**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 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.^1^]{.underline}

c.  Federal Fair Labor Standards Act - 29 U.S.C. 201, [et
    seq.]{.underline}

d.  Hatch Act -- 5 U.S.C. 1501, [et seq.^2^]{.underline}

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  Airport Assurances (3/2005)         1

  ----------------------------------- -----------------------------------

> e\. Uniform Relocation Assistance and Real Property Acquisition
> Policies Act
>
> of 1970 Title 42 U.S.C. 4601, [et seq.]{.underline}^1\ 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]{.underline}
>
> [seq.]{.underline}
>
> 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^
>
> 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.]{.underline}
>
> p\. American Indian Religious Freedom Act, P.L. 95-341, as amended.
>
> q\. Architectural Barriers Act of 1968 -42 U.S.C. 4151, [et
> seq.]{.underline}^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
> seq.]{.underline}^1^
>
> t\. Copeland Anti kickback Act - 18 U.S.C. 874.1
>
> u\. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, [et
> seq.]{.underline}^1^
>
> 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.]{.underline}^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 -- Flood Plain 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 non-construction 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^

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  Airport Assurances (3/2005)         2

  ----------------------------------- -----------------------------------

> h\. 49 CFR Part 18 - Uniform administrative requirements for grants
> and
>
> cooperative agreements to state and local governments.3
>
> 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.
>
> l\. 49 CFR Part 24 - Uniform relocation assistance and real property
>
> acquisition for Federal and federally assisted programs.1 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 benefiting from Federal financial
> assistance.1
>
> o\. 49 CFR Part 29 -- Government wide debarment and suspension
> (nonprocurement)
>
> 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.1

## 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.**

> 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.
>
> 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

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  Airport Assurances (3/2005)         3

  ----------------------------------- -----------------------------------

> 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, 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

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  Airport Assurances (3/2005)         4

  ----------------------------------- -----------------------------------

> 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 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

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  Airport Assurances (3/2005)         5

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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 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

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  Airport Assurances (3/2005)         6

  ----------------------------------- -----------------------------------

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

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  Airport Assurances (3/2005)         7

  ----------------------------------- -----------------------------------

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
>
> \(3\) 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.

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  Airport Assurances (3/2005)         8

  ----------------------------------- -----------------------------------

> 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.
>
> e\. Each air carrier using such airport (whether as a tenant, non
> tenant, 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 non tenants and signatory carriers and non signatory
> 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,

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  Airport Assurances (3/2005)         9

                                      
  ----------------------------------- -----------------------------------

> 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 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

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  Airport Assurances (3/2005)         10

  ----------------------------------- -----------------------------------

> 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

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  Airport Assurances (3/2005)         11

  ----------------------------------- -----------------------------------

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 (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, including the purchase of nonresidential buildings
> or
>
> property in the vicinity of residential buildings or property
> previously
>
> purchased by the airport as part of a noise compatibility program.
>
> b\. 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, (1) 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 (2) be paid to the Secretary
> for
>
> deposit in the Trust Fund if no eligible project exists.

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  Airport Assurances (3/2005)         12

  ----------------------------------- -----------------------------------

> c\. Land shall be considered to be needed for airport purposes under
> this
>
> assurance if (1) it may be needed for aeronautical purposes (including
>
> runway protection zones) or serve as noise buffer land, and (2) 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.
>
> d\. Disposition of such land under (a) (b) or (c) 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.

**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

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  Airport Assurances (3/2005)         13

                                      
  ----------------------------------- -----------------------------------

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).

**38. Hangar Construction.** If the airport owner or operator and a
person who owns an aircraft

agree that a hangar is to be constructed at the airport for the aircraft
at the aircraft owner's

expense, the airport owner or operator will grant to the aircraft owner
for the hangar a long

term lease that is subject to such terms and conditions on the hangar as
the airport owner or

operator may impose.

**39. Competitive Access.**

> a\. If the airport owner or operator of a medium or large hub airport
> (as
>
> defined in section 47102 of title 49, U.S.C.) has been unable to
>
> accommodate one or more requests by an air carrier for access to gates
> or
>
> other facilities at that airport in order to allow the air carrier to
> provide
>
> service to the airport or to expand service at the airport, the
> airport owner
>
> or operator shall transmit a report to the Secretary that-
>
> 1\. Describes the requests;
>
> 2\. Provides an explanation as to why the requests could not be
>
> accommodated; and
>
> 3\. Provides a time frame within which, if any, the airport will be
> able
>
> to accommodate the requests.
>
> b\. Such report shall be due on either February 1 or August 1 of each
> year if
>
> the airport has been unable to accommodate the request(s) in the six
> month
>
> period prior to the applicable due date.

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  Airport Assurances (3/2005)         14

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