Rule D Village Council Certifications for Rental Compensation Payments
Rule Text
(1) Within 45 days after the date on which the declaration for the rental assessment proceeding is forwarded to the village/county council, the council shall file with the High Court a certification in the form prescribed by Appendix “A” of these supplemental rules.
(2) The certification shall contain the following information.
(a) The certification shall list the names of the persons who are entitled to receive the rental compensation payments (“payees”) and the respective amounts of their annual rental compensation payments for the first five years of the lease agreement, as proposed by the village/county council. The certification shall state that the payees represent the families owning communal lands or are the owners of individually owned lands in the village/county within the Park who: (i) have reached mutual agreements with each of their adjoining landowners as to the common boundaries of their lands solely for the purposes of receiving rental compensation; and (ii) concur with a determination by the High Court of the amount stated in the certifications as their annual rental compensation payments or the first five years of the lease agreement.
(b) For communal land, the certification shall identify the payee either as the senior matai (“sa’o”), or as another authorized representative, of the family. The payee shall be the sa’o, unless at the time of the rental assessment proceedings, either the sa’o position is vacant or the sa’o is unable to act on behalf of the family due to absence from American Samoa or incapacity. If the payee is not the sa’o, the reason for the payee’s representative capacity shall be stated. The certification shall also include the name of the family and the name of the land.
(c) For individually owned land, the certification shall identify the payee either as the owner of the land or as the owner’s duly authorized representative. The payee shall be the owner, unless at the time of the rental assessment proceedings, the payee has been given the owner’s power of attorney or has other legally recognized authority. A copy of any such power of attorney or other legal authority shall be enclosed as an exhibit to the certification. The certification shall also include the name, if any, of the land.
(d) The Act contemplates that rental compensation payments will be made for lands owned by villages (“village land”) within the Park, as a distinct category of land in American Samoa. For purpose of the rental assessment proceedings only, “village land” is defined as land which is not commonly recognized by the inhabitants of a village either as the communal land of some family or as the individually owned land of any particular person(s). The certification shall name the village/county council as the payee of the rental compensation payment or village land, and shall identify, by name and position in the village, the person to whom payment shall be made on behalf of the village. The village/county council may expend rental compensation payments for village land in any manner which the council, in its discretion, deems appropriate.
(2) Each village is allocated a share of the total rental compensation authorized for the Park. This allocation is based on the number of acres and type of land in each village within the Park. The amount of rental compensation payable to each payee shall be based on the size and type of the payee’s land relative to the value of the village’s total land area within the Park. The proposed amounts of the rental compensation payments set forth in each certification shall be calculated by the village/county council on this basis.
(3) If any owner withdraws his or her land from the Park, the amount of the rental compensation allocated to the village shall be reduced according to the size and type of land withdrawn. This amount shall be reinstated to the village allocation only if the land is again included within the boundaries of the Park with the prior approval of the High Court. The reinstated amount shall be available for payment only prospectively from and after the date on which the land is restored to the Park.
(4) A proposed certification shall be posted by each village/county council at two public places in the village for at least 15 consecutive days during the 45-day period established for the preparation and filing with the High Court of the final certification. Proof of the posting shall be set forth in the final certification. The village/county council shall endeavor to resolve any differences presented to the council over the proposed certification in preparing the final certification filed with the High Court. Effective October 18, 1993.