulations for direct
federal activities) are satisfied.

c. Applicants for Federal licenses and permits.

1. An applicant includes any individual or
organization, except a federal agency, which files an
application for a federal license or permit to
undertake an action affecting the Territorial coastal
resources. Federal licenses and permits include any
authorization, certification, approval, or other form
of permission which any federal agency is empowered to

issue to an applicant.

2. An applicant for a federal license or permit
to undertake an action or project affecting the
Territorial coastal resources must file, along with the
application, a certification that the action will be
conducted in a manner consistent with the Act and the
Rules and all necessary data and information to support
the certification. A copy of the application for a
federal license or permit, and the certification, along
with all necessary data and information, shall be
simultaneously filed with the ASCMP Manager. The
consistency certification shall include:

A. a detailed description of the proposed
project and its associated facilities;

B. an assessment of the impacts to coastal
resources; and

C. data and information sufficient to
support the federal consistency conclusion.

3. The federal agency shall not issue the license
or permit unless the ASCMP Manager issues a concurrence
with the consistency certification or such concurrence
is presumed because there has been no response from the
ASCMP Manager within six (6) months from the date of
receipt of a copy of the application and certification.

4. The federal agency licenses and permits that
the ASCMP Manager shall review for consistency with the
ASCMP are those so listed in the federally approved
ASCMP Program Document which is available for review
from the ASCMP. If, in the future, it is found that
the issuance of other types of federal permits and
licenses cause direct and significant impact on coastal
land and water resources, the ASCMP Manager will either
seek to review the activity as an unlisted activity
pursuant to 15 CFR 930.54 and/or the ASCMP Manager will
request NOAA/OCRM approval to include the activity as a
listed activity.

5. The ASCMP Manager shall provide guidelines and
the above described list to the relevant federal
agencies who in turn shall make the information
available to applicants. Upon the request of an
applicant, the ASCMP Manager will provide assistance to
the applicant in developing the consistency
certification, assessment, and findings required.

6. If any action or project which requires a

federal license or permit also requires a LUP or any
other permit or approval from the Territorial
Government, applicants shall prepare a LUP application
simultaneously with their federal permit or license
application.

7. Interested parties may assist the applicant by
providing information to the ASCMP Manager to be
incorporated into the review of the project's
consistency with the Act and the Rules.

8. Upon the ASCMP Manager's determining that
adequate information exists within both the applicant's
consistency certification and supporting data to
properly review the proposed action or project, it
shall be accepted for review. Upon acceptance for
review, notice of the proposed action shall be
published at least once a week for two (2) consecutive
weeks in a newspaper of general circulation in the
Territory. The public notice shall include: a summary
of the proposal; state that the information submitted
by the applicant is available for public inspection;
and that public comments may be made to the ASCMP
Manager within thirty (30) days of the first
publication. The applicant shall be responsible for
posting and publication of the notice on forms provided
by ASCMP.

9. At the earliest practicable time within six
(6) months after acceptance for review hereunder, the
ASCMP Manager shall notify the issuing federal agency
and the applicant of concurrence or objection. If the
ASCMP Manager has not issued a decision within three
(3) months after acceptance of the proposal for review,
the applicant and the federal agency shall be advised
of the status of the matter and the basis for further
delay-

10. If the ASCMP Manager objects to the
applicant's consistency certification, the ASCMP
Manager shall make said objection in writing and
include supporting information/documentation. The
objection shall include alternative measures, if
appropriate, which would permit the action in a manner
consistent with the Act and the Rules. The ASCMP
Manager's objection shall include a statement informing
the applicant of a right to appeal to the U.S.
Department of Commerce pursuant to the Federal Coastal
Zone Management Act of 1972, 307, as amended and 15
CFR part 930, subpart H.

d. Federal assistance. The ASCMP Manager shall be

notified of all applications submitted by territorial or
local governments to the federal government for any federal
assistance program listed in the catalog of federal domestic
assistance. Applications for federal assistance for
activities affecting the coastal zone shall be reviewed by
the ASCMP Manager. In the event the ASCMP Manager finds
that the proposed federal assistance is not consistent with
the Act and the Rules, the application shall not be approved
unless the objection is resolved through informal
discussions among the federal program agencies, the
applicant and the ASCMP Manager, or the Secretary of
Commerce on appeal pursuant to section 307 of the Federal
Coastal Zone Management Act of 1972, as amended and 15 CFR,
part 930, subpart H. The ASCMP Manager's objection shall be
set forth in writing with reasons, supporting information,
and alternative measures.

