As shown in figure 1, of the four insular areas addressed in this report, three are located in the Pacific—American Samoa, CNMI, and Guam—and one is located in the Caribbean—the USVI. Each of these insular areas has its own unique culture and historical relationship with the United States. See appendices V, VI, VII, and VIII for detailed descriptions of the history and development of the judicial systems of American Samoa, CNMI, Guam, and USVI, respectively. American Samoa, the only U.S. insular area in the southern hemisphere, is located about 2,600 miles southwest of Hawaii. American Samoa consists of five volcanic islands and two coral atolls, covering a land area of 76 square miles, slightly larger than Washington, D.C. The capital of American Samoa, Pago Pago, is located on the main island of Tutuila, which is mostly rugged terrain with relatively little level land. Agricultural production is limited by the scarcity of arable land, and tourism is impaired by the island’s remote location and lack of tourist-rated facilities. Two tuna canneries constitute the main sources of private sector employment. Most of the economic activity and government operations on Tutuila take place in the Pago Pago Bay area. According to the American Samoa Department of Commerce data, in 2005 the population of American Samoa was about 65,500. Unlike residents born in CNMI, Guam, and USVI, residents born in American Samoa are nationals of the United States, but may become naturalized U.S. citizens. Like residents of the other insular areas, residents of American Samoa have many of the rights of citizens of the 50 states, but cannot vote in U.S. national elections and do not have voting representation in the final approval of legislation by the full Congress. The Delegate from American Samoa has all congressional privileges, including a vote in committee, except a vote in Congress as a whole. Further, according to Census Bureau data for 2000, the median household income in American Samoa was $18,200, less than half of the U.S. median household income of almost $41,000. American Samoa does not have an organic act that formally establishes the relationship between American Samoa and the United States. Two deeds of cession were initially completed between Samoan chiefs, or matai, and the United States in 1900 and 1904 and ratified by the federal government in 1929. In these deeds, the United States pledged to promote peace and welfare, to establish a good and sound government, and to preserve the rights and property of the people. The U.S. Navy was initially responsible for federal governance of the territory. Then, in 1951, federal governance was transferred to the Secretary of the Interior, which continues today. The Secretary exercises broad powers with regard to American Samoa, including “all civil, judicial, and military powers” of government in American Samoa. American Samoa has had its own constitution since 1960, and since 1983, the local American Samoa constitution may only be amended by an act of Congress. The American Samoa Constitution provides for three separate branches of government—the executive, the legislative, and the judicial. Since 1977, a popularly elected Governor heads the American Samoa executive branch for 4-year terms. Nearly 40 American Samoa departments, offices, and other entities within the executive branch of the American Samoa government provide public safety, public works, education, health, commerce, and other services. The Governor has responsibility for appointing the Attorney General, Director of Public Safety, and other executive branch agency leaders. The legislature, or Fono, is comprised of 18 senators and 20 representatives. Each of the senators is elected in accordance with Samoan custom by the city councils of the counties that the senator represents. Each of the representatives is popularly elected from the representative districts. American Samoa exercises authority over its immigration system through its own locally adopted laws. In fiscal year 2007, a total of almost $105 million in federal funds were provided from a variety of federal agencies, including the Departments of the Interior, Education, Agriculture, Transportation, and Health and Human Services. Specifically, DOI provided funds that same year in the amount of $22.9 million for American Samoa government operations, including the High Court of American Samoa. In addition to these federal funds, a portion of the funding for American Samoa government operations comes from local revenues. American Samoa Judiciary The American Samoa judiciary, as provided in the American Samoa Constitution and Samoan Code, consists of a High Court and a local district court under the administration and supervision of the Chief Justice. The High Court consists of four divisions—the trial division; the family, drug, and alcohol division; the land and titles division; and the appellate division. The trial division, which consists of the Chief Justice, the Associate Justice, and associate judges, is a court of general jurisdiction, empowered to hear, among other things, felony cases and civil cases in which the amount in controversy exceeds $5,000. The Chief Justice and the Associate Justice are appointed by the U.S. Secretary of the Interior and are required to be trained in the law. There are six associate judges, who are appointed by the Governor and are not required to have legal training. The associate judges are matai, or chiefs, and they preside over cases in the High Court, playing a more significant role in deciding issues of matai titles and land. There is one local district court judge, who is appointed by the Governor and must also have legal training, who hears matters such as misdemeanor criminal offenses and civil cases in which the matter in controversy does not exceed $5,000. The Chief and Associate Justices, and the local district and associate judges hold office for life with good behavior. The American Samoa judiciary has a public defender, probation officers, translators, and marshals. Since the 1970s the Secretary of the Interior has appointed federal judges, usually from the Ninth Circuit, to serve temporarily as Acting Associate Justices in the appellate division of the High Court of American Samoa. American Samoan customs and traditions have an influence over the local legal system. The distinctive Samoan way of life, or fa’a Samoa, is deeply imbedded in traditional American Samoa history and culture. Fa’a Samoa is organized around the concept of extended family groups—people related by blood, marriage, or adoption—or aiga. Family members acknowledge allegiance to the island leader hierarchy comprised of family leaders, or matai (chiefs). Matai are responsible for the welfare of their respective aiga and play a central role in protecting and allocating family lands. About 90 percent of land in American Samoa is communally owned and controlled by matai, and there are limits in American Samoa law regarding the transfer of property. The concept of fa’a Samoa extends to the governance structures in American Samoa and, thus, most high- ranking government officials, including judges, are matai. Further, Samoan law allows for a custom of ifoga, or ceremonial apology, whereby if a member of one family commits an offense against a member of another family, the family of the offender proceeds to the headquarters of the family of the offended person and asks for forgiveness. After appropriate confession of guilt and ceremonial contrition by the offending family, the family offended against can forgive the offense. If the offender is convicted in court, the court may reduce the sentence of the offender if it finds that an ifoga was performed. The issue of establishing a federal court in American Samoa is not new. This issue has arisen within the larger question of defining the political status of American Samoa and its relationship with the United States. For example, in the 1930s, Congress considered legislation that would provide an avenue of appeal from the High Court of American Samoa to the U.S. District Court of Hawaii, during its deliberation of an organic act for American Samoa. However, this initiative was not enacted by Congress. Further, since 1969, there have been three American Samoa commissions convened to study the future political status of American Samoa. These commissions have studied, among other things, the necessity of an organic act. The most recent commission’s report, published in January 2007, did not recommend any changes in American Samoa’s political status as an unorganized and unincorporated territory of the United States, with the intent that American Samoa could continue to be a part of the United States and also have the freedom to preserve Samoan culture. In addition, in the mid-1990s DOJ proposed legislative options for changing the judicial structure of American Samoa, including establishing a federal court within the territory. These proposals were developed in response to growing concerns involving white-collar crime in American Samoa, which were detailed in a December 1994 DOJ crime assessment report. However, while the House Committee on Resources held hearings on the 1994 DOJ report in August 1995, and judicial committees studied various legislative options, the Congress did not take any actions on the proposals. Then, in February 2006, the Delegate from American Samoa introduced legislation in the U.S. Congress to establish a federal court in American Samoa and later that month, the American Samoa Fono held a joint legislative public hearing to solicit public comments on the bill. No congressional actions were taken on the bill and the Delegate from American Samoa withdrew the legislation after he and others requested this report. The federal courts in the insular areas of CNMI, Guam, and USVI were established under Article IV of the Constitution, whereas U.S. district courts elsewhere in the United States were established under Article III of the Constitution.