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HomeMy WebLinkAboutC02-217 Federal Transportation AssociationMB Aooroval No. 0348-0043
Cep -�/7- `�-I
2. Date Submitted `
Applicant Identifier
APPLICATION FOR
August 5, 2002 7
FEDERAL ASSISTANCE
3. Date Received By State
State Application Identifier
1. Type of Submission:
Application
Preapplication
4. Date Received By Federal Agency
Federal Identifier
❑ Construction
❑ Construction
0 Non -Construction
❑ Non -Construction
Legal Name:
Organizational Unit:
Eagle County Board of Commissioners
Eagle County Regional Airport
Address (give city, county, state and zip code):
Name and telephone number of the person to be contacted on matters involving
P.O. Box 850
this application (give area code):
Eagle, Colorado
Mr. Eddie Storer, Airport Manager
(970)524-8246
6. Employer Identification Number (EIN):
7. Type of Applicant: (enter appropriate letter in box) B
84-6000762
8. Type of Application
O New ❑ Construction ❑
A. State H. Independent School Dist.
Revision
B. County I. State Controlled Institution of Higher Learning
C. Municipal J. Private University
If Revision, enter appropriate letter(s) in box (es) ❑ ❑
D. Township K. Indian Tribe
A. Increase Award B. Decrease Award C. Increase Duration
E. Interstate L. Individual
D. Decrease Duration Other (specify)
F. Intermunicipal M. Profit Organization
G. Special District N. Other (Specify)
9. Name of Federal Agency: Federal Aviation Administration
10. Catalog of Federal Domestic
11. Descriptive Title of Applicant's Project:
Assistance Number: 2 0 • 10 7
Title: Airport Improvement Program
Land acquisition of Levine Parcel.
12. Areas Affected by Project (cities, counties, state, etc.):
Eagle County
13. Proposed Project:
14. Congressional Districts Of:
Start Date
Ending Date
a. Applicant b. Project
8/02
12/02
3W 3r°
15. Estimated Funding:
16. Is Application Subject to Review By State Executive Order 12372 Process?
a. YES This Preapplication/Application was made available to the State
a. Federal
$ 1,119,327
Executive Order 12372 Process for Review On.
h. Applicant
S 124,370
DATE
C. State
S
b. NO ❑ Program is not covered by E O 12372
d. Local
❑ Or Program Has Not Been Selected by State for
C. Other
$
Review
I. Program Income
17. Is the Applicant Delinquent on any Federal Debt?
❑ Yes If "Yes" attach an explanation ® No
g. TOTAL
$ 1,243,697
18. To the best of my knowledge and belief, a0 data in this applicatioNpreapplication are true and correct. The document has been duly authorized by the
governing body of the applicant and the applicant will comply with the attached assurances if the assistance
FpGLE
a. Typed Name of Authorized Representative:
b. Title: J7.
d:. elephone Number:
Michael Gallagher
Chairman, Board of Court
i9 ) 524-9370
Commissioners w
1 R
d. Si
to A ho a en 've: *
a atenSig ed
%COInne
7l
Previous Editions Not Usable
Authorized for Local Reproduction
Standhrd Form 424 REV. 4-88
Prescribed by OMB Circular A-102
r.
DEPARTMENT OF TRANSPORTATION - FED1L AVIATION ADMINISTRATION OMB NO. 80-R-0184
PART II
PROJECT APPROVAL INFORMATION
SECTION A
Item 1.
Does This assistance request require State, local, regional, or
Name of Governing Body
other priority rating?
Priority Rating
Yes
X
No
Item 2.
Does this assistance request require State, or local
Name of Agency of Board
advisory, educational or health clearances?
Yes
X
No
Item 3.
Does this assistance request require clearinghouse review
(Attach Comments)
in accordance with OMB Circular A-95?
Yes
X
No
Item 4.
Does this assistance request require State, local
Name of Approving Agency
regional or other planning approval?