1. "Federal assistance" as used in this
subsection d. means assistance provided under a federal
grant program to an applicant agency through grant or
contractual agreements, loans, subsidies, guarantees,
insurance, or other forms of financial aid for
activities which affect the coastal zone.

2. "Applicant" or "applicant agency" as use in
this subsection d. refers to any agency of the
Territorial Government.

26.0233 Public Information and education.

a. The ASCMP shall make information and educational
materials available to the public and any Territorial
agencies and officials. The information shall, to the
extent practicable, be in the vernacular and translated into
the Samoan language. The information made available should
address coastal resources management and conservation and
the land U*se permitting process.

b. The ASCMP shall provide ongoing technical
assistance and education to villages when requested in order
to assist the villages in preparing and maintaining any
local coastal management program or village ordinance in
support of coastal management objectives.

c. The ASCMP shall maintain a current series of island
maps clearly showing the Territory's SMA's and other unique
areas.

26.0234 Public records.

a. The DPO shall retain and preserve the following
records for a minimum of five years following their receipt,

or in the case of a LUP, for five years following the last
agency action. After five (5) years, all pertinent
materials shall be safely archived.

1. The complete record of a LUPA and the action
taken thereon.

2. Board meetings and public hearing records,
including all minutes, transcripts and audio or video
tape recordings.

3. ASCMP program materials, including all
studies, guides, plans, policy statements, special
reports, educational materials, memorandums of
understanding, or other information obtained or
prepared by the DPO or ASCMP in order to provide public
information and education or improve interagency
coordination.

b. All ASCMP records on file at the DPO shall be
available for public inspection during normal business
hours. Minutes of Board meetings and transcripts or tapes
of meetings or public hearings shall be made available upon
request within thirty (30) days after the meeting or
hearing, except where the disclosure would be inconsistent
with law, or where the public distribution of minutes of
meetings held in executive session would defeat the lawful
purpose of the executive session. Reasonable fees and costs
incurred in researching and reproducing the records may be
charged.

26.0235 ASCMP access to government records. ASCMP Manager,
authorized designee and the Board, shall have access to relevant
governmental records for the purpose of obtaining information for
official business purposes. This access may include government
reports, reviews, policy statements, and any other information
not protected by law. The ASCMP Manager shall keep any request
reasonable in scope and accompany any requests for information
with payment of any required fees and costs. The Board shall
have the same access, and be bound by the same restrictions, as
cited above. Should either the ASCMP Manager or the Board be
denied access to government records in violation of the
provisions of the Act and of these rules, then legal advice may
be sought and appropriate legal action taken in order to gain
access to such records.

26.0236 Severability. If any provision of the Rules, or the
application of any provision of the Rules to any person or any
other instrumentality or circumstances, shall be held invalid by
a court of competent jurisdiction, the remainder of the Rules and
the application of the invalid provision to other persons,
instrumentalities, and circumstances, shall not be affected.

ANNEX "All

OBJECTIVES AND POLICIES OF THE TERRITORIAL
COASTAL MANAGEMENT PROGRAM

The following standards must be met for approval of a LUP.

1. Territorial administration.

Objective A: Provide more effective and sensitive
administration of laws, rules, and programs.

Policy A: A coordinated, expeditious, and
comprehensive LUP and project notification and review system
shall be instituted. The technical capability of agency
personnel shall be increased. Sensitivity to fala Samoa in
the exercise of government administration shall be
increased.

2. Village development.

Objective B: Provide more effective and better
coordinated territorial aid to villages.

