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11.1902 Definitions.

Cite as [A.S.C.A. 11.1902]

As used in this chapter, unless the context clearly indicates otherwise:
(1) “Agricultural business” means farms, ranches and other enterprises engaged in, or facilities directly or indirectly related to, the production of agricultural commodities and forest products or businesses related thereto, including, but not limited to, distribution, storage, production, transportation, treatment, packaging, canning, or marketing facilities.
(2) “Agricultural processing or storage facility” means an enterprise engaged in, or a facility directly or indirectly related to, the separation, cleaning, processing, converting, packaging, handling, storing, or other activities necessary or appropriate for the preparation and processing of crops, livestock, and other agricultural and forestry products.
(3) “Area of operations” means American Samoa.
(4) “Authority” means the American Samoa Economic Development Authority.
(5) “Blighted area” means an area which, by reason of the presence of a substantial number of deteriorated or deteriorating structures, the predominance of defective or inadequate street or lot layout, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary and unsafe conditions, deterioration of site or other improvements, diversity of ownership, the existence of conditions which endanger life or property by fire and other causes or any combination of such factors, substantially impairs or arrests the sound growth of a community, retards the provision of adequate housing accommodations or constitutes an economic or social liability and is a threat to the public health, safety, morals or welfare in its present condition and use.
(6) “Board of directors” means the Board of Directors of the Authority.
(7) “Bonds” or “bond documents” means the bonds authorized to be issued and other obligations to be entered into by the authority pursuant to this chapter. The term “bonds” also includes a single bond, a promissory note or notes and any other instrument evidencing an obligation to repay borrowed money including, but not limited to security instruments, trust indentures, loan agreements, collateral pledge agreements, guaranties, mortgages, deeds of trust, debentures, interim certificates, tax anticipation notes, revenue anticipation notes, grant anticipation notes, leases, lease-purchase agreements, certificates of participation in a lease or lease-purchase agreement, or other agreements setting forth the method or source of repayment of borrowed money.
(8) “Commercial enterprise” means an enterprise engaged in, or a facility directly or indirectly related to, the production, distribution or marketing of goods or services, including but not limited to, wholesale, retail and other mercantile activities, office buildings, hotels, motels, shopping centers, department stores, grocery stores, souvenir shops, book stores, stevedores, export or import companies, marine railways, and any other commercial activity.
(9) “Cost” means the amounts expended on or committed for or otherwise related to acquisition, construction reconstruction, improvement, or expansion of a project or facility, including the amounts expended to acquire land, rights-of-way, property rights, easements and other interests in real, personal or mixed property; the amounts expended for machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction whether or not capitalized, necessary reserve funds, engineering, architectural, accounting, and legal services, plans and specifications, surveys, cost benefit analyses, feasibility studies, and other expenses necessary, appropriate or incident to determining the feasibility of, and acquiring, constructing, reconstructing, improving, and expanding any project or facility; administrative or management expenses deemed by, the Board of Directors to be necessary or appropriate; fees charged by the authority; charges and expenses necessary or appropriate to the financing or refinancing project, including the refunding of any outstanding obligations, mortgages, or advances issued, made or given by any person for any of these expenditures, and including, but not limited to underwriting fees, financial advisory fees, credit enhancement costs, title insurance premiums, bond insurance premiums, trustee’s fees, printing costs, rating agency fees, travel expenses and any other cost deemed necessary or appropriate by the Board of Directors of the authority to the discharge of the powers, rights, and privileges vested in it by this chapter.
(10) “Education facilities” shall mean real, personal or mixed property of any and every kind intended by an educational institution to be utilized in furtherance of its educational program, including, but not limited to, dormitories, classrooms, laboratories, athletic fields, administrative buildings, recreational building equipment and other property for use therein.
