by Fili SagapoluteleSamoa News Correspondent

The four Alega residents who brought a federal law-suit which targets only AST Telecom, d.b.a, Bluesky Com-munications along with the company’s current and former executives for alleged viola-tions of US Federal Communi-cations Commission rules and regulations, have not identifi ed provision or supporting legal authority that authorizes action to enforce the FCC regulations, which plaintiffs raised in their claim.

This is according to a July 9th “Statement of Interest” letter from FCC’s acting gen-eral counsel, P. Michele Ellison to Brian Boynton, Acting Assis-tant Attorney General for the US Justice Department’s Civil Division, following an invita-tion from the federal court in Honolulu for the FCC to submit an “amicus curiae” — or friends of the court brief on the plain-tiffs’ lawsuit fi led earlier this year.

Chief U.S District Court Judge, J. Micheal Seabright at the Honolulu federal court invited the FCC to submit an amicus brief addressing whether the federal Communications Act provides a private right of action for alleged violations of FCC regulations regarding radio

frequency emissions; and FCC regulations regarding antenna height and power requirements.

“To bring a private action challenging alleged violations of FCC regulations, the plain-tiffs must identify some specifi c provision in the Communica-tions Act that clearly authorizes private actions to enforce the regulations they invoke,” wrote Ellison to Boynton.

“Here, however, the plain-tiffs have not identifi ed any such provision or supporting legal authority that authorizes a pri-vate action to enforce the FCC regulations at issue, and we are not aware of any other provision of the Communications Act that would support a private right of action in these circumstances,” Ellison concluded.

Ellison’s six-page letter was fi led with the federal court in Honolulu last Thursday by the US Attorney’s Offi ce in Hawaii, according to public court records. FCC also publicly released the letter last week Thursday on its link: (https://docs.fcc.gov/public/attach-ments/DOC-374120A1.pdf).

The FCC, in the letter gave the federal court an explanation on the various sections of the federal Communications Act cited by the plaintiffs, as well as decisions made by other federal

FCC SUBMITS “STATEMENT OF

INTEREST” IN AST TELECOM CIVIL SUIT

C M

Y K

C M

Y K

NO AUTHORIZATION IDENTIFIED FOR PRIVATE ACTION TO ENFORCE REGULATIONS

PAGO PAGO, AMERICAN SAMOA $1.00TUESDAY, JULY 20, 2021 ONLINE@SAMOANEWS.COM

SURFING’S OLYMPIC DEBUT — CELEBRATION OR MORE RACIAL INDIGNITIES?

SUMMER BAND INSTITUTEThis photo taken by Melody

P. Kitiona was posted to the Department of Education (ASDOE) website showing some of the participants of the “Summer Band Institute” orga-nized by the ASDOE Offi ce of Curriculum and Instruction. It was held June 28 to July 15 and participants, who completed the course, were awarded a Certifi -cate of Completion.

Gov. Lemanu Peleti Mauga in his 2021 Flag Day address spoke of his initiative to revive marching bands in the com-munity through a program in schools and churches.

[photo: courtesy M.P. Kitiona]

In this 1924 fi le photo, Johnny Weissmuller, left, and Duke Kahanamoku are seen at the 1924 Olympic games in Paris.

For some Native Hawaiians, surfi ng’s Olympic debut is both a celebration of a cultural touchstone invented by their ancestors, and an extension of the racial indignities seared into the history of the game and their homeland. (Read story inside for details.)

Kahanamoku was a Native Hawaiian swimmer who won fi ve Olympic medals and is known as the godfather of modern surfi ng who introduced the sport in surfi ng exhibitions in Australia and California. [AP Photo/File]

by Fili SagapoluteleSamoa News Correspondent

A Senate Concurrent Resolution introduced last week Thursday in the Senate, expresses the support of the Legislature for itself and on behalf of the people of American Samoa, for the Fed-eral Court of Appeals ruling in “respecting the right of the American Samoan people to retain our current statutory birthright status as U.S Nationals.”

The 10-page resolution, sponsored by Senate

President Tuaolo Manaia Fruean, is referring to the June 15th ruling by the Tenth Circuit Court of Appeals, in the Fitisemanu v. United States case, which reversed a lower court’s ruling. (See Samoa News online June 16th for details of the appeal’s court ruling.)

According to the resolution, the decision by the 10th Circuit confi rms that,“the U.S. Con-gress properly has conferred statutory birthright U.S. nationality on persons born in American Samoa.”

SENATE CONCURRENT RESOLUTION SUPPORTS RECENT

RULING IN CITIZENSHIP CASEIT IS NOT A FORM OF ‘SECOND CLASS

CITIZENSHIP’ FOR AMERICAN SAMOANS”

(Continued on page 9)(Continued on page 8)

Page 2 samoa news, Tuesday, July 20, 2021

SANTA CRUZ, Calif. (AP) — For some Native Hawai-ians, surfi ng’s Olympic debut is both a celebration of a cultural touchstone invented by their ancestors, and an extension of the racial indignities seared into the history of the game and their homeland.

The Tokyo Summer Games, which open July 23, serve as a proxy for that unresolved ten-sion and resentment, according to the ethnic Hawaiians who lament that surfi ng and their identity have been culturally appropriated by white out-siders who now stand to benefi t the most from the $10 billion industry.

“You had Native Hawaiians in the background being a part of the development of it and just not being really recognized,” said Isaiah Helekunihi Walker, a Hawaii historian and activist. “There’s an element of them taking over. That’s when there’s no more aloha.”

The Indigenous people of Hawaii traditionally viewed the act of stylishly riding ocean waves on a board for fun and competition as a spiritual art

form and egalitarian national pastime that connected them to the land and sea.

White European settlers who fi rst learned of the sport when they arrived to the island both vilifi ed and capitalized on the sport. Christian missionaries disapproved of the nudity on display, yet white businessmen later ran a whites-only surf club on Waikiki beach.

Today, white people are still seen as the leaders and authori-ties of the sport globally, as surf-ing’s evolution is now a legacy shaped by white perspec-tives: from practically Native Hawaiian birthright to censured water activity, and California counterculture symbol to global professional sports league.

Imagine if the Hollywood version of yoga became an Olympic sport, and by default overshadowed its roots in India, whitewashing the original cul-tural fl avor into a white Califor-nian trope.

“It’s the paradox and hypoc-risy of colonization,” said Walker, a BYU-Hawaii his-tory professor who is Native Hawaiian.

White settlers fi rst arrived on the island in the 1700s, bringing with them disease that nearly wiped out the Native Hawaiian population, conquest to take over the land and its bounty of natural resources, and racist atti-tudes that relegated the Indige-nous population to second-class citizenship.

Though it was three Native Hawaiian princes who fi rst showed off surfi ng to the main-land in 1885 during a visit to Santa Cruz, California, white businessmen are credited with selling surfi ng and Hawaii as an exotic tourism commodity for the wealthy.

That trajectory has since manifested into a professional sports league largely fronted by white athletes.

But the Native Hawaiians never gave up their sport and by the 1970s, there was a full-blown racial clash around surfi ng with well-documented fi ghts in the ocean. The issue pitted Native Hawaiians and some white residents who grew up among them against the white Califor-nian and Australian surfers who sought to exclude locals from

the world’s best waves on their very own turf.

An infamous brawl involved a trash-talking Australian surfer named Wayne “Rabbit” Bar-tholomew, who was battered and humbled by the locals. The surfi ng world’s reverence for Hawaii and Native Hawaiians was cemented. Bartholomew would go on to run the Associa-tion of Surfi ng Professionals, an earlier iteration of the current pro league.

“I treaded lightly in light of what they went through because there was an internalization that this is something that was stolen from them,” said Richard Schmidt, who was among the white Californian pro surfers on the scene in that era.

“You’re never a complete surfer until you prove yourself in Hawaii.”

Yet critics say the business and branding aspect of the sport and lifestyle largely remained white-centered.

“When surfi ng started to become really popular, that trig-gered money and that triggered business people and things we’d never thought we’d have to deal with as people who surf in Hawaii,” said Walter Ritte, a longtime Native Hawaiian activist. “There’s no doubt that the control is not here in Hawaii.”

The effort to take back surf-ing’s narrative is why sover-eignty activists applied for a Hawaii Kingdom national team to compete at the Olympics. Their longshot request hinges on the fact that they say there was no ratifi ed treaty that ever formally dissolved Hawaii’s autonomy.

The United States annexed Hawaii in 1898 after the over-throw of the Hawaiian mon-archy by U.S.-backed forces in 1893.

A statement from the Inter-national Olympic Committee, which has ignored the request, noted only that applicants must be an “independent state rec-ognized by the international community.”