Policy B: Assistance to foster village development and
improvement shall be coordinated through the village
development plans in ways sensitive to village needs and
preferences. Village development plans shall incorporate
all ASCMP policies and objectives.

3. Shoreline development.

Objective C: Assure that lands adjacent to the sea are
developed in a way least damaging to coastal resources and
that reduces the risk of damage resulting from coastal
hazards.

Policy C: In the area measured two hundred feet (2001)
horizontally inland from the mean high-tide mark, projects,
uses and activities shall be rigorously reviewed to
determine whether they:

a. are susceptible to damage from shoreline
erosion or other identified coastal hazards;

b. diminish visual or physical access to the
shoreline; or

c. may result in degradation of coastal
resources.

Those uses, developments, or activities which may result in

any of the above impacts shall normally be denied. Exceptions
may be allowed if the proposed use, development, or action:

d. serves a public need, including recreation;
and

e. is water-dependent or water-related; and

f. is compatible with adjacent land uses or
traditional Samoan use s; and

g. has no feasible, environmentally preferable
alternative sites.

In areas immediately adjacent to the landward and seaward
side of the mean high-tide line, proposed uses, developments, and
activities shall also be evaluated using the U.S. Army Corps of
Engineers permit application evaluation factors to the extent
applicable.

4. Coastal hazards.

Objective D: Reduce hazards to life and property from
flooding, tsunamis, landslides and shoreline erosion.

Policy D: Proposed development in areas prone to
stream and ocean flooding, slides, and shoreline erosion
shall only be permitted if:

a. there is a public need;

b. there are no feasible environmentally
preferable alternative locations; and

c. the development is located and designed to
minimize risks to public safety.

The following standards shall apply to location and design
of development in areas prone to flooding, slides, and erosion:

d. uses that will not require protection through
dikes, dams, levees, groins, seawall, shoreline
protection or other structures shall be preferred over
uses that require such protection;

e. uses that pose the least risk to loss of life
and damage to property shall be preferred over uses
that pose such risks;

f. development permitted in areas prone to
flooding shall be designed to meet Federal Emergency
Management Agency National Flood Insurance Program

standards.

Structures to protect existing development against flooding
and erosion shall only be permitted if:

g. there is significant risk to public health and
safety;

h. there are no feasible environmentally
preferable alternatives;

i. habitats that may be affected are identified
and their values determined;

j. adverse effects on nearby areas are minimized;

k. alterations of the natural shoreline are
minimized; and

1. adverse effects on habitats, streams, and
drainage are minimized.

5. Soil erosion.

Objective E: Reduce soil erosion.

Policy E: Road building and construction activities
that severely alter land contours, occur in steep areas, or
may otherwise promote soil erosion shall be minimized and
controlled to reduce or eliminate soil erosion. Clearing,
grading, or construction on slopes greater than 40% shall be
avoided and be permitted only if no feasible environmentally
preferable alternatives to the proposed action exist. All
clearing, grading, or construction on slopes shall use best
management practices to avoid or minimize soil erosion.
These shall include, but not necessarily be limited to:

a. minimizing on-site disturbance by utilizing
careful design and knowledge of soils, vegetation, and
terrain, and other available techniques;

b. retaining soil through use of retaining walls,
silt fences and other best management practices to
minimize slope cutting; and

c. controlling off-site movement of soil through
replanting disturbed land immediately after
construction with soil stabilizing plants and other
available techniques.

6. Major facility siting.

Objective F: Assure the proper siting of major
facilities.

Policy F: Major facilities shall be sited and designed
to minimize adverse environmental and social impacts and
promote orderly and efficient economic development. Major
facilities not dependent on a waterfront location shall be
located elsewhere unless no feasible alternative sites
exist; water-dependent major facilities will be accommodated
through planning. Conservation of resources shall be a
primary goal of the Territory.

The Territory shall recognize identified regional
benefits and national interests in the siting of major
facilities and shall adequately consider them in major
facility siting decisions.

