As the deadline for comments regarding the lease request for deep-sea mining in waters close to American Samoa draws near, the House of Representatives has passed a concurrent resolution which is to be the Legislature’s position on the issue.
The resolution affirms the American Samoa Legislature’s support for Governor Pulaalii Nikolao Pula and Congresswoman Uifaatali Amata’s efforts in protecting the environmental integrity and cultural heritage of American Samoa’s maritime resources.
Representatives passed amendments to the resolution to reiterate the provisions of the 1904 Deed of Cession of Tutuila and Aunuu and that of Manu’a in 1924, together with the act of Congress designating Swains Island as part of American Samoa in 1925. Under these agreements, the United States ensures the protection of “American Samoa’s lands, waters and traditional way of life.”
According to the resolution, while American Samoa is a territory of the United States, it retains distinct legal and cultural protections, including its constitution, unique land tenure systems, and an independent judiciary—affirming the territory’s right to protect its cultural resources and environmental legacy.
It notes that Proclamation 5030 by then-President Ronald Reagan provides that American Samoa’s Exclusive Economic Zone extends to a distance 200 nautical miles from the baseline from which the breadth of the territorial sea is measured. While the United States holds sovereign rights over this area for purposes of resource management, the people of American Samoa have a vested interest in advocating for the protection of marine resources within these waters due to cultural, ecological, and economic ties.
“Deep-sea mining threatens not only the ecological balance of our marine environment, but also the contractual guarantees provided under the Deeds of Cession, making its authorization without proper consultation a potential violation of these agreements,” the measure states in reference to the Deeds of Cession.
The American Samoa Legislature will continue to prioritize long-term sustainability of natural resources over short-term economic interests. This duty includes requiring federal agencies and private entities to comply with American Samoa’s founding agreements and consult with territorial stakeholders before engaging in deep-sea mining activities.
The resolution states that the Legislature “formally opposes deep sea mining without science driven policies, legal transparency and full recognition of Pacific island sovereignty, mandating that all entities engaging in marine extraction respect the binding fiduciary duty outlined in the Deeds of Cession.”
The concurrent resolution has been forwarded to the Senate for review.