This geopolitical dynamic will be on display when Carissa Moore and John John Florence are in the surf zone to compete for the U.S.

Neither is eager to discuss their views on the matter but they are two of professional surfi ng’s biggest stars who have long competed under the Hawaii fl ag in the pro league, as the World Surf League recognizes Hawaii as a “sovereign surfi ng nation.” Moore as the reigning female world champion is also the only Olympic surfer who is

ethnically Hawaiian.“The hurt and the wounds

go back really far,” Moore said. “I usually compete under the Hawaii fl ag all year with the WSL...For me, that’s not a huge focus right now. I think that I can still represent both, even if I’m not wearing the fl ag on my sleeve. I’m wearing it on my heart.”

Tatiana Weston-Webb, a white woman who grew up in Hawaii and will surf for her mother’s native Brazil at the Olympics, said Native Hawai-ians deserve more recognition but rejected the idea that they are disrespected.

“I don’t think that they’re being overshadowed,” Weston-Webb said. “It just depends on how you look at the situation.”

Fernando Aguerre as presi-dent of the International Surfi ng Association, the Olympic gov-erning body for surfi ng, pledged to honor Hawaii and Duke Kahanamoku, the godfather of modern surfi ng, during the Games.

Like many surfi ng industry leaders, Aguerre, who is from Argentina, invokes the legend of Kahanamoku often, even noting that he named his son after the Native Hawaiian icon.

Kahanamoku was an Olympic swimmer who won fi ve medals and introduced the sport via surfi ng exhibitions in places like California, New Jersey, Australia, New Zealand and Europe.

He lobbied the IOC at the 1912 Summer Games in Stockholm to include it in the Olympics, and was the ultimate waterman, whose legacy also includes popularizing fl utter swimming kicks and spreading the concept of lifeguarding and water rescue to the masses.

“Everything we do has a connection to Hawaii. I think it’s impossible to detach Hawai-ianness from surfi ng,” Aguerre said. “The ocean doesn’t really care about hate, war or govern-ments. Surfi ng is that way, too.”

Didi Robello, a descendant of Kahanamoku, said none of his family members have been contacted to participate in any Olympic celebrations.

He said his grand-uncle’s name and legacy are exploited, which has become a great source of pain for the family because the trademark rights to the Kahanamoku name are owned by outsiders.

“We’re getting ripped off,” Robello said. “It’s embarrassing.”

Olympic surfi ng exposes whitewashed Native Hawaiian roots

VACANCY:SEAMER SPECIALIST, SR. ASSOCIATE

DUTIES/RESPONSIBILITIES:• Perform preventative and predictive maintenance, and to improve the reliability and safety ofour manufacturing equipment.PRINCIPAL ACCOUNTABILITIES • Perform lubrication, preventive maintenance, and repairs as directed by maintenance orproduction leadership.• Weld, burn, and braze (AC-DC stick, oxygen acetylene) to a reasonable degree of strength withthe appropriate accuracy and appearance.• Develop preventive maintenance program for all canning equipment in conjunction withEngineering Manager.• Read, follow, and interpret basic types of piping schematics as well as blueprints, illustratedpart’s breakdown, etc., essential to the plant.• Assist with rebuild, diagnosis, adjustments and repairs as needed to all equipment in the fillingarea of the Production Department.• Hands on position to make Seamer adjustments as required.• Must fully understand can Seamer defects and adjustments required to correct the can seamdefects.• Must be able to order appropriate parts to repair and maintain Can Seamers.• Attend training sessions or utilize other methods to acquire knowledge of seaming equipmentor systems.• Other duties and projects as assigned.PRINCIPAL ACCOUNTABILITIES• Minimum 5 years of overall professional maintenance experience in a manufacturing, technical,industrial or related field.• Experience working with Angelus and Continental seamers a plus• BA or BS in engineering field, or equivalent experience• Knowledge of corporate policies and compliance• Demonstrated prior success in achieving results using team driven philosophies• Demonstrated proficiency in supporting corporate interest from remote site locations andability to communicate and exercise very positive people skills.• Must be available to work all shifts, overtime and weekends• Must have very good English communication skills to support production and QA staff.

Interested parties may apply by submitting their resume via email to samoahr@starkist.com

APPLICATION DEADLINE: AUGUST 16, 2021STARKIST SAMOA, CO. IS AN EQUAL OPPORTUNITY EMPLOYER

samoa news, Tuesday, July 20, 2021 Page 3

by Ausage FausiaSamoa News Reporter

A 40-year-old man convicted of violating the territory’s drug laws was given a huge break by the court when he was sen-tenced to serve 20 months at the Territorial Correctional Facility (TCF), as one of the conditions of his 5-year probation. He and a co-defendant were originally detained after a traffi c stop for not wearing seatbelts.

Filipo Lavea’i, who has been in custody since his arrest in April of last year, unable to post a $10,000 bond, appeared in court last week for sentencing.

Lavea’i was initially charged with one count of unlawful pos-session of methamphetamine (meth); one count of unlawful possession of meth with the intent to distribute; both unclas-sifi ed felonies which carry an imprisonment sentence between 5 to 10 years, a fi ne between $5,000 and $20,000, or both; along with one count of unlawful possession of fi re-arms and one count of unlawful possession of ammunition, both class D felonies, punishable by imprisonment of up to 5 years, a fi ne of up to $5,000, or both.

However, in a plea agree-ment, accepted by the court in February of this year, Lavea’i pled guilty to the offense of unlawful possession of methamphetamine.

Lavea’i admits that on Mar. 17, 2020 police discovered inside his vehicle a bag con-taining meth that he got from an individual and was ready to deliver it to another person, along with contraband and ammunition.

When given a chance to address the court, Lavea’i apologized for his action and begged for a chance to return home to seek employment so that he could provide for his children and his parents.

He told the court that he made a stupid mistake by becoming involved with drugs. His decision not only destroyed his family but also ruined his good job as a mechanic for one of the private companies on island.

“Please your honor, grant me one more chance so that I can prove myself to the court. I also want to fi nd a job to pay for my fi ne and provide for my parents, family and my young children,” Lavea’i said, adding that he’s truly remorseful for what he did and he promised that he would never come back before the court.

“How are you going to provide for your family and children?” the court asked the defendant.

Lavea’i replied, “I need to fi nd a job fi rst to feed my family and start to rebuild my life by not engaging with my old friends who deal with alcohol

and illegal drugs.”The court asked, “Where are

you going to fi nd a job?”The defendant replied, “I

will check with my previous employer if they still have a job for me, and if they say no, I will visit other private compa-nies here in American Samoa, who deal with mechanic jobs and many other companies including the local cannery.”

The court told the defendant that the court does not want any sweet talk. The court needs to know what are his plans for the future because the court will not let him go home until he serves his sentence for violating local drugs laws.

The defendant repeated his previous answer about securing gainful employment.

The defense asked the court to sentence his client to a pro-bated sentence and allow him to return home to seek a job to care for his family, pointing to his client never having a criminal record until this incident last year for which he was arrested and convicted.

The Prosecutor however asked the court to sentence Lavea’i to a period of incarcera-tion. According to the govern-ment’s attorney, the problem of illegal drugs in the territory is on the rise, and the defendant’s action was very serious where he was caught with illegal drugs, a gun and ammunition inside his vehicle.

In delivering its decision, the court acknowledged the defense attorney’s submission asking the court to consider the defen-dant’s early admission to the crime against him. However, on the other side of the coin, the case against this defendant is very serious and affects the safety of the people of this community.

The court then sentenced Lavea’i to a term of imprison-ment of 5 years and a fi ne of $5,000. Execution of sentence was suspended and the defen-dant was placed on probation for fi ve years subject to several conditions.

Lavea’i shall serve a period of detention of 20 months at the TCF, he will be credited for the 16 months he has already served while awaiting the outcome of this matter. The defendant needs to serve 4 more months before he’s released.

Upon release from TCF, the court ordered the defen-dant to seek and secure gainful employment within 90 days, or report back to the TCF to serve the suspended period of his 5 years imprisonment.

The court also reminded Lavea’i that the court is not con-sidering the condition of depar-ture at this time, however, if he violates any conditions of his probation, the court will look at his case again in the future.

CLICK IT OR TICKET — OR WORSE IF YOU’RE FOUND WITH METH SPECIAL NOTICE ON IMPORTING PESTICIDES

AND DEVICES INTO AMERICAN SAMOAThe American Samoa Environmental Protection Agency (AS-EPA) would like to inform the general public that Effective on August 01, 2021 a NOTICE OF INTENT (NOI) and NOTICE OF ARRIVAL (NOA) Forms must be filled out and submitted to AS-EPA prior to the importation and arrival of any pesticides or devices into the Territory.