7. Agricultural development.

Objective G: Promote agricultural development in a
manner consistent with sound conservation practices.

Policy G: Commercial and subsistence agriculture shall
be encouraged and approved on lands suitable for
cultivation. Agricultural action shall be accompanied by
best management practices designed to protect land and water
resources and maintain crop yields, which include:

a. cultivation on suitable slopes;

b. use of adequate ground cover to prevent soil
erosion;

c. proper use of pesticides, herbicides, and
fertilizers;

d. techniques to maintain soil fertility; e.g.,
fallow periods; and

e. techniques to reduce non point source
pollution and protect water quality.

8. Reef protection.

Objective H. Protect and restore coral reefs.

Policy H: Coral reefs and other submerged lands shall
not be dredged, filled, or otherwise altered or channeled
unless it can be demonstrated that there is a public need,
there are no feasible, environmentally preferable
alternatives, and unless measures are taken to minimize
adverse impacts. Coral reefs shall be protected from

sedimentation, over fishing, runoff, and the impacts
resulting directly and indirectly from other activities to
the maximum extent feasible. Degraded reefs shall be
restored wherever feasible.

9. Recreation/Shorefront access.

Objective I: Improve and increase recreation
opportunities and shorefront access for both residents and
visitors.

Policy I: The acquisition, siting, development, and
maintenance of varied types of recreation facilities that
are compatible with their surrounding landscape and land
uses, and which serve the recreation and shorefront access
needs of villages and urban areas, shall be promoted.
Acquisition and/or use agreements and minimal development of
passive recreation sites such as marine and wildlife
conservation areas, scenic overlooks, trails, parks, and
historic sites shall also be promoted.

Public access to and along the ocean shall be
maintained, improved and increased. Beach areas suitable
for recreation use shall be reserved for such use and
physical access to these areas shall be provided where
feasible. Visual access to the ocean from the road parallel
to and near the shoreline shall be maintained where
feasible.

Public lands shall be managed to maintain physical and
visual public access. Where public access must be
eliminated because of security or other reasons, similar
access shall be created as near as practical to the
curtailed access.

10. Water quality.

Objective J: Maintain and, where necessary, restore
water quality.

Policy J: Territorial water quality standards shall be
the standards of Territory in the coastal zone. Consistent
with these standards, degraded water quality shall be
restored to acceptable levels and potential threats to water
quality shall be prevented from degrading water quality
where feasible. Nonpoint source pollution shall be
controlled through implementation of best management
practices.

11. Marine resources.

Objective K: Protect marine resources for present and

future generations.

Policy K: Living marine resources and their habitats
shall be protected from over harvesting or degradation. No
taking of marine mammals, or endangered or threatened
species shall be allowed.

12. Fisheries development.

Objective L: Promote fisheries development in a manner
consistent with sound fisheries management.

Policy L: Shoreline areas suitable and necessary for
the support of fishery development shall be reserved for
such use. Fisheries development shall be guided by a
fisheries management program which conserves stocks,
protects marine habitats, and maintains sustained yields.

13. Drinking water quality.

Objective M: Provide and maintain safe drinking water.

Policy M: Drinking water sources, both above and below
ground, shall be protected from contamination due to
sedimentation, saltwater intrusion, or other sources of
pollution. Drinking water systems shall be improved to
protect public health and welfare. Territorial water
quality standards shall be implemented as directed by ASEPA.

14. Unique areas.

Objective N: Protect unique areas and their values
from an adverse impact.

Policy N: Unique areas, including wetlands, coral
reefs, mangrove swamps, mudflats, aquifer recharge areas,
critical habitat areas, floodplain, streams, watersheds and
nearshore waters, shall be protected against significant
disruption of their physical, chemical, and biological
characteristics and values. Only uses dependent on such
areas shall be permitted. Development in areas adjacent to
unique areas shall be designed and sited to prevent impact
that would significantly degrade such areas.

15. Archaeological/Cultural/Historic resources.

Objective 0: Protect the archaeological, cultural, and
historic resources of Territory.

