Airport Improvement Program Grant Assurances; Proposed Modifications and Opportunity To Comment

Federal RegisterJun 2, 1997

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Airport Improvement Program Grant Assurances; Proposed

Modifications and Opportunity To Comment

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed modification of airport improvement program

grant assurances and of opportunity to comment.

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SUMMARY: The FAA proposes to modify the standard grant assurances

required of a sponsor before receiving a grant under the Airport

Improvement Program (AIP). Pursuant to applicable law, the Secretary of

Transportation is required to provide notice in the Federal Register

and an opportunity for the public to comment upon proposals to modify

the assurances or to require any additional AIP assurances.

These modifications are necessary for two reasons. First, much of

Federal transportation law was repealed and reenacted without

substantive change by enactment of the Codification of Certain U.S.

Transportation Laws as Title 49, United States Code, Public Law 103-

272, 108 Stat. 745 (July 5, 1994). Aviation programs, including the

AIP, are now found in Subtitle VII of Title 49, rather than the

original statutes under which those programs were originally

established. Consequently, statutory citations in the existing grant

assurances are now obsolete and the modifications published here cite

current law. Second, Public Law 103-272 was amended by enactment of the

Federal Aviation Administration Reauthorization Act of 1996, Public Law

104-264 (October 9, 1996) (The 1996 Act), which made substantive

changes to the statutory grant assurances. The modifications to the

grant assurances also incorporate those changes. For ease of reading,

Title 49, Subtitle VII, as amended by the 1996 Act will be cited

throughout the remainder of this notice as Title 49, U.S.C., as

amended. In the actual assurance, however, the reference further

specifies Subtitle VII.

DATES: These proposed modifications to the Grant Assurances will be

effective on an interim basis on the date of publication in the Federal

revision to the interim assurances which are necessary or appropriate

in response to comments received will be adopted on or before 60 days

after the close of the comment period.

ADDRESSES: Comments may be delivered or mailed to the FAA, Airports

Financial Assistance Division, APP-500, Room 619, 800 Independence

Ave., SW., Washington, DC 20591.

FOR FURTHER INFORMATION CONTACT: Mr. James Borsari (Management and

Program Analyst) Telephone (202) 267-8822.

SUPPLEMENTARY INFORMATION: The Secretary must receive certain

assurances from a sponsor (applicant) seeking financial assistance for

airport planning, airport development, noise compatibility planning or

noise mitigation under Title 49, U.S.C., as amended. These assurances

are submitted as part of a sponsor's application for Federal assistance

and are incorporated into all grant agreements. As need dictates, these

assurances are modified from time to time to reflect new Federal

requirements. Notice of such proposed modifications is published in the

Federal Register and an opportunity provided for comment by the public.

The current assurances were published on February 3, 1988, at 53 FR

3104 and amended on September 6, 1988, at 53 FR 34361, on August 29,

1989, at 54 FR 35748 on June 10, 1994 at 59 FR 30076, and on January 5,

1995, at 60 FR 521.

FAA uses three separate sets of standard assurances: Airport

Sponsors (owners/operators) (Appendix 1); Planning Agency Sponsors

(Appendix 2); and Nonairport Sponsors Undertaking Noise Compatibility

Program Projects (hereinafter referred to as Nonairport Sponsor

Assurances) (Appendix 3). FAA is planning to modify the assurances

currently in effect to reflect the necessary changes. The changes

contained in this paragraph affect all three sets of assurances.

Section C, subsection 1, ``General Federal Requirements, Federal

Regulations'' is amended in each set of assurances to add references to

14 CFR part 13--Investigative and Enforcement Procedure, and 14 CFR

Part 16--Rules of Practice for Federally Assisted Airport Enforcement

Proceedings.

The following changes affect only Appendix 1, Airport Sponsors

assurances:

(a) Under Section C. Sponsor Certification, Item 1, General Federal

Requirements, the citations to the following Federal Legislation are

included:

1. Native American Grave Repatriation Act--25 U.S.C. Section 3001,

et seq.

2. Clean Air Act, Public Law 90-148, as amended.

3. Coastal Zone Management Act, Public Law 93-205.

4. Title 49 U.S.C., Section 303, (formerly known as Section 4(f)).

5. American Indian Religious Freedom Act, Public Law 95-341, as

amended.

6. Wild and Scenic Rivers Act, Public Law 90-542, as amended.

(b) Under the section Federal Legislation, reference to the

Endangered Species Act--16 U.S.C. 668(a), et seq. is deleted. The

airport sponsor must comply with the law irrespective of a receipt of

federal funds.

Requirements:

1. Executive Order 11990--Protection of Wetlands

2. Executive Order 11998--FloodPlain Management

3. Executive Order 12898--Environmental Justice

(d) The Federal Regulations are reclassified according to title.

(e) In Assurance 12, the reference to section 612 of the Federal

Aviation Act of 1958 has been changed to section 44706 of Title 49,

United States Code, to reflect the recodification of certain

transportation laws. The words ``public airport'' has been deleted. The

words ``public use airport as defined in Title 49'' has been added.

(f) In Assurance 19, the first sentence of subparagraph a. has been

moved to

[[Page 29762]]

the end of subparagraph a. to improve clarity.

(g) In Assurance 19, subparagraph a., second paragraph, the words

``at all times'' are deleted.

(h) In Assurance 22, subparagraph a., to improve clarity, the words

``any person, firm, or corporation to conduct or engage in any

aeronautical activity for furnishing services to the public at the

airport'' replaces the words ``all types, kinds and classes of

aeronautical use.''

(i) In Assurance 22, subparagraphs a., the words ``fair and'' are

deleted. The word ``fair'' is also deleted in subparagraphs b.(1), and

b.(2). Although the word ``fair'' appeared in the Airport and Airway

Improvement Act of 1982, as amended, ``fair'' is deleted to bring the

assurance more into conformity with the Title 49 recodification.

(j) In Assurance 22, subparagraph c, the words ``at any airport

owned by the sponsor'' are replaced with the words ``at the airport''

to conform with the statute.

(k) In Assurance 22, subparagraph g, the words ``contractors or

concessionaire of'' are replaced with the words ``commercial

aeronautical service providers authorized by'' for clarity.

(l) In Assurance 22, subparagraph h, the words ``fair, equal'' are

deleted since they have no statutory basis.

(m) In Assurance 24, the words ``consistent with Assurance 22 and

23'' are deleted since they are unnecessary. Further the words ``being

provided'' and the word ``users'' are deleted. In place of ``being

provided'' the word ``at'' was inserted.

(n) In assurance 25, now labeled, subparagraph a, the words ``which

are'' are inserted before ``directly and substantially related''.

(o) In assurance 25, now labeled subparagraph a, the first phrase

``If the airport is under the control of a public agency,'' is deleted

to comply with section 804 of the 1996 Act. This assurance will

implement both section 47107(b) and new section 47133 of Title 49,

United States Code.

(p) In Assurance 25, subparagraphs b. and c. are new paragraphs in

compliance with sections 804 and 805 of the 1996 Act. The new

subparagraphs concern changes in procedures concerning single audits

and civil penalties due to the 1996 Act.

(q) In Assurance 26, subparagraphs a and b have been combined into

subparagraph a.

(r) In Assurance 26, subparagraphs c and d have been renamed

subparagraphs b and c respectively.

(s) In Assurance 26, subparagraph e is renamed subparagraph d.

