# Presentation: 762285

## The AIP – F&E   Relationship

- ATO-P Western Service Area

- Warren Ferrell, FAA Financial Programs

- May 2008

## Just as oil and water do not mix...

**+**

**=**

**AIP and F&E funds do not mix**

## Why Not Mix Funding?

**It’s against the LAW! **
**Each Federal Agency has separate Appropriations to fund its work.**
**Typical Appropriations language:**
- SEC. 703. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, _nor may any be transferred to other appropriations, unless expressly so provided herein_.
- SEC. 705. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.
- Specific text above is from TITLE VII GENERAL PROVISIONS of PUBLIC LAW 109–115—NOV. 30, 2005.  TRANSPORTATION, TREASURY, HOUSING AND URBAN DEVELOPMENT, THE JUDICIARY, THE DISTRICT OF COLUMBIA, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2006

## AIP Limits

**Not that we don’t want to & it might make logical sense in some cases, but we simply can’t do it!!**
**See 49 USC Section 47102(3) for specific limits of what we can do relative to “typical” F&E funded work:**
- Installation of a navigation aid or another aid (including a precision approach system) used by aircraft for landing at or taking off from the airport, including preparing the site as required by the acquisition or installation
- relocating after December 31, 1991, an air traffic control tower and any navigational aid (including radar) if the relocation is necessary to carry out a project
- constructing an air traffic control tower or acquiring and installing air traffic control, communications, and related equipment at an air traffic control tower under the terms specified in section _[47124](http://www4.law.cornell.edu/uscode/uscode49/usc_sec_49_00047124----000-.html)_ _[(b)(4)](http://www4.law.cornell.edu/uscode/uscode49/usc_sec_49_00047124----000-.html#b_4)_.
- Our policy says the same, see: Order 5100.38C, paragraph 311k, 502d, 553

## Augmentation

**Illegal supplementation of the budget of a federal program by another federal program**
- Just say no!
- If a project is included in the F&E budget, AIP funds cannot be used on the project
- How about we split the cost?  No!
- AIP requires a useable unit (1/2 the base of a ATCT wouldn’t meet that criteria)
- This doesn’t mean that non-federal funds can’t be used

## What We (ARP) Can Do

**Limited site preparation**
- Incidental work to keep facilities out of RSA
- Must be associated with eligible development (in the area)
**Installation of ducts**
- Must demonstrate that ducts and utilities for F&E facilities can be more economically installed incidental to an AIP construction

- -- Coordination of work is important --

## What We (ARP) Can Do, continued 

**Install a full ILS (still need to bid work)**
**Install navaids to improve minimums**
**Install a PAPI***
**Install an AWOS (it is non-fed)***

- * Equipment is owned by the sponsor and we expect them to properly maintain the equipment

## Takeover versus Maintenance

**Takeover**** is when a 3****rd**** party (ATO) comes in and takes over the ownership (with all it’s responsibilities) equipment they didn’t pay for**
- That’s a no-no, we would be using AIP funds to fund NAS programs
- There is a statutory exception for full ILS’ installed with AIP funds
**Maintenance**** is the responsibility of the owner**
- The owner may contract out with any qualified entity to maintain
- We don’t care about the terms of the agreement (i.e., length and/or cost

## What We (ARP) Can’t Do

**Build an ATCT**
- There are exceptions for Contract Tower locations, but limited to sponsor entitlements and $1.5M annually
**Build your service roads for your facilities**
**Relocate your facilities simply because they are out of tolerance**
**Provide sponsors AIP funds to maintain equipment, regardless of ownership**

## Relocation

**Limited to facilities that **_***PHYSICALLY***_** impede an AIP/PFC funded project**
- We only pay for in-kind replacement (i.e., a 250 sf area would be replaced with a 250 sf area)
- No, your ATCT line-of-sight problem does not qualify for use of AIP funds to relocate.

## Summary

- This brief does not cover every circumstance
- This brief does provide principles to think about
- Just remember when you call, I will always start with no, it will be your job to convince me otherwise

## QUESTIONS

_**FAA Website:**_
**www.faa.gov**

** **_**Regional Airports Website:**_
**www.faa.gov/airports_airtraffic/airports/regional_guidance/northwest_mountain/**

- E-mail: warren.ferrell@faa.gov

- Ph: 425-227-2612