Policy 0: Significant Samoan archaeological, cultural,
and historic sites and artifacts, shall be protected and
preserved.

16. Air quality.

Objective P: Maintain high standards of air quality.

Policy P: Territory air quality standards shall be the
standards of the Territory in the coastal zone and a LUPA
shall adhere to those standards.

17. Fagatele Bay National Marine Sanctuary (NMS).

Objective Q: Protect the marine and coastal resources
of Fagatele Bay NMS, including water-quality, habitat, fish
and wildlife, and recreational opportunities.

Policy Q: The irreplaceable marine and coastal
resources of Fagatele Bay NMS shall be protected from
adverse impacts and shall be protected as a resource for
present and future Samoans to the greatest extent possible.

18. Wetlands.

Objective R: To preserve, protect, conserve and manage
wetlands in the Territory.

Policy R(1):

a. prevent despoliation and destruction of wetlands by
insuring that development adjacent to wetland areas and
unique areas shall be designed and sited to prevent impact
that would significantly degrade such areas;

b. protect the present and potential value of wetlands
for food production, wildlife habitat, storm and flood
control, water quality, recreation, education, and research;

C. regulate the use and development of wetland areas
in order to secure the natural benefits of wetlands,
consistent with the general welfare of the Territory; and

d. protect unique wetland areas including mangrove
swamps, recharge areas, critical habitat areas, floodplain,
streams, watersheds and nearshore waters from significant
disruption of their physical, chemical, and biological
characteristics and values. Only uses dependent upon such
areas shall be permitted.

Policy R(2):

A "no net loss" policy in the Territory is established
and it includes value and functional loss as well as actual
acreage loss. Considerable acreage of wetlands has been
lost, despoiled or impaired in the Territory due to filling,

dredging, excavation, building, pollution or other acts.
Freshwater wetlands conservation is a matter of concern for
an entire watershed since a wetland in one area is affected
by acts on rivers and streams that run into other wetlands
and by adjacent wetlands. Providing wetland conservation in
order to achieve "no net loss" includes the protection of
the following values:

1. flood and storm control by the hydrological
absorption and storage capacity of freshwater wetlands;

2. wildlife habitat by providing breeding,
nesting, and feeding grounds and cover for the many
forms of wildlife, wildfowl and shorebirds, including
migratory wildfowl and rare species such as the
Australian gray duck;

3. protection of subsurface water resources and
provision for valuable watersheds and recharging
groundwater supplies;

4. recreation areas by providing areas for
hunting, fishing, boating, hiking bird watching
photography, swimming;

5. erosion control by serving as sedimentation
areas and filtering basins, absorbing silt and organic
matter thereby protecting channels, and coral reefs;

6. educational and scientific research
opportunities;

7. sources of nutrients in freshwater/brackish
water food cycles and nursery and feeding grounds and
sanctuaries for fish species; and

8. agricultural uses such as taro production and
harvest of natural wetland products.

19. Special Management Areas.

Objective S: To protect the functions, values and
benefits of SMAs.

Policy S: Actions that degrade, limit or eliminate SMA
functions, values and benefits to the public shall be
prohibited. SMA's shall be protected to the fullest extent
of the law so that their benefits can be enjoyed by present
and future generations of the Territory.

a. Notwithstanding any other provisions of the Rules,
any proposed project, use or action in the Pago Pago Harbor

SMA shall be evaluated in connection with the following
objectives and priorities of use:

1. Objective: to develop the Pago Pago Harbor
area in a way that emphasizes its irreplaceable value
as a working port and safe harbor and protects its
natural resources and water quality.

2. Priorities of use:

A. Water-dependent uses and activities shall
have highest priority.

B. Water-related uses and activities shall
have second priority.

C. Uses and activities which are neither
water-dependent nor water-related, but which are
compatible with water-dependent and water-related
uses and activities or are for recreational
activities or a public use, shall receive third
priority. All other uses and activities shall
have lowest priority and will normally be denied.

