Dear Mr. President:

This is in reference to your letter dated September 28, 2007 in which you requested my assistance to "identify proven alternative energy technology for possible replication in the Territory," and which you also suggest that the federal government just is not doing its part to build American Samoa's economic infrastructure.

While I appreciate your concerns, your inquiry once again suggests a disjointed effort on the part of our local government to address issues that are critical to the needs and well being of our people particularly since there is no mention in your letter of a concerted effort between the Governor and the Fono to combat rising electricity rates in the Territory, and given that neither the Senate nor the House have offered up any local proposals or bills to address the problems you so frequently write about.

Because our local government, including the Senate over which you preside, has taken no action to address economic development, I am perplexed as to why you believe the federal government is not doing enough. Our people know full-well that the federal government sends over $1 billion every seven years for the well-being of about 68,000 residents of American Samoa. Our people are also aware that the real problem is not a lack of federal funds but a lack of proper management and accountability for those funds.

Regarding recently imposed minimum wage legislation, you have suggested to our people that I am the cause of automatic escalator clauses, but you are wrong, and I would suggest you familiarize yourself with our minimum wage history before making careless accusations that are untrue. At no time have I supported escalator clauses. What I do, and did, support is a one-time increase of $0.50 per hour for our lowest paid workers who have been underpaid for too long while the CEOs of Del Monte and Heinz have been paid multi-million dollar salaries and lived off the backs of our people who have barely been able to make ends meet. While it is your right to begrudge our cannery workers an extra $0.50 cents per hour, I stand by my position that our canneries are obliged, like you and I, to do unto others as they would have done unto them. Everyone in our Territory knows this is what the Good Book teaches, and we also know that our economy will not collapse over a one-time minimum wage increase for the poor.

Our people also know that at my request the minimum wage law included a provision to possibly end escalator clauses based on the outcome of a US Department of Labor study. I believe the study is necessary to give us a true indication of where we are and where we need to be. Once the report is submitted to Congress, I believe my colleagues will support an end to escalator clauses.

Regarding my record in Congress, I have worked at the federal level to give ASG the tools, building blocks, and advantages it needs to move our Territory forward. For instance, for the American Samoa Government, I make sure that $23 million is annually appropriated by Congress for the operations of our local government. Although no other State or Territory receives federal funds for the operations of its local government, I also work to make sure that an additional $10 million is sent to ASG every year supposedly for the Governors and the Fono to develop ASG's infrastructure which is the foundation of our local economy. More than $150 million has been sent for this purpose in the past 15 years.

For our students and teachers, I work to make sure that American Samoa continues to receive, per capita, more federal dollars for education than any other State or Territory yet our local government claims there is not enough money to pay our teachers what they deserve.

For ASCC, I worked to put in place a state-of the art computer lab and to upgrade our Trades, Industry and Technology program.

For our farmers, tilapia workshops have been set up, Sea Grant is on hand, and a Marine Science Lab is on its way.

For our poor, Medicaid funding has been increased from $4 million to $8 million by 2008, plus additional funding for the cost of inflation, which eases the burdens of LBJ making better health care possible.

For our veterans and for the first time in our Territory's history, a VA clinic valued at more than $4 million has been established which will provide $3 million or more per year in medical services for American Samoa's warriors.

For our villages, I have worked to set aside millions of federal dollars to upgrade our roads and build seawalls to protect our lands and homes.

For Manu'a, the MV Sili, a $4 million ferry is available to transport residents and cargo. For our Department of Public Works, fire truck after fire truck has been sent at no expense to ASG. For our airport, $2 million has been set aside for the construction of an airport tower.

To save the jobs of more than 5,000 cannery workers and keep our tuna canneries in American Samoa, I have also worked to extend our 30A tax credits; opposed duty-free treatment for canned tuna from the Andean countries; fought to keep canned tuna out of the Central Free Trade agreement, protected American Samoa’s canned tuna industry from Micronesian competition; made sure tuna is treated as highly import sensitive; and worked directly with the office of the US Trade Representative (USTR) to keep canned tuna in the longest-phase out possible in any and all upcoming trade agreements. I am also in continued discussions with canneries in Taiwan and Thailand should our local canneries choose to leave.