After the word ``format'', the words, ``and time'' are inserted. The

phrases ``not later than 60 days'' after the word ``public'' and

``ending after March 1, 1995'' after the word ``years'' are deleted.

(t) In Assurance 27, the words ``to the United States'' are moved

to begin after the opening phrase ``It will make available.''

(u) Assurance 36 is a new assurance required by section 143 of the

1996 Act and codified as section 47107(a)(20) of Title 49, United

States Code.

The following changes affect only Appendix 2, Planning Agency

Sponsor assurances:

(a) The Federal Regulations are reclassified according to title.

The following changes affect only Appendix 3 Nonairport Sponsor

assurances:

(a) Under Section C. Sponsor Certification, Item 1, General Federal

Requirements, the citations to the following Federal Legislation are

included:

1. Native American Grave Repatriation Act--25 U.S.C. 3001, et seq.

2. Clean Air Act, Public Law 90-148, as amended.

3. Coastal Zone Management Act, Public Law 93-205.

4. Title 49 U.S.C., Section 303, (formerly known as Section 4(f)).

5. American Indian Religious Freedom Act, Public Law 95-341, as

amended.

6. Wild and Scenic Rivers Act, Public Law 90-542, as amended.

(b) Under the section on Federal Legislation, reference to the

Endangered Species Act--16 U.S.C. 688(a), et seq. is deleted. The

airport sponsor must comply with the law irrespective of a receipt of

federal funds.

Requirements:

1. Executive Order 11990--Protection of Wetlands

2. Executive Order 11998--Flood Plain Management

3. Executive Order 12898--Environmental Justice

(d) The Federal Regulations are reclassified according to title.

These assurances are issued pursuant to the authority of Title 49,

United States Code.

Issued in Washington, DC on May 23, 1997.

Paul L. Galis,

Director, Office of Airport Planning and Programming.

Appendix 1--Assurances

Airport Sponsors

A. General

1. These assurances shall be complied with in the performance of

grant agreements for airport development, airport planning, and noise

compatibility program grants for airport sponsors.

2. These assurances are required to be submitted as part of the

project application by sponsors requesting funds under the provisions

of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term

``public agency sponsor'' means a public agency with control of a

public-use airport; the term ``private sponsor'' means a private owner

of a public-use airport; and the term ``sponsor'' includes both public

agency sponsors and private sponsors.

3. Upon acceptance of the grant offer by the sponsor, these

assurances are incorporated in and become part of the grant agreement.

B. Duration and Applicability

1. Airport Development or Noise Compatibility Program Projects

Undertaken by a Public Agency Sponsor

The terms, conditions and assurances of the grant agreement shall

remain in full force and effect throughout the useful life of the

facilities developed or equipment acquired for an airport development

or noise compatibility program project, or throughout the useful life

of the project items installed within a facility under a noise

compatibility program project, but in any event not to exceed twenty

(20) years from the date of acceptance of a grant offer of Federal

funds for the project. However, there shall be no limit on the duration

of the assurance against exclusive rights or the terms, conditions and

assurances with respect to real property acquired with Federal funds.

Furthermore, the duration of the Civil Rights assurance shall be

specified in the assurances.

2. Airport Development or Noise Compatibility Projects Undertaken by a

Private Sponsor

The preceding paragraph 1 also applies to a private sponsor except

that the useful life of project items installed within a facility or

the useful life of the facilities developed or equipment acquired under

an airport development or noise compatibility program project

[[Page 29763]]

shall be no less than ten (10) years from the date of acceptance of

Federal aid for the project.

3. Airport Planning Undertaken by a Sponsor

Unless otherwise specified in the grant agreement, only Assurances

1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to

planning projects. The terms, conditions, and assurances of the grant

agreements shall remain in full force and effect during the life of the

project.

C. Sponsor Certification

The sponsor hereby assures and certifies, with respect to this

grant that:

1. General Federal Requirements

It will comply with all applicable Federal laws, regulations,

executive orders, policies, guidelines, and requirements as they relate

to the application, acceptance and use of Federal funds for this

project including but not limited to the following:

Federal Legislation

a. Title 49, U.S.C., subtitle VII, as amended.

b. Davis-Bacon Act--40 U.S.C. 276(a) et seq.\1\

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\1\ These laws do not apply to airport planning sponsors.

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c. Federal Fair Labor Standards Act--29 U.S.C. 201, et seq.

d. Hatch Act--5 U.S.C. 1501, et seq.\2\

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\2\ These laws do not apply to private sponsors.

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e. Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970 Title 42 U.S.C. 4601, et seq.\1\ \2\

f. National Historic Preservation Act of 1966--Section 106--16

U.S.C. 470(f).\1\

g. Archaeological and Historic Preservation Act of 1974--16 U.S.C.

469 through 469c.\1\

h. Native Americans Grave Repatriation Act--25 U.S.C. Section 3001,

et seq.

i. Clean Air Act, Public Law 90-148, as amended.

j. Coastal Zone Management Act, Public Law 93-205, as amended.

k. Flood Disaster Protection Act of 1973--Section 102(a)--42 U.S.C.

4012a.\1\

l. Title 49, U.S.C., Section 303 (formerly known as Section 4(f)).

m. Rehabilitation Act of 1973--29 U.S.C. 794.

n. Civil Rights Act of 1964--Title VI--42 U.S.C. 2000d through d-4.

o. Age Discrimination Act of 1975--42 U.S.C. 6101, et seq.

p. American Indian Religious Freedom Act, Public Law 95-341, as

amended.

q. Architectural Barriers Act of 1968--42 U.S.C. 4151, et seq.\1\

r. Powerplant and Industrial Fuel Use Act of 1978--Section 403-2

U.S.C. 8373.\1\

s. Contract Work Hours and Safety Standards Act--40 U.S.C. 327, et

seq.\1\

t. Copeland Antikickback Act--18 U.S.C. 874.\1\

u. National Environmental Policy Act of 1969--42 U.S.C. 4321, et

seq.\1\

v. Wild and Scenic Rivers Act, Public Law 90-542, as amended.

w. Single Audit Act of 1984--31 U.S.C. 7501, et seq.\2\

x. Drug-Free Workplace Act of 1988--41 U.S.C. 702 through 706.

Executive Orders

Executive Order 11246--Equal Employment Opportunity \1\

Executive Order 11990--Protection of Wetlands

Executive Order 11998--FloodPlain Management

Executive Order 12372--Intergovernmental Review of Federal Programs.

Executive Order 12699--Seismic Safety of Federal and Federally Assisted

New Building Construction \1\

Executive Order 12898--Environmental Justice

Federal Regulations

a. 14 CFR Part 13--Investigative and Enforcement Procedures.

b. 14 CFR Part 16--Rules of Practice For Federally Assisted Airport

Enforcement Proceedings.

c. 14 CFR Part 150--Airport noise compatibility planning.

d. 29 CFR Part 1--Procedures for predetermination of wage rates.\1\

e. 29 CFR Part 3--Contractors and subcontractors on public building

or public work financed in whole or part by loans or grants from the

United States.\1\

f. 29 CFR Part 5--Labor standards provisions applicable to

contracts covering federally financed and assisted construction (also

labor standards provisions applicable to nonconstruction contracts

subject to the Contract Work Hours and Safety Standards Act). \1\

g. 41 CFR Part 60--Office of Federal Contract Compliance Programs,

Equal Employment Opportunity, Department of Labor (Federal and

federally assisted contracting requirements).\1\

h. 49 CFR Part 18--Uniform administrative requirements for grants

and cooperative agreements to state and local governments.\3\

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\3\ 49 CFR Part 18 and OMB Circular A-87 contain requirements

for State and Local Governments receiving Federal Assistance. Any

requirement levied upon State and Local Governments by this

regulation and circular shall also be applicable to private sponsors

receiving Federal assistance under Title 49, United States Code.