The Federal insecticide, Fungicide, Rodenticide act (FIFRA) defines a pesticide to include ‘’any substances or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest’’and defines devices as ‘’any instrument or contrivance that is intended for trapping, destroying, repelling, or mitigating any pest.’’

The NOI Form must be completed by anyone who wishes to import pesticides or de-vises for personal use or for sale and distribution. Upon completion, NOI Form must be submitted to AS-EPA for their review and pre-approval process. Once the NOI Form is pre-approved, a NOA Form must be completed and submitted to AS-EPA prior to the arrival of the pesticides or devices into the Territory. The NOI and NOA Forms can be downloaded online at: www.epa.as.gov

For more information on the NOI/NOA forms and the process for importing pesticide and devices into American Samoa, please contact AS-EPA at 684-633-2304.

Faamao O. Asalele Jr.,Director

American Samoa Environment Protection AgencyAmerican Samoa Environment Protection Agency

PUBLIC NOTICE

DEPARTMENT of COMMERCEProject Notification & Review System

Notice is hereby given that the Department of Commerce/American Samoa Coastal Management Program has received a Land Use Permit Application from the following individuals. 1. Alama & Alofagia Tua ....................................................................................................................................... 21-7560-LVB

Proposal for new construction of a commercial use with utilities - A’asu2. Dorothy Gurr...................................................................................................................................................... 21-7567-L

Proposal for driveway to include excavation - Mapusaga3. Sarai Fanene Lemalu ........................................................................................................................................ 21-7444-LVB

Proposal to repair existing structure with utilities for commercial Taxi Stand - Malaeimi4. Faitamai Leomiti ............................................................................................................................................... 21-7585-L

Proposal for excavatiaon & clearing & filling - Pava’ia’i ..................................................................................... 21-7603-L5. Sheena Heather ................................................................................................................................................ 21-7500-L

Proposal for new construction of a swimming pool to include retaining wall - Nu’uuli/Avau6. Faasolo Nu’u .................................................................................................................................................... 21-7513-L

Proposal to repair driveway to include paving - Pago Pago7. Lucy Tuaua ........................................................................................................................................................ 21-7466-LVB

Proposal for repair and extensionto commercial retail store - Vaitogi8. Iakopo Tupua .................................................................................................................................................... 21-7566-L

Proposal for new construction of a residential structure with utilities - Fagatogo9. Joe Taylor ................................................................................................................................................. 21-7549-L

Proposal for new construction of a residential structure with utilities - Tafuna10. Joe Taylor ............................................................................................................................................... 21-7572-LVB

Proposal for new extension of a commercial structure - Tafuna11. David Haleck .......................................................................................................................................... 21-7579 LVB

Proposal for a new construction of a commercial warehouse with Utilities - Tafuna12. DOH/DPW c/o Faleosing Voigt ............................................................................................................. 21-7556-ASG

Proposal to repair existing government building with utlities - Tafuna13. DOE/DPW c/o Faleosina Voigt ............................................................................................................. 21-7555-ASG

Proposal for demolition and new construction of a two story School building with utilitiesPersons interested in or affected by a proposed project, are invited to review the project file and provide comments based on environmental issues, by contacting Aokusotino Mao at 633-5155, at the Department of Commerce in Utulei during regular ASG working hours. Public comments must be received no later than 4:00 p.m. on Tuesday July 20, 2021. Interested individuals are also invited to attend a Public Hearing at 9:00 a.m. Wednesday July 21, 2021 at DOC Conference Room, on the 2nd Floor of the Executive Office Building in Utulei.O lo’o iai i le Ofisa o Fefa’ataua’ina ni talosaga mo Pemita e Fa’atagainaai le Fa’aaogaina o Fanua ma Laueleele e tusa ma ala o le Tulafono. A iai se tasi e fa’asea pe fia tusia se molimau ini afaina o le si’osi’omaga pe a galuea’ina nei galuega, telefoni mai ia Aokusotino Mao i le 633-5155. E mafai fo’i ona e auai i le fono a le Komiti Faafoe ia Iulai 21, 2021, ile itula e 9 ile taeao.

LEGAL NOTICE

PNRS BOARD MEETING

July 21, 2021

LEGAL NOTICE

(Continued on page 8)

by Ausage FausiaSamoa News Reporter

MAREKO TAGIAOA man accused of disturbing

the public peace at his residence in Faleniu — being loud and throwing an empty beer bottle into his neighbor’s yard — is now facing multiple charges, including methamphetamine (meth) possession.

Mareko Tagiao, 35, made his initial appearance in court last week. He’s charged with unlawful possession of meth, a felony; and three misde-meanors: trespass, third degree assault, and PPD.

Bail is set at $5,000 and the preliminary hearing is next week.

THE CASEOn the night of July 3rd, a

man from Faleniu called police, reporting that his neighbor was drinking and making loud noises.

When cops arrived, they spoke to the suspect and advised him to keep the noise down, in consideration of the elderly folks who live nearby. The sus-pect said he would, and the cops left. An hour later, the same caller contacted police again, saying they can’t sleep because the suspect and his friends were loud and yelling profanities at him and his family.

Upon arrival at the scene, the caller met with the cops and told them that when the police unit drove away from the suspect’s house following the initial visit that night, the suspect threw an empty beer bottle towards the window of his room while he was trying to sleep, and as a result, some louvers were shattered.

When police approached the suspect, he yelled out to the caller, telling him he had no right to call authorities. He also said he is drinking on his land and nobody can tell him what to do.

Offi cers tried to calm the suspect down, but he continued to be loud and make threatening remarks to the caller. He also pulled his hands away from police when they were trying to escort him out of the house. The suspect continued walking towards the caller’s home, chal-lenging him to a fi st fi ght.

That’s when cops placed him under arrest.

During a standard body search, police felt a hard object in the suspect’s pants pocket. When asked what it was, the suspect responded, “O le paipa tiaota” (It’s a glass pipe). The glass pipe contained a white crystalline substance that later tested positive for meth.

UIKI MOALAA man who is on probation

for stealing and burglary was arrested again on the allegation he violated local drug laws.

Uiki Moala was a passenger in a white pick-up truck that was pulled over by police last month in Futiga where a glass pipe containing white crystal-line substance and a baggie con-taining green leafy substance were found in his pants pocket.

The government claims that on the early morning of June 19th, 2021, two police offi cers patrolling in Futiga observed a white pick-up truck with an expired tag on its rear license plate.

Police offi cers immediately pulled the vehicle over, which

had two male individuals inside. Moala, the defendant, was a passenger.

The driver of the vehicle, Matthew Tevaga, the owner of the vehicle, provided his valid immigration I.D and driver’s license to offi cers. The vehicle registration had expired in May 2019. Tevaga received traffi c citations from the offi cers for violating traffi c laws.

While offi cers were speaking to the driver, the defendant, Moala, opened the passenger’s door and exited the vehicle. He was instructed by an offi cer to get back inside the vehicle; however, Moala continued to stand outside of the vehicle ignoring the offi cer’s request.

While Moala was walking around at the back of the vehicle, he tried to reach inside the left pocket of his pants, while at the same time trying to avoid the offi cer who walked over to him.

Offi cers instructed Moala to remove his hands from his pocket, but Moala did not comply. Offi cers immediately arrested and and placed him inside the police unit.

A body search was conducted on Moala where offi cers dis-covered a glass pipe containing white crystalline substance inside that later tested positive for meth. Offi cers also found a small stamp-sized baggie con-taining green leafy substance during the body search. The green leafy substance was tested and was positive for THC, the active ingredient in marijuana.

The defendant told offi cers he got the glass pipe containing meth and the baggie of mari-juana from his friend for $50, and the reason he smoked meth is to give him strength while working at his plantation. Mari-juana was for his friend.

The driver of the vehicle was also interviewed by police and told offi cers that Moala fl agged him down for a ride and asked him to drop him off at his friend’s in Leone.

According to the driver’s statement, it was on their way to drop Moala to his friend’s house when offi cers pulled over his vehicle for an expired tag.

Moala made his initial appearance in court. He’s

charged with one count of unlawful possession of meth and one count of unlawful possession of marijuana, both unclassifi ed felonies, punish-able by a term of imprisonment from 5 to 10 years, a fi ne not more than $20,000, or both.

Bail is set at $5,000.PANIA FILIGAA 40-year-old man from

Tafuna who was accused of driving a motor vehicle while his license has been perma-nently suspended by the court has pled guilty to felony driving, a class D felony.

Pania Filiga, who has remained in custody since his arrest on Dec. 19, 2020 appeared in Court last week for his Change of Plea hearing.

