Pago Pago, AMERICAN SAMOA — Gov. Pulaaliʻi Nikolao Pula has declared an emergency situation regarding completing vital infrastructure and improvement projects. As reported earlier in Samoa News, the territory must complete all work funded by the American Rescue Plan Act (ARPA) in less than 24 months, on Dec. 31, 2026.  American Samoa will need to return any remaining funds and may be required to pay back a portion of the money spent.

According to the governor’s General Memorandum # 033-25, issued on Feb. 6 to all authority and agency heads, it was effective immediately, and all ARPA-funded projects are to receive highest priority and consideration for processing within the various departments.

“I have appointed Uti Gebauer to head up the ARPA office. I have also appointed a panel of advisors, headed by Faa Aitofele Sunia, who will oversee all progress on these projects and help ensure they are moving forward,” the governor is quoted in the memo.

Congress passed ARPA in 2021 to provide al of America and its territories much-needed funds to address the health and economic impacts of the COVID-19 Pandemic. This included the direct checks that residents received, as well as the Child Tax Credit and funding to assist with our pandemic response, like the repatriation program.

Congress also provided funding to state and local governments, including American Samoa. to undertake broad measures to further alleviate the economic impacts of COVID and prepare for the future

“To be absolutely clear, the law must be followed — no shortcuts. If a barrier is too large to overcome with in your workgroup, do not be discouraged. Escalate the issue within your agency or department, and work together to solve the challenge. When there are flaws that cannot be remedied, you are encouraged to contact the ARPA office and advisory panel,” the governor wrote in the memorandum. 

BACKGROUND

Under ASCA 26.0105, the Governor has the authority to declare an emergency when there is an imminent threat to public health, safety, or economic stability. This would allow ASG to mobilize resources, reallocate funding, and bypass certain administrative procedures in the interest of protecting the community.

Proponents argue that an emergency declaration would allow ASG to fast-track contract approvals, accelerate infrastructure projects, and ensure that ARPA funds are put to use before the deadline expires. Given the significant delays in fund allocation, they believe such a step is necessary to prevent the loss of millions in federal aid that could otherwise benefit the territory.

However, legal experts question whether the current situation meets the legal definition of an emergency.

The federal COVID-19 public health emergency officially ended in May 2023, and there is no ongoing public health crisis or sudden economic downturn in American Samoa that would justify extraordinary measures. While the delays in spending are a serious concern, they are largely administrative in nature and not the result of an unforeseen disaster or crisis.

“There’s a difference between an emergency and a management issue,” said one legal analyst who spoke with Samoa News on condition of anonymity. “An emergency declaration is meant for situations that pose an immediate threat to public health or safety. The slow expenditure of ARPA funds is not an emergency — it’s a matter of bureaucratic inefficiency. That should be addressed through better planning, not through emergency powers.”

Others warn that an emergency declaration could set a troubling precedent. If ASG uses emergency powers to bypass normal budgeting and procurement rules without a clear, imminent crisis, it could lead to legal challenges and federal scrutiny.