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i. 49 CFR Part 20--New restrictions on lobbying.

j. 49 CFR Part 21--Nondiscrimination in federally-assisted programs

of the Department of Transportation--effectuation of Title VI of the

Civil Rights Act of 1964.

k. 49 CFR Part 23--Participation by minority business enterprise in

Department of Transportation programs.

l. 49 CFR Part 24--Uniform relocation assistance and real property

acquisition for Federal and federally assisted programs.\1\ \2\

m. 49 CFR Part 27--Nondiscrimination on the basis of handicap in

programs and activities receiving or benefiting from Federal financial

assistance.\1\

n. 49 CFR Part 29--Governmentwide debarment and suspension

(nonprocurement) and governmentwide requirements for drug-free

workplace (grants).

o. 49 CFR Part 30--Denial of public works contracts to suppliers of

goods and services of countries that deny procurement market access to

U.S. contractors..

p. 49 CFR Part 41--Seismic safety of Federal and federally assisted

or regulated new building construction.\1\

Office of Management and Budget Circulars

a. A-87--Cost Principles Applicable to Grants and Contracts with

State and Local Governments.

b. A-128--Audits of State and Local Governments.

Specific assurances required to be included in grant agreements by

any of the above laws, regulations or circulars are incorporated by

reference in the grant agreement.

2. Responsibility and Authority of the Sponsor

a. Public Agency Sponsor: It has legal authority to apply for the

grant, and to finance and carry out the proposed project; that a

resolution, motion or similar action has been duly adopted or passed as

an official act of the applicant's governing body authorizing the

filing of the application, including all understandings and assurances

contained therein, and directing and authorizing the person identified

as the official representative of the applicant to act in connection

with the application and to provide such additional information as may

be required.

[[Page 29764]]

b. Private Sponsor: It has legal authority to apply for the grant

and to finance and carry out the proposed project and comply with all

terms, conditions, and assurances of this grant agreement. It shall

designate an official representative and shall in writing direct and

authorize that person to file this application, including all

understandings and assurances contained therein; to act in connection

with this application; and to provide such additional information as

may be required.

3. Sponsor Fund Availability

It has sufficient funds available for that portion of the project

costs which are not to be paid by the United States. It has sufficient

funds available to assure operation and maintenance of items funded

under the grant agreement which it will own or control.

4. Good Title

a. It holds good title, satisfactory to the Secretary, to the

landing area of the airport or site thereof, or will give assurance

satisfactory to the Secretary that good title will be acquired.

b. For noise compatibility program projects to be carried out on

the property of the sponsor, it holds good title satisfactory to the

Secretary to that portion of the property upon which Federal funds will

be expended or will give assurance to the Secretary that good title

will be obtained.

5. Preserving Rights and Powers

a. It will not take or permit any action which would operate to

deprive it of any of the rights and powers necessary to perform any or

all of the terms, conditions, and assurances in the grant agreement

without the written approval of the Secretary, and will act promptly to

acquire, extinguish or modify any outstanding rights or claims of right

of others which would interfere with such performance by the sponsor.

This shall be done in a manner acceptable to the Secretary.

b. It will not sell, lease, encumber, or otherwise transfer or

dispose of any part of its title or other interests in the property

shown on Exhibit A to this application or, for a noise compatibility

program project, that portion of the property upon which Federal funds

have been expended, for the duration of the terms, conditions, and

assurances in the grant agreement without approval by the Secretary. If

the transferee is found by the Secretary to be eligible under Title 49,

United States Code, to assume the obligations of the grant agreement

and to have the power, authority, and financial resources to carry out

all such obligations, the sponsor shall insert in the contract or

document transferring or disposing of the sponsor's interest, and make

binding upon the transferee all of the terms, conditions, and

assurances contained in this grant agreement.

c. For all noise compatibility program projects which are to be

carried out by another unit of local government or are on property

owned by a unit of local government other than the sponsor, it will

enter into an agreement with that government. Except as otherwise

specified by the Secretary, that agreement shall obligate that

government to the same terms, conditions, and assurances that would be

applicable to it if it applied directly to the FAA for a grant to

undertake the noise compatibility program project. That agreement and

changes thereto must be satisfactory to the Secretary. It will take

steps to enforce this agreement against the local government if there

is substantial non-compliance with the terms of the agreement.

d. For noise compatibility program projects to be carried out on

privately owned property, it will enter into an agreement with the

owner of that property which includes provisions specified by the

Secretary. It will take steps to enforce this agreement against the

property owner whenever there is substantial non-compliance with the

terms of the agreement.

e. If the sponsor is a private sponsor, it will take steps

satisfactory to the Secretary to ensure that the airport will continue

to function as a public-use airport in accordance with these assurances

for the duration of these assurances.

f. If an arrangement is made for management and operation of the

airport by any agency or person other than the sponsor or an employee

of the sponsor, the sponsor will reserve sufficient rights and

authority to insure that the airport will be operated and maintained in

accordance with Title 49, United States Code, the regulations and the

terms, conditions and assurances in the grant agreement and shall

insure that such arrangement also requires compliance therewith.

6. Consistency With Local Plans

The project is reasonably consistent with plans (existing at the

time of submission of this application) of public agencies that are

authorized by the State in which the project is located to plan for the

development of the area surrounding the airport. For noise

compatibility program projects, other than land acquisition, to be

carried out on property not owned by the airport and over which

property another agency has land use control or authority, the sponsor

shall obtain from each such agency a written declaration that such

agency supports that project and the project is reasonably consistent

with the agency's plans regarding the property.

7. Consideration of Local Interest

It has given fair consideration to the interest of communities in

or near where the project may be located.

8. Consultation With Users

In making a decision to undertake any airport development project

under Title 49, United States Code, it has undertaken reasonable

consultations with affected parties using the airport at which project

is proposed.

9. Public Hearings

In projects involving the location of an airport, an airport

runway, or a major runway extension, it has afforded the opportunity

for public hearings for the purpose of considering the economic,

social, and environmental effects of the airport or runway location and

its consistency with goals and objectives of such planning as has been

carried out by the community and it shall, when requested by the

Secretary, submit a copy of the transcript of such hearings to the

Secretary. Further, for such projects, it has on its management board

either voting representation from the communities where the project is

located or has advised the communities that they have the right to

petition the Secretary concerning a proposed project.

10. Air and Water Quality Standards

In projects involving airport location, a major runway extension,

or runway location it will provide for the Governor of the state in

which the project is located to certify in writing to the Secretary

that the project will be located, designed, constructed, and operated

so as to comply with applicable air and water quality standards. In any

case where such standards have not been approved and where applicable

air and water quality standards have been promulgated by the

Administrator of the Environmental Protection Agency, certification

shall be obtained from such Administrator. Notice of certification or

refusal to certify shall be provided within sixty days after the

project application has been received by the Secretary.

11. Pavement Preventive Maintenance

With respect to a project approved after January 1, 1995, for the

replacement or reconstruction of pavement at the airport, it assures or

[[Page 29765]]

certifies that it has implemented an effective airport pavement

maintenance-management program and it assures that it will use such

program for the useful life of any pavement constructed, reconstructed

or repaired with Federal financial assistance at the airport. It will

provide such reports on pavement condition and pavement management

programs as the Secretary determines may be useful.