(11) “Facilities” means any interest in real, personal or mixed property, whether tangible or intangible, including but not limited to, land or rights in land, leases, air rights, subsurface rights, water rights, geothermal rights, easements, rights-of-way, permits, licenses, depreciable assets, contract rights, or immovable and any other property, furnishing, machinery, vehicles, apparatus or equipment including, but not limited to, any and all facilities for agencies of the government, courthouses and other administrative, executive or other public offices; office buildings; jails; fire fighting and fire prevention, law enforcement and crime prevention facilities and apparatus; auditoriums, stadiums, convention centers and similar public meeting or entertainment facilities; civil defense facilities; civil defense facilities; hospitals; air and water pollution control facilities; drainage and flood control facilities; storm sewers; arts and crafts centers; museums, libraries, public parks, playgrounds or other public open space; marinas; swimming pools, tennis courts, facilities for other racquet sports, bowling greens, cricket fields, camping facilities, gymnasiums and other recreational facilities; tourist information and assistance centers; historical, cultural, natural, or folklore sites; fair and exhibition facilities; streets and street lighting, alleys, sidewalks, roads, highways, bridges, and via ducts; airports, passenger or freight terminals, ports, harbors, ferries, wharves, docks and similar marine services, slack water harbors, water resource facilities, waterfront development facilities, public water systems and related transmission and distribution facilities, storage facilities, wells, impounding reservoirs, treatment plants, lakes, dams, watercourses; sanitary sewage collection systems and treatment plants; maintenance and storage buildings and facilities; police and sheriff stations; apparatus and training facilities; telecommunications systems; data gathering and transmission systems; computer systems; incinerators; garbage and solid waste disposal, compacting and recycling facilities of every kind; and social and rehabilitative facilities.
(12) “Federal government” means any agency, department, or instrumentality of the Government of the United States of America.
(13) “Fishing industry” means an enterprise engaged in, or a facility directly or indirectly related to, any aspect of harvesting any product of the sea whether plant, fish, mammal, amphibian or some other classification, or an enterprise engaged in, or facilities directly or indirectly used in connection with the separation, cleaning, processing, converting, packaging, handling, storing or sale of such products of the sea.
(14) “Health care facilities” shall mean facilities for furnishing physical or mental health care including, but not limited to, hospitals and other facilities for the diagnosis and treatment of any physical or mental illness or malady, offices and clinics and related facilities, nursing homes and related facilities, long-term or lifecare facilities for the elderly or disabled, and shall include facilities used to furnish emergency medical health care and ambulances or vehicles specifically designed, equipped and licensed for transporting the sick or injured, emergency medical equipment and supplies; communications systems; computers and information processing systems; and training and administrative facilities.
(15) “Home buyer” means a person who has executed a contract with the authority to acquire a home, and who has not yet become a homeowner.
(16) “Housing project” means any facility, work, or undertaking to provide or assist in providing decent, safe and sanitary dwellings, apartments, or other living accommodations for persons of low and modest income by any suitable method, including, but not limited to, rental, sale of individual units in single or multi-family structures under conventional condominium, cooperative sales contract or lease-purchase agreement, loans, or subsidizing of rentals or charges. Each facility, work or undertaking may include buildings, leasehold interests, equipment, facilities and other real, personal or mixed property deemed by the Board of Directors of the authority to be necessary, convenient or desirable, including, but not limited to, streets, sewers, water service, utilities, parks, site preparation or landscaping, and any other facility or appurtenances for administrative, community, health; recreational, welfare or other purposes. The term “housing project” or “project” also may be applied to the planning of the buildings and improvements thereto, the acquisition of the property or any interest therein, the demolition of existing structures, construction, reconstruction, rehabilitation, alteration or repair of the improvements or other property and all other work resulting therefrom or incidental thereto. The term shall also include all other real, personal or mixed property and all tangible and intangible assets held or used in connection with the housing projects.
(17) “Industrial enterprise” means an enterprise engaged in, or a facility directly or indirectly used to manufacture, produce, process, assemble, repair extract, warehouse, distribute and transport any product, including but not limited to, corporate and management offices and services provided in connection with any of the foregoing and industrial parks.