Filiga pled guilty to the initial charge under a plea agreement with the government. With his guilty plea, Filiga admits that on Dec. 19, 2020 he operated a motor vehicle on the public highways while his license was permanently suspended by the District Court, due to three previous convictions of driving under the infl uence of alcohol.

His plea agreement was accepted by the court and sen-tencing is scheduled for next month.

MOSE TAGALOAA 42-year-old father of four,

convicted for assaulting his neighbor’s son with a metal pipe was ordered by the court to depart the territory and remain outside of its borders as a con-dition of his 5-year probation. He will depart the territory once fl ights between the two Samoas resume.

Mose Tagaloa, who has been in custody since his arrest in March of last year unable to post a $5,000 surety bond appeared in High Court last week for sentencing.

Tagaloa, an overstayer, was originally charged with 2nd degree assault, the charge he pled guilty to, a class D felony, punishable by imprisonment of up to 5 years, a fi ne of up to $5,000, or both.

When given the chance to address the court, Tagaloa apol-ogized for his action and begged for a second chance to return home to his wife and children.

He also told the court that he was truly remorseful for what he did.

His attorney asked the court for a probated sentenced without any additional period of deten-tion, which was also echoed by the prosecutor in this matter.

After a brief recess, the court sentenced Tagaloa to 5 years imprisonment and a $5,000 fi ne. Execution of sentence was sus-pended, and the defendant was placed on probation for 5 years subject to several conditions.

He shall serve 20 months in jail without any release what-soever. Upon release from detention, Tagaloa must imme-diately depart the territory and remain outside of its borders for the remaining period of his probation.

The court stated that based on the information provided by Probation, the defendant was here on a tourist visa.

The court ordered that once the defendant fi nished serving his detention, and with his travel arrangements completed, he would only then be released to the Probation Offi ce and trans-ported to his port of exit.

Furthermore, the court ordered that the certifi ed copy of the Judgment and Sentence must be served on the Chief Immigration Offi cer or his assignee to make sure the defen-dant’s name is on their lookout list.

BACKGROUNDThe arrest was made on

Mar. 20th, 2020 when Tagaloa and two of his buddies were drinking in front of a house.

According to the criminal complaint, when it started raining, Tagaloa and his friends made their way into the home. At that point, his 17-year old niece and the 18-year-old victim, who is a boy from the neighborhood, were talking in the front of the house.

Tagaloa did not like his niece talking to the victim because he had heard that the victim and his two older brothers were alleg-edly involved in drugs.

Tagaloa called out to his niece to come home and she did. However, the victim yelled out to Tagaloa, saying that he

Page 4 samoa news, Tuesday, July 20, 2021

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holidays.Please send correspondences to: OF, dba Samoa News, Box 909, Pago Pago, Am. Samoa 96799.Contact us by Telephone at (684) 633-5599 Contact us by Fax at (684) 633-4864Contact us by Email at samoanews@samoatelco.comNormal business hours are Mon. thru Fri. 8am to 5pm.Permission to reproduce editorial and/or advertisements, in whole or in part, is required. Please

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(Continued on page 9)

samoa news, Tuesday, July 20, 2021 Page 5

Andrew McRae, RNZ Pacific The theft of his name led a

Pacific Island boy down a path of state care, where he was abused.

Fa’amoana Luafutu, 69, has shared his story at the inquiry into historical abuse in care sit-ting in South Auckland.

The Royal Commission has opened a two-week hearing into the harm and impacts on Pasifika peoples of abuse in state or faith-based care.

The hearing opened on Monday with a traditional Pacific welcome at the Fale o Samoa in Māngere.

Fa’amoana Luafutu came out from Samoa at the age of eight in 1960.

On his first day at school, the teachers said they could not pronounce his name and imme-diately changed it to John.

Fa’amoana was named after his grandfather and he believes taking his name away erased part of his identity.

‘’When they took his name away from me, that day at school, that is when this whole feeling of feeling not good enough started coming into my mind. I started questioning myself, why wasn’t my grand-father’s name good enough, you know, as a kid.’’

He said it marked the turning point of dislocation, disposses-sion, disorientation, disillusion and lost self-esteem experi-enced as a child.

He did not speak English at school.

He remembers one day when the teacher asked him to do homework.

He went home and asked

his auntie what homework was and she told him it was chores around the house.

‘’So, I picked up rubbish and mowed the lawns a bit. The next day at school everyone was asked what they did for home-work and I said I cut the grass and picked up rubbish.

‘’Everyone in the class laughed at me including the teacher. I didn’t want to go back to school after that.’’

INCORRECT RECORDSMany Pacific people in care

were not recorded as Pasifika in official records.

Fa’amoana said this was probably deliberate on the part of many, as it was for him.

‘’There’s a lot of us guys who wanted to shield our fami-lies by letting those names be spelt wrong, let it be said wrong, let them think we were Māori because the shame of our island parents, you know, and hide your ethnicity.’’

Fa’amoana spent time in foster care and boys’ homes and was abused in all of them, but for him the Ōwairaka Boys’ Home was the worst and it changed his life.

He said by the time he left there, the die had already been cast.

‘’I became non-conformist, hated everybody, hated the cops especially, hated authority and I was getting to the point when I was starting to hate myself and hate my culture. I had a love, hate relationship with my culture.’’

His path then led to borstal and prison.

In jail he started writing a book titled: A Boy called Broke,

My story, so far. He read a passage at the

hearing.‘’Of the time I have spent

here the only good thing I learnt was how to plant trees and scrub cutting, but I did learn every-thing negative like burglary, shoplifting, drinking booze, home brewing, armed robbery, safe cracking, tattooing and rebel, rebel, rebel. And a hatred for authority, arising from house masters in Ōwairaka, going on to screws in prison.

‘’When I think of Satalo and Poutasi and Falealili (the villages where I was born) and my present situation I realize sadly that I’ll never be the same again. Somewhere between

Fa’amoana and John there was a breakdown of sorts which had a devastating effect, leaving me here staring at the concrete ceiling of my cell.”

In recent years he has told his story through writing, the-atre, creative arts and music.

CHANCE FOR PACIFIC PEOPLE TO BE HEARDLuamanuvao Dame Winnie

Laban was this country’s first female MP of Pacific Island descent.

She told the hearing Pacific people migrated to Aotearoa-New Zealand to improve the lives of their family, but not all had success.

Laban said some children became the victims of poverty

and hardship, ending up in care.‘’It is my hope that the

Royal Commission of inquiry into abuse in care will provide an opportunity for our Pacific people to tell their stories. Be heard and to be understood and that we build a path grounded in our Pacific cultures and com-munities leading towards hope, healing and reconciliation.’’

Laban said she was deeply troubled when finding out that some Pacific Island children ended up in state care as a result of their parents being deported during the dawn raids of the 1970s.

She said some were abused in care and there needs to be restorative justice for them.

Abuse in state care resulted in hatred of his culture,

Samoan tells inquiryRegistration for all Catholic Schools are currently open. Registration for Fa’asao Marist High School and St. Theresa Elementary are done ONLY at OCE Office Fatuoaiga. Reg-istration for Marist St, Francis, MMM Lepua and Fatuoaiga Montessori are done at their schools. Starting date for the new School Year is August 30, 2021.

Documents required: 1. Birth certificate (copy) 2. Immunization record 3. Immigration ID if you’re not a US citizen or US National 4. Report card/transcript/diploma from last school attended. 5. Photo ID of parent or legal guardian (registering the student)

Registration Fee: $100.00 per childTuition fee: High School - $162.00 per child/month Elementary schools and Montessoris - $85.00 per child/month For returing students all outstanding fees are to be paid off before acceptance for registra-tion for the new school year.

For more information, please call OCE Office – 699-5023

OFFICE OF CATHOLIC EDUCATIONDIOCESE OF SAMOA PAGO PAGO

email: ocesecretary@gmail.comP.O. Box 596, Pago Pago, American Samoa 96799

Phone: (684) 699-1402/ 699-5023

The Owairaka Boys’ Home in Auckland was the worst and it changed Fa’amoana Luafutu’s life, he has told an inquiry. At age 69, he has shared his story at an inquiry into historical abuse in care sitting in South Auckland. [Photo / Te Ara, RNZ Pacific]

Gov. Lemanu Peleti Mauga (third from left) with ASG leaders at the head-table during the ava ceremony last Friday before the official Manu’a Cession Day cere-mony got underway at Malaetele on Ta’u Island, Manu’a. [photo: Leua Aiono Frost]

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samoa news, Tuesday, July 20, 2021 Page 7

By RNZ Pacifi c staffSamoa’s professional legal

body has fi rmly admonished the Head of State for his role in delaying parliament from convening.

The Samoa Law Society, in its submission to Friday’s Court of Appeal hearing to expedite an end to the country’s Con-stitutional and electoral crisis, was clear that the Head of State is bound as the faithful servant of the Constitution and not its master.

