Pago Pago, AMERICAN SAMOA — Last week’s meeting of the American Samoa Zoning Board revived a long‑standing question over who is legally entitled to receive lease payments for land in Atu‘u currently occupied by foreign‑owned businesses. The discussion has renewed calls for clarity on who, under law and custom, should be receiving the lease payments tied to the site.

The issue came to the forefront when Tu‘ulalo Nua, a local resident with family ties to Manu‘a, appeared before the Zoning Board on behalf of Xiangzhen He, an Asian businesswoman who is currently in the process of building a new structure at Atu‘u that she allegedly leases from Nua’s uncle.

Nua explained that the structure in question once stood along the roadside across from the canneries and previously housed the well‑known Seoul Bar before it was demolished. He told the Board that the old building had been constructed largely of wood, and the building owner now intends to replace it with a more durable structure made of concrete and metal. That plan, he said, is the reason they are seeking a variance from the Board.

However, Zoning Board Legal Counsel, General Louise H. Lafitaga, clarified that once a building is demolished, the land reverts back to Watershed Conservation zoned under statutory laws. This means that the applicant needs to apply for a new variance.

According to the application for a land‑use permit, Ms. Xiangzhen He’s business license is registered under Guo Inc., of which she is currently president, doing business as Lin’s Store. Viced President is Vagana Siaosi, and Secretary/Treasurer is Isaako Siaosi. The lease agreement is $3,000 per month.

In an interview with Zoning Board member Taesali Matagi, the Eastern District Governor’s representative on the board, explained that the parcel of land in Atu‘u where the proposed business would operate belongs to the Paramount Chief Mauga of Pago Pago. Records from the Registrar’s Office confirm that an indenture — a formal, legally binding agreement — was executed in 1911 by PC Mauga Moimoi, his wife Faapio, and then Manu‘a District Governor Tufele of Si‘ufaga, Manu‘a.

The indenture designates Tufele "as Trustee for the People of Manu‘a, (receipt whereof is hereby acknowledged) do by those presents grant, bargain, sell, convey and confirm unto the said party of the second part, as Trustee for the People of Manua, and to his successors and assigns forever, all that part or parcel of land situated in the village of Pago Pago, Tutuila, and known as the land Atu‘u….To have and to hold, all and singular, the above‑mentioned and described premises, together with the appurtenances, unto the said party of the second part, his successors or assigns IN TRUST, for the USE and BENEFIT of the People of Manu‘a.”

Taesali explained that the indenture was originally executed by PC Mauga Moimoi to ensure that people from Manu‘a had land to reside on in Tutuila while working and supporting their families back home. Over time, however, some Manu‘a residents who were assigned parcels under the trust arrangement began leasing those lands to foreign‑owned businesses and receiving monetary payments as lessors directly. This is a practice that continues to raise questions about who is the lessor and who is the lessee, and whether such private leasing aligns with the original intent of the 1911 trust agreement.

Taesali said that during the funeral preparations for former Governor Lolo Moliga, he was approached by several Manu‘a matai who raised concerns about the land‑lease payments in Atu‘u. They told him that all monetary proceeds from leases on the Atu‘u trust lands should benefit the people of Manu‘a as a whole, not only the individual families who were assigned lots under the 1911 trust agreement.

Taesali, who also serves as chairman of the Land Commission, said he advised them to submit a formal letter to Manu‘a District Governor Poumele A. Galeai so the matter could be properly brought before the Land Commission for review.

Manu‘a District representative to the Zoning Board, Tavita Tili, echoed concerns long raised by Manu‘a matai, arguing that any monetary payments for the use of the Atu‘u land should benefit the people of Manu‘a. He said the Manu‘a District Governor should be actively engaged in resolving the matter to ensure the community’s interests are protected.

“The people of Manu‘a should take an interest in this trust agreement because there’s a lot of money involved,” Tili said. “This trust agreement was executed in 1911 — that’s 115 years ago. Where did all the rental income go?”

Differences over how to interpret the trust agreement—particularly the scope of authority vested in the Trustee—first reached the High Court of American Samoa in 1988, when Tufele Li‘a, acting as trustee for the people of Manu‘a, sought to evict Alesene Mose from a small building on the Atu‘u trust land so the Manu‘a District could construct an administrative office.

In that case, the court made several key findings:

1911 Warranty Deed — The deed from Mauga Moimoi to “Tufele and his successors or assigns” created a valid trust for the use and benefit of the people of Manu‘a.

Trusteeship follows the matai title — The trusteeship automatically devolves to each successive holder of the Tufele matai title, not to the heirs or estate of any individual titleholder.

Occupants have use rights only — Individuals living or operating on the land possess use rights, not ownership, and cannot lease, sublease, or assign their possessory rights to others.

Reversion of possession — When an occupant leaves, abandons, or ceases to use a site, possession reverts to the trustee and, by extension, to the people of Manu‘a.

The court ultimately ruled in favor of Tufele, allowing him to reclaim the building for Manu‘a District purposes.

Key appellate findings included:

Trusteeship follows the Tufele title — The appellate court agreed that the trusteeship properly devolves to the successive holders of the Tufele matai title, consistent with the trial court’s interpretation.

Alternative interpretation noted — The court acknowledged that the phrase “successors or assigns” could be read to mean the Manu‘a District Governor, but found the issue moot because Tufele Li‘a had, by that time, become District Governor as well.

Trust benefits the people of Manu‘a — The appellate panel reaffirmed that the Atu‘u trust land is held for the collective benefit of the people of Manu‘a, not for any individual, family, or private interest.

The appellate court ultimately upheld the trial court’s ruling in favor of Tufele.

These rulings form the binding legal framework that underpins the dispute now before the Zoning Board. In essence, the courts have made clear that:

The Atu‘u parcel is trust land — It is not individually owned, and no private person or family holds title to it.

The trustee is the holder of the Tufele title — Authority over the land rests with the current Tufele matai, as established by the 1911 deed and affirmed by the courts.

Lease payments must benefit the people of Manu‘a — Any monetary payments arising from the use of the land must flow to the trust, not to private individuals or families.

Occupants cannot lease to foreign businesses — Occupants have use rights only and cannot lease or sublease to foreign businesses unless the trustee expressly authorizes it, and even then, the benefit must accrue to the trust.

Commercial activity is restricted — Any commercial use beyond basic occupancy falls outside the intent of the trust unless approved by the trustee for the collective benefit of the Manu‘a community.

With the Tufele title currently vacant, it remains unclear who legally serves as trustee of the Atu‘u trust land, as the High Court has never determined whether the Manu‘a District Governor may assume that role in the interim. This unresolved question is what led the Zoning Board to table the variance request until the issue of authority over the land is clarified.

Attempts to reach Manu‘a District Governor Sen. Poumele Apisa Galeai Poumele for comment on the matter were unsuccessful.