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Second Appeal Summary
PA ID# 001-90100; Kalapana Gardens Community Association
DSR ID# 12501,11376,12502,11375,12503,11374; Project Completion Deadline
Citation: FEMA-0864-DR-HI; Kalapana Gardens Community Association
Cross Reference:Project Completion Deadline, Time Extension
Summary: On May 18, 1990, the President declared a major disaster due to damages from lava-flow from Kilauea Volcano in the County of Hawaii (FEMA-0864-DR-HI). The Kalapana Gardens Community Association (subgrantee) requested disaster assistance, and DSRs 11376, 11375, and 11374 were prepared to fund the restoration of damaged waterlines, roads, and a destroyed office building, respectively. In March 1994, FEMA agreed that the project completion period for this disaster would begin upon the close of the incident period. The incident period was closed on January 31, 1997. In February 1999, DSRs 12501, 12502, and 12503 were prepared to increase the funding approved in DSRs 11376, 11375, and 11374, respectively, to reflect current restoration costs for present site conditions. In May 27, 1999, FEMA extended the project completion deadline for the subgrantee's projects to January 31, 2001. The subgrantee has appealed this determination and has requested a time extension until May 1, 2002. The State supports a time extension beyond May 1, 2002.
Issues: Is there justification for FEMA to extend the project completion deadline to May 1, 2002, or beyond?
Findings: No. The subgrantee's request for a time extension is based on speculative circumstances that do not adequately support its request. Because of the ongoing lava-flow hazard along Kilauea Crater's east rift zone, neither the State nor the County is willing to reopen access roads to the former site of the Kalapana Gardens Community Association (KGCA) subdivision until the area is "stable." There is, therefore, considerable uncertainty concerning the subgrantee's ability to ever regain access to and use of the desired project site. Thus, there is little likelihood that the subgrantee will be able to start work in the near future or complete its project before May 1, 2002.
Rationale:44 CFR 206.204