It submitted that the Head of State, whose offi ce is a creation of the Constitution, was obliged to do its bidding.

Part of that bidding is to ensure that parliament convene within 45 days from a General Election. His Highness had frustrated multiple attempts for this to happen since the April 9, ballot.

The vice-president of the Samoa Law Society, Su’a Hel-lene Wallwork, said their sub-mission was one of neutrality and that they had no interest in which party has the majority in parliament.

“Our interest, as the Law Society, is that the Constitution be allowed to bring into effect a Legislative Assembly and a government.”

The Society, in their submis-sion stated the judiciary had fi nal authority over Constitu-tional matters.

“We wholeheartedly support the proposition that the Supreme Court (and the Court of Appeal) has paramountcy in interpreting the Constitution and how it should come into effect.

“We believe it’s very diffi -cult to argue with the fact that the Constitution spells out that the Supreme Court has the fi nal say in how the Constitution should be interpreted and how it should be applied,” added Su’a.

“So if the Supreme Court or the Court of Appeal comes out with an interpretation of it, we support how that should be put into effect. And hopefully that will bring about a Legislative Assembly for Samoa.”

This stands in contrast to the position taken by the Head of State and the caretaker govern-ment, which advises him. The Society claims the offi ce of the Head of State has constitutional primacy over the judiciary.

The Law Society’s Su’a again referred to the Constitution.

“It’s very clear, it’s spelt out in Article 70 of the Con-stitution of the Independent State of Samoa that it is the Supreme Court that has the fi nal say on the interpretation of the Constitution.

“So the Law Society cannot take any other position than that.”

TIME LIMITS ON FUR-THER ELECTORAL PROCLAMATIONS

The Head of State, on July 4, called parliament to convene on August 2nd.

It is the latest electoral proc-lamation from O Le Ao O Le Malo and has again subverted a Supreme Court ruling for parlia-ment to sit, this time by Monday July 5. It also came beyond the 45 days when the Head of State is obliged to have parliament fi rst sit.

However, the Law Society’s Su’a said the power of his offi ce to do so is Constitutionally opaque as there is no provision for an extension of time to the Head of State beyond the 45 days from the election.

“Well I think that’s an issue to be decided by the Court of Appeal hearing that was held on

Friday. So we’re waiting to see how the court interprets that — the Head of State’s functions to convene parliament.”

But fundamental to the Court of Appeal’s Friday hearing is its determination as to whether the FAST Party’s impromptu ‘tent ceremony’ swearing-in will be recognized under the doctrine of necessity.

The Attorney General argued the criteria for necessity was not met as the Head of State was not present to validate and endorse it, saying constitutional and cus-tomary requirements were not satisfi ed.

The caretaker HRPP gov-ernment argued the issue of the 45-day period was not before the court. However, the Supreme

Court on 17 May upheld the 9 April election results and ruled parliament must sit within 45 days of them.

The election winner, FAST, submitted that their ‘tent cer-emony’ was mandatory under Section 52 of the Constitution so that the 45-day period could be met, and followed the ruling of the Supreme Court to do so.

Friday’s hearing was pre-sided over by Chief Justice Satiu Simativa Perese and assisted by Justices Niava Mata Tua-tagaloa and Tafaoimalo Leilani Tuala-Warren.

The decision will be deliv-ered before August 2, the day the latest Proclamation to con-vene Parliament was ordered by the Head of State.

Samoa Law Society submission

reproves Head of State’s decrees

oni’sHair Salon & Spa

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“It’s very clear, it’s spelt out in Article 70 of the Constitution of the Independent State of Samoa that it is the Supreme Court that has the fi nal say on the inter-pretation of the Constitution,” according to members of the Law Society [photo: RNZ Pacifi c]

Page 8 samoa news, Tuesday, July 20, 2021

courts on similar issues. Ellison notes that plaintiffs

have moved for leave to fi le a third amended complaint that, among other things, would add a claim under Section 332(c)(7)(B)(v) of the Communications Act, but it’s the FCC’s under-standing that the court has not yet decided whether to allow that amendment.

“Even if the court were to allow the plaintiffs to amend their complaint, Section 332(c)(7)(B)(v) could not sustain the plaintiffs’ claims here,” Ellison wrote. “That section creates a private right of action to chal-lenge a local government’s grant or denial of a request to construct or modify wireless communications facilities by fi ling a complaint within 30 days of such action.”

“This suit does not challenge regulatory action by any local government entities, who are not among the defendants here, but instead seeks relief against a telecommunications carrier, which is not a matter covered by Section 332(c)(7)(B)(v),” the letter states.

“And the plaintiffs’ claims here do not appear to arise from government action on any recent request to construct or modify any wireless facility, nor do the plaintiffs identify any such request that was acted on within the preceding 30 days,” it says.

Last Friday, Seabright ordered that the parties in this

case to fi le responses to the FCC statement by July 30th and the responses should be limited to addressing the points raised by the FCC’s, and should also address the level of deference the court is to accord the FCC’s opinion.

According to Seabright, responses shall not exceed ten pages or the corresponding word count. Furthermore, no other fi lings will be permitted pending the court’s ruling on the defense’s Motion to Dis-miss for Lack of Subject Matter Jurisdiction.

Plaintiffs in the lawsuit, which was fi rst fi led in February this year are Steven Jay Pincus Hueter, Rosalia Tisa Faamuli, Michael S. Kirk, and Faamuli Pete Faamuli - who are the same plaintiffs in separate but similar lawsuits fi led the Hono-lulu federal court.

Last week Wednesday, Seabright “dismissed without prejudice” plaintiffs separate lawsuit against AST Telecomm LLC including current and former executives, as well as the American Samoa Government, the American Samoa Power Authority, the American Samoa Telecommunications Authority, and individuals employed by these government entities.

Plaintiffs may refi le their complaint “as they see fi t”, but they must satisfy 60-day notice requirements. (See Samoa News online edition last Friday for details.)

VACANCY: COST ACCOUNTANT

DUTIES/RESPONSIBILITIES:• Perform advanced cost-accounting work covering material and production costs, costs of sales, research and product development, etc.• Perform co-pack accounting, monitoring ow of inventory and costs throughout co-pack process• Supports Senior Cost Accounting Supervisor.

PRINCIPAL ACCOUNTABILITIES • Prepare monthly journal entries and reconciliations for production costs.• Compare actual costs to standard costs and analyze variances.• Develop and maintain direct relationship with plant personnel.• Determine the adequacy of all inventory, production costs, xed assets and depreciation accounts.• Coordinate with External and Internal Auditors to determine the validity of inventory valuation and xed asset accounts.

PRINCIPAL ACCOUNTABILITIES • BS or BA in Accounting or Finance required• A minimum of 3-5 years of cost accounting and similar experience in xed asset accounting• SAP experience required• SAP material ledger preferred or willing to learn.• Inventory management• Actively participate in month end close• Pro ciency in supporting corporate interests and demonstrating positive people skills.

Send resume to: StarKist Human Resources Office 368 Atu’u Road Pago Pago, Am. Samoa 96799 Via E-mail: samoahr@starkist.com

APPLICATION DEADLINE: AUGUST 16, 2021STARKIST SAMOA, CO. IS AN EQUAL OPPORTUNITY EMPLOYER

BACKGROUNDOn Mar. 17th, 2020, the

defendant was arrested after police offi cers discovered illegal drugs, drug parapher-nalia and ammunition in his vehicle when police pulled him over for a traffi c violation. The defendant and a co-defendant Finau Alosio were both charged by the government in this matter.

Lavea’i was arrested after the vehicle he was in was stopped when both he and the driver were observed by police not wearing their seat belts.

Offi cers informed both men about why they were stopped. When asked for identifi cation, Lavea’i failed to provide any, and was asked to step out of the vehicle.

A small black bag was observed in the vehicle, and Lavea’i was asked who it belonged to and he responded, “It belongs to my brother Finau Alosio (co-defendant in this matter).

When cops asked if they could look inside the bag, Lavea’i said, “Yeah, go ahead.” Once opened, cops observed drugs, drug paraphernalia, ammunition and money. The

two men were immedi-ately detained and back-up was called. The vehicle was impounded and the two men were taken in for questioning.

The bag contained cash, ammunition, 7 small cut up straws containing a white crys-talline substance (which tested positive for meth); a medium sized baggie containing a white crystalline substance (which tested positive for meth); 25 medium sized empty baggies; 2 cell phones, and several other items (all noted on property forms).

When asked about the drugs and paraphernalia found inside the vehicle, Lavea’i said that the drugs belonged to him and Alosio. He further stated that they were on their way to deliver some of the drugs to other people when offi cers pulled over their vehicle.

