)C-/5-/;LHOLLAND&HART, 

Office of the Chief Counsel 

Attention: Sharon Long 

AGC- 600 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

November 25, 2015 0 

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Re: Part 16 Complaint: Safer Medical of Montana and George Ackerson v. City 

of Fort Benton, Montana, Chouteau County, Montana, and Chouteau 

County Joint Airport Board 

Dear Ms. Long: 

Pursuant to your phone conversation today with Adrian Miller and the requirement in 14 

CPR §16.13(c), three copies of the original complaint are enclosed. We apologize for the . . mconvemence. 

Sincerely, 

C) ~ }--'-~5.-:..S '-Jj 

Arlene S. Forney 

Assistant to Adrian A Miller 

Enclosures 

8263285_1 

Holland & Hart LLP" 

Phone [406] 252-2166 Fax [406] 252-1669 www.hoHandhart.com 

401 North 31st Street Suite 1500 Billings, MT 59101 Mailing Address P.O. Box 639 Billings, MT 59103"0639 

Aspen Boulder Carson City Colorado Springs De11ver Denver Tech Cellter Billings Boise Cheyenne Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D.C. W 
HOLLAND&HAKLII!J 

VIA CERTIFIED MAILRETURN RECEIPT REQUESTED 

Office of the Chief Counsel 

Attention: FAA Part 16 Docket Clerk 

AGC- 600 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

November 18,2015 

Adrian A. Miller 

Phone (406) 896-4612 

Fax (406) 206-0081 

AAMiller@hollandhart.com 

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Re: Part 16 Complaint: Safer Medical of Montana and George Ackerson v. City of Fort 

Benton, Montana, Chouteau County, Montana, and Chouteau County Joint Airport 

Board 

To whom it may concern: 

Pursuant to 14 C.F.R. § 16.23, Safer Medical of Montana ("Safer Medical") and George 

Ackerson ("Ackerson") (together, "Complainants") file this complaint against the City of Fort 

Benton, Montana (the "City") and Chouteau County, Montana (the "County"), as the sponsors of 

the Fort Benton Airport (the "Airport"), and the Chouteau County Joint Airport Board (the 

"Board"), as the operator of the Airport. All communications with respect to this complaint 

should be addressed to: Adrian Miller, Holland & Hart LLP, 401 N. 31st Street, Suite 1500, 

Billings, MT, 59101, aamiller@hollandhart.com, (406) 252-2166. The undersigned, Adrian 

Miller, represents Complainants. 

A. Factual Background 

1. The City is a municipality located in Montana and organized and existing under 

the laws of the State of Montana. 

2, The County is a political subdivision of the State of Montana organized and 

existing under the laws of the State of Montana. 

3. The City and County are joint sponsors of the Airport. The Board manages and 

operates the Airport. 

4. The Airport is located outside the city limits of the City with an address of 

35 Signal Point Road, Fort Benton, Montana 59442. 

Holland&Hart LLP 

Phone (406] 252-2166 Fax [406) 252-1669 www.hollandhart.com 

401 Nortl1 31st Street Suite 1500 Billings, MT 59101 Mailing Address P.n Box 639 Billings, MT 591 03-0639 

Aspen BOulder Olrson City Colorado Sp1ings Denver Denver lech Center Billings Boise Cheyenne Jackson Hale Las Vega> fleno Salt Lake City Santa Fe Washington, DC ~") 
HOLLAND&HART" I') November 18,2015 

Page2 

5. Safer Medical owns a hangar and garage at the Airport (the "Hangar"). 

6. The Hangar sits on land which is owned by the City, but managed by the Board 

(the "Land"). 

7. The Board has leased the land to Ackerson, who is the President of Safer Medical, 

pursuant to a ten-year lease dated February 1, 2013 (the "Lease"). A true and correct copy of the 

Lease is attached hereto as Exhibit A. 

8. The Lease provides for the "privilege or renewal by mutual agreement of the 

parties hereto." 

9. The City and County have accepted grants through the Airport Improvement 

Program ("AlP") of the Federal Aviation Administration ("FAA''), and the Airport is therefore a 

federally obligated airport. 

10. This acceptance of the AlP grants requires the airport sponsors to agree to the 

Airport Sponsor Assurances. 

11. On or around December 1, 2013, Complainants initiated a process to renovate the 

Hangar (the "Project"). 

12. The City, County, and Board had notice of the Project from its initiation and 

throughout construction. 