12. Terminal Development Prerequisites

For projects which include terminal development at a public use

airport, as defined in Title 49, it has, on the date of submittal of

the project grant application, all the safety equipment required for

certification of such airport under section 44706 of Title 49, United

States Code, and all the security equipment required by rule or

regulation, and has provided for access to the passenger enplaning and

deplaning area of such airport to passengers enplaning and deplaning

from aircraft other than air carrier aircraft.

13. Accounting System, Audit, and Recordkeeping Requirements

a. It shall keep all project accounts and records which fully

disclose the amount and disposition by the recipient of the proceeds of

the grant, the total cost of the project in connection with which the

grant is given or used, and the amount or nature of that portion of the

cost of the project supplied by other sources, and such other financial

records pertinent to the project. The accounts and records shall be

kept in accordance with an accounting system that will facilitate an

effective audit in accordance with the Single Audit Act of 1984.

b. It shall make available to the Secretary and the Comptroller

General of the United States, or any of their duly authorized

representatives, for the purpose of audit and examination, any books,

documents, papers, and records of the recipient that are pertinent to

the grant. The Secretary may require that an appropriate audit be

conducted by a recipient. In any case in which an independent audit is

made of the accounts of a sponsor relating to the disposition of the

proceeds of a grant or relating to the project in connection with which

the grant was given or used, it shall file a certified copy of such

audit with the Comptroller General of the United States not later than

six (6) months following the close of the fiscal year for which the

audit was made.

14. Minimum Wage Rates

It shall include, in all contracts in excess of $2,000 for work on

any projects funded under the grant agreement which involve labor,

provisions establishing minimum rates of wages, to be predetermined by

the Secretary of Labor, in accordance with the Davis-Bacon Act, as

amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled

and unskilled labor, and such minimum rates shall be stated in the

invitation for bids and shall be included in proposals or bids for the

work.

15. Veteran's Preference

It shall include in all contracts for work on any project funded

under the grant agreement which involve labor, such provisions as are

necessary to insure that, in the employment of labor (except in

executive, administrative, and supervisory positions), preference shall

be given to Veterans of the Vietnam era and disabled veterans as

defined in Section 47112 of Title 49, United States Code. However, this

preference shall apply only where the individuals are available and

qualified to perform the work to which the employment relates.

16. Conformity to Plans and Specifications

It will execute the project subject to plans, specifications, and

schedules approved by the Secretary. Such plans, specifications, and

schedules shall be submitted to the Secretary prior to commencement of

site preparation, construction, or other performance under this grant

agreement, and, upon approval of the Secretary, shall be incorporated

into this grant agreement. Any modification to the approved plans,

specifications, and schedules shall also be subject to approval of the

Secretary, and incorporated into the grant agreement.

17. Construction Inspection and Approval

It will provide and maintain competent technical supervision at the

construction site throughout the project to assure that the work

conforms to the plans, specifications, and schedules approved by the

Secretary for the project. It shall subject the construction work on

any project contained in an approved project application to inspection

and approval by the Secretary and such work shall be in accordance with

regulations and procedures prescribed by the Secretary. Such

regulations and procedures shall require such cost and progress

reporting by the sponsor or sponsors of such project as the Secretary

shall deem necessary.

18. Planning Projects

In carrying out planning projects:

a. It will execute the project in accordance with the approved

program narrative contained in the project application or with the

modifications similarly approved.

b. It will furnish the Secretary with such periodic reports as

required pertaining to the planning project and planning work

activities.

c. It will include in all published material prepared in connection

with the planning project a notice that the material was prepared under

a grant provided by the United States.

d. It will make such material available for examination by the

public, and agrees that no material prepared with funds under this

project shall be subject to copyright in the United States or any other

country.

e. It will give the Secretary unrestricted authority to publish,

disclose, distribute, and otherwise use any of the material prepared in

connection with this grant.

f. It will grant the Secretary the right to disapprove the

sponsor's employment of specific consultants and their subcontractors

to do all or any part of this project as well as the right to

disapprove the proposed scope and cost of professional services.

g. It will grant the Secretary the right to disapprove the use of

the sponsor's employees to do all or any part of the project.

h. It understands and agrees that the Secretary's approval of this

project grant or the Secretary's approval of any planning material

developed as part of this grant does not constitute or imply any

assurance or commitment on the part of the Secretary to approve any

pending or future application for a Federal airport grant.

19. Operation and Maintenance

a. The airport and all facilities which are necessary to serve the

aeronautical users of the airport, other than facilities owned or

controlled by the United States, shall be operated at all times in a

safe and serviceable condition and in accordance with the minimum

standards as may be required or prescribed by applicable Federal,

state, and local agencies for maintenance and operation. It will not

cause or permit any activity or action thereon which would interfere

with its use for airport purposes. It will suitably operate and

maintain the airport and all facilities thereon or connected therewith,

with due regard to climatic and flood

[[Page 29766]]

conditions. Any proposal to temporarily close the airport for

nonaeronautical purposes must first be approved by the Secretary. In

furtherance of this assurance, the sponsor will have in effect

arrangements for--

(1) Operating the airport's aeronautical facilities whenever

required;

(2) Promptly marking and lighting hazards resulting from airport

conditions, including temporary conditions; and

(3) Promptly notifying airmen of any condition affecting

aeronautical use of the airport.

Nothing contained herein shall be construed to require that the

airport be operated for aeronautical use during temporary periods when

snow, flood or other climatic conditions interfere with such operation

and maintenance. Further, nothing herein shall be construed as

requiring the maintenance, repair, restoration, or replacement of any

structure or facility which is substantially damaged or destroyed due

to an act of God or other condition or circumstance beyond the control

of the sponsor.

b. It will suitably operate and maintain noise compatibility

program items that it owns or controls upon which Federal funds have

been expended.

20. Hazard Removal and Mitigation

It will take appropriate action to assure that such terminal

airspace as is required to protect instrument and visual operations to

the airport (including established minimum flight altitudes) will be

adequately cleared and protected by removing, lowering, relocating,

marking, or lighting or otherwise mitigating existing airport hazards

and by preventing the establishment or creation of future airports

hazards.

21. Compatible Land Use

It will take appropriate action, including the adoption of zoning

laws, to the extent reasonable, to restrict the use of land adjacent to

or in the immediate vicinity of the airport to activities and purposes

compatible with normal airport operations, including landing and

takeoff or aircraft. In addition, if the project is for noise

compatibility program implementation, it will not cause or permit any

change in land use, within its jurisdiction, that will reduce its

compatibility, with respect to the airport, of the noise compatibility

program measures upon which Federal funds have been expended.