You may also recall that I worked to make it possible for ASG to issue bonds exempt from State and local taxation; included $600,000 to establish the first-ever American Samoa Economic Development Advisory Commission; and included $10 million in the Jobs and Growth Reconciliation Tax Act 0f 2003. How did the Governor's office and Fono use these funds to improve our economy? Only the Fono and the Governor's office can answer this question, and only the Fono and Governor's office can explain how $1 billion in federal dollars every seven years is not enough, especially when American Samoa is one of the leaders when it comes to receiving more federal aid per capita than any other State or Territory.

Regarding energy, it is disappointing to learn that there is no local plan in place by ASG to lower the cost of electricity. As you know, there is a strong correlation between escalating electricity costs and the price of crude oil. Electricity rates are subject to the volatility of market prices and that is the economic law of supply and demand. Subsequently, in order to defuse the impact of fluctuating market prices, we need to diversify our energy supply. While it is my understanding that the American Samoa Power Authority (ASPA) has several projects currently underway aimed at diversifying our energy supply and transitioning the Territory towards renewable energy, I am unaware of any concerted effort by the American Samoa Government to put in place a comprehensive energy plan that clearly defines a strategy to move American Samoa away from fossil fuel dependency.

In my opinion, I believe an alternative energy plan would have been a better use of funds than a $20 million fiber optics project. However, I was not elected to do the Governor or the Fono's job. I am elected to represent the people's interest in Congress. This is why I introduced legislation which was incorporated in the House energy bill that was recently passed and submitted for Senate consideration.

For your information, two years ago, I wrote the Governor, the Fono, and ASPA leaders, stating the potential of ocean thermal energy as an alternative source of energy. As stated in my letter, "our people stand to benefit enormously if we are able to take advantage of this technology in American Samoa. Because thermal energy from the ocean generates the power in this system, we would no longer be dependent on fossil fuels for our electricity. As a result of this energy independence, we would no longer be subject to the rapidly escalating price of fuel oil and the possible disruption of our fuel supply." Furthermore, "this natural, stable energy source would allow us to be better stewards of our environment."

On June 22, 2007, I introduced two bills that will add ocean thermal energy conversion to the list of eligible resources to receive funding through the Department of Energy Loan Guarantee Program and also extend tax credit to electricity produced from ocean thermal energy conversion. Speaker Pelosi incorporated these provisions in the House energy bill, and I thank her for her leadership in passing this important legislation. The legislation is now under consideration by the Senate.

Briefly, the House bill recognizes the value of marine renewable energy as an alternative to fossil fuels and provides for federal support to conduct research and development, demonstration, and commercial application to expand marine renewable energy programs. Energy programs funded under this bill may include programs that deal with ocean waves, tidal flows, ocean currents, and ocean thermal energy conversion. The bill also authorizes $50 million to institutions of higher education to conduct research and development on marine renewable energy including ocean thermal conversion. The House bill also extends tax credit to facility producing electricity from ocean thermal energy. The availability of these production incentives will facilitate progress in our pursuit of renewable energy for our people.

As I have suggested in my previous correspondence, I am hopeful that we will work hand-in-hand with the elected and appointed leaders of the Fono as well as the Governor to define a strategic plan not only for economic development, but also for energy policy.

Dear Mr. Walker:

We are writing to request that the Government Accountability Office (GAO) conduct a comprehensive review of the current immigration system in American Samoa given the Territory’s unique political relationship with the United States which is based on two treaties of cession.

In April 1900, the traditional chiefs of Tutuila and Aunu'u islands ceded their islands to the US on condition that local customs, culture and communal lands of the local inhabitants would be protected. In July 1904, His Majesty King Tuimanu'a ceded the islands of Manu'a based on the same premise.

In 1929, Congress, by law, ratified the two treaties and assigned administration of the islands to the President and his appointees. Until 1951, the US Navy administered the islands. In 1951, President Harry S. Truman issued Executive Order 10264 which transferred administrative responsibility for the islands of American Samoa from the Secretary of the Navy to the U.S. Secretary of the Interior.

