DMWR director makes known his concerns about gov’t projects proceeding without permits

Pago Pago, AMERICAN SAMOA — The director of Marine & Wildlife Resources has written to the director of the Department of Commerce about his environmental concerns with “some major excavation, digging and clearing work being done in the Malaeimi/ Nuuuli area.” His letter highlights an issue that has become of major concern to many in the community — of government work being done without land use permits and family permission in place.

The project, the DMWR director mentions in his letter, is also concerning to one of the families who claim the lands the project is excavating, and has been the focus of a protest by some of its members, who began posting on Facebook/ social media in February.

The protest was spearheaded by Kolopa Tuiasosopo, a member of the family. She posted a video on fb that went viral on Feb. 21, 2024, showing the family protesting the project — that according to her has no land use permit and no lease agreements in place.

The DMWR director’s letter was posted by Kolopa Tuiasosopo this past weekend.

According to DMWR director Taotasi Archie Soliai, in his letter to DOC director Petti Matila, dated Feb. 22, 2024, the lack of a land use permit, “nor have we had the opportunity to review and scrutinize the plan (if any) through the PNRS Board” is most concerning. PNRS is the Project Notification Review System that is managed by the DOC.

Without an insurance of a land use permit for this project, Taotasi says, “there is a risk that the project may proceed without adequately addressing potential environmental concerns.”

Taotasi adds, “As you are aware, the PNRS plays a crucial role in ensuring that projects are thoroughly reviewed to assess their potential impacts on the environment, wildlife, and local communities.

“Additionally, obtaining a Land Use Permit is essential for ensuring that projects are in compliance with relevant regulations and laws.”

The DMWR director wrote that he was particularly concerned about the “lack of clarity surrounding the potential impact of the drainage project on marine life and coastal resources.

“Given the sensitive nature of these ecosystems, it is imperative that any alterations to the environment are carefully considered and mitigated to minimize negative consequences.

“Furthermore, it is essential that any species covered under the Endangered Species Act are adequately protected, as mandated by federal law.”

Taotasi then highlights an issue that has been the focus of many in the community — that of government work being done with no permits — federal or local, i.e. recently an excavation behind the American Samoa Community College on the hillside for a new building was stopped due to no land use permit, and the work by Paramount Builders was stopped by the US Army Corps of Engineers due to unauthorized activities — no federal permits — at the Tula shoreline area and Amaile Stream in Nuuuli.

In his letter, the director informs the DOC director that he had sent an email request to her office “in August of last year regarding a separate unpermitted excavation in the Malaeimi valley.

“I followed up again in December of last year, and included an inquiry on the apparent new road excavation into the Faga'alu mountainside behind the rock quarry.

“To date, I have not received any responses to those emails.”

Taotasi further points out that the Acting Chair of the PNRS and Board members were copied that email. He also says that, “the DMWR representative to the PNRS, via a conversation with the Acting PNRS Chair, confirmed that there were no permits issued for those two projects at the time of the inquiry.”

He asks Matila that she address the matter and urges that she “ensure that all necessary permits and reviews are conducted in accordance with established procedures and regulations.”

The DMWR director adds that he would appreciate any relevant information or documentation be provided regarding these projects that DMWR may assess their “potential impact on marine and wildlife resources and endangered species more thoroughly.”

The letter is cc’d to the PNRS Board, the DPW director and the ASEPA director, and signed by Taotasi, as DMWR director.

Samoa News reached out to DMWR for a comment on the director’s letter and the issue.

BACKGROUND

At the time the video went viral on Facebook, according to Kolopa Tuiasosopo no talks or meetings with the families whose lands are affected by the project had been held to discuss the project. And, the government had basically left the project to the owner of Paramount Builders, Papalii Laulii Alofa, who is specifically named in the video. It also pointed to land surveyors doing work on the land at the time, saying it was at “Lauli’i’s” behest (this has not been verified by Samoa News).

Investigation by the family, according to Tuiasosopo, found there was no land permit and that the scope of the project they saw was not within the boundaries it shows for the $15 million project. She also said they spoke to ASDRO and were told that the project would not proceed because there were no matching local funds, and she therefore wondered from where the money to proceed came.

There were also concerns about possible burial grounds on the lands being upheaved.

The family members who are heard on the video note that it’s an election year and for the people of the Territory to make known their displeasure at the ballot box for having their lands and rights trampled on by this government.