22. Economic Nondiscrimination

a. It will make its airport available as an airport for public use

on reasonable terms and without unjust discrimination, to any person,

firm, or corporation to conduct or to engage in any aeronautical

activity for furnishing services to the public at the airport.

b. In any agreement, contract, lease, or other arrangement under

which a right or privilege at the airport is granted to any person,

firm, or corporation to conduct or to engage in any aeronautical

activity for furnishing services to the public at the airport, the

sponsor will insert and enforce provisions requiring the contractor

to--

(1) furnish said services on a reasonable, and not unjustly

discriminatory, basis to all users thereof, and

(2) charge reasonable, and not justly discriminatory, prices for

each unit or service, provided that the contractor may be allowed to

make reasonable and nondiscriminatory discounts, rebates, or other

similar types of price reductions to volume purchasers.

c. Each fixed-based operator at the airport shall be subject to the

same rates, fees, rentals, and charges as are uniformly applicable to

all other fixed-based operators making the same or similar uses of such

airport and utilizing the same or similar facilities.

d. Each air carrier using such airport shall have the right to

service itself or to use any fixed-based operator that is authorized or

permitted by the airport to serve any air carrier at such airport.

e. Each air carrier using such airport (whether as a tenant,

nontenant, or subtenant of another air carrier tenant) shall be subject

to such nondiscriminatory and substantially comparable rules,

regulations, conditions, rates fees, rentals, and other charges with

respect to facilities directly and substantially related to providing

air transportation as are applicable to all such air carriers which

make similar use of such airport and utilize similar facilities,

subject to reasonable classifications such as tenants or nontenants and

signatory carriers and nonsignatory carriers. Classification or status

as tenant or signatory shall not be unreasonably withheld by any

airport provided an air carrier assumes obligations substantially

similar to those already imposed on air carriers in such classification

or status.

f. It will not exercise or grant any right or privilege which

operates to prevent any person, firm, or corporation operating aircraft

on the airport; from performing any services on its own aircraft with

its own employees (including, but not limited to maintenance, repair,

and fueling) that it may choose to perform.

g. In the event the sponsor itself exercises any of the rights and

privileges referred to in this assurance, the services involving will

be provided on the same conditions as would apply to the furnishing of

such services by commercial aeronautical service providers authorized

by the sponsor under these provisions.

h. The sponsor may establish such reasonable, and not unjustly

discriminatory, conditions to be met by all users of the airport as may

be necessary for the safe and efficient operation of the airport.

i. The sponsor may prohibit or limit any given type, kind or class

of aeronautical use of the airport if such action is necessary for the

safe operation of the airport or necessary to serve the civil aviation

needs of the public.

23. Exclusive Rights

It will permit no exclusive right for the use of the airport by any

person providing, or intending to provide, aeronautical services to the

public. For purposes of this paragraph, the providing of the services

at an airport by a single fixed-based operator shall not be construed

as an exclusive right if both of the following apply:

a. It would be unreasonably costly, burdensome, or impractical for

more than one fixed-based operator to provide such services, and

b. If allowing more than one fixed-based operator to provide such

services would require the reduction of space leased pursuant to an

existing agreement between such single fixed-based operator and such

airport.

It further agrees that it will not, either directly or indirectly,

grant or permit any person, firm, or corporation, the exclusive right

at the airport to conduct any aeronautical activities, including, but

not limited to charter flights, pilot training, aircraft rental and

sightseeing, aerial photography, crop dusting, aerial advertising and

surveying, air carrier operations, aircraft sales and services, sale of

aviation petroleum products whether or not conducted in conjunction

with other aeronautical activity, repair and maintenance of aircraft,

parts, and any other activities sale of aircraft which because of their

direct relationship to the operation of aircraft can be regarded as an

aeronautical activity, and that it will terminate any exclusive right

to conduct an aeronautical activity now existing at such an airport

before the grant of any assistance under Title 49, United States Code.

[[Page 29767]]

24. Fee and Rental Structure

It will maintain a fee and rental structure for the facilities and

services at the airport which will make the airport as self-sustaining

as possible under the circumstances existing at the particular airport,

taking into account such factors as the volume of traffic and economy

of collection. No part of the Federal share of an airport development,

airport planning or noise compatibility project for which a grant is

made under Title 49, United States Code, the Airport and Airway

Improvement Act of 1982, the Federal Airport Act or the Airport and

Airway Development Act of 1970 shall be included in the rate basis in

establishing fees, rates, and charges for users of that airport.

25. Airport Revenues

a. All revenues generated by the airport and any local taxes on

aviation fuel established after December 30, 1987, will be expended by

it for the capital or operating costs of the airport; the local airport

system; or other local facilities which are owned or operated by the

owner or operator of the airport and which are directly and

substantially related to the actual air transportation of passengers or

property; or for noise mitigation purposes on or off the airport.

Provided, however, that if covenants or assurances in debt obligations

issued before September 3, 1982, by the owner or operator of the

airport, or provisions enacted before September 3, 1982, in governing

statutes controlling the owner or operator's financing, provide for the

use of the revenues from any of the airport owner or operator's

facilities, including the airport, to support not only the airport but

also the airport owner or operator's general debt obligations or other

facilities, then this limitation on the use of all revenues generated

by the airport (and, in the case of a public airport, local taxes on

aviation fuel) shall not apply.

b. As part of the annual audit required under the Single Audit Act

of 1984, the sponsor will direct that the audit will review, and the

resulting audit report will provide an opinion concerning, the use of

airport revenue and taxes in paragraph (a), and indicating whether

funds paid or transferred to the owner or operator are paid or

transferred in a manner consistent with Title 49, United States Code

and any other applicable provision of law, including any regulation

promulgated by the Secretary or Administrator.

c. Any civil penalties or other sanctions will be imposed for

violation of this assurance in accordance with the provisions of

Section 47107 of Title 49, United States Code.

26. Reports and Inspections

It will:

a. submit to the Secretary such annual or special financial and

operations reports as the Secretary may reasonably request and make

such reports available to the public; make available to the public at

reasonable times and places a report of the airport budget in a format

prescribed by the Secretary;

b. for airport development projects, make the airport and all

airport records and documents affecting the airport, including deeds,

leases, operation and use agreements, regulations and other

instruments, available for inspection by any duly authorized agent of

the Secretary upon reasonable request;

c. for noise compatibility program projects, make records and

documents relating to the project and continued compliance with the

terms, conditions, and assurances of the grant agreement including

deeds, leases, agreements, regulations, and other instruments,

available for inspection by any duly authorized agent of the Secretary

upon reasonable request; and

d. in a format and time prescribed by the Secretary, provide to the

Secretary and make available to the public following each of its fiscal

years, an annual report listing in detail:

(i) all amounts paid by the airport to any other unit of government

and the purposes for which each such payment was made; and

(ii) all services and property provided by the airport to other

units of government and the amount of compensation received for

provision of each such service and property.

27. Use by Government Aircraft

It will make available all of the facilities of the airport

developed with Federal financial assistance and all those usable for

landing and takeoff of aircraft to the United States for use by

Government aircraft in common with other aircraft at all times without

charge, except, if the use by Government aircraft is substantial,

charge may be made for a reasonable share, proportional to such use,

for the cost of operating and maintaining the facilities used. Unless

otherwise determined by the Secretary, or otherwise agreed to by the

sponsor and the using agency, substantial use of an airport by

Government aircraft will be considered to exist when operations of such

aircraft are in excess of those which, in the opinion of the Secretary,

would unduly interfere with use of the landing areas by other

authorized aircraft, or during any calendar month that--

a. Five (5) or more Government aircraft are regularly based at the

airport or on land adjacent thereto; or

b. The total number of movements (counting each landing as a

movement) of Government aircraft is 300 or more, or the gross

accumulative weight of Government aircraft using the airport (the total

movement of Government aircraft multiplied by gross weights of such

aircraft) is in excess of five million pounds.

28. Land for Federal Facilities

It will furnish without cost to the Federal Government for use in

connection with any air traffic control or air navigation activities,

or weather-reporting and communication activities related to air

traffic control, any areas of land or water, or estate therein, or

rights in buildings of the sponsor as the Secretary considers necessary

or desirable for construction, operation, and maintenance at Federal

expense of space or facilities for such purposes. Such areas or any

portion thereof will be made available as provided herein within four

months after receipt of a written request from the Secretary.