In 1960, the people of American Samoa adopted a Constitution. The Constitution was revised in 1966 and was approved by the Secretary of the Interior on June 2, 1967 by authority of the 1929 Act of Congress. Nevertheless, US immigration and customs laws do not apply, nor have they ever applied, to American Samoa.

For this reason, we are asking the GAO to review why US immigration and custom laws were never made applicable to American Samoa and to answer the following questions:

• What is the current status of American Samoa’s immigration and customs laws?
• Does American Samoa have the ability and capacity to enforce its own immigration and customs laws?
• What are the social and economic implications if ASG does not, or cannot, enforce its immigration and custom laws?
• What is the educational background and level of training of American Samoa’s local immigration and customs officials?
• Who can sponsor aliens to work in American Samoa?
• How does the process of sponsorship work?
• Given that American Samoa’s Attorney General is conducting an investigation into possible fraud and corruption within the local personnel offices of Immigration and Customs, how pervasive is the practice of local immigration officials sponsoring aliens to work either for them or for other companies?
• What is the relationship between American Samoa’s immigration and customs laws, sponsorship of aliens, and the Daewoosa human trafficking case?
• In view of Daewoosa, should American Samoa continue to administer its own immigration and customs laws? If American Samoa should continue to administer its own immigration and customs laws, what measures, if any, should be implemented?
• What are the implications if US customs and immigration laws are made applicable to the American Samoa? Should US immigration and customs laws be made applicable to American Samoa?

Faleomavaega and his colleagues concluded their letter by stating, "Given that the answers to these questions are important to determining American Samoa’s future course of action, we would be appreciative of your expedited assistance in beginning a GAO study as soon as possible."

Washington, D.C. -- Faleomavaega submits draft amendment to Chief Election Officer Soliai to permit military members absentee registration

Congressman Faleomavaega announced today that he has written to Chief Election Officer, High Chief Soliai Fuimaono providing him with a draft amendment that will allow members of the military to use absentee registration in order to vote for local elective offices. Currently, American Samoa election law requires all qualified voters to register in person.

"As I have been saying for many years, we have got to do right for our sons and daughters who are serving in the military," Faleomavaega said. "The reality is, our sons and daughters in the military are serving in many parts of the world and in most cases are deployed to war zones such as Iraq and Afghanistan. It is impossible for them to leave their assignments to come to American Samoa in order to register in person as required under our current election law. This has to change immediately and I am hopeful that the rest of our leaders in the Fono and the Administration will agree."

"At this time, I want to thank High Chief Soliai and our Fono leaders for their sincere willingness to work together with me on this very important matter. With the draft language now in their hands, this will give everyone time to review it so that our Fono could perhaps take immediate action on it when they return to session in next January."

"I also want to thank former Representative Muavaefaatasi Ae Ae, Jr. of Ma'oputasi County for his suggestions on this issue and for his strong advocacy on issues affecting our military service members."

The full text of Congressman Faleomavaega's letter dated October 31, 2007 is included below.

Faleomavaega concluded his letter by saying, "I will continue to work with you so that our men and women in the military are accorded maximum voting participation."

Washington, D.C. -- All tax extenders, including 30A, to get one-year extension

Congressman Faleomavaega announced today that Chairman Charles Rangel of the House Ways and Means Committee has included a one-year tax extension of 30A tax credits for American Samoa's canneries in H.R. 3970, a bill Mr. Rangel introduced on October 25, 2007 to amend the Internal Revenue Code of 1986 to provide additional tax relief to low and moderate income individuals, to repeal the individual alternative minimum tax, to reform the corporate income tax, and for other purposes.

"At this time, I want to thank Chairman Rangel and the Committee on Ways and Means for including American Samoa in this tax extender’s package which is expected to come to the House floor soon," Faleomavaega said. "While this is not what we asked for, Chairman Rangel has to give equal treatment to all Members who have asked for similar requests. As he explained, every other tax extender received the same extension of one-year only because this is an $80 billion tax package that needs to move forward without complication or delay."

"Chairman Rangel has promised to continue to work with me on a more permanent solution for American Samoa, and I will keep our people informed as the matter progresses," Faleomavaega concluded.

