Data-center law in American Samoa
Subnational jurisdiction · as of 2026-09-05
American Samoa has no data-center-specific siting, permitting, or incentive statute. A project's land access runs through the territory's constitutionally protected communal land system: most land cannot be alienated to a person without at least one-half native Samoan blood absent Governor approval, so a data-center developer's ordinary path is a Governor-approved lease of native land for up to 55 years.
The territory's general Industrial Incentive Act lets the Tax Exemption Board grant a qualifying business up to a 10-year exemption from territorial taxes, duties, and license fees, and the Environmental Quality Act, the American Samoa Power Authority's electric and water utility statute, and the territory's adopted building code are the general permitting and utility framework a project would use.
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Instruments on record
8 instruments on record, grouped by the family of approval each one governs.
Land use
Who decides whether a data center may occupy a site, and through what approval?
Leasing of native land
In force
Am. Samoa Code Ann. § 37.0221
Applies to private
Native land may be leased to any person for any purpose other than mineral working or timber cutting for a term of up to 55 years, with the Governor's approval of the provisional agreement and a registered, sealed lease.
The lease is conditioned on occupying or cultivating at least one-tenth of the leased area within two years, and the Governor may cancel and revert an unoccupied lease after five years, except that a lease mortgaged to finance construction of improvements cannot be cancelled during the mortgage's term.
Source: Full text of law
Restrictions on alienation of communal land
In force
Am. Samoa Code Ann. § 37.0204
Applies to private
It is prohibited for a matai in control of communal family land to alienate that land, or any part of it, to any person without the Governor's written approval, and it is prohibited to alienate native land to a person with less than one-half native Samoan blood except on narrow ancestry, residence, and lifelong-domicile terms. A person who fails that native-blood test cannot take title to native land under this section.
Source: Full text of law
Environmental review
What impact review must precede approval, and who leads it?
Environmental Quality Act, policy
In force
Am. Samoa Code Ann. § 24.0102
Applies to both
The Environmental Quality Act declares it the territory's policy to achieve and maintain air and water quality levels protecting human health and safety, and states the chapter's purpose as a coordinated Territory-wide program of air and water pollution prevention, abatement, and control.
Source: Full text of law
Energy and grid
What authorizations govern grid connection and onsite generation?
American Samoa Power Authority, electric utility
In force
Am. Samoa Code Ann. § 15.0102(7)-(8)
Applies to both
The American Samoa Power Authority holds the statutory duty to make all arrangements for the generation, purchase, transmission, distribution, and sale of electric energy within the territory, and to publish its own tariffs and rate schedules under the territory's Administrative Procedure Act.
Source: Full text of law
Water and utilities
Who commits water and sewer service, and under what assessment?
American Samoa Power Authority, water and wastewater utility
In force
Am. Samoa Code Ann. § 15.0102(9)-(10)
Applies to both
Through its Water and Wastewater Utility Division, the American Samoa Power Authority holds the statutory duty to make all arrangements for the production, distribution, and sale of potable water and for the collection and disposal of wastewater in the territory, and to publish its own tariffs and rate schedules under the territory's Administrative Procedure Act.
Source: Full text of law
Construction
What codes and permits govern the build itself?
Uniform Building Code adoption
In force
Am. Samoa Code Ann. § 26.1001
Applies to both
American Samoa has adopted the Uniform Building Code, Short Form, 1964 Edition, with the Governor-appointed building official of the territory's Building Department, under the Department of Public Works, administering and enforcing it in place of the model code's city or county officials. Building permit fees scale with the total valuation of the structure under the chapter's own fee table.
Source: Full text of law
Air and operations
What permits govern backup generators and ongoing emissions?
Environmental Quality Act, stationary pollution source permits
In force
Am. Samoa Code Ann. § 24.0118
Applies to both
A person may not construct, reconstruct, or modify a new or existing source of pollution, or install, modify, or use equipment capable of causing or contributing to pollution, without a permit from the Environmental Quality Commission.
Source: Full text of law
Public agreements
What fiscal agreements attach a data center to its host jurisdiction?
Industrial Incentive Act, tax exemption certificates
In force
Am. Samoa Code Ann. §§ 11.1601-11.1612
Applies to private
The territory's Tax Exemption Board may grant a qualifying industrial or business enterprise establishing or expanding in American Samoa a temporary exemption from some or all territorial taxes, duties, business license fees, and similar charges. The exemption cannot exceed 10 years with no extensions and terminates early once the cumulative taxes forgiven reach 200% of the enterprise's noncurrent investment, and no exemption reaches income earned or activity carried on outside American Samoa.
Source: Full text of law
Every entry cites the instrument it describes.
None of it is legal advice: verify a citation before relying on it. Full
sourcing: read the methodology. The rest of the
record: all jurisdictions.