29. Airport Layout Plan

a. It will keep up to date at all times an airport layout plan of

the airport showing (1) boundaries of the airport and all proposed

additions thereto, together with the boundaries of all offsite areas

owned or controlled by the sponsor for airport purposes and proposed

additions thereto; (2) the location and nature of all existing and

proposed airport facilities and structures (such as runways, taxiways,

aprons, terminal buildings, hangars and roads), including all proposed

extensions and reductions of existing airport facilities; and (3) the

location of all existing and proposed nonaviation areas and of all

existing improvements thereon. Such airport layout plans and each

amendment, revision, or modification thereof, shall be subject to the

approval of the Secretary which approval shall be evidenced by the

signature of a duly authorized representative of the Secretary on the

face of the airport layout plan. The sponsor will not make or permit

any changes or alterations in the airport or any of its facilities

which are not in conformity with the airport layout plan as approved by

the Secretary and which might, in the opinion of the Secretary,

adversely affect the safety, utility or efficiency of the airport.

b. If a change or alternation in the airport or the facilities is

made which

[[Page 29768]]

the Secretary determines adversely affects the safety, utility, or

efficiency of any federally owned, leased, or funded property on or off

the airport and which is not in conformity with the airport layout plan

as approved by the Secretary, the owner or operator will, if requested,

by the Secretary (1) eliminate such adverse effect in a manner approved

by the Secretary; or (2) bear all costs of relocating such property (or

replacement thereof) to a site acceptable to the Secretary and all

costs of restoring such property (or replacement thereof) to the level

of safety, utility, efficiency, and cost of operation existing before

the unapproved change in the airport or its facilities.

30. Civil Rights

It will comply with such rules as are promulgated to assure that no

person shall, on the grounds of race, creed, color, national origin,

sex, age, or handicap be excluded from participating in any activity

conducted with or benefiting from funds received from this grant. This

assurance obligates the sponsor for the period during which Federal

financial assistance is extended to the program, except where Federal

financial assistance is to provide, or is in the form of personal

property or real property or interest therein or structures or

improvements thereon in which case the assurance obligates the sponsor

or any transferee for the longer or the following periods: (a) the

period during which the property is used for a purpose for which

Federal financial assistance is extended, or for another purpose

involving the provision of similar services or benefit, or (b) the

period during which the sponsor retains ownership or possession of the

property.

31. Disposal of Land

a. For land purchased under a grant for airport noise compatibility

purposes, it will dispose of the land, when the land is no longer

needed for such purposes, at fair market value, at the earliest

practicable time. That portion of the proceeds of such disposition

which is proportionate to the Untied States' share of acquisition of

such land will, at the discretion of the Secretary, (1) be paid to the

Secretary for deposit in the Trust Fund, or (2) be reinvested in an

approved noise compatibility project as prescribed by the Secretary.

b. (1) For land purchased under a grant for airport development

purposes (other than noise compatibility), it will, when the land is no

longer needed for airport purposes, dispose of such land at fair market

value or make available to the Secretary an amount equal to the United

States' proportionate share of the fair market value of the land. That

portion of the proceeds of such disposition which is proportionate to

the United States' share of the cost of acquisition of such land will,

(a) upon application to the Secretary, be reinvested in another

eligible airport improvement project or projects approved by the

Secretary at that airport or within the national airport system, or (b)

be paid to the Secretary for deposit in the Trust Fund if no eligible

project exists.

(2) Land shall be considered to be needed for airport purposes

under this assurance if (a) it may be needed for aeronautical purposes

(including runway protection zones) or serve as noise buffer land, and

(b) the revenue from interim uses of such land contributes to the

financial self-sufficiency of the airport. Further, land purchased with

a grant received by an airport operator or owner before December 31,

1987, will be considered to be needed for airport purposes if the

Secretary or Federal agency making such grant before December 31, 1987,

was notified by the operator or owner of the uses of such land, did not

object to such use, and the land continues to be used for that purpose,

such use having commenced no later than December 15, 1989.

c. Disposition of such land under (a) or (b) will be subject to the

retention or reservation of any interest or right therein necessary to

ensure that such land will only be used for purposes which are

compatible with noise levels associated with operation of the airport.

32. Engineering and Design Services

It will award each contract, or sub-contract for program

management, construction management, planning studies, feasibility

studies, architectural services, preliminary engineering, design,

engineering, surveying, mapping or related services with respect to the

project in the same manner as a contract for architectural and

engineering services is negotiated under Title IX of the Federal

Property and Administrative Services Act of 1949 or an equivalent

qualifications-based requirement prescribed for or by the sponsor of

the airport.

33. Foreign Market Restrictions

It will not allow funds provided under this grant to be used to

fund any project which uses any product or service of a foreign country

during the period in which such foreign country is listed by the United

States Trade Representative as denying fair and equitable market

opportunities for products and suppliers of the United States in

procurement and construction.

34. Policies, Standards, and Specifications

It will carry out the project in accordance with policies,

standards, and specifications approved by the Secretary including but

not limited to the advisory circulars listed in the Current FAA

Advisory Circulars for AIP projects, dated ______ and included in this

grant, and in accordance with applicable state policies, standards, and

specifications approved by the Secretary.

35. Relocation and Real Property Acquisition

(1) It will be guided in acquiring real property, to the greatest

extent practicable under State law, by the land acquisition policies in

Subpart B of 49 CFR Part 24 and will pay or reimburse property owners

for necessary expenses as specified in Subpart B. (2) It will provide a

relocation assistance program offering the services described in

Subpart C and fair and reasonable relocation payments and assistance to

displaced persons as required in Subpart D and E of 49 CFR Part 24. (3)

It will make available within a reasonable period of time prior to

displacement, comparable replacement dwellings to displaced persons in

accordance with Subpart E of 49 CFR Part 24.

36. Access by Intercity Buses

The airport owner or operator will permit, to the maximum extent

practicable, intercity buses or other modes of transportation to have

access to the airport, however, it has no obligation to fund special

facilities for intercity buses or for other modes of transportation.

Appendix 2--Assurances

Planning Agency Sponsors

A. General

1. These assurances shall be complied with in the performance of

grant agreements for integrated airport system planning grants to

planning agencies.

2. These assurances are required to be submitted as part of the

project application by sponsors requesting funds under the provisions

of Title 49, U.S.C., subtitle VII, as amended. A sponsor is a planning

agency designated by the Secretary of Transportation which is

authorized by the State or States or political subdivisions concerned

to engage in areawide planning.

[[Page 29769]]

3. Upon acceptance of the grant offer by the sponsor, these

assurances are incorporated in and become part of the grant agreement.

B. Duration

The terms, conditions and assurances of the grant agreement shall

remain in full force and effect during the life of the project.

C. Sponsor Certification

The sponsor assures and certifies, in respect to this grant, that:

1. General Federal Requirements

It will comply with all applicable Federal laws, regulations,

executive orders, policies, guidelines, and requirements as they relate

to the application, acceptance and use of Federal funds for this

project including but not limited to the following:

Federal Legislation

a. Title 49 U.S.C., subtitle VII, as amended.

b. Federal Fair Labor Standards Act--29 U.S.C. 201, et seq.

c. Hatch Act--5 U.S.C. 1501, et seq.

d. Rehabilitation Act of 1973--29 U.S.C. 794.

e. Civil Rights Act of 1964--Title VI--42 U.S.C. 2000d through d-4.

f. Age Discrimination Act of 1975--42 U.S.C. 6101, et seq.

g. Single Audit Act of 1984--31 U.S.C. 7501, et seq.

h. Drug-Free Workplace Act of 1988--41 U.S.C. 702 through 706.