October 26, 2007

Washington, D.C. -- Faleomavaega responds to President Lolo's concerns about minimum wage and Section 30A

Congressman Faleomavaega announced today that in a letter dated October 26, 2007 he has responded to Senate President Lolo's concerns about minimum wage and section 30A. The complete text of the Congressman's letter, which was copied to Senator Inouye, Governor Togiola, the Lieutenant Governor, the Senators, the Speaker and Representatvies, Deputy Assistant Secretary Cohen, and OIA Director Nikolao Pula, is included below:

Faleomavaega concluded his letter by saying, "As I seek to protect our economy at the federal level, I hope you will be taking care of business at the local level by working with the Governor and the Fono to develop an economic plan for ASG that encourages investment in the Territory."

FOR IMMEDIATE RELEASE
October 22, 2007

Washington, D.C. -- House unanimously passes H.R. 1206, Coral Reef Conservation Amendments Act of 2007

Congressman Faleomavaega announced today that the House unanimously passed H.R. 1205, to reauthorize the Coral Reef Conservation Act of 2000 and for other purposes.

"Today, the House passed, H.R. 1205, a legislation I introduced in February 2007 to reauthorize the Coral Reef Conservation Act of 2000," Congressman Faleomavaega said. "This legislation is compromised of language I introduced in the previous Congress and also includes recommendations from Members of Congress and the current Administration. This legislation will do more to protect our nation’s coral reefs and will expand the necessary funding to protect and conserve our coral reefs for the future."

H.R. 1205 will authorize necessary funding for management assistance grants, enhance research and monitoring, implement local action strategies, and, importantly, codify the U.S. Coral Reef Task Force established by Executive Order 13089 signed by President Bill Clinton in 1998. Also, H.R. 1205 recognizes the management of responsibilities for coral reef resources under the U.S. Coral Reef Task Force.

H.R. 1205 also provides funding for cooperative agreements for coral reef institutes in carrying out research and support for coral reef conservation. At Congressman Faleomavaega's request, this legislation will also provide funding for the establishment of a Marine Science Laboratory in American Samoa.

"I am grateful that fellow Members of Congress have the same understanding and appreciation of the importance of coral reefs in the U.S., especially for those who represent coastal States and our U.S. territories. Any impact on this vital resource greatly affects local and national economies and our environment. Coral reef is one of many issues that we share and I know that H.R. 1205 is a positive step in addressing critical matters affecting coral reefs not only here in the U.S. but around the world."

"For now, we must await Senate consideration of this bipartisan legislation. I am hopeful that our colleagues in the Senate will pass it favorably. With the drastic change in climate and the escalation of global warming, we must act fast to protect and conserve our coral reefs. This is an important national issue that we must address immediately."

"At this time, I want to thank the cosponsors of this bipartisan legislation and also want to commend both Chairman Nick Rahall and Ranking Member Don Young of the Committee on Natural Resources for their leadership and unwavering support. I also want to take this opportunity to thank my dear friend, Chairwoman Madeleine Bordallo of the Subcommittee on Fisheries, Wildlife and Oceans, for her leadership on this issue," Congressman Faleomavaega concluded.

FOR IMMEDIATE RELEASEM
October 11, 2007

Washington, D.C. -- Faleomavaega offers condolences to fallen soldier's wife, parents and family

Congressman Faleomavaega today expressed his deep condolences to Mrs. Jocelyn Milo of Union City, California, wife of the late SPC Avealalo Milo, and to his parents, Folola and Mareko Milo of Malaeimi, American Samoa, on the tragic passing of husband and son who was killed by small arms gunfire in Iraq on October 4, 2007.

"It is only by accepting the fact that Specialist Avealalo Milo made the ultimate sacrifice for his passion in life that we find comfort in how great a sacrifice he made for all those whom he dearly loved, and for the values he believed in," Faleomavaega said. "His death reflects the kind of heart that is implanted in each and every member of our military services. His great loss is but a small reflection of his love for his family and country and especially of the magnitude of his courage."

"I know this is an extremely difficult time for all of you as a family, especially a loving and closely-knit family, but I also know that your religious beliefs which Avealalo took after are so strong that you will be comforted by the same spirit of bravery that was with Avealalo."

