Construction of the new Fono building is in trouble with the Federal Emergency Management Agency.
FEMA says the construction of the foundation for the building which uses a perimeter foundation, instead of piles, are not permitted in a flood zone.
“This method of construction,” said FEMA’s Regional Administration Robert Fenton in an August 20 letter to Governor Lolo, “is a violation of both American Samoa’s own regulations for construction in a flood zone but could also result in American Samoa being suspended” from coverage under the Flood Disaster Protection Act, which provides funding for damages and losses from disasters.
Fenton wrote that American Samoa is a participating community in the National Flood Insurance Program (NFIP).
ASG adopted and agreed to enforce a floodplain management ordinance: the territory of American Samoa, Flood Plain Management regulations. 
He said it appears that ASG recently began construction on the new Fono Building on a site that is in a Flood Zone VE.
Fenton pointed out this is the highest risk flood zone, subject to damaging forces of high waves and high wind.
All new construction in the flood zone must be built using post and pier construction to elevate the lowest floor above the Base Flood Elevation (BFE) with no obstructions under the building.
The FEMA official declared that these regulatory requirements must be followed, and no exceptions or variances are allowed.
FEMA was informed that ASG’s original design for the Fono building called for an elevated structure on piles/piers with parking underneath which would have complied with the ASG Flood Plain Management Regulations. However the design was later modified to include a perimeter foundation and backfilled.
“Buildings using a perimeter foundation, fill or an elevated slab, are not permitted in the VE Zone. Therefore, the current construction will put ASG in violation of its own regulations and the requirement of the National Flood Insurance Program,” wrote Fenton.
“Failure to comply with the FPMR,” he warned, “may lead to suspension from the NFIP.”
Fenton added that the consequence of suspension are severe.
The Flood Disaster Protection Act prohibits non communities who are non participating from receiving any federal financial assistance or construction in the Special Flood Hazard Area.
This funding prohibition includes all federal agencies not just FEMA.
Fenton said ASG may have decided to modify the design of the new Fono building due to the high cost of construction. “However, increased construction costs are not likely to offset what the ASG stands to lose if it proceeds in the manner,” he informed the governor.
He reminded Lolo that after the 2009 tsunami and earthquake, FEMA provided ASG over $48 million for permanent repair and replacement of public buildings.
He said no such funding will be available from FEMA in the next declared disaster should American Samoa be suspended from the NFIP.
Similarly other federal agencies such as the Department of Interior would be prohibited from funding acquisition and construction projects in the Special Flood Hazard Area
It appears that ASG and DOI were made aware of the potential violation since May.
Fenton said FEMA had discussions with ASG’s Coastal Management Program flood plain administrator and the DOI Office of Insular Affairs in May to alert them to the potential construction violation and the consequences of NFIP suspension on all federal agency funding.
There was a follow up on June 1 with a letter offering FEMA’s support in ensuring the Fono building met floodplain management requirements.
On June 14 and August 8, FEMA received photographic evidence confirming the impermissible Zone VE construction had begun.
And FEMA was notified that on August 15, a groundbreaking ceremony was held at the site. Therefore FEMA saw a need to elevate the issue to the Governor.
Fenton said, “We hope that this letter encourages American Samoa to halt construction immediately and change the design of the Fono building to comply with the regulation.
“Otherwise FEMA will be forced to pursue suspension which would disqualify ASG from future federal assistance.”
The FEMA official gave ASG up to August 31 to give notification on what actions ASG is taking to remedy the situation.
The contractor for the new Fono building is Paramount Builders.
