Mr. Speaker, I rise today to include, for historical purposes, information about my opposition to the construction of a McDonald's at Utulei Beach. [Press Release, Apr. 26, 2006] Faleomavaega Makes…
Mr. Speaker, I rise today to include, for historical purposes, information about my opposition to the construction of a McDonald's at Utulei Beach.
[Press Release, Apr. 26, 2006]
Faleomavaega Makes Final Appeal to McDonald's Corporation
Congressman Faleomavaega announced today that he has made a
final appeal to Mr. Jim Skinner, Vice-Chairman and CEO of the
McDonalds Corporation, in a letter dated April 26, 2006. The
letter was copied to Jonathan B. Jarvis, Regional Director of
the National Park Service, Governor Togiola, Lieutenant
Governor Ipulasi, President Lolo Moliga and Senators, Speaker
Matagi R. McMoore and Representatives, Lydia Faleafine of the
DOI in American Samoa, Peter Bush, Managing Director/CEO,
McDonalds Australia, Charles Tautolo, CEO of McDonalds
American Samoa, and Lelei Peau, Chairman, PNRS Board, ASG.
The full text of the Congressmans letter is included below.
Dear Mr. Skinner:
As a follow-up to my letter of May 25, 2005, I am once
again requesting your immediate intervention regarding a
decision made by McDonalds to build a new facility at the
Utulei Beach Park in American Samoa. Utulei Beach is the only
public beach in America Samoa and building at this site goes
against the core values of McDonalds which promotes an agenda
of community involvement, environmental protection, and a
promise to earn the trust of your customers and everyone else
affected by your business.
Most importantly, based upon relevant information including
documents, maps, and other material, there is a signed
agreement (attached) between the American Samoa Government
(ASG) and the US National Park Service (NPS) that places
Utulei Beach Park within the Land and Water Conservation Fund
Program (LWCF) as park land dedicated to public outdoor
recreational use in perpetuity. Also included with the
agreement is a map (attached) clearly showing that the
entirety of the Utulei Beach Park is included in the
agreement which places the proposed McDonalds within a
protected park area and violates ASGs agreement with the NPS.
Because ASG has accepted over $4 million from the federal
government since signing this agreement, I can assure you
that the NPS is prepared to take whatever legal action is
necessary against ASG and the McDonalds Corporation if this
matter is not expeditiously resolved. Please note that both
NPS and ASG are under the jurisdiction of the US Department
of the Interior and any action taken will directly involve
the US Secretary of the Interior and this will not be good
for ASG or for McDonalds.
As you know, last year I copied you on a letter I wrote to
Mr. Charles Tautolo, CEO of McDonalds American Samoa, in
which I requested a copy of the feasibility study of the
proposed plan to construct a McDonalds at Utulei Beach Park.
To date, I have not received a copy of the feasibility study
and I am very concerned about how the McDonalds Corporation
can support construction of a new facility at any location
when no environmental study has been conducted.
I also question how the McDonalds Corporation can support a
lease agreement which is itself under review by the court. In
brief, the Governor initially signed what he thought was a 9-
year lease agreement with an option of renewal for an
additional 20 years plus. However, the legal counsel for the
local Senate noted that the proposed lease was actually for
ten years and, as such, local law requires the lease to be
approved by the local legislature. Consequently, the counsel
for the Senate filed suit in court challenging the validity
of the proposed lease. While the case was pending in court,
the Governors counsel re-drafted the lease agreement to make
sure the terms of the lease was for less than ten years so
that it did not require legislative approval. ASGs attorneys
petitioned the court to dismiss the Senates lawsuit but the
court denied the request so this matter is also pending.
While it was my hope that the McDonalds Corporation would
have interceded and resolved this situation more than a year
ago for no other reason than it was the right thing to do, I
would strongly urge you to take action now before this
situation brings unwanted embarrassment to the McDonalds
Corporation. I would also suggest that you direct your
Managing Director for McDonalds Australia to be more
responsive to the concerns of the people of American Samoa. I
am extremely disappointed that he did not even offer a
courtesy response to my letter of almost a year ago and I
consider his lack of interest in this issue to be
unprofessional and unbecoming of a corporate official of the
McDonalds Corporation.
Considering that this issue now involves the federal
government and based on documentation provided by NPS which I
am convinced is correct, I am trying my best to prevent a
confrontation between the McDonalds Corporation, ASG, and the
US Department of the Interior. For this reason, I am making a
final appeal to you and I am hopeful that at your earliest
convenience you will work to favorably resolve this matter
and support efforts to put an end to construction of a new
McDonalds at Utulei Beach Park.
The Congressman concluded his letter by saying, As I have
previously stated, the people of American Samoa will support
the construction of a new McDonalds in American Samoa at any
other location. We also applaud the many valuable
contributions McDonalds has made in American Samoa and wish
you continued success.