American Samoa Administrative Code

The territorial planning commission derives its authority to promulgate these rules pursuant to 10.0102(e) ASCA. History: Rule 16-87, eff 12 Oct 87.

The chairperson of the commission shall be designated by the Governor from among the commissioners. The commission may elect one of its members as secretary. Should the chair- person be unable to attend a meeting, the members shall elect an interim chairperson. History: Rule 16-8…

The commission shall meet on the first and third Tuesday of each month at 9:00 a.m. in the office of development planning, unless otherwise announced. Such other meetings and hearings as are necessary for the efficient conduct of its business may be held at such times and places …

The commission by a majority vote shall recommend to the Governor the need for a replacement for any member who misses 3 consecutive meetings without cause. Cause shall include health reasons and off-island business trips. History: Rule 16-87, eff 12 Oct 87.

A quorum shall be one-half or more of the appointed members in attendance at a meeting. A quorum shall not be lost when members leave the meeting unless the quorum is questioned by at least 1 member still in attendance. No official business can be conducted without a quorum. Hist…

In addition to duties found in 10.0101 et seq. ASCA the commission shall have the following jurisdiction and authority: (1) To review and approve a comprehensive general plan for the future development of the territory and to make a report of its findings and recommendations to t…

(a) The comprehensive general plan may be concerned particularly with industrial, commercial or agricultural development; with education, social services, housing, essential fire, water and electric utilities services, and with transportation, communications, recreation, conserva…

The commission shall meet with each planning district boards or all such boards as a need arises but shall meet with them at least once each year. History: Rule 16-87. eff 12 Oct 87.

(a) Pursuant to 10.0102(c) there is an advisory board to the commission which shall consist of 7 department and office heads or their delegates of the government of American Samoa. The commission shall name the advisory committee annually at its meeting in October or as needed to…

The chairperson may name additional committees of the commission to perform certain investigations or tasks to report back to the commission. These may be committees of the whole or committees of no less than 3 members of the commission. Committees shall report to the commission …

(a) All persons addressing the commission at a public hearing shall identify themselves by name, village of residence, and, if applicable, employment or group affiliation. Persons may make oral or written presentation in person or through a representative or attorney. The chairpe…

(a) Pursuant to 27.0201 et seq. ASCA the commission will review all new applications for a business license including those filed by individuals, partnerships and corporations. ew business licenses, includes first applications for a business license, for additional locations and …

The income tax rules of the United State Government, in force on 1 Jan 78 and thereafter adopted, where not clearly inapplicable or incompatible, are effective in American Samoa in accordance with 11.0403(a) ASCA.

Pursuant to the authority, requirements, and provisions of 4.1002 and 4.1004 ASCA, the regulation of the Department of Agriculture which currently provides for a rental charge of $100 per bingo game held at the Market Place, is amended as foi1ows: “There shall be a rental charge …

The authority for exercising control and management of government property in the ASG is vested in the director of material management. Section 4.1002 ASCA constitutes the basis for the issuance of the manual codified in this chapter and for all actions by the director in matters…

The purpose of this chapter is to prescribe adequate and uniform procedures throughout the ASG for accounting for all equipment, materials, and supplies under the jurisdiction of the department of material management. Compliance with the basic req uirements established in this ch…

(a) The director of material management shall manage and control government property and shall have authority over the disposition and use of such property, including inventorying and establishing forms and procedures for sale, ren tal, or other disposition o f such property. (b)…

All property acquired by the government will be charged to an accountable officer. The safeguarding of property and maintenance of proper records thereof shall be considered a primary responsibility of these officers. It is the responsibility of the head of each department or age…

The head of a department or agency may designate an officer or employee of his department or agency to perform the functions prescribed. The officer or employee so designated, as responsible for supervising the property management program of his department, shall be the property …

For describing the type or nature of a transaction, including the acquisition or disposition of fixed assets, by means of a numerical code, the following transaction code has been developed and prescribed, and will be shown on reports submitted to the director of material managem…

Subject to additional or more detailed definitions in the Accounting Manual of the department of administrative services, and unless the context otherwise requires: (1) “building” means any structure erected aboveground, together with its appurtenances, the principal purpose of w…

Certain basic principles are involved in the receiving of government property and shall be observed when assigning the responsibilities of this function. These principles include: (1) acknowledging receipt. The individual who signs the receiving report is certifying that the prop…

All departments will formally document the receipt of all personal property, whether such property is acquired from commercial sources, doni1ted, recovered, or obtained by transfer from another government agency. (1) Property received shall be recorded on a receiving report to pr…

All government property classified as nonexpendable, except as exempted elsewhere in this chapter, shall be permanently marked to identify it as government owned. Markings may be accomplished by any means which will produce permanency and which will be most adaptable to. the part…

(a) Very small, delicate, or precision apparatus, which cannot be marked in a permanent manner without damage to the equipment, is exempt from any requirement for marking or numbering. The number assigned to such equipment, however, shall be recorded on the property cards establi…

Each item or group of items of nonexpendable property shall be assigned an identifying property number by the head of the division of property, department of material management. Decimal suffixes may be added to the property number in. order to specifically identify individual it…

All motor vehicles of the ASG, except those exempted elsewhere in this chapter, shall bear special markings and identification consisting of the following: (1) “For Official Use Only”; (2) ASG decalcomania; (3) Identification plates; i.e., plates with numbers prefixed by letters,…

When property is sold or otherwise permanently removed from government service, all identification markings which indicate that the property was previously owned by the government shall be removed prior to disposition. History: Rule 3-78, eff 17 Apr 78,300 GASM § 1.6.