"SPC Avealalo was a very young man of 23 who was in the military for a short 25 months but he had already accumulated numerous military merits and was awarded more honors upon his death. He was awarded the Bronze Star Medal, Posthumous; Purple Heart, Posthumous, Army Good Conduct Medal, Posthumous; National Defense Medal; Iraq Combat Medal; Global War on Terrorism Medal; Army Service Ribbon; Overseas Service Ribbon; Combat Infantryman Badge, Posthumous; Weapons Qualification Badge, and Avealalo was also classified as a rifle expert."

"I cannot say enough about the honorable service Avealalo provided to his country, making the ultimate sacrifice so all of us would enjoy the many freedoms we often take for granted each day. For that, Avealalo has joined the consecrated rank of Toa o Samoa and all other military heroes who have died before him in this tragic conflict," Faleomavaega commended.

"I certainly intend to join the military representatives and family members who will be escorting Avealalo's body home for his final resting and I am in contact with the U.S. Army at the Pentagon to coordinate the time and date when that will happen. Again, I offer my sincerest sympathies to Jocelyn, and to Folola and Mareko, and to all the Milo family in their time of sorrow. May our Father in Heaven provide them with comfort and solace in this time of grief," Faleomavaega concluded.

Washington, D.C. -- Scholarship applications available for Gates Millenium Scholars prog 2008-2009

Congressman Faleomavaega announced today that the Asian and Pacific Islander American Scholarship Fund (APIASF) is currently accepting applications, specifically for Asians and Pacific Islanders, for the Gates Millennium Scholars Program for 2008-2009.

The Gates Millennium Scholars Program was created in 1999 and is funded by the Bill and Melinda Gates Foundation, encouraging and allowing low income minorities to attend college. Since its establishment in 1999, more than 11,000 scholarships have been awarded to qualified individuals.

"I encourage all qualified high school seniors to take advantage of this grand opportunity to apply for a scholarship," Faleomavaega said. "Interested students can apply online at www.gmsp.org or pick up an application from my district office in Utulei."

Interested applicants are highly urged to apply online. The deadline to submit an online application is January 11, 2008, at 11:59 pm EST while hardcopy or paper submissions must be postmarked by December 31, 2007.

Applicants must have a cumulative GPA of 3.3 on a 4.0 scale, be eligible for a Pell grant, demonstrate leadership ability, and plan to enroll in a college or university as a full-time student in the fall of 2008. In addition, they must be nominated by a principal, teacher, counselor, higher education representative, or other professional educator.

"Students are allowed to choose an area of discipline in their undergraduate program," the Congressman says. "The scholarship is renewable based on the student’s academic progress and timely application."

"Again, I encourage all eligible high school seniors to apply for a Gates Millennium scholarship. Also, I want to encourage our sophomores and juniors in high school to prepare early for scholarship opportunities such as Gates Millennium and many other scholarships available for qualified students. For those who seek assistance regarding the Gates Millennium Scholarship and other financial assistance for education are welcome to contact my district office in Utulei by calling 633-1372,” Faleomavaega concluded.

Washington, D.C. -- Faleomavaega offers condolences to fallen soldier's wife, parents and family

Congressman Faleomavaega today expressed his deep condolences to Mrs. Jocelyn Milo of Union City, California, wife of the late SPC Avealalo Milo, and to his parents, Folola and Mareko Milo of Malaeimi, American Samoa, on the tragic passing of husband and son who was killed by small arms gunfire in Iraq on October 4, 2007.

"It is only by accepting the fact that Specialist Avealalo Milo made the ultimate sacrifice for his passion in life that we find comfort in how great a sacrifice he made for all those whom he dearly loved, and for the values he believed in," Faleomavaega said. "His death reflects the kind of heart that is implanted in each and every member of our military services. His great loss is but a small reflection of his love for his family and country and especially of the magnitude of his courage."

"I know this is an extremely difficult time for all of you as a family, especially a loving and closely-knit family, but I also know that your religious beliefs which Avealalo took after are so strong that you will be comforted by the same spirit of bravery that was with Avealalo."