Alosio’s matter was called in court last week where his defense attorney informed the court that they had received discovery and an offer from the government regarding the case. However, he needs more time to discuss notes of the plea agree-ment with his clients before they fi le.

American Samoa GovernmentOFFICE OF PROCUREMENT

Equal Opportunity Employer / Affirmative Action

REQUEST FOR PROPOSALSRFP-078-2021

Issuance Date: July 15, 2021 Date & Time Due: August 5, 2021 No later than 2:00p.m (local time)

The American Samoa Government (ASG) issues a Request For Proposals (RFP) from qualified firms to provide the:

‘’ Tourist Application (Tourism App) for the Department of Commerce’’

SubmissionOriginal and five copies of the Proposal must be submitted in a sealed envelope marked: ‘’RFP: Tourist Application (Tourism App) for the Department of Commerce’’ Submissions are to be sent to the following address and will be received until 2:00 p.m. (local time), August 5, 2021:

Office of ProcurementAmerican Samoa Government

Pago Pago, American Samoa 96799Attn: Dr. Ti’alemasunu M. Etuale, CPO

Any proposal received after the aforementioned date and time will not be accepted under any circumstances. Late submissions will not be opened or considered and will be determined as being non-responsive.

DocumentThe RFP Scope of Work outlining the proposal requirement is available at the Office of Pro-curement, Tafuna, American Samoa, during normal working hours.

ReviewRequest for Proposal data will be thoroughly reviewed by an appointed Source Evaluation Board under the auspices of the Chief Procurement Officer, Office of Procurement, ASG.

Right of Rejection The American Government reserves the right to reject any and/or all proposals and to waive any irregularities and/or informalities in the submitted proposals that are not in the best inter-ests of the American Samoa Government or the public.

Dr. Ti’amalesunu M. EtualeChief Procurement Officer

➧ FCC submits “statement…Continued from page 1

➧ Click it or Ticket…Continued from page 3

samoa news, Tuesday, July 20, 2021 Page 9

It points out that, “if desired in the future we retain the right to petition Congress through local self-government and self-determination for a chance in our legal and political status so that of statutory birthright [in] U.S as defi ned by Congress in federal statutes citizenship.”

Furthermore, contrary to the “false narrative” of the Fitise-manu case, “our birthright U.S National status is not a form of ‘second class citizenship’ for American Samoans.”

Tuaolo — who assigned the non-binding measure to the Senate Judiciary Committee for review — informed sena-tors that the resolution was a commendation from Con-gresswoman Uifa’atali Aumua Amata to show support for the government and people of American Samoa for the Court of Appeals’ reversal of a lower court ruling on the Fitisemanu vs United States case.

The resolution states, in part, that the Deed of Cession in effect from April 17, 1900 pro-vides that the U.S government “shall respect and protect the individual rights of all people dwelling in Tutuila to their lands and other property.”

And the Deed of Cession provides that “the enactment of legislation and the General Control shall remain fi rm with the United States of America.”

According to the resolution, the Legislature, in its Second Regular Session of 2021 “unan-imously EXPRESSES concern that rule of law and informed democratic self-determination in American Samoa are under-mined by disinformation nar-ratives advanced by special interest lobbyists and lawyers for plaintiffs in Fitisemanu [case].”

Through the resolution, the

Fono calls on the U.S based group, “Equally American”, and its affi liates to “cease dis-ingenuously distorting in the federal courts and in national media the history and meaning of federal jurisprudence and statutory law defi ning the status and rights of Americans born in territories so that inequality and inequities inherent in the less than fully self-governing status of territories can be addressed through informed democratic self-determination on legally valid political status options, according to the diverse aspi-rations of the people in each territory”.

It request plaintiffs in the Fitisemanu case “to reconsider and elect to proceed no further... efforts to gain a federal court decision that threatens Amer-ican Samoa’s right to self-deter-mination by imposing U.S citi-zenship as currently conferred under the 14th Amendment in the States on persons born and living in American Samoa without” their consent.

And the Fono invites those representing special interests supporting the lawyers in the Fitisemanu case “to visit Amer-ican Samoa to meet with our elected and traditional leaders, visit with the people in our vil-lages, and if convinced that people want U.S citizenship to be conferred by the U.S Con-gress, work within the existing governmental processes to hold a referendum on the subject.”

In conclusion, the resolution says that the Fono on behalf of itself and the people of the ter-ritory support federal legislation offered by Uifa’atali to facilitate the process for a U.S. national, who “voluntarily seeks” to become a U.S. citizen.

EQUALLY AMERICANEqually American advo-

cates for equal rights in U.S. territories and its founder, Neil Weare served as co-counsel to the Fitisemanu plaintiffs.

“We are considering our options moving forward in light of the Tenth Circuit’s decision to ignore the Supreme Court’s recent guidance narrowing the application of the Insular Cases in U.S. territories,” he said in the statement. (See Samoa News edition June 17th for details.)

The statement and other information on the group is found online (https://www.equalrightsnow.org).

The Senate concurrent reso-lution disagrees with the group’s website, which states in part that Equally American “brings together the voices of the nearly 4 million Americans who live in U.S territories — Puerto Rico, Guam, the U.S Virgin Islands, American Samoa, and the Northern Mariana Island — which is demonstrably false in the case of American Samoa...”

AMERICAN SAMOACOMMUNITY COLLEGE

EMPLOYMENT OPPORTUNITY

General Description: The Procurement Shipping & Receiving Technician must be knowledgeable in the shipping and receiving aspects of the operation. He/she will prepare outgoing shipments and receive all incoming orders according to approved Purchase Orders (PO), and will write reports if required on any discrepancies identified in orders (shortages, damaged shipment). He/she will receive and tag all orders according to Procurement procedures, and enter all data of received goods into the ASCC Datatel system. He/she will communicate with external entities regarding shipments or order release, prepare excise tax declaration forms, and work with ASG Customs and Shipping agents in all order releases. He/she assists with the physical inventory of Fixed and Non-Fixed assets, and keeps records of all incoming and outgoing mail for ASCC.

Responsibilities and Duties: Administrative • Negotiate and process necessary documents required for release of all ASCC orders with local shipping agencies, the ASG customs office, and the US Post Office. • Accept, receive, log and enter into the Excel spreadsheet all outgoing air mail envelopes and documents from divisions. Detailing contents of all outgoing documents is a must for tracing and tracking, and for reports to be sent to Finance for divisional accounts charged. The Excel spreadsheet Outgoing Mail Report must be sent to Finance every month. • File all Purchase Orders received and closed as well as partial orders in the appropriate file folders and/or filing cabinets • Work closely with all divisions on all Purchase Orders received, and outstanding • Attend any and or all ASCC trainings on-or-off-island when approved by Manager • Perform other duties as required by Procurement Manager and/or Procurement Officer Technical • Check, receive and pick up all orders from local vendors, from the Post Office for off-island orders, and/or from the wharf, and Air Cargo as per weekly runs • Regularly enter into the Datatel system all incoming purchase orders that have been physically received, checked and properly tagged. • Submit (scan) purchase order receiving reports documents when completed to Accounts Payable for payment confirmation to proceed with payment • Assist with physical inventory of all fixed and non-fixed assets.Reporting • Prepare, process and disseminate reports to all divisions on a monthly basis; include all applicable received, closed and partial-receipt purchase orders

Minimum Qualifications: Associate’s Degree in Business Administration, Liberal Arts or Science, or some college in lieu of degree, three to five years of direct related experience

Salary: GS 12/08-14: $18,323.00 - $22,223.00 per annum

Application Deadline: July 15, 2021 no later than 4:00pm.

Applications are available from the American Samoa Community College, Human Resources Office at 699-9155 Ext. 460/466/456/474 or by emailing Silaulelei Saofaigaalii at s.saofaigaalii@amsamoa.edu or ascchumanresources@amsamoa.edu.

Position Title:Employment Status:

“An Equal Opportunity/Affirmative Action Employer – And A Drug-Free Workplace”

Procurement Shipping & Receiving TechnicianFull Time 12 months (Career Service)

Preferred Qualifications: • Drain laying Trade Certification • Safety Supervisor Certification • Confined Space Entry Certification • Workplace Environmental Certification • Minimum 5 years Pipe Laying and Supervision experience in all facets of underground services installation • A working knowledge of critical path programming and the application of it to implementing and managing construction progress • Proven ability to effectively manage and coordinate a drain laying work force • Specific experience with the welding and installation of HDPE pipe • Working knowledge of the use of trench shielding equipment

Building SupervisorPreferred Qualifications: • Building related Trade Certification • Safety Supervisor Certification • Workplace Environmental Certification • Minimum 10 years of concrete construction and Supervision experience in all facets of building works • A working knowledge of critical path programming and the application of it to implementing and managing construction progress • Proven ability to effectively manage and coordinate a building and pre cast concrete work force • Specific experience in working at heights • Working knowledge of the use of propping and shoring

Please submit application in writing with copies of all relevant qualifications and previous job ref-erences to:

The Manager PO Box 4179 Pago Pago, American Samoa 96799

EMPLOYMENT OPPORTUNITYEMPLOYMENT OPPORTUNITYDRAIN LAYING SUPERVISOR

We are an Equal Opportunity Employer

had no right stopping him from talking to the girl because he’s not her father.