3. Port and industrial areas. Any project
proposed for location as a port or industrial project
in the Pago Pago Harbor SMA shall be evaluated to
determine its compatibility with the following
standards:

A. in the siting of port and industrial
development, its suitability in terms of meeting
the long-term economic and social goals of
Territory;

B. recognize the limited availability of the
port and industrial resources in making land use
allocation decisions;

C. ensure that development is done with
respect for Territory's inherent natural beauty;

D. improvements to infrastructure should be
developed in port and industrial areas;

E. prohibit projects which would result in
adverse impacts, including cumulative impacts on
coastal resources outside the port and industrial
area;

F. conserve shoreline locations for
water-dependent projects;

G. locate, to the maximum extent
practicable, petroleum based coastal energy
facilities within the port and industrial area;

H. consider development proposals from the
perspective of port-related opportunities and
constraints which are applicable to the Territory;
and

I. the amount of shoreline frontage utilized
by any project, regardless of the extent to which
the project may be water-dependent, shall be
minimized to the greatest extent practicable.

b. Lagoon, and reef areas. Any project proposed for
location within a designated SMA which also is characterized
as a lagoon or reef area shall be evaluated to determine its
compatibility with the following standards:

1. subsistence usage of coastal areas and
resources shall be insured;

2. living marine resources, particularly fishery
resources, shall be managed so as to maintain optimum
sustainable yields;

3. adverse impacts to reefs and corals shall be
prevented;

4. lagoon and reef areas shall be managed so as
to maintain or enhance subsistence, commercial and
sport fisheries;

5. lagoon and reef areas shall be managed so as
to assure the maintenance of natural water flows,
natural circulation patterns, natural nutrient and
oxygen levels and to avoid the discharge of toxic
wastes, sewage, petroleum products, siltation and
destruction of productive habitat;

6. areas and objects of historic and cultural
significance shall be preserved and maintained; and

7. underwater preservation areas shall be
designated.

c. Wetland areas. Any project proposed for location
within a designated SMA and a wetland shall be evaluated to
determine its compatibility with the following standards:

1. adverse impact on natural drainage patterns,
the destruction of important habitat and the discharge

of toxic substances shall be prohibited; adequate water
flow, nutrients and oxygen levels shall be ensured;

2. the natural ecological and hydrological
processes and mangrove areas shall be preserved;

3. critical wetland habitat shall be maintained
and, where possible, enhanced so as to increase the
potential for survival of rare and endangered flora and
fauna;

4. public landholding in, and adjacent to, the
wetland areas shall be maintained and, to the extent
possible, increased, for the purpose of access and/or
hazard mitigation; and

5. wetland resources shall be utilized for
appropriate agriculture, recreation, education, public
open space and other compatible uses which would not
degrade productivity.

d. Shoreline Areas. Any project proposed for location
within a designated SMA and a shoreline area shall be
evaluated to determine its compatibility with the following
standards:

1. the impact of on shore activities upon
wildlife, marine or aesthetic resources shall be
minimized;

2. the effects of shoreline development on
natural beach processes shall be minimized;

3. the taking of sand, gravel, or other
aggregates and minerals from the beach and near shore
areas shall not be allowed;

4. removal of hazardous debris from beaches and
coastal areas shall be strongly encouraged; and

5. where possible, public landholding along the
shore shall be maintained and increased, for the
purpose of access and hazard mitigation; and In
addition to deciding whether the proposed project is
consistent with the above standards, Board members
shall consider the following in their review of coastal
permit applications:

A. whether the proposed project is
water-dependent or water-related in nature;

B. whether the proposed project is to

facilitate or enhance coastal recreational,
subsistence, or cultural opportunities (i.e.
docking, fishing, swimming, picnicking, navigation
devices);

C. whether the existing land use, including
the existence of roadways, has irreversibly
committed the area to uses compatible with the
proposed project, particularly water-oriented
uses, and provided that the proposed project does
not create adverse cumulative impacts;

