[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



                                             i









           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".

                                                                             1









               ( ) "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;

                   (c) disruption of the ecological balances in coastal
               or marine waters upon which natural biological communities
               depend;

                   (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

                                                                          2









         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

                                                                            3









          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.


                                                                              4









         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.


                                                                            5









                    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;

                                                                           6









                    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

                                                                             7









         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.



                                                                         8









                   "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

                                                                            9









         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;


                                                                         10









                    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

                                                                            12









              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:


                                                                         13









                        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;


                                                                           14









                         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


                                                                                15









         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

                                                                             16









                   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

                                                                         17









                    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

                                                                           18









              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,

                                                                            19









               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:


                                                                            20










                           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.


                                                                                   21









                   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

                                                                         22









                         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.

                                                                           23









                    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

                                                                            24









              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-

                                                                           25









              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.

                                                                             26









                    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

                                                                             27









               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.

                                                                             28









                    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

                                                                            29









                   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.


                                                                         30









         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

                                                                            31









                   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


                                                                         32









              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.

                                                                           33










                    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


                                                                             34









                         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;

                                                                             35









                             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

                                                                         36









               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

                                                                             37









                   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

                                                                            38









             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


                                                                          39









                   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

                                                                           40









                   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

                                                                          41









                   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

                                                                          42









              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,

                                                                            43









              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.

                                                                            44











                                    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

                                                                        45









         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

                                                                           46











                    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.


                                                                            47









                    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

                                                                            48









              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

                                                                         49









              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.

                                                                          50









               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,

                                                                             51









              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

                                                                         52










               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;

                                                                                53









                            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

                                                                        54









                     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

                                                                               55









                        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.

                                                                           56









              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

                                                                           57









                    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

                                                                              58









               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.



                                                                               59











                   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

                                                                         60









                   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













                                                                         61









                                  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






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