Tagaloa got mad and walked over to the victim’s house, where he allegedly grabbed a metal pipe from the back of his pickup truck and went to strike the victim in his back, while he was not looking. However, the victim turned around in time and put his elbow up to shield himself from the second strike, which caused injuries to his arm and head.

The defendant’s third swing missed the victim who dashed out of the house and sought refuge at the neighbor’s home, where a woman contacted police for assistance.

When cops arrived at the scene, they heard the victim’s side of the story and EMS per-sonnel were contacted to render medical assistance. Tagaloa was nowhere to be found. Tagaloa was apprehended two days after the incident.

➧ Senate Concurrent Resolution support…Continued from page 1

➧ Court Briefs…Continued from page 4

ACCURACYWe make an issue of it every day.

If you want to comment about our accuracy, call Samoa News at 633-5599

If you want to comment about our accuracy,

Page 10 samoa news, Tuesday, July 20, 2021

NEW DELHI (AP) — India’s excess deaths during the pandemic could be a staggering 10 times the official COVID-19 toll, likely making it modern India’s worst human tragedy, according to the most compre-hensive research yet on the rav-ages of the virus in the south Asian country.

Most experts believe India’s official toll of more than 414,000 dead is a vast under-count, but the government has dismissed those concerns as exaggerated and misleading.

The report released Tuesday estimated excess deaths — the gap between those recorded and those that would have been expected — to be between 3 million to 4.7 million between January 2020 and June 2021. It said an accurate figure may “prove elusive” but the true death toll “is likely to be an order of magnitude greater than the official count.”

The report, published by Arvind Subramanian, the Indian government’s former chief economic adviser, and two other researchers at the Center for Global Development and Harvard University, said the count could have missed deaths occurring in overwhelmed hos-pitals or while health care was delayed or disrupted, especially during the devastating peak surge earlier this year.

“True deaths are likely to be in the several millions not hun-dreds of thousands, making this arguably India’s worst human tragedy since Partition and independence,” the report said.

The Partition of the British-ruled Indian subcontinent into independent India and Pakistan

DEVELOPMENT BANK OF AMERICAN SAMOAHUD-HOME PROGRAM YEAR 2020 & Previous Years

PUBLIC NOTICE OF FUNDING AVAILABILITY

In accordance with the American Samoa Government Citizen Participation Plan for Community Planning and Development Programs, an estimated amount of $208,100 in HOME Investment Partnership Program (HOME) funds will be available at the Development Bank of American Samoa to provide long-term mortgage financing for the construction of new homes across the Territory.

Figure 1: Home in a flood zone area

Figure 2: Standard Home

Those who are eligible to apply include U.S. Citizens, U.S. Nationals and American Samoa Permanent Residents. To qualify for an affordable, home loan, must provide a warranty deed or land lease agreement completely registered and certified by the Territorial Registrar’s Office during the workshop with a valid form of identification.

Attendance is mandatory for all who wish to apply as it is important that all potential applicants are well aware and informed about HOME. Therefore, DBAS and DOC will conduct community workshops for all local residents throughout the Territory on the following dates and locations:

For more information contact Samantha Salanoa at 633-4031 ext. 238.

HOME LOTTERY SCHEDULEFOR MANU’A RESIDENTS ONLY

Workshop/Lottery Dates Time District Place

August 2 - 6, 2021 9:00am - 4:00pm Fitiuta ASG EOB (Manu’a)

Tau/Faleasao ASG EOB (Manu’a)

August 2 - 6, 2021 9:00am - 4:00pm Ofu ASG EOB (Manu’a)

Olosega ASG EOB (Manu’a)

Research: India’s deaths during pandemic 10X

official toll

Some of the participants of the Summer Band Institute organized by the ASDOE Office of Curriculum and Instruction held June 28 to July 15.[photo: courtesy M.P. Kitiona]

(Continued on page 11)

Just like her work, Melissa Gilbert’s distinctive style is a blend of influences and experiences. Her jewelry (pictured), paired with Doc Martens, plays into her neo-nesian, earth punk aesthetic.

Gilbert is an artist, storyteller and student, who focuses on “the constant talanoa of identity, connection and healing.” Gilbert’s work is heavily influenced by her lineage rooted in Tonga, Samoa and Fiji.

Her multi-faceted practice includes performance, painting, moving image and installation. She is part of a group show Moana Waiwai, Moana Pāti, on until September 25th, at Tautai, the contemporary Pacific Arts Trust, on Auckland’s Karangahape Rd. [photo: Stuff NZ]

samoa news, Tuesday, July 20, 2021 Page 11

in 1947 led to the killing of up to 1 million people as gangs of Hindus and Muslims slaugh-tered each other.

The report on India’s virus toll used three calculation methods: data from the civil registration system that records births and deaths across seven states, blood tests showing the prevalence of the virus in India alongside global COVID-19 fatality rates, and an economic survey of nearly 900,000 people done thrice a year.

Researchers cautioned that each method had weaknesses, such as the economic survey omitting the causes of death.

Instead, researchers looked at deaths from all causes and compared that data to mortality in previous years — a method widely considered an accurate metric.

Researchers also cautioned that virus prevalence and COVID-19 deaths in the seven states they studied may not translate to all of India, since the virus could have spread worse in urban versus rural states and since health care quality varies greatly around India.

And while other nations are believed to have undercounted deaths in the pandemic, India is believed to have a greater gap due to it having the world’s second highest population of 1.4 billion and its situation is com-plicated because not all deaths were recorded even before the pandemic.

Dr. Jacob John, who studies viruses at the Christian Medical College at Vellore in southern India, reviewed the report for The Associated Press and said it underscores the devastating impact COVID-19 had on the country’s under-prepared health system.

“This analysis reiterates the observations of other fear-less investigative journalists that have highlighted the mas-sive undercounting of deaths,” Jacob said.

The report also estimated that nearly 2 million Indians died during the first surge in infections last year and said not “grasping the scale of the tragedy in real time” may have “bred collective complacency that led to the horrors” of the surge earlier this year.

Over the last few months, some Indian states have increased their COVID-19 death toll after finding thou-sands of previously unreported cases, raising concerns that many more fatalities were not officially recorded.

Several Indian journalists have also published higher numbers from some states using government data. Scientists say this new information is helping them better understand how COVID-19 spread in India.

Murad Banaji, who studies mathematics at Middlesex Uni-versity and has been looking at India’s COVID-19 mor-tality figures, said the recent data has confirmed some of the suspicions about under-counting. Banaji said the new data also shows the virus wasn’t restricted to urban centers, as contemporary reports had indi-cated, but that India’s villages were also badly impacted.

“A question we should ask is if some of those deaths were avoidable,” he said.

FALETUPE O ATINA’E O AMERIKA SAMOAPOROKALAMA FAATUPU (INIVESI) FAAPAAGA MO FALENOFO

POROKALAMA TAUSAGA 2020 ma Tausaga ua Tuana’iFA’AALIGA O TUPE UA IAI NEI

Ua faia lenei fa’asalalauga e tusa ai ma le Fuafuaga Auai o Tagatanuu ua faavaeina e le malo o Amerika Samoa mo le Polokalama Faatupu Faapaaga mo Falenofo (HOME) o le a faatupeina i se aofa’iga e $208,100 e fa’atupe ai aitalafu fa’aumiumi mo le fausia o falefou i Amerika Samoa. O e agava’a ona talosaga mo nei nogatupe o nesionale o Amerika, sitiseni o Amerika, ma e ua iai pepa nofo mau i Amerika Samoa.

Figure 1: Home in a flood zone area

Figure 2: Standard Home

Mo i latou e agava’a i lenei nonogatupe mo le fausiaina o falefou i lalo ole porokalama o falenofo, e tatau ona taua’aoina mai pepa o fanua (deed/agreement) ua uma ona fa’amauina pe resitara i le Ofisa o Resitara a le malo.E taua tele lou auai i semina o le a fa’atautaia e le Faletupe o Atina’e fa’apea le Ofisa o Fefa’atauaiga ma Alaga Manuia. O lou le auai mai, o le a le maua ai sou avanoa mo le loto ua fuafuaina mo lenei tausaga. O lea ia, fa’amolemole fa’autagia mai lenei fa’asalalauga mo aso ma nofoaga o le a fa’atautaia ai semina mo le mamalu o le atunu’u e fia auai:

Valaau mai le 633-4031 laina 238 mo Samantha Salanoa mo nisi fesili.