D. whether the proposed project is a
single-family dwelling in an existing residential
area and would occur on private property owned by
the same owner as of the effective date of the
program, of which all or a significant portion is
located in the SMA, or, no reasonable alternative
is open to the property owner to trade land,
relocate or sell to the government;

E. whether the proposed project would be
safely located on a rocky shoreline and would
cause adverse impacts to wildlife, marine or
scenic resources;

F. whether the proposed project is designed
to prevent or mitigate shoreline erosion; and

G. whether the proposed project would be
more appropriately located in the port and
industrial area.

AN14EX "B"

PERMISSIBLE, CONDITIONAL AND PROHIBITED USES

a. Permissible uses. A permissible use is a use which
meets all of the requirements of the Rules, ANNEX "A" and
ANNEX "B".

b. Conditional uses. A conditional use is a use which
does not meet all of the requirements of the Rules, ANNEX
"A" and ANNEX "B" but can be conditioned so that it does
meet all of the requirements of the Rules, ANNEX "A" and
ANNEX "B".

C. Prohibited uses. Prohibited uses are uses which
do not the meet the requirements of the Rules, ANNEX "A" and
ANNEX "B" and cannot be conditioned to meet the requirements
of the Rules, ANNEX "All and ANNEX "B". Permits cannot be
issued for prohibited uses.

The following standards must be met for approval of a LUP.

1. General harbor, lagoon, and reef areas.

a. Permissible uses:

i. Uses and activities promoting conservation of
open space, high water quality, historic, and cultural
resources;

ii. Non-structural uses and activities promoting
or enhancing public recreation and access;

iii. Sport and small-scale taking of edible marine
resources within sustainable levels;

iv. Non-structural activities related to the
prevention of beach erosion; and

V. Non-structural projects preserving fish and
wildlife habitat.

b. Conditional uses:

i. Commercial taking of edible marine resources
within sustainable levels;

ii. Water-dependent/related uses which are
compatible with adjacent uses and which promote the
policies of an SMA if located in one;

iii. Aquaculture projects which do not adversely
affect the productivity of coastal waters or natural
beach processes and which are compatible with the
policies of an SMA if located in one;

iv. Piers and docks which are constructed with
floating materials or which, by design, do not impede
or alter natural shoreline processes and littoral
drift;

V. Storm water drainage systems in conformance
with Territorial water standards; and

vi. Dredge and fill action for the purpose of
constructing piers, launching facilities,
infrastructure, and boat harbors, if designed to
prevent or mitigate adverse environmental impacts.

C. Prohibited uses:

i. Discharge of untreated sewage, petroleum

products or other pollutants or hazardous materials;

ii. Taking of sand and aggregate materials outside
of designated sites;

iii. Destruction of coralline reef matter not
associated with permitted activities and uses;

iv. Dumping of trash, litter, garbage, or other
refuse into the harbor, lagoon, or reef areas; and

V. Dredge and fill activities not associated with
permitted construction of piers, launching facilities,
infrastructure, and boat harbors or other projects for
which there is a demonstrated public need.

2. Coral reef areas.

a. Permissible uses:

i. maintenance of highest levels of water
quality; and

ii. creation of underwater preserves.

b. Conditional use; Dredging of low or moderately
productive corals and reefs associated with permitted uses
and activities for which there is a demonstrated public
need.

c. Prohibited uses:

i. destruction of reefs and corals not associated
with permitted projects; and

ii. taking corals for other than scientific study.

3. Wetland areas.

a. Permissible Uses:

i. preservation and enhancement of wetland and
areas; and

ii. preservation of wildlife, primary
productivity, conservation areas and historical
properties in both wetland and mangrove areas.

b. Conditional use: Projects for which there is a
demonstrated public need which cause a minimal amount of
damage to the wetland and other coastal resources. Any such
use shall take into consideration the "no net loss" policies

enumerated in Policy R(2).

c. Prohibited uses: land fill, dumping of solid waste,
discharge of pollutants, land clearing, grading or removal
of natural vegetation or any other activity or use not
associated with a conditional use which limits or eliminates
beneficial functions or values.