Executive Orders

Executive Order 12372--Intergovernmental Review of Federal Programs

Federal Regulations

a. 14 CFR Part 13--Investigative and Enforcement Procedures.

b. 14 CFR Part 16--Rules of Practice For Federally Assisted Airport

Enforcement Proceedings.

c. 49 CFR Part 18--Uniform administrative requirements for grants

and cooperative agreements to state and local governments.

d. 49 CFR Part 20--New restrictions on lobbying.

e. 49 CFR Part 21--Nondiscrimination in federally assisted programs

of the Department of Transportation--effectuation of Title VI of the

Civil Rights Act of 1964.

f. 49 CFR Part 23--Participation by minority business enterprise in

Department of Transportation programs.

g. 49 CFR Part 29--Government-wide debarment and suspension (non-

procurement) and government-wide requirements for drug-free workplace

(grants).

h. 49 CFR Part 30--Denial of public works contracts to suppliers of

goods and services of countries that deny procurement market access to

U.S.

Office of Management and Budget Circulars

a. A-87--Cost Principles Applicable to Grants and Contracts with

State and Local Governments.

b. A-128--Audits of State and Local Governments.

Specific assurances required to be included in grant agreements by

any of the above laws, regulations or circulars are incorporated in

reference in the grant agreement.

2. Responsibility and Authority of the Sponsor

It has legal authority to apply for the grant, and to finance and

carry out the proposed project; that a resolution, motion or similar

action has been duly adopted or passed as an official act of the

applicant's governing body authorizing the filing of the application,

including all understandings and assurances contained therein, and

directing and authorizing the person identified as the official

representative of the applicant to act in connection with the

application and to provide such additional information as may be

required.

3. Sponsor Fund Availability

It has sufficient funds available for that portion of the project

costs which are not to be paid by the United States.

4. Preserving Rights and Powers

It will not take or permit any action which would operate to

deprive it of any of the rights and powers necessary to perform any or

all of the terms, conditions, and assurances in the grant agreement

without the written approval of the Secretary.

5. Consistency With Local Plans

The project is reasonably consistent with plans (existing at the

time of submission of this application) of public agencies in the

planning area.

6. Accounting System, Audit, and Recordkeeping Requirement

a. It shall keep all project accounts and records which fully

disclose the amount and disposition by the recipient of the proceeds of

the grant, the total cost of the project in connection with which the

grant is given or used, and the amount and nature of that portion of

the cost of the project supplied by other sources, and such other

financial records pertinent to the project. The accounts and records

shall be kept in accordance with an accounting system that will

facilitate an effective audit in accordance with The Single Audit Act

of 1984.

b. It shall make available to the Secretary and Comptroller General

of the United States, or any of their duly authorized representatives,

for the purpose of audit and examination, any books, documents, papers,

and records of the recipient that are pertinent to the grant. The

Secretary may require that an appropriate audit be conducted by the

recipient. In any case in which an independent audit is made of the

accounts of a sponsor relating to the disposition of the proceeds of a

grant or relating to the project in connection with which the grant was

given or used, it shall file a certified copy of such audit with the

Comptroller General of the United States not later than six (6) months

following the close of the fiscal year for which the audit was made.

7. Planning Projects

In carrying out planning projects:

a. It will execute the project in accordance with the approved

program narrative contained in the project application or with

modifications similarly approved.

b. It will furnish the Secretary with such periodic reports as

required pertaining to the planning project and planning work

activities.

c. It will include in all published material prepared in connection

with the planning project a notice that the material was prepared under

a grant provided by the United States.

d. It will make such material available for examination by the

public, and agrees that no material prepared with funds under this

project shall be subject to copyright in the United States or any other

country.

e. It will give the Secretary unrestricted authority to publish,

disclose, distribute, and otherwise use any of the material prepared in

connection with this grant.

f. It will grant the Secretary the right to disapprove the

Sponsor's employment of specific consultants and their subcontractors

to do all or any part of this project as well as the right to

disapprove the proposed scope and cost of professional services.

g. It will grant the Secretary the right to disapprove the use of

the sponsor's employees to do all or any part of the project.

h. It understands and agrees that the Secretary's approval of this

project grant or the Secretary's approval of any planning material

developed as part of

[[Page 29770]]

this grant does not mean constitute or imply any assurance or

commitment on the part of the Secretary to approve any pending or

future application for a Federal airport grant.

8. Reports and Inspections

It will submit to the Secretary such annual or special financial

and operations reports as the Secretary may reasonably request.

9. Civil Rights

It will comply with such rules as are promulgated to assure that no

person shall, on the grounds of race, creed, color, national origin,

sex, age, or handicap be excluded from participating in any activity

conducted with or benefiting from funds received from this grant. This

assurance obligates the sponsor for the period during which Federal

financial assistance is extended to the program.

10. Engineering and Design Services

It will award each contract, or sub-contract for planning studies,

feasibility studies, or related services with respect to the project in

the same manner as a contract for architectural and engineering

services is negotiated under Title IX of the Federal Property and

Administrative Services Act of 1949 or an equivalent qualifications-

based requirement prescribed for or by the sponsor.

11. Foreign Market Restrictions

It will not allow funds provided under this grant to be used to

fund any project which uses any product or service of a foreign country

during the period in which such foreign country is listed by the United

States Trade Representative as denying fair and equitable market

opportunities for products and suppliers of the United States in

procurement and construction.

12. Policies, Standards, and Specifications

It will carry out the project in accordance with policies,

standards, and specifications approved by the Secretary.

Appendix 3--Assurances

Nonairport Sponsors Undertaking Noise Compatibility Program Projects

A. General

1. These assurances shall be complied with in the performance of

grant agreements for noise compatibility projects undertaken by

sponsors who are not proprietors of the airport which is the subject of

the noise compatibility program.

2. These assurances are required to be submitted as part of the

project application by sponsors requesting funds under the provisions

of Title 49, U.S.C., subtitle VII, as amended. Sponsors are units of

local government in the areas around the airport which is the subject

of the noise compatibility program.

3. Upon acceptance of the grant offer by the sponsor, these

assurances are incorporated in and become part of the grant agreement.

B. Duration

The terms, conditions, and assurances, of the grant agreement shall

remain in full force and effect throughout the useful life of the

facilities developed or equipment acquired or throughout the useful

life of the items installed under the project, but in any event not to

exceed twenty (20) years from the date of the acceptance of a grant

offer of Federal funds for the project. However, there shall be no time

limit on the duration of the terms, conditions, and assurances with

respect to real property acquired with Federal funds. Furthermore, the

duration of the Civil Rights assurance shall be as specified in the

assurance.