13. Complainants have spent a substantial amount of money on the Project. 

14. Joe Nye, an Airport Project Manager for the Helena Airport District Office of the 

FAA, attended an April 15,2015 Board meeting where the Project was discussed. 

15. On May 20, 2015, Mr. Nye sent a letter to the City and County informing them 

that they were in violation of certain Airport Sponsor Assurances with respect to the Land (the 

"May 20th Letter"). A true and correct copy of the May 20th Letter is attached hereto as Exhibit 

B. 

16. Among other things, Mr. Nye informed the City and County that granting the 

Lease to Ackerson violated an agreement that the City and County entered into with the FAA in 

1998 (the "1998 Agreement"). A true and correct copy of the 1998 Agreement is attached hereto 

as Exhibit C. 

17. According Section II(A)(4) of the 1998 Agreement, the City and County promised 

to not renew leases for sites near the old runway located in the Southwest portion of the Airport 

as the leases are given up. 
HOLLAND&HART,. IIJ) November 18,2015 

Page 3 

18. The purpose of the 1998 Agreement was to eventually provide for abandonment 

of the Southwest portion of the Airport where the Land is located. 

19. Complainants had no knowledge of the 1998 Agreement. 

20. The 1998 Agreement was not recorded in the Chouteau County Clerk and 

Recorder's Office. 

21. Neither the Board, City, nor County provided any notice to Complainants about 

the 1998 Agreement prior to the Board entering into the Lease. 

22. The May 20th Letter identified additional problems with the Project, including the 

fact that certain features of the Hangar appeared to be for non-aeronautical purposes. For 

example, there was a cabin which "could be occupied for an extended period of time". 

23. There was also a pond on the Land, which Mr. Nye noted was a non-aeronautical 

use. 

24. Mr. Nye also stated that the public could not be on the property for nonaeronautical purposes. 

25. The May 20th Letter suggested that some of the features of the Hangar, such as 

the pond, may be able to remain if the Airport obtained a non-aeronautical use exemption. 

26. However, the Board was told by Mr. Nye in-person that a non-aeronautical use 

exemption would not be given. 

27. The Board, upon the advice of Mr. Nye, did not seek a non-aeronautical use 

exemption for any feature related to the Hangar. 

B. Andy Taylor Hangars 

28. Andy Taylor, the owner and operator of Taylor Aviation, Inc., has several leases 

for land and hangars on the Southwest portion of the Airport, next to where the Hangar is 

located. 

29. Mr. Taylor entered into these leases prior to 1998, and Complainants have been 

told that his leases are "grandfathered." 

30. Mr. Taylor will not have to give up any of his leases. 

31. As long as Mr. Taylor desires to continue his business at the Airport, his leases 

will be renewed. 
HOLLAND&HART~JI!I November 18,2015 

Page4 

32. Mr. Taylor runs a commercial chemical spraying business out of his numerous 

hangars. Mr. Taylor is also a dealer for Monsanto and sells agricultural chemicals commercially. 

As a result, large semis are frequently at his hangars acquiring agricultural chemicals. 

33. Mr. Taylor has renovated his hangars throughout the years. For example, an 

apartment is located in one of his hangars, which allows for overnight stays. 

C. Other Airports in Montana 

34. Several other federally obligated airports in Montana allow non-aeronautical uses 

within their boundaries. 

3 5. Deer Lodge, Montana, has a gravel pit inside the fence at the airport. The gravel 

operation is apparently owned by Bruce Anderson Construction. 

36. Upon information and belief, the Deer Lodge City County Airport has not 

obtained a non-aeronautical use exemption for any property or operation within the airport. 

3 7. The Stanford Airport in Stanford, Montana, has a trailer house inside the fence by 

the runway, in which people reside. 

38. The Stanford Airport has not obtained a non-aeronautical use exemption. 

39. The Livingston Airport in Livingston, Montana, has a single wide trailer house 

right next to the taxiway. 

40. The Livingston Airport has not obtained a non-aeronautical use exemption. 

41. The Liberty County Airport located in Chester, Montana, has a chemical dealer 

right next to the runway. 

42. The Liberty County Airport has not obtained a non-aeronautical use exemption. 

43. The Three Forks Airport located in Three Forks, Montana, has houses right next 

to the runway, and these house have large ponds of water next to them. 