Date
Yes
X
No
Item 5.
Is the proposed project covered by an approved
Check one: State 0
comprehensive plan?
Local M1 Airport Master Plan
Regional 0
Location of plan Eagle County Regional Airport
X Yes
No
Item 6.
Will the assistance request serve a Federal
Name of Federal Installation
installation?
Federal Population benefiting from Project
Yes
X
No
Item 7.
Will the assistance request be on Federal land
Name of Federal Installation
or installation?
Location of Federal Land
Percent of Project
Yes
X
No
Item 8.
Will the assistance requested have an impact or effect
See instruction for additional information to be
on the environment?
Provided.
Yes
X
No
Item 9.
Will the assistance requested cause the displacement of
Number of:
Individuals families, business, for far?
Individuals
Families
Businesses
Farms
Yes
X
No
Item 10.
Is There other related Federal assistance on this
See instruction for additional information to be
project previous, pending, or anticipated?
provided.
Yes
X
No
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7
\'Wp/
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO.04-R0209
PART II - SECTION C
The Sponsor hereby represents and certifies as follows:
1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land
adjacent to or in the vicinity of the airport:
The land surrounding and adjacent to the airport property is now in the town of Gypsum. Although there have been
proposals for residential development around the airport, the County through its technical review process with the town of
Gypsum, other agencies and an aggressive land acquisition program, has been able to preclude any incompatible land
use. The County Planning Office and the Planning Commission jointly review land development request, with the
ultimate decision made by the County Commissioners. Such items as flight patterns runways protection zones, approach
zones and further airport development are utilized in the review process. The County has acquired land adjacent to the
airport to assure protection from incompatible land use in the airport vicinity.
2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United
States Government relative to the development, operation, or maintenance of any airport, except as stated herewith:
None
3. Possible Disabilities. - There are facts or circumstances (including the existence of effective or proposed
leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or
other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and
complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability
or otherwise, except as follows:
None
4. Land. - (a) The Sponsor holds the following property interest in the following areas of land* which are to
be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and
adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A":
No exceptions, encumbrances, or other adverse interest exist on the property interest held by the Sponsor as shown on
Exhibit "A". There has been no change in property ownership since AIP Project No. 3-08-0020-31 except the County has
sold a parcel of land to the town of Gypsum.
* State character of property interest in each area and list and identify for each all exceptions, encumbrances, and
adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only
be identified here by the area numbers shown on the property map.
FAA Form 5100-100 (4-76) Page 3a
DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO.04-RO209
PART II - SECTION C (Continued)
The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and
that such attorney or title company has determined that the Sponsor holds the above property interests.
(b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work
under the Project, the following property interest in the following areas of land* on which such construction work is to be
performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A":
None
(c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction
work under the Project, the following property interest in the following areas of land* which are to be developed or used
as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on
the aforementioned property map designated as Exhibit "A":
None
5. Exclusive Rights. - There is no grant of an exclusive right for the conduct of any aeronautical activity at any
airport owned or controlled by the Sponsor except as follows:
None
* State character of property interest in each area and list and identify for each all exceptions, encumbrances, and
adverse interest of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only
be identified here by the area numbers shown on the property map.
