# Appendix 4-E

# Assurances

The following list of 37 assurances apply to development grants for
Airport Sponsors:

**1. General Federal Requirements.**

**2.** **Responsibility and Authority of the Sponsor.**

**3. Sponsor Fund Availability.**

**4. Good Title.**

**5. Preserving Rights and Powers.**

**6.** **Consistency with Local Plans.**

**7.** **Consideration of Local Interest.**

**8.** **Consultation with Users.**

**9. Public Hearings.**

**10. Air and Water Quality Standards.**

**11. Pavement Preventive Maintenance**.

**12. Terminal Development Prerequisites.**

**13. Accounting System, Audit, and Record Keeping Requirements.**

**14. Minimum Wage Rates.**

**15. Veteran\'s Preference.**

**16. Conformity to Plans and Specifications.**

**17. Construction Inspection and Approval.**

**18. Planning Projects.**

**19.** **Operation and Maintenance**.

**20**. **Hazard Removal and Mitigation.**

**21.** **Compatible Land Use.**

**22. Economic Nondiscrimination.**

**23.** **Exclusive Rights.**

**24. Fee and Rental Structure.**

**25. Airport Revenues.**

**26. Reports and Inspections.**

**27.** **Use by Government Aircraft.**

**28. Land for Federal Facilities.**

**29.** **Airport Layout Plan.**

**30.** **Civil Rights.**

**31. Disposal of Land.**

**32. Engineering and Design Services.**

**33. Foreign Market Restrictions.**

**34. Policies, Standards, and Specifications.**

**35. Relocation and Real Property Acquisition.**

**36. Access By Intercity Buses**.

37\. Disadvantaged Business Enterprises.

The above listed assurances can be found in the following 13 pages,
starting in Section C.

**Assurances**

**Airport Sponsors**

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# 

**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]{.underline}.1
>
> c\. Federal Fair Labor Standards Act - 29 U.S.C. 201, [et
> seq.]{.underline}
>
> d\. Hatch Act - 5 U.S.C. 1501, [et seq.]{.underline}2
>
> 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 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 Antikickback 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 Opportunity1

> 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 Construction1

> 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

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 benefitting from Federal
    financial assistance.1

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.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 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.

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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.

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5.  **Preserving Rights and Powers.**

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a.  It will not take or permit any action which would operate to deprive
    it of any of the rights and powers necessary to perform any or all
    of the terms, conditions, and assurances in the grant agreement
    without the written approval of the Secretary, and will act promptly
    to acquire, extinguish or modify any outstanding rights or claims of
    right of others which would interfere with such performance by the
    sponsor. This shall be done in a manner acceptable to the Secretary.

b.  It will not sell, lease, encumber, or otherwise transfer or dispose
    of any part of its title or other interests in the property shown on
    Exhibit A to this application or, for a noise compatibility program
    project, that portion of the property upon which Federal funds have
    been expended, for the duration of the terms, conditions, and
    assurances in the grant agreement without approval by the Secretary.
    If the transferee is found by the Secretary to be eligible under
    Title 49, United States Code, to assume the obligations of the grant
    agreement and to have the power, authority, and financial resources
    to carry out all such obligations, the sponsor shall insert in the
    contract or document transferring or disposing of the sponsor\'s
    interest, and make binding upon the transferee all of the terms,
    conditions, and assurances contained in this grant agreement.

c.  For all noise compatibility program projects which are to be carried
    out by another unit of local government or are on property owned by
    a unit of local government other than the sponsor, it will enter
    into an agreement with that government. Except as otherwise
    specified by the Secretary, that agreement shall obligate that
    government to the same terms, conditions, and assurances that would
    be applicable to it if it applied directly to the FAA for a grant to
    undertake the noise compatibility program project. That agreement
    and changes thereto must be satisfactory to the Secretary. It will
    take steps to enforce this agreement against the local government if
    there is substantial non-compliance with the terms of the agreement.

d.  For noise compatibility program projects to be carried out on
    privately owned property, it will enter into an agreement with the
    owner of that property which includes provisions specified by the
    Secretary. It will take steps to enforce this agreement against the
    property owner whenever there is substantial non-compliance with the
    terms of the agreement.

e.  If the sponsor is a private sponsor, it will take steps satisfactory
    to the Secretary to ensure that the airport will continue to
    function as a public-use airport in accordance with these assurances
    for the duration of these assurances.

f.  If an arrangement is made for management and operation of the
    airport by any agency or person other than the sponsor or an
    employee of the sponsor, the sponsor will reserve sufficient rights
    and authority to insure that the airport will be operated and
    maintained in accordance 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 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.**

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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.