C. Sponsor Certification

The sponsor hereby assures and certifies, with respect to this

grant that:

1. General Federal Requirements

It will comply with all applicable Federal laws, regulations,

executive orders, policies, guidelines and requirements as they relate

to the application, acceptance, and use of Federal funds for this

project including but not limited to the following:

Federal Legislation

a. Title 49, U.S.C., subtitle VII, as amended.

b. Davis-Bacon Act--40 U.S.C. 276(a). et seq.

c. Federal Fair Labor Standards Act--29 U.S.C. 201 et seq.

d. Hatch Act--5 U.S.C. 1501, et seq.

e. Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970--42 U.S.C. 4601, et seq.

f. National Historic Preservation Act of 1966--Section 106--16

U.S.C. 470(f).

g. Archeological and Historic Preservation Act of 1974--469 through

469c.

h. Native American Grave Repatriation Act--25 U.S.C. Section 3001,

et seq.

i. Clean Air Act, P.L. 90-148, as amended.

j. Coastal Zone Management Act, P.L. 93-205, as amended.

k. Flood Disaster Protection Act of 1973--Section 102(a)-42 U.S.C.

4012a.

l. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)).

m. Rehabilitation Act of 1973--29 U.S.C. 794.

n. Civil Rights Act of 1964--Title VI--42 U.S.C. 2000d through d-4.

o. Age Discrimination Act of 1975--42 U.S.C. 6101, et seq.

p. American Indian Religious Freedom Act, P.L. 95-341,

q. Architectural Barriers Act of 1968--U.S.C. 4151, et seq.

r. Powerplant and Industrial Fuel Use Act of 1978--Section 403--42

U.S.C. 8373.

s. Contract Work Hours and Safety Standards Act--40 U.S.C. 327, et

seq.

t. Copeland Antikickback Act--18 U.S.C. 874.

u. National Environmental Policy Act of 1969--42 U.S.C. 4321, et

seq.

v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.

w. Single Audit Act of 1984--31 U.S.C. 7501, et seq.

x. Drug-Free Workplace Act of 1998--41 U.S.C. 702 through 706.

Executive Orders

Executive Order 11246--Equal Employment Opportunity

Executive Order 11990--Protection of Wetlands

Executive Order 11998--FloodPlain Management

Executive Order 12372--Intergovernmental Review of Federal Programs.

Executive Order 12699--Seismic Safety of Federal and Federally Assisted

New Building Construction

Executive Order 12898--Environmental Justice

Federal Regulations

a. 14 CFR Part 13--Investigative and Enforcement Procedures.

b. 14 CFR Part 16--Rules of Practice For Federally Assisted Airport

Enforcement Proceedings.

c. 14 CFR Part 150--Airport noise compatibility planning.

d. 20 CFR Part 1--Procedures for predetermination of wage rates.

e. 29 CFR Part 3--Contractors and subcontractors on public building

or public work financed in whole or part by loans or grants from the

United States.

f. 29 CFR Part 5--Labor standards provisions applicable to

contracts covering federally financed and assisted construction.

g. 41 CFR Part 60--Office of Federal contract compliance programs,

equal employment opportunity, Department of Labor (Federal and

federally-assisted contracting requirements).

[[Page 29771]]

h. 49 CFR Part 18--Uniform administrative requirements for grants

and cooperative agreements to state and local governments.

i. 49 CFR Part 20--New restrictions on lobbying.

j. 49 CFR Part 21--Nondiscrimination in federally-assisted programs

of the Department of Transportation--effectuation of Title VI to the

Civil Rights Act of 1964.

k. 49 CFR Part 23--Participation of minority business enterprise in

Department of Transportation programs.

l. 49 CFR Part 24--Uniform relocation assistance and real property

acquisition regulation for Federal and federally assisted programs.

m. 49 CFR Part 27--Non-Discrimination on the basis of handicap in

programs and activities receiving or benefiting from Federal financial

assistance.

n. 49 CFR Part 29--Governmentwide debarment and suspension (non-

procurement) and governmentwide requirements for drug-free workplace

(grants).

o. 49 CFR Part 30--Denial of public work contracts to suppliers of

goods and services of countries that deny procurement market access to

U.S. contractors.

p. 49 CFR Part 41--Seismic safety of Federal and federally assisted

or regulated new building construction.

Office of Management and Budget Circulars

a. A-87--Cost Principles Applicable to Grants and Contracts with

State and Local Governments.

b. A-128--Audits of State and Local Governments.

Specific assurances required to be included in grant agreements by

any of the above laws, regulations or circulars are incorporated by

reference in the grant agreement.

2. Responsibility and Authority of the Sponsor

It has legal authority to apply for the grant, and to finance and

carry out the proposed project; that a resolution, motion, or similar

action has been duly adopted or passed as an official act of the

applicant's governing body authorizing the filing of the application,

including all understandings and assurances contained therein, and

directing and authorizing the person identified as the official

representative of the applicant to act in connection with the

application and to provide such additional information as may be

required.

3. Sponsor Fund Availability

a. It has sufficient funds available for that portion of the

project costs which are not to be paid by the United States.

b. It has sufficient funds available to ensure operation and

maintenance of items funded under the grant agreement which it will own

or control.

4. Good Title

For projects to be carried out on the property of the sponsor, it

holds good title satisfactory to the Secretary to that portion of the

property upon which Federal funds will be expended or will give

assurance to the Secretary that good title will be obtained.

5. Preserving Rights and Powers

a. It will not enter into any transaction, or take or permit any

action which would operate to deprive it of any of the rights and

powers necessary to perform any or all of the terms, conditions, and

assurances in the grant agreement without the written approval of the

Secretary, and will act to acquire, extinguish, or modify any

outstanding rights or claims of right of others which would interfere

with such performance by the sponsor. This shall be done in a manner

acceptable to the Secretary.

b. It will not sell, lease, encumber, or otherwise transfer or

dispose of any part of its title or other interests in the property,

for which it holds good title and upon which Federal funds have been

expended, for the duration of the terms, conditions, and assurances in

the grant agreement, without approval by the Secretary. If the

transferee is found by the Secretary to be eligible under Title 49,

United States Code, to assume the obligations of the grant agreement

and to have the power, authority, and financial resources to carry out

all such obligations, the sponsor shall insert in the contract or

document transferring or disposing of the sponsor's interest, and

making binding upon the transferee, all of the terms, conditions and

assurances contained in this grant agreement.

c. For all noise compatibility projects which are to be carried out

by another unit of local government or are on property owned by a unit

of local government other than the sponsor, it will enter into an

agreement with that governmental unit. Except as otherwise specified by

the Secretary, that agreement shall obligate that governmental unit to

the same terms, conditions, and assurances that would be applicable to

it if it applied directly to the FAA for a grant to undertake the noise

compatibility project. That agreement and changes thereto must be

approved in advance by the Secretary.

d. For noise compatibility projects to be carried out on privately

owned property, it will enter into an agreement with the owner of that

property which includes provisions specified by the Secretary.

6. Consistency With Local Plans

The project is reasonably consistent with plans (existing at the

time of submission of this application) of public agencies that are

authorized by the State in which the project is located to plan for the

development of the area surrounding the airport. For noise

compatibility projects to be carried out on property which is not owned

by the sponsor and which is under the land use control or authority of

a public agency other than the sponsor, the sponsor shall obtain from

each agency a written declaration that such an agency supports the

project and the project is reasonably consistent with the agency's

plans regarding the property.

7. Consideration of Local Interest

It has give fair consideration to the interest of communities in or

near which the project may be located.

8. Accounting System, Audit, and Recordkeeping Requirements

a. It shall keep all project accounts and records which fully

disclose the amount and disposition by the recipient of the proceeds of

the grant, the total cost of the project in connection with which the

grant is given or used, and the amount or nature of that portion of the

cost of the project supplied by other sources, and such other financial

records pertinent to the project. The accounts and records should be