44. The Three Forks Airport has not obtained a non-aeronautical use exemption. 

45. Upon information and belief, the Helena Airport District Office of the FAA is 

aware of these uses and features and has never required any of these airports to apply for or 

obtain a non-aeronautical use exemption. 
HOLLAND&HARTw ~ 

D. Efforts at Pre-Complaint Resolution. 

November 18, 2015 

Page 5 

46. Complainants worked with the Board to address the FAA's concerns in the 

May 20th Letter. 

4 7. Complainants removed a cabin on the property and altered plans for the Project. 

48. Complainants also made promises, in writing, that the Land would not be used for 

non-aeronautical purposes. 

49. In a letter dated June 23, 2015, the Board, with Complainants' cooperation, 

addressed Mr. Nye's concerns (the "June 23rd Letter"). A true and correct copy of the June 23rd 

Letter is attached hereto as Exhibit D. 

50. In the June 23rd Letter, the Board requested that the FAA allow an exemption to 

the 1998 Agreement for the "improper lease" it gave to Complainants so that the Board could 

keep and renew the Lease. 

51. In attempting to come to a resolution with the Board, Complainants mentioned 

several times that many of the features that the FAA was concerned about with Complainants' 

hangar equally applies to Mr. Taylor's hangars. 

52. For example, Mr. Taylor runs a non-aeronautical commercial business of selling 

Monsanto chemicals out of hls hangars. In addition, Mr. Taylor has an apartment where 

individuals stay overnight. 

53. Despite pointing out these facts, neither the City, the County, nor the Board has 

ever done anything to ensure that Mr. Taylor is in compliance with the Airport Assurances. 

54. In the June 23rd Letter, the Board stated that "the CCJAB [Board] intends to 

review and evaluate all of its existing leases to make sure they are compatible with appropriate 

airport operations." 

55. To Complainants' knowledge, such a review has never taken place. 

56. On October I, 2015, Mr. Nye responded and accepted the solutions proposed by 

Complainants and the Board regarding the FAA's concerns. A true and correct copy of this 

email is attached as Exhibit E. 

54. These solutions included removal of a cabin and alteration of several plans for the 

Hangar. 

58. However, Mr. Nye stated that he "will not provide an 'exemption' to the prior 

commitment to extinguish leases in this area." 
HOLLAND&HART, ~ November 18, 2015 

Page 6 

59. As a result, although Mr. Taylor and all other lessees at the Airport have leases 

which are subject to renewal, Complainants' Lease cannot be renewed. 

60. Although Complainants have spent a large amount of money renovating the 

Hangar, they will be effectively prohibited from accessing or utilizing that Hangar in the future. 

E. Violation of Airport Sponsor Assurances 

i. Assurance 22. 

61. Assurance 22 is entitled "Economic Nondiscrimination" and states that the airport 

sponsor "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." 

62. Assurance 22 further provides that "each air carrier using such airport (whether 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 .... " 

63. The City, County, and Board have violated Assurance 22 by discriminating 

economically against Complainants. 

64. Complainants are subject to different rules, regulations, conditions, and rentals 

than other carriers or lessees at the Airport. 

65. Mr. Taylor has several leases which are subject to renewal, and the Board has 

always renewed his leases. In fact, the Board has always renewed any lease when the lessee has 

requested renewal. 

66. Complainants' Lease, although it states that it is subject to renewal, cannot be 

renewed because of the 1998 Agreement. 

67. Complainants are also subject to different rules, regulations, and conditions 

regarding use of their hangar. 

68. Mr. Taylor is allowed to conduct the commercial, non-aeronautical business of 

selling agricultural chemicals out of his hangars. 

69. Complainants are prohibited from using the Hangar for any non-aeronautical use. 
HOLLAND&HART, p J November 18,2015 

Page 7 

70. The City, County, and Board are aware of Mr. Taylor's commercial business and 

have done nothing to ensure that the business complies with the Airport Assurances. 

71. Complainants are also prohibited from having any facility where people could 

stay overnight, and removed a small cabin on the Land in accordance with this requirement. 

72. Mr. Taylor is allowed to have an apartment with sleeping quarters in his hangar. 

ii. Assurance 19. 

73. Assurance 19 states that the airport sponsor will ensure that the airport and all 

facilities "shall be operated at all times in a safe and serviceable condition" and that the sponsor 

"will not cause or permit any activity or action thereon which would interfere with its use for 

airport purposes." 

74. The County, City, and Board are all aware of Mr. Taylor's use of his hangars to 

sell agricultural chemicals. In fact, many times there are large trucks on the Airport at 

Mr. Taylor's hangars obtaining agricultural chemicals. 

