Pago Pago, AMERICAN SAMOA — Gov. Lolo Matalasi Moliga will be sending out this week his official response to the US Federal Emergency Management Agency (FEMA), regarding concerns raised over the construction of the new Fono building, which the federal agency says does not comply with federal regulations.

FEMA Region IX Administrator, Robert J. Fenton’s concerns were raised in an Aug. 20th letter to Gov. Lolo Matalasi Moliga, who was asked to provide a response and corrective action no later than Aug. 31st.

However, Samoa News understands that Fenton’s letter wasn’t officially received by the Governor’s Office until Sept. 14th; and the Governor’s Office had informed Fono leaders — at the time — regarding issues raised in Fenton’s letter.

Responding to Samoa News inquires, the Governor’s executive assistant Iulogologo Joseph Pereira said Lolo has sent a letter acknowledging receipt of Fenton’s letter.

“Governor Lolo also requested time for the preparation of a detailed response, given the potential significant financial implication on the demands by FEMA relative to placing the building on piles,” he explained.

The governor had requested to submit his official response Sept. 30th, but it is expected to be sent this week.

FEMA LETTER

In his letter, Fenton said it appears that the construction of the new Fono building is on a site that is in a Flood Zone VE, which is the “highest-risk flood zone, subject to damaging forces of high waves and high wind.”

Citing federal regulations, Fenton explained that all new construction in this flood zone must be built using post and pier construction to elevate the lowest floor Base Floor Elevation (BFE), with no obstructions under the building.

“These regulatory requirements must be followed, and no exceptions or variances are allowed,” he said, and pointed out that American Samoa is a participating community in the National Flood Insurance Program (NFIP).

Additionally, ASG adopted and agreed to enforce a Floodplain Management Ordinance, which is the Territory of American Samoa, Floodplain Management Regulations (FPMR).

Fenton noted that FEMA was informed that ASG’s original Fono building design called “for an elevated structure on piles/ piers with parking underneath, which would have complied with the ASG FPMR.”

“However, the design was later modified to include a perimeter foundation and backfilled,” he continued, and explained that buildings using a perimeter foundation, fill, or an elevated slab, are not permitted in the VE Zone.

Therefore, he said, the current construction will put ASG in violation of its own FPMR and the requirements of the NFIP; and failure to comply with the FPMR may lead to suspension from the NFIP.

“The consequences of suspension are severe,” Fenton wrote to the governor.

He explained that the Flood Disaster Protection Act prohibits nonparticipating communities from receiving any federal financial assistance for acquisition or construction in the Special Flood Hazard Area (SFHA), and this funding prohibition includes all federal agencies, not just FEMA.

While ASG may have decided to modify the design of the new Fono building due to the high cost of construction, Fenton said “increased construction costs are not likely to offset what ASG stands to lose if it proceeds in this manner.”

For example, after the 2009 earthquake and tsunami, FEMA provided ASG over $48 million for permanent repair and replacement of public buildings within the SFHA, he said.

“No similar funding would be available from FEMA in the next [federally] declared disaster, should American Samoa be suspended form the NFIP,” he added, noting that other federal agencies such as the US Department of Interior would be prohibited from funding acquisition and construction projects in the SFHA.

Fenton’s letter revealed that the federal agency’s concern had been raised with ASG as early as May this year, when FEMA had discussions with the ASG Coastal Management Program floodplain administrator and USDOI Office of Insular Affairs “to alert them to the potential construction violation and consequences of NFIP suspension on all federal agency funding in the SFHA.”

Then on June 1st, FEMA followed up in writing offering its support in ensuring the Fono building meets floodplain management requirements. On June 14 and Aug. 18th “we received photographic evidence, confirming that impermissible Zone VE construction had begun” and on Aug. 15th a ground breaking ceremony was held at the construction site, Fenton said.

“Continuing construction in this manner will cause ASG to waste resources, jeopardize life and safety by constructing a fundamentally unsafe building and moreover, to lose out on potentially tens of millions of dollars of federal funding,” Fenton told the governor.

“It will also threaten the very continuity of ASG’s government, given that the Fono building houses the Legislative branch,” he said, adding that he hopes his letter encourages ASG to halt construction immediately and change the design of the Fono building to comply with FPMR and NFIP.

“Otherwise, FEMA will be forced to pursue suspension which would disqualify ASG from future federal assistance in the SFHA,” continued Fenton, who then requested the governor to provide no later than Aug. 31st, actions ASG is taking to remedy the situation.

CONSTRUCTION WORK

Contractor for the construction phase of the project is Paramount Builders Inc.

And it was more than a week ago, that some lawmakers observed that it had been a few days and no work was being carried out at the site — no construction crew or machinery. It was announced during the Senate session at the time that construction was put on hold based on a FEMA request while discussions are ongoing between FEMA and ASG.