(18) “Loans” shall mean loans made for the purposes of financing any of the activities authorized within this chapter, including loans made to financial institutions for the purpose of funding loans to third parties or as security for loans made to accomplish any of the purposes of this chapter.
(19) “Members” means the members of the Board of Directors of the authority, organized pursuant to the provisions of 11.1903.
(20) “Mortgage” includes a mortgage, trust indenture, deed of trust, or other similar instrument.
(21) “Mortgage holder” includes the United States Department of Housing and Urban Development, Federal Housing Administration, United States Department of Agriculture, Farmers Home Administration, any other federal government or state agency engaged in housing activity, Administrator of Veterans Affairs, Federal Home Loan Mortgage Corporation, private mortgage lender, private mortgage insurer, and their successors, grantees and assigns.
(22) “Mortgage lender” means any bank or trust company, savings bank, national banking association, or savings and loan association maintaining an office in American Samoa, an insurance company certified to transact business in American Samoa, or any mortgage approved by the Federal Housing Administration and maintaining an office in American Samoa.
(23) “Obligations” means any notes, bonds, interim certificates, contracts, debentures, or other forms of obligation issued by the authority pursuant to this chapter.
(24) “Person” shall mean any individual, corporation, association, partnership, joint venture, joint stock company, trust, unincorporated organization, and any other legally recognized entity or government or any agency or political subdivision thereof.
(25) “Persons of low income” means persons or families as determined by the board of directors who cannot afford to pay enough to cause private enterprise in the islands to build an adequate supply of decent, safe, and sanitary dwellings for their use.
(26) “Persons of moderate income” means persons of families as determined by the Board of Directors who cannot afford to pay enough to secure the necessary mortgages to buy a decent, safe and sanitary dwelling for their use.
(27) “Project” means any facilities deemed by the Board of Directors to be necessary or appropriate to a housing project, an agricultural business, an agricultural processing or storage facility, a commercial enterprise, educational facilities, the fishing industry, health care facilities, an industrial enterprise, a tourism facility, a warehousing or distribution facility and sports facilities, convention or trade show facilities; mass transit commuting facilities; parking facilities; sewage or solid waste disposal facilities; facilities for the furnishing of water for use by the general public, including nonresidential users; local district heating and cooling facilities; industrial parks; residential rental property; hydroelectric generating facilities; airport, dock, or wharf or storage or training facilities directly related thereto; facilities for the local furnishing of electric energy or gas; petroleum products processing or storage facilities; air and water pollution control devices or facilities; facilities of agencies of the government for administration or any other governmental purpose: one or more buildings and other structures, whether or not on the same site or sites; any rehabilitation, improvement, renovation, enlargement of, or addition to, any buildings, facilities, or structures for use in any project; sites and other rights in land whether improved or unimproved, machinery, equipment, inventory, site preparation and landscaping, and all appurtenances and facilities thereto, such as warehouses, utilities, access roads, truck docking and similar facilities; as well as any combination of the foregoing any other project which would qualify for tax exempt financing under title 26 U.S.C. 103 and 103A.
(28) “Tourism facility” means a facility used for or useful in connection with theme parks, zoological gardens, amusement parks, major historical, educational or trade museums, cultural centers, or spectator or participatory sports facilities, generally available to the public, including but not limited to, marinas, arenas, beaches, bathing facilities, golf courses, hotels, theaters, and auditoriums.
(29) “Utilities” or “utility” means any enterprise engaged in, or facility directly or indirectly used in the generation, cogeneration, conversion, production, transmission, storage, or delivery of energy, communication, gas, water, wastewater, drainage, electricity, power, solid waste disposal, telephone, data transmission or telecommunication services.
(30) “Warehousing or distribution facility” means a facility used or useful in the storage or centralized distribution of products resulting from, or used in, manufacturing, agriculture, fishing, mining, or any of the other activities specified as public purposes in this chapter, including but not limited to, warehouse, distribution centers, freight terminals, and elevators.

History: 1986, PL, 19-69 § 1.