75. The County, City, and Board have permitted Mr. Taylor to run a commercial, 

non-aeronautical business at his hangars. 

76. To Complainants' knowledge, the County, City, and Board have never informed 

Mr. Taylor that selling chemicals at the Airport is prohibited as a non-aeronautical use. 

77. Allowing Mr. Taylor to use the Airport for a commercial, non-aeronautical 

business, which attracts large trucks and other public vehicles to the Airport is a violation of 

Assurance 19. 

F. Result of Violations 

78. Complainants have been directly and substantially affected by the failure of the 

City, County, and Board to follow the Airport Assurances. 

79. Because the Board entered into a Lease with Complainants that stated it was 

subject to renewal, Complainants assumed the Lease would be renewed as every other lease at 

the Airport has been. 

80. Complainants invested a significant amount of money in renovating the Hangar 

based upon its assumption that the Lease was subject to renewal. 

81. Complainants also conducted certain construction based upon what Mr. Taylor 

has been allowed to do, with the assumption that they would be allowed to have similar features 

in the Hangar as Mr. Taylor has in his hangars, such as sleeping quarters. 
HOLLAND&HART~'2 November 18, 2015 

Page 8 

82. The failure of the City, County, and Board to adhere to the Airport Assurances in 

its treatment of Complainants has damaged Complainants. 

83. The failure of the FAA to equally apply its regulations, particularly its 

requirement for non-aeronautical use exemptions, to other Montana airports has additionally 

caused Complainants damage. Complainants were aware of and relied upon similar uses in other 

Montana airports when renovating the Hangar. 

G. Relief Songht 

84. Complainants request that the FAA allow the Board to renew the Lease once it 

expires consistent with leases held by Mr. Taylor, who has hangars on the same section of the 

Airport. 

85. Complainants request that the FAA grant them a non-aeronautical use exemption 

for the pond on the Land and for certain features of the Hangar, consistent with the FAA's 

treatment of other airport properties throughout Montana. 

AAM 

Enclosures 

Sincerely, 

()dJyJ/'- )"JJ\)\rAdrian A. Miller 
HOLLAND&HART~~ 

Certificate of Service 

November 18,2015 

Page9 

I hereby certify that 1 have this day caused the foregoing complaint to be served on the 

following persons at the following addresses by first class mail, postage prepaid, with courtesy 

copies by electronic mail: 

1. Jordan Crosby, Ugrin, Alexander, Zadick & Higgins, P.C., #2 Railroad Square, Suite B, 

P.O. Box 1746, Great Falls, MT 59403. Attorney for the City of Fort Benton. 

jyc@uazh.com. 

2. Stephen Gannon, Chouteau County Attorney, 1309 Franklin Street, Fort Benton, MT 

59442. countyattorney19!Zi),gmail.com. 

Dated this 18th day ofNovember, 2015. 
HOLLAND&HAKL~J November 18,2015 

Page 10 

Section 16.13(c} and Section 16.2l(b} Certification 

I hereby certify, pursuant to 14 C.F.R. § 1613(e), that this filing is based on my 

knowledge and information and belief; that this filing is consistent with 14 C.F .R. part 16; that 

the Complaint is warranted by existing law; that this filing is not imposed for any improper 

purpose such as to harass or delay. I also hereby certify, pursuant to 14 C.F.R. § 16.2l(b), that 

substantial and reasonable good faith efforts were made to resolve the disputed matter informally 

prior to this filing (as discussed in the body thereof) and there appears to be no reasonable 

prospect for timely resolution of the disputed. 

Dated this 18th day ofNovember, 2015. 

/---.... \ ' 

l k7JJ,c~- Adiian Miller 

8235636_1 
' . 

CHOUTEAU COUNTY JOINT AIRPORT BOARD 

between 

This 

the 

agreement 

Chouteau 

is 

County 

mad.e and 

Joint 

entered into on ~' ~ Airport Board, of PO Box ~, Fort 

Benton, Ml' 594.42 1 herein referred to aa 11BOARDU, and _ M>'R'----

Qrtwvv I of _Btf f.'ko, /,a lui. &J ~.'fludo..,j fnf . .59!/"i.:Z (full m;riling address) , herein referreci to ao "LBSSl!ll." 