SE’I FA’ATULAGAINA MO I LATOU I MANU’A

Aso o le Semina Taimi Nu’u Nofoaga

Aokuso 2 - 6, 2021 9:00am - 4:00pm Fitiuta ASG EOB (Manu’a)

Tau/Faleasao ASG EOB (Manu’a)

Aokuso 2 - 6, 2021 9:00am - 4:00pm Ofu ASG EOB (Manu’a)

Olosega ASG EOB (Manu’a)

➧ Research: Indias death…Continued from page 10

doog a s’ti wonk uoY uoy nehw gninrom

htiw pu ekaw .deen uoy gnihtyreve

erots a ta su dniF !uoy raen

Good Morning!

C M

Y K

C M

Y K

Page 12 samoa news, Tuesday, July 20, 2021

In accordance with Federal Register/Vol. 86,, No. 104/Wednesday, June 2, 2021/NoticesDepartment of Agriculture Rural Housing Service (Docket No. RHS-21-MFH-0008)

Notice of Solicitation of Applications for the Section 533 Housing Preservation Grants for Fiscal Year 2021Agency: Rural Housing Service, USDA

The Development Bank of American Samoa (DBAS) welcomes comments concerning its Statement of Activities for its Housing Preservation Grant (HPG) application. Please submit your comment(s) by Tuesday, July 13, 2021. Contact information is listed below.

(1) The type of and conditions for financial assistance for housing preservation, including whether the request for assistance is for a homeowner assistance program, a rental property assistance program, or a cooperative assistance program. The Development Bank of American Samoa (DBAS) is requesting United States Department of Agriculture (USDA) Housing Preservation Grant (HPG) funding to continue the operation of DBAS’s homeowner housing rehabilitation program. DBAS aims to assist low- and very low-income homeowners in Ta’u, Manu’a, a rural district of American Samoa, in rehabilitating and repairing their homes to have safe and healthy living conditions. These projects may include improvements to accommodate family members with special needs, such as the elderly, the children, and the handicapped and reconfiguration of rooms to alleviate overcrowding. DBAS will work with selected contractors to evaluate projects, determine costs, and execute rehabilitation and repair work.(2) The process for selecting recipients for HPG assistance, determining housing preservation needs of the dwelling, performing the necessary work, and monitoring/inspecting work performed.DBAS will post public service announcements to inform the residents’ low- and very low- income in Ta’u, Manu’a District of the availability of funding through the HPG and the date, time, and place of the workshop on the applica-tion process for the funding. The DBAS loan manager, who acts as the program manager, and other DBAS loan officers will conduct the workshop to explain the HPG program and funding eligibility. At the workshop, attendees will be required to complete the mandatory sign-in, which is the basis for the issuance of a lottery ticket. In addition, the workshop presenters will discuss submission of required documents, such as the separation agreement and photo identification for review to determine the eligibility to join the lottery. Once the review is completed, DBAS will post another public service announcement of the date, time, and place to pick the lottery tickets. At the public lottery, eight tickets will be picked at random by selected participants from a clear box. DBAS will send notification letters to the eight lottery winners, who are the HPG funding recipients. The preliminary inspection begins.(3) The process for coordinating with other public and private organizations that provides assistance in rehabilitation of historic properties in accordance with 7 CFR 1944.673.Before beginning work on each project, DBAS will consult with the American Samoa Historic Preservation Officer (HSPO) to determine whether the dwelling is of historical, architectural, or archaeological value. If the SHPO identifies the dwelling as a historic property, DBHS will work closely with the HSPO and perform the rehabilitation of the dwelling according to the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Reha-bilitating Historic Buildings (G.P.O. 1983 0-416-688).(4) The development standard(s) the applicant will use for the housing preservation work; and, if not the Rural Development standards for existing dwellings, the evidence of its acceptance by the jurisdiction where the grant will be implemented.DBAS will use the U.S. Department of Housing and Urban Development (HUD) section 8 Housing Quality Standards and local standards for the preservation work. (5) The time schedule for completing the program.DBAS will complete the program in 12 months after the award date. First Month Task Publish PHG Program to the public, conduct workshop to provide applicants information regarding the HPG program, and accept application documentsSecond Month Task Screen applications for eligibility, issue lottery tickets, and conduct public lotteryThird Month Task Send determination letters, conduct preliminary inspections, and submit first quarterly reportsFourth Month Task Submit Scope of Work (SOW) on rehabilitating and repairing houses, and obtain necessary permits

(6) The staffing required completing the program. Loan Officer: Acts as the Project Manager oversees the projects and ensures compliance, submits project and audit report to the DBAS President. Percent of time is 25%. Building Inspector: Inspects houses for feasibility, submits the Scope of Work (SOW) to the Project Manager, monitors the progress of work, and completes final inspection of rehabilitated or repaired houses. Percent of time is 25%.(7) The estimated number of very-low and low-income minority and nonminority persons the grantee will assist with HPG funds; and, if a rental property or cooperative assistance program, the number of units and the term of restrictive covenants on their use for very low- and low-income.DBAS estimates to use the HPG funds to assist eight very low income households. All the eight homeowners are minorities.(8) The geographical area(s) to be served by the HPG program.DBAS has determined to serve the rural area of Ta’u, Manu’a Islands, American Samoa by the HPG program. (9) The estimated budget for the program period based on the financial needs to accomplish the objectives outlined in the proposal.DBAS does not have a federally approved indirect cost rate.(10) A copy or an indirect cost proposal when the applicant has another source of Federal funding in addition to the Rural Development HPG program.DBAS does not have a federally approved indirect cost rate.(11) A brief description of the accounting system to be used.DBAS uses the Grants-Management Software Accounting and Revolving Loan Services System.(12) The method of evaluation to be used by the applicant to determine the effectiveness of its program.To determine the effectiveness of the HPG program, DBAS will: • monitor the work performance at the project site based on the Scope of Work • submit to the local Rural Development Office a quarterly report, which will include the following: (1) administrative and construction expenditures, (2) projected expenditures for the next phase of the project, (3) drawdown report, and (4) a narrative on the (a) key accomplishments, (b) challenges and the methods, tools, and processes used to address the challenges, and (c) technical assistance needed from the local Rural Development Office to address the challenges. • Submit a project completion report • Submit a closeout report, which summarizes the program and its activities, program expenditures, and program outcomes.(13) The source and estimated amount of other financial resources to be obtained and used the applicant for both HPG activities and housing development supporting activities.DBAS will provide $5,000 to develop, support, and complete HPG activities through the following in-kind services: (a) Equipment and IT support, (b) travel expenses not covered by cost allocated for travel, and (c) miscellaneous (e.g. public notices, and so forth).(14) The use of program income; if any. And the tracking system used for monitoring same.DBAS is not expecting any program income from HPG.(15) The applicant’s plan for disposition of any security instruments held by them as a result of its HPG activities in the event of its loss of legal status.In the event of loss of legal status, DBAS will _register with the office of Territorial Registrar’s Office (TRO) a mortgage on the separation agreement submitted as proof of ownership of property. (16) Any other information necessary to explain the proposed HPG program.For housing repair, an applicant must secure a valid building permit from the American Samoa Government Department of Public Works and a valid land use permit from the Department of Commerce. Applicant must submit a utility bill from the American Samoa Power Authority as proof of occupancy of the dwelling. (17) The outreach efforts outlined in 7 CFR 1944.671(b)DBAS will accomplish its outreach efforts by using various media, which include public service announcements via local television, radio programs, and local newspaper publications about the HPG funding for residents of Ta’u, Manu’a. In addition, DBAS will use its website and social media accounts to inform Ta’u, Manu’a residents about the low- and very-low-income housing rehabilitation and repair assistance.

Contact Information:Eterei ToiloloGrants CoordinatorP.O. Box 9, Pago Pago, AS 96799Email: eterei.toilolo@dbas.as

Statement of ActivitiesHousing Preservation Grant

Development Bank of American SamoaPago Pago, AS 96799

Request for Public Comment on Housing Preservation Grant

Fifth Month Task Award to homeowners and start completing Scope of WorkSixth Month Task Continue rehabilitating and repairing houses and submit second quarterly reportsSeventh – Eleventh Month Task Continue rehabilitating and repairing houses, conduct inspections on progress, and submit final reports Twelfth Month Task Conduct final inspection, close program and submit final reports