FAA Form 5100-100 (4-76) Page 3b
DEPARTMENT OF TRANSPORTATION - FE__,AL AVIATION ADMINISTRATION 1� OMB NO.80-RO184
PART III - BUDGET INFORMATION - CONSTRUCTION
SECTION A - GENERAL
1. Federal Domestic Assistance Catalog No.
2. Functional or Other Breakout
SECTION B - CALCULATION OF FEDERAL GRANT
Cost Classification
Use oniv for revisions
Total Amount
Required
Latest Approved
Amount
Adjustment
+ or -
1. Administration expense
$ 2,000
2. Preliminary expense
3. Land, structures, right-of-way
$ 16,697
4. Architectural engineering basic fees
5. Other architectural engineering fees
6. Project inspection fees
7. Land development
$ 1,225,000
8. Relocation Expenses
9. Relocation payments to Individuals and Businesses
10. Demolition and removal
11. Construction and project improvement
12.Equipment
13. Miscellaneous
14. Total Lines 1 through 13
$ 1,243,697
15. Estimated Income if applicable)
16. Net Project Amount Line 14 minus 15
17. Less: Ineligible Exclusions
18. Add: Contingencies
19. Total Project Amt.(Excluding Rehabilitation Grants
$ 1,243,697
20. Federal Share reguested of Line 19
$ 1,119,327
21. Add Rehabilitation Grants Requested 100 Percent
22. Total Federal grant requested Lines 20 & 21
$ 1,119,327
23. Grantee share
$ 124,370
24.Other shares
25. Total project (Lines 22, 23 & 24)
$ 1,243,697
FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4
OMR NO. 80-R0184
DEPARTMENT OF TRAMFUH I A I IUN - r AL NV IA I NAM rwlnnvw I non I wi. -
SECTION C - EXCLUSIONS
Classification
26.
Ineligible for
Participation
1
Excluded from
Contingency Provision
2
a.
$
$
b.
C.
d.
e.
f.
9. Totals
$
$
SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE
27. Grantee Share
$ 124,370
a. Securities
b. Mortgages
c. Appropriations B Applicant)
d. Bonds
e. Tax Levies
f. Non Cash
. Other (Explain)
h. TOTAL - Grantee share
$ 124,370
28. Other Shares
a. State
b. Other
c. Total Other Shares
29. TOTAL
$ 124,370
SECTION E - REMARKS
The following items are hereby incorporated by reference:
1. Exhibit "A" Property Map (attached).
2. Sponsor Assurances (attached).
3. Sponsor Certifications (attached).
4. Standard DOT Title V1 Assurances.
PART IV PROGRAM NARRATIVE (Attach - See Instructions)
FAA Form 5100-100 (5-73) SUPERSEDES FAA FROM 510-0-10 PAGES 1 THRU 7 Page 5
FAA AC 75-0232
u
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure of Lobby Activities," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. any person who fails to file the required
certification shall be subject to a civil penalty of no less than $10,000 and not more than $100,000 for each
such failure.
Signed:
Michael Gallagher, Chairman
Eagle County Board of Commissioners
Ivar-1
EAGLE COUNTY REGIONAL AIRPORT
EAGLE, COLOR.ADO
AIP PROJECT NO.3-08-0020-32
PROGRAM NARRATIVE
1. Land Acquisition of Levine Parcel.
Item 1
In order to increase airport protection and for future terminal and airport facilities
expansions, land acquisition is required. With this AIP project one parcel will be
purchased. The property in question is denoted as Levine Parcel on the attached Exhibit
`A' map. The acquisitions will consist of fee -simple interest in the developed property.
Engineering Services will be required to assist with this land acquisition. Engineering
services required are as follows but not limited to surveying existing terrain and utilities,
locating watershed flow paths, and coordination of relocated roadway and utilities with
property owner, respective utility entities, and Eagle County, and field inspection services
as well.
LAPROJ DOCS\Ege\ evine Land Acquisitionlprogram narradve.doc
\Wool/ \ftwp/
PRELIMINARY COST ESTIMATE
LAND ACQUISITION OF LEVINE PARCEL
EAGLE COUNTY REGIONAL AIRPORT
Eagle, Colorado
Airport Improvement Project 3-08-0020-32
Land acquisition for compatible land use, airport protection and for future expansion of
the terminal and parking facilities.