WITNBSBB'l'H• That the BOAliD for an in oonsid.erat ion of tha rant& 

and covemmta he:-:einafter mentioned and to be paid and performed by the 

8aid ~Y of the LRSSBR, has leased. and by these presents does lGaee 

unto the LESSRE, the following deeori.bed area of ground, to-wit~ 

Lot A !!ita I I 1 /2 >' 

1

/1 cJ(yf-L"l.'3_,__ ___ _ 

ae shown on 

the ALPSCO SUrvey plat dra:wn_ of the '!:'art Henton .1\iroort 

Municipal Airport and kept on file by the Chouteau County 

Joint Airport Board. 

Subject to any existing roadways or taxiways used by 

other m$Dlhere o£ the public. said roadways and taxiways 

shall remain open and unobstrtloted at all times ancl 

available for public ue&. 

TO HAV8 AND TO HOLD, the above leased premises to the LBSSEE, its 

administrators and assigns for and during the full 

(_lf!__) yeare from and after the 1st day of 

~~!,.O~.U.UI.Lf-:----• -¥.F;J.tiJ.,:J with the privilege of renewal bY mutual 

agreement of the parties hereto, The leased premiees are leased for 

aviation enterprise& with the ex.oeption that equipnent us&d for th6 

application of ohamioale 1 inoluding ground appliaatora~ may be kept on 

the leased premises, 

And L8SSEBr for its heirs, exeoutors, administrators and assigns 

agrees to and with the BOARD, to pay as rent for th& above mentioned 

premises the- eUil\ of _ 2 _ 1hmdre<l :r1 Q , no I 1 oo - - - - - Dollar& ($-2..70· at) ) per yMr . · in advanoe on or before January l, of 

each year for and during the life of this leaoe. The BOARD may allow 

biannual. pa.ymente~ rn that event~ th• pa.ymente shall he due January 1 

and July ]_ of each year. 

LaSS~~ shall keep and maintain th9 leased premiaes in a reasonably 

olean and neat oondition at all times, shall keep thQ premiaea in a 

good state of repair and shall surrender the pr-emises to the BOARD at 

the expiration of the lease in ae good condition as when received, 

rea.aonahle 'Wiaar and tear excepted. 

EXHIBIT 

page ~ 

A 
In the event the LIISBllll shall fail to PaY the rent provided for 

herein within thirty deys of the due date, the LBSBE!l shall h6 in 

default of this lease and the lease shall be subject to termination. 

The LRBBilll shall also be in default if upon receiving fifteen days 

notice in writing of a failure to comply with any of tha te:rms or 

oonditians of this lea&e, the LESSEE does not OOU'lply with all said 

terms and oond.iticme. At the end of the fifteen day notice period thie 

lease ehall be te:l:minated if the LRBBBB is not in full compliance with 

all of the terms and conditions contained herein. The LBSBBE shall 

i.mmed.:i.ately vaoate the premisee if this lea•• is terminated ae provided 

herein~ 

The BOARD aaswnes no liability for the safety of any property 

LIISBBB may plaoe an eaid pretQisea, nor any loes LBSSliB l!laY suffer by 

reason of fire, theft or windutorm, or any other oauae, LBSSBR having 

fully inBpeoted said premises and having hereby agreed to aOOQpt th•m 

as is and £ully aseum!9d all risks r including environments.~ ri.e'k.a 1 attendant upon the us• o£ eaid premises. 

At all times oovered in the tena:aoy created by thie agreement, 

LBSBmi: shall he and remain primarily liable for all loss or olaime of 

'Whatever nature arising from the operation of or in connection with the 

u•e of the ai~ft and supporting itema stored by LKSSBB within the 

l&aaed premises, and LBSSBli: covenants and agrees to indemnify the 

BOARDt the oounty of Chouteaut and the cities of Fort Benton and or Big 

Sandy, as the oase may be, and hold them harmless in the event of any 

suoh loss or olaim. 

The parties agre• that any member of the BOARD may inspect the 

lea&ed premises at any reaaonable time to determine if LRSSRB is in 

oompliano• with the t•rm• of this agreement. LBSSBE further agrees 

that he will not aseign or sublet his right to the premises :i:n any 

manner without the written oons*D.t of the BOARD. Any euoh una:uthorized 

assignment or aubleaee shall automatioally terminate this lease 

agreement and LI!SBBB "ball be litible to the BOARD for any expeW!Iea, 

including a reaaonable a.tto:rney 1 & feet mioh the BOARD may inour as a 

result 0£ any euoh attempted assignment or sublease. 