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14. **Minimum Wage Rates.** It shall include, in all contracts in excess
    of \$2,000 for work on any projects funded under the grant agreement
    which involve labor, provisions establishing minimum rates of wages,
    to be predetermined by the Secretary of Labor, in accordance with
    the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which
    contractors shall pay to skilled and unskilled labor, and such
    minimum rates shall be stated in the invitation for bids and shall
    be included in proposals or bids for the work.

15. **Veteran\'s Preference.** It shall include in all contracts for
    work on any project funded under the grant agreement which involve
    labor, such provisions as are necessary to insure that, in the
    employment of labor (except in executive, administrative, and
    supervisory positions), preference shall be given to Veterans of the
    Vietnam era and disabled veterans as defined in Section 47112 of
    Title 49, United States Code. However, this preference shall apply
    only where the individuals are available and qualified to perform
    the work to which the employment relates.

16. **Conformity to Plans and Specifications.** It will execute the
    project subject to plans, specifications, and schedules approved by
    the Secretary. Such plans, specifications, and schedules shall be
    submitted to the Secretary prior to commencement of site
    preparation, construction, or other performance under this grant
    agreement, and, upon approval of the Secretary, shall be
    incorporated into this grant agreement. Any modification to the
    approved plans, specifications, and schedules shall also be subject
    to approval of the Secretary, and incorporated into the grant
    agreement.

**17.** **Construction Inspection and Approval.** It will provide and
maintain competent technical supervision at the construction site
throughout the project to assure that the work conforms to the plans,
specifications, and schedules approved by the Secretary for the project.
It shall subject the construction work on any project contained in an
approved project application to inspection and approval by the Secretary
and such work shall be in accordance with regulations and procedures
prescribed by the Secretary. Such regulations and procedures shall
require such cost and progress reporting by the sponsor or sponsors of
such project as the Secretary shall deem necessary.

18. **Planning Projects.** In carrying out planning projects:

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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

\(3\) 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.**

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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.

e.  Each air carrier using such airport (whether as a tenant, nontenant,
    or subtenant of another air carrier tenant) shall be subject to such
    nondiscriminatory and substantially comparable rules, regulations,
    conditions, rates, fees, rentals, and other charges with respect to
    facilities directly and substantially related to providing air
    transportation as are applicable to all such air carriers which make
    similar use of such airport and utilize similar facilities, subject
    to reasonable classifications such as tenants or nontenants and
    signatory carriers and nonsignatory carriers. Classification or
    status as tenant or signatory shall not be unreasonably withheld by
    any airport provided an air carrier assumes obligations
    substantially similar to those already imposed on air carriers in
    such classification or status.

f\. It will not exercise or grant any right or privilege which operates
to prevent any person, firm, or corporation operating aircraft on the
airport from performing any services on its own aircraft with its own
employees \[including, but not limited to maintenance, repair, and
fueling\] that it may choose to perform.

g\. In the event the sponsor itself exercises any of the rights and
privileges referred to in this assurance, the services 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 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.**

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a.  All revenues generated by the airport and any local taxes on
    aviation fuel established after December 30, 1987, will be expended
    by it for the capital or operating costs of the airport; the local
    airport system; or other local facilities which are owned or
    operated by the owner or operator of the airport and which are
    directly and substantially related to the actual air transportation
    of passengers or property; or for noise mitigation purposes on or
    off the airport. Provided, however, that if covenants or assurances
    in debt obligations issued before September 3, 1982, by the owner or
    operator of the airport, or provisions enacted before September 3,
    1982, in governing statutes controlling the owner or operator\'s
    financing, provide for the use of the revenues from any of the
    airport owner or operator\'s facilities, including the airport, to
    support not only the airport but also the airport owner or
    operator\'s general debt obligations or other facilities, then this
    limitation on the use of all revenues generated by the airport (and,
    in the case of a public airport, local taxes on aviation fuel) shall
    not apply.

b.  As part of the annual audit required under the Single Audit Act of
    1984, the sponsor will direct that the audit will review, and the
    resulting audit report will provide an opinion concerning, the use
    of airport revenue and taxes in paragraph (a), and indicating
    whether funds paid or transferred to the owner or operator are paid
    or transferred in a manner consistent with Title 49, United States
    Code and any other applicable provision of law, including any
    regulation promulgated by the Secretary or Administrator.

c.  Any civil penalties or other sanctions will be imposed for violation
    of this assurance in accordance with the provisions of Section 47107
    of Title 49, United States Code.