"SPC Avealalo was a very young man of 23 who was in the military for a short 25 months but he had already accumulated numerous military merits and was awarded more honors upon his death. He was awarded the Bronze Star Medal, Posthumous; Purple Heart, Posthumous, Army Good Conduct Medal, Posthumous; National Defense Medal; Iraq Combat Medal; Global War on Terrorism Medal; Army Service Ribbon; Overseas Service Ribbon; Combat Infantryman Badge, Posthumous; Weapons Qualification Badge, and Avealalo was also classified as a rifle expert."

"I cannot say enough about the honorable service Avealalo provided to his country, making the ultimate sacrifice so all of us would enjoy the many freedoms we often take for granted each day. For that, Avealalo has joined the consecrated rank of Toa o Samoa and all other military heroes who have died before him in this tragic conflict," Faleomavaega commended.

"I certainly intend to join the military representatives and family members who will be escorting Avealalo's body home for his final resting and I am in contact with the U.S. Army at the Pentagon to coordinate the time and date when that will happen. Again, I offer my sincerest sympathies to Jocelyn, and to Folola and Mareko, and to all the Milo family in their time of sorrow. May our Father in Heaven provide them with comfort and solace in this time of grief," Faleomavaega concluded.

Washington, D.C. -- Faleomavaega meets with GAO team prior to their departure for American Samoa to review Judicial system

Congressman Faleomavaega announced today that he met with the GAO team prior to their departure to American Samoa to conduct a review of the judicial system. The General Accountability Office (GAO) is conducting the study at the request of Congressman Faleomavaega.

"On July 19, 2006, Chairman Pombo and Ranking Member Nick Rahall of the House Committee on Resources joined with me in signing a letter requesting that the GAO conduct a comprehensive review of the current judiciary system in American Samoa," Faleomavaega said. "As a follow-up to that letter, the GAO assembled a team which has already done preliminary work."

"So far, the GAO has met with the Department of the Interior's Office of Insular Affairs and Office of Inspector General. GAO has also met with Administrative Office of the US Courts at headquarters, the Executive Office of the 9th Circuit, the District of Hawaii, and the Federal Judicial Center."

"At the Department of Justice, the GAO has conducted meetings with the Civil Rights Sections, Public Integrity Section, Fraud Section, FBI, US Attorneys Office, US Marshals Service, and the Federal Public Defender."

"GAO has also met with the General Services Administration, and Inspector General Offices from various federal agencies including the Departments of Education, Homeland Security, IRS, USDA, HHS, and Transportation."

"The GAO team will now come to American Samoa and will arrive on the Sunday October 14, 2007 flight and depart on October 21, 2007. While in American Samoa, the GAO intends to conduct meetings with Governor Togiola, Members of the Fono including the President of the Senate and Speaker of the House, the High Court and District Court, Attorney General, Public Defender, Department of Public Safety, the American Bar Association, the Office of Territorial and International Criminal Intelligence and Drug Enforcement, the Treasurer and Comptroller, Office of Samoan Affairs, Territorial Audit Office, Chamber of Commerce, and Common Cause."

"The GAO will also be establishing an email address for members of the public and any other parties that may want to write in and share their concerns, observations, and suggestions," Faleomavaega said. "The GAO will announce the email address while in American Samoa next week."

"At this time, I want to thank Mr. William O. Jenkins, Jr., Director of Homeland Security and Justice Issues of the General Accountability Office; Christopher Conrad, Assistant Director; Nancy Kawahara, Analyst-in-Charge; Jared Hermalin, Senior Analyst; Amy Sheller, Analyst; and Tracey King, General Counsel, for the work they are doing to move this study forward. It was my pleasure to meet with Mr. Jenkins, Mr. Hermalin, and Ms. King in my office today and I am also pleased that Mr. Conrad, Ms. Kawahara, and Ms. Sheller were able to participate in our discussions via teleconference."

"The GAO’s work will assist Congress in ensuring that our judiciary system can properly serve the needs of the people of American Samoa. The GAO’s review will examine the feasibility of: a) designating the High Court of American Samoa to hear federal cases; b) establishing an Article I district court in American Samoa; and/or c) expanding the US District Court of Hawaii to include a Division of American Samoa. Under each scenario, the GAO will examine how to best structure a court that would not take jurisdiction over American Samoa’s communal land tenure and matai title cases."