Total Cost FAA Share Sponsor Share
PROJECT ADMINISTRATION
Administration $2,000 $1,800 $200
LAND ADMINISTRATION
Appraisal
$47000
$3,600
$400
Environmental Assessment Report
$5,341
$4,807
$534
Appraisal Review
$1,750
$1,575
$175
Legal Survey
$2,306
$2,075
$231
Title Search
$3,300
$2,970
$330
LAND ACQUISITION
Land acquisition
$1,225,000
$1,102,500
$122,500
TOTAL PROJECT COSTS
$15243,697
$191199327
$124,370
�c
CERTIFICAT REGARDING DRUG -FREE WORKPLAC&.�QUIREMENTS
Alternate I. (Grantees Other Than Individuals)
A. The grantee certifies that it will, or will continue to, provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use
of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for
violation of such prohibition:
(b) Establishing an ongoing drug -free awareness program to inform employees about —
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee be engaged in the performance of the grant, and be given a copy of the
statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant,
the employee will —
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in
the workplace no later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including
position and title to every grant officer of other designee on whose grant activity the convicted employee was working, unless the Federal
agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected
grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to
any employee who is so convicted —
(1) Taking appropriate personnel action against such an employee, up to an including termination, consistent
with the requirements of the Rehabilitation Act of 1973, as amended, or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a),
(b), (c), (d), (e) and (f),
B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific
grant:
Place of Performance (street address, city, county, state, zip code)
Eagle County Regional Airport
P.O. Box 850
0219 Eldon Wilson
Eagle, Colorado 81631-0850
Check if there are workplaces on file that are not identified here.
LAVRO1 DOCST.9 U..cvine; Land Acyuisilion\CERTIFICATION REGARDING DRUG.doc
Eagle, Colorado
Sponsor's Name
Attachment 4
SPONSOR CERTIFICATION FOR REAL PROPERTY ACQUISITION
Eagle County Regional Airport AIP 3-08-0020-32
Airport
Project Number
Land acquisition for compatible land use, airport protection and for future expansion of the terminal and
parking facilities.
Project Description
Section 47105(d) of Title 49, U.S.C., Subtitle VII, Part B (P.L. 103-272, as amended), authorizes the
Secretary to require certification from sponsors that they will comply with statutory and administrative
requirements. The following list of certified items includes major requirements for this aspect of project
implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying
with all applicable statutory and administrative standards. Every certified item must be marked. Each
certified item with a "no" response must be fully explained in an attachment to this certification. If the item is
not applicable to this project, mark the item "N/A". General requirements on real property acquisition and
relocation assistance are in 49 CFR 24. The project Grant Agreement contains specific requirements and
assurances on the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended (Uniform Act).
1. Good and sufficient title (4)(will be) held on property in the project. The sponsor's attorney or other
official (h )(will prepare) and (has)(will have) on file title evidence on the property.
Yes X No N/A
2. If defects and/or encumbrances exist is the title which adversely impact the sponsor's intended use of
property in the project, they (have-beee)(will be) extinguished, modified, or subordinated.
Yes X No N/A
3. If property for airport development (4)(will be) leased, the term is for 20 years or the useful life of the
project. The lessor is a public agency and the lease contains no provisions which prevent full
compliance with the grant agreement.
Yes X No N/A
4. Property in the project (is)(will be) in conformance with the current Exhibit A (property map). The
property map is based on deeds, title opinions, land surveys, the approved airport layout plan, and
project documentation.
Yes X No N/A
l,:U'ItOJ UOC:S%,;L*c\I t imie land AequisitionvIkPOiNSOR C'I R'riFIC:ATIONS.alltiehments.doc Page I of 3
5. For any acquisition or property interest in noise sensitive approach zones and related areas, property
interest (was)(will be) obtained to ensure land is used for purposes compatible with noise levels
associated with operation of the airport.
Yes X No N/A
6. For any acquisition of property interest in runway protection zones and areas related to FAR Part 77
surfaces, property interest (was)(will be) obtained for the right of flight and right of ingress and egress
to remove obstructions. Interest (was)(will be) obtained for the right to restrict the establishment of
future obstructions.