**26. Reports and Inspections.** It will:

a.  submit to the Secretary such annual or special financial and
    operations reports as the Secretary may reasonably request and make
    such reports available to the public; make available to the public
    at reasonable times and places a report of the airport budget in a
    format prescribed by the Secretary;

b.  for airport development projects, make the airport and all airport
    records and documents affecting the airport, including deeds,
    leases, operation and use agreements, regulations and other
    instruments, available for inspection by any duly authorized agent
    of the Secretary upon reasonable request;

c.  for noise compatibility program projects, make records and documents
    relating to the project and continued compliance with the terms,
    conditions, and assurances of the grant agreement including deeds,
    leases, agreements, regulations, and other instruments, available
    for inspection by any duly authorized agent of the Secretary upon
    reasonable request; and

d.  in a format and time prescribed by the Secretary, provide to the
    Secretary and make available to the public following each of its
    fiscal years, an annual report listing in detail:

    \(i\) all amounts paid by the airport to any other unit of
    government and the purposes for which each such payment was made;
    and

> \(ii\) all services and property provided by the airport to other
> units of government and the amount of compensation received for
> provision of each such service and property.

**27.** **Use by Government Aircraft.** It will make available all of
the facilities of the airport developed with Federal financial
assistance and all those usable for landing and takeoff of aircraft to
the United States for use by Government aircraft in common with other
aircraft at all times without charge, except, if the use by Government
aircraft is substantial, charge may be made for a reasonable share,
proportional to such use, for the cost of operating and maintaining the
facilities used. Unless otherwise determined by the Secretary, or
otherwise agreed to by the sponsor and the using agency, substantial use
of an airport by Government aircraft will be considered to exist when
operations of such aircraft are in excess of those which, in the opinion
of the Secretary, would unduly interfere with use of the landing areas
by other authorized aircraft, or during any calendar month that-

> a\. Five (5) or more Government aircraft are regularly based at the
> airport or on land adjacent thereto; or
>
> b\. The total number of movements (counting each landing as a
> movement) of Government aircraft is 300 or more, or the gross
> accumulative weight of Government aircraft using the airport (the
> total movement of Government aircraft multiplied by gross weights of
> such aircraft) is in excess of five million pounds.

28. **Land for Federal Facilities.** It will furnish without cost to the
    Federal Government for use in connection with any air traffic
    control or air navigation activities, or weather-reporting and
    communication activities related to air traffic control, any areas
    of land or water, or estate therein, or rights in buildings of the
    sponsor as the Secretary considers necessary or desirable for
    construction, operation, and maintenance at Federal expense of space
    or facilities for such purposes. Such areas or any portion thereof
    will be made available as provided herein within four months after
    receipt of a written request from the Secretary.

> **29.** **Airport Layout Plan.**

a.  It will keep up to date at all times an airport layout plan of the
    airport showing (1) boundaries of the airport and all proposed
    additions thereto, together with the boundaries of all offsite areas
    owned or controlled by the sponsor for airport purposes and proposed
    additions thereto; (2) the location and nature of all existing and
    proposed airport facilities and structures (such as runways,
    taxiways, aprons, terminal buildings, hangars and roads), including
    all proposed extensions and reductions of existing airport
    facilities; and (3) the location of all existing and proposed
    nonaviation areas and of all existing improvements thereon. Such
    airport layout plans and each amendment, revision, or modification
    thereof, shall be subject to the approval of the Secretary which
    approval shall be evidenced by the signature of a duly authorized
    representative of the Secretary on the face of the airport layout
    plan. The sponsor will not make or permit any changes or alterations
    in the airport or any of its facilities which are not in conformity
    with the airport layout plan as approved by the Secretary and which
    might, in the opinion of the Secretary, adversely affect the safety,
    utility or efficiency of the airport.

b\. If a change or 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.**

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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
    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).