4. Shoreline areas.

a. Permissible uses:

i. public recreational uses of beach areas,
including the creation of public shoreline parks and
the construction of structures enhancing access and
use, such as barbecue grills, picnic tables, docks, or
boardwalks;

ii. non-structural traditional Samoan uses;

iii. preservation of fish and wildlife habitat;

iv. preservation of natural open areas of high
scenic beauty and scientific value; and

V. activities related to the prevention of beach
erosion through non-structural means.

b. Conditional uses:

i. compatible water-dependent development which
cannot be reasonably accommodated in other locations;

ii. one (1) story, single-family dwelling in
existing residential areas;

iii. agriculture or aquaculture which requires or
is enhanced by conditions prevalent in the shoreline
area;

iv. improvements to or expansion of existing
water-oriented structures which are compatible with
designated land uses and do not otherwise conflict with
or obstruct public recreational use of coastal areas or
other water-dependent or water-related uses; and

V. water-related development compatible with
designated land uses, which cannot be accommodated in
other locations and which neither conflicts with
recreational uses nor restricts access to or along the
shoreline.

c. Prohibited uses:

i. projects which result in growth or
improvements to existing commercial, non-recreational
public, or multi-unit residential uses;

ii. new commercial structures, industrial
structures, or non-recreational public structures which
are not water-dependent, water-oriented or
water-related;

iii. disposal of litter and refuse; and

iv. the taking of sand and mining of gravel and
extraction of minerals, oil and gas, or other
extractive uses without a LUP.

5. Port and industrial areas.

a. Conditional uses:

i. water-dependent port and industrial activities
and uses located on the Pago Pago Harbor SMA's
shoreline;

ii. industrial uses that are not water-dependent
but would cause adverse impacts if situated outside the
Pago Pago Harbor SMA, and which would not be sited
directly on the shoreline, and would not preclude the
opportunity for water-dependent activities and uses;

iii. industries and services that support
water-dependent industry and labor, which are not
located on the shoreline and do not interfere with
water-dependent uses;

iv. dredging in conjunction with a water-dependent
use;

V. recreational boating facilities; and

vi. clearing, grading or blasting which does not
have long-term adverse effects on environmental
quality, drainage or patterns, so long as the action is
related to a permitted action or use.

b. Prohibited uses:

i. indefinite storage or stockpiling of hazardous
materials;

ii. indefinite storage of goods, not awaiting

water-borne transport, in a shorefront location;

iii. non-water-dependent or water-related uses
which do not enhance or are not reasonably necessary to
support permissible uses, activities and priorities in
the port and industrial area;

iv. non-port and industrial related activities and
uses which, if permitted, would result in conversion to
other uses at the expense of port and industrial
related growth, or would induce port and industrial
related growth into other areas; and

V. uses and activities which would have an
adverse impact on other SMA's, historic properties and
other coastal resources.

Adopted pursuant the American Samoa Coastal Management Act
of 1990, 24.0506, this 22nd day of Novemb r 1994

-'@"'Alfonso P. GaAe/Ii, Director
Development @/nning Office

TABLE OF ACRONYMS

ASEPA America Samoa Environmental Protection Agency

ASCMP American Samoa Coastal Management Program

ASPA American Samoa Power Authority

DMWR Department of Marine and wildlife Resources

DPS/TEMCO Department of Public Safety/Temporary Emergency
Management Office

DPR/ASHPO Department of Parks and Recreation/American Samoa
Historic Office

DPW Department of Public Works

DSI Determination of Significant Impact

DPO/ASCMP Development Planning office/American Samoa Coastal
Management Program

DPO Development Planning office

EA Environmental Assessment

NMS Fagatele Bay National Marine Sanctuary

FONSI Finding Of No Significant Impact

LUPA Land Use Permit Applications

LUP Land Use Permit

NEPA National Environmental Policy Act of 1969

PNRS Project Notification and Review System

SMA Special Management Areas

NOAA COASTAL SERVICES CTR LIBRARY
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