Pago Pago, AMERICAN SAMOA — Vice Speaker of the House Fetui Fetu is questioning what authority the US Army Corps of Engineers has to stop local projects along the coast line.

“Who the hell [are they] to interfere with local projects, the power has been accorded to the American Samoa Government to implement our projects. They are based overseas and yet are dictating us on our local projects,” he said.

The comments by Fetui were made during the House hearing last week with the Director of Public Works Faleosina Voigt, after the U.S. Army Corps of Engineers served the American Samoa Government with a “Notice of Violation” over unauthorized activities involving the discharge of fill material into waters of the United States and the unauthorized work in navigable waters along the shoreline in the village of Tula.

After serving ASG with a “Notice of Violation” the Army Corps launched an investigation into Paramount Builders, Inc. over alleged activities performed without a federal permit in Amaile Stream in Nu’uuli.

The Vice Speaker said the project in Tula was implemented under emergency orders as a result of the king tides and also the territory is now facing the hurricane season and the cited project was necessary.

Two months ago Linda Speerstra, Chief of the US Corps Regulatory Office wrote to the DPW director citing that the Pacific Ocean is a traditional navigable water and therefore, a waters of the United States (WOTUS) and is subject to jurisdiction of the US Army Corps.

Speerstra cited federal law, the Rivers and Harbors Act (RHA) of 1899 which requires that a permit must be obtained for certain structures or work in, over, under or affecting navigable waters of the U.S., prior to conducting the work.

The Pacific Ocean is subject to the ebb and flow of the tide and therefore, are navigable waters of the United States and it’s subject to jurisdiction under Section 10 of the Rivers and Harbors Act

Speerstra  said the activity required a permit. “

We reviewed our records and concluded a permit was not obtained by DPW. Therefore, the work is in violation of Section 10 of the RHA and Section 301 of the CWA (33 U.S.C. § 1311).”

Regarding the work done at the Nu’uuli stream, Leah Fisher Acting Chief, Regulatory Office said in a separate letter, dated Dec. 21, 2022, to the owner of Paramount Builders, Laulii Alofa that activities performed in Amaile Stream in Nu’uuli were done without a federal permit.

Meanwhile four U.S Army Corp of Engineers officials testified before the Senate yesterday (see story elsewhere in this edition) and were scheduled to depart last night.

Governor Lemanu P. S. Mauga confirmed earlier in a statement that a meeting with the U.S. Army Corp of Engineers Regulatory personnel was held to establish communication between the territory and the federal agency on ways to resolve outstanding actions that have caused the standstill of ongoing projects.

As a result of the meeting, Acting Director Leah Caldwell recommended that ASG resubmit documentation and reports to explain the continuation of the projects under the emergency declaration.

“Obtaining a permit is a timely and lengthy process, however, we are grateful for the conversations and discussions that have happened today with USACE, to move American Samoa forward in this matter,” the governor stated at the time.

“As a small island territory, the effects of climate change know no limitations and no boundaries. It is paramount that the government must continue to do the work to protect our people, and preserve the land that we are losing to the rising tides.”