"I look forward to the GAO findings and remain committed to working with our local leaders to develop a plan based on those findings that will best serve the future needs of our people," Faleomavaega concluded.

Washington, D.C. -- Airport tower agreement has been finalized; OTA to be signed

Congressman Faleomavaega announced his appreciation today to the FAA for working closely with his office and ASG to finalize the airport tower agreement.

"Ms. Deborah Johnson, Director, Terminal Planning in the FAA's Washington office, contacted my office yesterday and stated:

"Chief Counsel and ASG met with the Governor and reviewed the FAA's last draft, the Governor has agreed to sign the OTA as we presented it. The Parties have now come to an Agreement on this document. The FAA contracting officer will email ASG a "clean" word document based on the final draft. ASG will, in turn, sign and return via Fedex three originals for the FAA contracting officer's signature. I will send you a copy of the signed document when it is received."

"I want to thank Ms. Johnson and the FAA's Regional Director, Bill Withycombe, as well as their colleagues in the field for making this happen," Faleomavaega said. "I also want to thank Governor Togiola for agreeing to sign the OTA."

"Governor Togiola and I agree that the FAA has a responsibility to American Samoa. Having said this, the FAA must also follow federal guidelines and laws. Presently, American Samoa does not have enough air traffic to meet the cost/benefit ratio making us ineligible for our tower to be a federal tower. However, when and if our air traffic increases, our airport tower will become a federal tower. This is why I urged the Governor to sign the agreement – because we have everything to gain, and nothing to lose."

"I am deeply appreciative of the $2 million ($1.984 million to be exact) that Congress set aside for us and that the FAA has held in trust for the construction of our airport tower. I am also appreciative that the FAA has given us an airport tower cab worth approximately $800,000."

"I also want to thank the FAA for agreeing late Friday night on September 27, 2007 to extend ASG’s deadline to Tuesday October 2, 2007 so that we could resolve the remaining points of disagreement," Faleomavaega said. "On September 27, 2007, Governor Togiola sent me an email re-stating his concerns about not having enough funds to construct an airport tower, purchase and maintain equipment, and train air traffic controllers."

"Based on his concerns, I went back to the FAA to assist ASG in negotiating the terms of the OTA. Initially, Mr. Withycombe stated that the FAA would be willing to train ASG's air traffic controllers for a nominal fee meaning ASG would enter into a contract with the FAA and the FAA would send personnel from Hawaii to train our controllers. I was disappointed to learn at the last minute that ASG and the FAA did not reach agreement on this point. However, Mr. Withycombe assured my office that we have time during the construction of the airport tower to re-visit this issue."

"On September 28, 2007, Mr. Withycombe also agreed that since the FAA has a presence in American Samoa and has technical personnel on the ground that the FAA would agree to maintain our equipment for a nominal fee, and that this could also be included in the OTA. It is my understanding that this was included in the revised OTA that the Governor has now agreed to sign."

"In response to Mr. Withycombe’s promise of assistance on these points, Governor Togiola stated in a letter to me dated September 28, 2007, "It would appear that the FAA you deal with in Washington is very much different from the entity that we are dealing with here in American Samoa. The major reason that we have been unable to come to agreement on the issues contained in the OTA is that we were informed specifically that the OTA was not subject to negotiation. Subsequent talks with our staff were pursued thereafter with no real movement on resolving American Samoa’s concerns."

The Governor went on to say that he would "accept Mr. Withycombe's offer of assistance to train our air traffic controllers and ask for clarification of the 'nominal fee' to be charged." Governor Togiola also stated that he "would be willing to accept again the offer of FAA to provide maintenance of the equipment and ask for clarification of the 'nominal fee' to be charged."

While raising other concerns, the Governor concluded his letter by stating, "As it stands, I believe much progress has been made on the terms of the OTA, and I look forward to concluding the OTA this weekend according to the terms outlined herein."

"I am pleased that Governor Togiola has since concluded the negotiations and I commend him for working to resolve whatever final issues he deemed to be necessary prior to signing. Ultimately, this is the right outcome for our people who deserve a fully operational airport that places their safety first," Faleomavaega concluded.

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