Yes No N/A X
7. Appraisals (include)(will-iaGlude) valuation data to estimate the current market value for the property
interest acquired on each parcel and (were)(wiil be prepared by qualified real estate appraisers hired
by the sponsor. An opportunity (was)(will be provided the property owner or representative to
accompany appraisers during inspections.
Yes X No N/A
8. Each appraisal (has been)(w*4e) reviewed by a qualified review appraiser to recommend an
amount for the offer of just compensation. The written appraisals and review appraisal are available
to FAA for review.
Yes X No N/A
9. A written offer to acquire each parcel (was)(will-be) presented to the property owner for not less than
the approved amount of just compensation.
Yes X No N/A
10. Effort (was)(willbemade to acquire each property through negotiation with no coercive action to
induce agreement. If negotiation (was)(willbe)successful, project files (seRtain (will contain)
supporting documents for settlements.
Yes X No N/A
11. If a negotiated settlement is not reached, condemnation (was)(will be) initiated and a court deposit
not less than the just compensation (was)(will be) made prior to possession of the property. Project
files (contain)(will contain) supporting documents for awards.
Yes
12. If displacement of person, businesses, farm operations,
relocation assistance program (was)(will be) established
general information on the relocation program in writing,
notice to evacuate.
Yes
No N/A X
or nonprofit organizations is involved, a
. Displaced person (received)(will receive)
notice of relocation eligibility, and a 90-day
No N/A X
13. Relocation assistance services, comparable replacement housing, and payment of necessary
relocation expenses (were)(will be) provided within a reasonable time period for each displaced
occupant in accordance with the Uniform Act.
Yes
No N/A X
1APROJ DUCS1EgOl-ovine land Acquisilion\SPQNSORC,'ER'flk,lC:ATtONS.atltichment,;.duc
Page 2 of 3
...41
I certify that, for the project identified herein, the responses to the forgoing items are correct as marked, and
that the attachments, if any, are correct and complete.
Signed:
J�=_40'Fz'poaslao
*K,
Dated:
e
Michael Gallagher, Chairman, Board of County Commissioners
Typed Name and Title of Sponsor's Representative
I.Land Acquisaion%. Ponsi>R (FwrjRCA nONS.nundura m+.der Page 3 of 3
1*0�
Categorical Exclusion
Environmental Checklist
Specific Impact Categories
(Include in all AIP/PFC applications where an EA or EIS has not been completed with the
exception of planning projects and equipment purchases)
Airport: Eagle County Regional Airport, Eagle, Colorado
Proposed Land Acquisition of Levine Parcel
Development:
Date of Review:
Review By: Eddie Storer, Airport Manager
Airport Sponsor
Signature:
NOISE: Does the forecast of operations exceed 90,000 annual adjusted YES NO
propeller operations or 700 annual adjusted jet operations (per X
FAA-AS-75-1)?
If YES, were noise contours produced? If so, is CATEX still
applicable per 5050.4a thresholds?
Available Documentation to Support Analysis: (e.g., noise
contours)
COMPATIBLE Is project consistent with local planning: YES NO
LAND USE: X
If NO, Explain:
Available Documentation to Support Analysis: (e.g., letters from
local jurisdictions)
Has sponsor provided land use assurance: YES NO
X
If NO, Explain:
n5
\NWV
Available Documentation to Support Analysis:
SOCIAL IMPACT: Are residents relocated? YES NO
X
If YES, is there adequate relocation housing available? YES NO
If NO, explain how relocatees will be accommodated and if
CATEX is still applicable:
Available Documentation to Support Analysis:
Are businesses relocated? YES NO
X
If YES, explain how relocatees will be accommodated and if
CATEX is still applicable:
Available Documentation to Support Analysis:
INDUCED Will the project result in disruption of community? YES NO
X
SOCIO-
ECONOMIC Available Documentation to Support Analysis:
IMPACTS:
Are secondary induced impacts (such as changes in population YES NO
pattern or growth, public service demands, or economic activity X
expected?