(a) It is the responsibility of each department, bureau, and/or agency to classify items of property as expendable or nonexpendable within the meaning of these terms as defined in this chapter and in the ASG Accounting Manual. (b) Nonexpendable property should be further classifi…

In making the determination as to proper classification of the various items of nonexpendable property, consideration will be given to such factors as acquisition cost, expected useful life, use, susceptibility to personal uses, cost of possible accountability and/or responsibili…

(a) Fiscal Accounting Records. The value of nonexpendable property acquired and disposed of shall be recorded in the records and accounts prescribed in this chapter and as determined by the director of administrative services as defined in the Accounting Manual. (b) Accountabilit…

When an accountable officer is to be relieved of accountability, the incoming accountable officer shall be required to accept, formally, full responsibility and accountability for all government-owned property involved in the transfer of accountability. This may be accomplished i…

An accountable officer may be relieved of accountability for property by the following methods: (1) Transfer of accountability to another accountable officer; (2) Transfer of available property to another accountable officer within the department and/or transfer of excess propert…

Survey action and a report of survey, GAS form MT/MGT 31, illustrated in Appendix 3, are required to authorize and/or document the following property transaction and circumstances: (1) Loss of property exceeding $100 in original cost. Losses of $100 and less shall be subject to r…

Survey action is not required to authorize the following type of property disposals, all of which are otherwise authorized and amply documented: (1) Transfer of available and excess property to any other governmental activity; (2) Sale on nonreportable property after circularizat…

A certificate of loss or damage (see Appendix 10) may be used in lieu of a report of survey to document losses of or damages to property, provided the total amount of the loss or extent of the damage to all items contained in the certificate does not exceed $100 and possible clai…

When survey action is required as prescribed in this chapter, and as may be directed by the head of the property division, department of material management, it shall be conducted by the authorities set out in 10.0128 and 10.0129. History: Rule 3-78, eff 17 Apr 78, 300 GASM § 5.4…

(a) Authority for survey boards is found at 4.0302 ASCA. (b) Boards of survey, consisting of not less than 3 members, shall be appointed by the Governor. In case of property to be surveyed, neither the accountable officer nor the responsible employee for such property shall be a …

Authority to approve or disapprove reports of survey and certificates of loss vested in the Lieutenant Governor of American Samoa. History: Rule 3-78, eff 17 Apr 78, 300 GASM § 5.6.

Boards of survey shall fully investigate matters submitted to them. They will call for all evidence obtainable and will not limit inquiries to evidence or statements presented by parties in interest. They will examine and verify all evidence presented and available, and make reco…

Boards of survey’s action in determining whether to hold an employee financially liable for damaged or missing property entrusted to him should be taken apart from and without prejudice to whatever action of a personnel nature may be appropriate. The question of financial liabili…

An employee held liable for damaged or missing property by action of a board of survey shall have the right to appeal to the appropriate reviewing authority. It is desirable that such appeals be made through the usual channels. History: Rule 3-78, eff 17 Apr 78,300 GASM § 5.11.

Thefts or damages to government property shall be reported simultaneously to the property division, department of material management and to the attorney general, department of legal affairs. Copies of such reports shall be used as pertinent attachments to reports of survey. Hist…

(a) The fixed assets of the ASG are divided into the following 6 classes: I. Land; 2. Buildings; 3. Other structures and facilities; 4. Equipment under unit control; 5. Equipment under collective control; 6. Work in progress. (b) The numbers appearing at the left in subsection (a…

1. Land: This classification includes all land owned by the government of American Samoa, regardless of method of acquisition It does not include any buildings or structures on the land. History: Rule 3-78, eff 17 Apr 78,300 GASM § 6.1.

2. Buildings: This classification includes permanent buildings which mayor may not be connected with other structures by passageways. In addition to the building itself, it includes plumbing, heating, ventilating, sanitary, mechanical, electrical work, lockers, and cabinets which…

3. Other structures and facilities: This classification consists of nonexpendable items accounted for as a single unit or entity. It must meet 1 or more of the following conditions: (1) The cost of the individual piece of equipment is $100 or more; (2) It has a serial or model nu…

5. Equipment under collective control: (a) This classification applies to equipment that is accounted for as a group rather than as single units. The individual piece of equipment loses its identity as such and is one of a group. For this purpose, the equipment must be the same w…

6. Work in progress: This classification will apply to construction projects which have been started but not completed and accepted. Temporary records will be maintained to support the value of the work in place as reported. The department of administrative services will be requi…

This section through 10.0143 prescribe basic requirements for the storage of equipment, materials, and supplies acquired by the ASG. This section through 10.0143 will not attempt to cover every conceivable condition or problem that will arise in connection with the storage of var…