2
*amp/
`'I'VMV1
Available Documentation to Support Analysis:
ENVIRON- Are there disproportionately high adverse impacts on minority or
MENTAL low income populations?
JUSTICE
Available Documentation to Support Analysis:
AIR A. Is proposed project within a NON -ATTAINMENT AREA?
QUALITY:
If NO, then no more analysis is necessary. If YES then:
Is proposed project categorically excluded from requirements of
CAAA conformity?
If YES, then no more analysis is necessary.
If NO, then an air quality conformity report must be prepared
showing CAAA conformity. Attach report to this CATEX
checklist. Does the report show conformity with the CAAA?
If YES, then no more analysis is necessary.
YES NO
X
YES NO
X
YES NO
X
YES NO
If CAAA conformity cannot be demonstrated, an EIS must be prepared providing a
detailed analysis and air quality mitigation measures.
WATER Will proposed project produce water quality impacts?
QUALITY
If YES, explain how such impacts will be accommodated and if
CATEX is still applicable:
Available Documentation to Support Analysis: (e.g., permits 402,
404,10, water quality certification)
YES NO
X
3
SECTION 4F Will proposed project impact DOT Section 4f resources?
IMPACTS:
If YES, Explain how such impacts will be accommodated and if
CATEX is still applicable:
Available Documentation to Support Analysis:
YES NO
X
CULTURAL Will proposed project impact historic, architectural, archaeological YES NO
RESOURCES or other cultural resources? X
If YES, explain how such impacts will be accommodated and if
CATEX is still applicable:
Available Documentation to Support Analysis: (e.g., survey results,
letters from SHPO)
BIOTIC Will proposed project impact biotic communities? YES NO
COMMUNITIES X
If YES, explain how such impacts will be accommodated and if
CATEX is still applicable:
Available Documentation to Support Analysis: (e.g., letters from
state/federal agencies)
ENDANGERED Will proposed project impact endangered or threatened species? YES NO
X
AND
THREATENED
SPECIES
If YES, explain how such impacts will be accommodated and if
CATEX is still applicable:
4
�,o
4L n7
Available Documentation to Support Analysis: (e.g., consultation
w/USFWS if needed)
WETLANDS Will proposed project impact wetlands?
If YES, explain how such impacts will be accommodated and if
CATEX is still applicable:
Available Documentation to Support Analysis: (e.g., consultation
w/US Army corps or delineation if needed)
FLOODPLAINS Will Proposed project impact floodplains?
If YES, explain how such impacts will be accommodated and if
CATEX is still applicable:
Available Documentation to Support Analysis:
YES NO
X
YES NO
X
COASTAL BARRIERS and COASTAL ZONE PROGRAM DO NOT APPLY TO ANM/DEN-ADO
WILD AND Will proposed project impact wild or scenic rivers? YES NO
SCENIC RIVERS X
If Yes, explain how such impacts will be accommodated and if
CATEX is still applicable:
Available Documentation to support analysis:
FARMLANDS Will proposed project impact prime or unique farmlands? YES NO
X
If YES, explain how such impacts will be accommodated and if
CATEX is still applicable:
Available Documentation to support analysis: (e.g., Farmland Impact
Rating Form if needed)
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® DES. D.F.N.
WashingtonXHIBIT "A"
A I.D.P..P. TO ACCOMPANY AIP PROJ. NO. 3-08-0020-32
In( 6,) u E= SerlNKes,lrte DH. J.W.F.
I.w1) e43-zooR F. (w.T7 w-:
APP. H.GI. DATE JUNE 28. 2D00 SHEET 1 OF i
ENERGY SUPPLY Will proposed project impact energy supply of natural resources in YES NO
AND NATURAL a detrimental manner? X
RESOURCES
If YES, explain how such impacts will be accommodated and if
CATEX is still applicable:
Available Documentation to Support Analysis:
LIGHT Will proposed project produce light emission impacts? YES NO
EMISSIONS X
If YES, explain how such impacts will be accommodated and if
CATEX is still applicable:
Available Documentation to Support Analysis:
SOLID WASTE Will proposed project produce solid waste impacts? YES NO
IMPACT X
If YES, explain how such impacts will be accommodated and if
CATEX is still applicable:
Available Documentation to Support Analysis:
6
M
CONSTRUCTION will proposed project produce construction impacts? YES NO
IMPACTS X
Yes, the 4 month period during which the apron will be constructed there will be a temporary construction impact. This
impact will result in increased noise and dust.
If YES, explain how such impacts will be accommodated and if
CATEX is still applicable:
Because this is short term impact (approximately 4 months) the CATEX is still applicable.
Available Documentation to Support Analysis:
N/A
\ftwpJ
-.- d.
Hatch Act - 5 U.S.C. 1501, et seQ.2
e.
Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 Title 42 U.S.C. 4601, et sea.' 2
f.
National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C.
470(f).1
g.
Archeological 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, 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.1
I.
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 sea.
P.
American Indian Religious Freedom Act, P.L. 95-341, as amended.
q
Architectural Barriers Act of 1968 -42 U.S.C. 4151, et se4.1
r.
Power plant 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 seg.,
t.
Copeland Antikickback Act - 18 U.S.C. 874.1
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 sea.2
X.
Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246 - Equal Employment Opportunity'
Executive Order 11990 - Protection of Wetlands
Executive Order 11998 — Flood Plain 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. 29 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 (also labor
standards provisions applicable to non -construction contracts subject to
the Contract Work Hours and Safety Standards Act).'
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements).'
h. 49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.3
Airport Assurances (9/99)
2
= 4
4
• Y
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rn
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 Disadvantage Business Enterprise in
Airport Concessions.
I• 49 CFR Part 24 - Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.' 2
M. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefitting from Federal financial assistance.,
o. 49 CFR Part 29 — Government wide debarment and suspension (non -
procurement) and government wide requirements for drug -free workplace
(grants).
P. 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.
q. 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-133 - Audits of States, Local Governments, and Non -Profit
Organizations
1 These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
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.
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.
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.
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.
Airport Assurances (9/99)
C. _ 4
' 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, a public agency or the Federal government, 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.
Airport Assurances (9/99)
140,
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.
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 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.
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
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
Airport Assurances (9/99)
n
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 Record Keeping 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
Airport Assurances (9/99)
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 conditions.
Any proposal to temporarily close the airport for non -aeronautical
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
Airport Assurances (9/99)
(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 airport hazards.
21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including
the adoption of zoning laws, 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 of 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 the airport available as an airport for public use on reasonable
terms and without unjust discrimination to all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities
offering 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 unjustly 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 other 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.
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,
Airport Assurances (9199)
`�
rn
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 involved 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, sale of
aircraft parts, and any other activities 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.
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
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t 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
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(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 alteration in the airport or the facilities is made which 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
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(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 of 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 benefits, 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
United 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
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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.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis
of race, color, national origin or sex in the award and performance of any DOT -assisted
contract or in the administration of its DBE program or the requirements of 49 CFR Part
26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to
ensure non discrimination in the award and administration of DOT -assisted contracts. The
recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is
incorporated by reference in this agreement. Implementation of this program is a legal
obligation and failure to carry out its terms shall be treated as a violation of this
agreement. Upon notification to the recipient of its failure to carry out its approved
program, the Department may impose sanctions as provided for under Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).
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IIISTRIBUTION
Originals to•
1. Contract Book
2.
3. �--c-
4.
copies to•
1. Accounting
2.
3.
4.
E5
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 tern "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 assurances regarding Exclusive Rights and Airport
Revenue so long as the airport is used as an airport. There shall be no 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
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 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 agreement 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.'
C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
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