That upon the termination of this lease or any rene'WAl thereof the 

BOJUtD reserves the first right to puroi-t_aee any improvements thareon or 

in the alternative tha Lli:SSRR may remove LE.SSB&:' s improvements. therE~on 

within a reasonable time after the termination of said lease or any 

renewal thereof. 

Any and all iltlProvementa to be placed on the above deecribed 

leased premise& are to be a:pproved in writing by the BOARD, and ahall 

comply with all looal, state, and federal regulations and oodes prior 

to construction. 

The LRSSBB agrees to aeeume any and all responsibility for any 

contamination that may ooour on the leas.ed premiaea 1 including 1 but not 

limited to 1 the expenses of olean-up and disposal. 

Any underground tanks located on the leased premises shall meet 

all state and federal oodes or they shall be removed at the LESSER's 

expenee. 

page 2 
LESGKB agrees to comply with any rules and regulations prO<nUlgated 

by the BOARD a& to conatruotion oodee., cleanliness and policing of the 

leas.ed premiaes~ 

The parties agree that time shall be of the asseno-e of this 

agreement. 

In the event that an action ia instituted by either party to 

enforce the terms, provisions 1 and covenants of this agreement, the 

auooessfQl party shall 00 antitle.::i to recover their coste, including 

reaaonabl& attontey 1 s fees. incurred in maintaining or defending said 

action. 

sito Lea...., lgr< __ ,_,, page 3 
U.S. Deporlmsnt 

of Tronspor1olion 

~ederal Avlcflon 

Admlnislra!lon 

May 20.2015 

Daren Schuster. Chairman 

Chouteau County Commissioners 

1308 Frnnklin. P.O. Box 459 

Fort Benton. MT 59442 

J lono1·ahlc Daren Schuslcr: 

Joint 

J dsited 

Airport 

!he Fort 

Bmml 

Bent<lJl 1\irp\>rt on Thursday. April 16. :w 15 to allcnd the Chouteau County 

l\1ceting nnd observe the modifications 

Ackerson. The 

to property lcn5ctl b) George 

r~gnrdin£ compliance 

f'oJiowing di~ct1sses ohst:r\'cd .dcn~ltlpmcnt!L nnd outlines the FAA· s cone~..·ms 

with Airport Sponsor As~unmces. 

The Cily of Fort Henton and Chouteau Coun1y acccplcd grants through the 1\irporl 

Airporl 

lmpn>rcmcnt Progrnm (AlP) for improremcnts m the Fort Henton airpurl. and Fori Benton 

Aiqmn 

is. Ihcrcfnrc. a federally ohligatcd airpnn. The federal inwslmcnts nt the Fort Benton 

rccciw an 

lhun 

mlditionul 

198(> through 2014 total $2.879..151 ant! the Fori Ben ion Airpon is plunncJ to 

nn J\JP gr<.mt 

$I .03 5.0()0 li>r pavement rehaoilitation cllbrl• this year. Acceptance of 

requires the airpm1 spnn~nr ro agree to ccrtnin assurances under the authorizing 

legislntjOII of tJK~ grant prognuns. 

I included a copy of the Airport Sponsor 1\ssurnncc•. 

application and 

\l'hich arc au ached l<l each AlP grant 

incorporut!.!d hy rc!Crcncc into all1\lP grunt ag.rt!cmcnts. Adtlillunul 

Complinncc 

infornmtion rcgmding 

Manual. 

FAA·, compliance progmm can h<: 1\>und in tile FAA Airporl 

Order 5190.6ll. m the wch address listed helm\·: 

Dul'ing the site d~it it hccam~ apparent thai some or the modilicatiom: 

hy Cicorgc t\~.:kcrson may 

to the property leased 

assurances: 

not comply with the Airport Sponsor Assun.mccs. spccillcully 

5. l'rcscn·ing Rights and Powers 

6. Consisten9· wifh Locul Plans 

19. Operation and Maintenance 

20. Hazard Rcmovnl and Mitigation 

2l. ('ompalihle Land (Jsc 

2~. Fcc and Rental Stmcturc 

29. Airport Layout l'l;m 

L"l1\'il"()f}1l1Cilli.il 

:\dtlitiom!l fy. the rropo:;cd modi !it:tUions wcrC' no I pnn·idcd to FA:\ fi..1r rc\"icw tlf ~J!rspucc und 

impacts pri()f 10 COnStruction. 

:\irpurt Sptmsor 

i\S mentioned during lhL' b0~1rd Jll~(:ting. tht 

Board. and 

(City of Fort Benton and C'lmutcnu County). ChtHttcauTounty Jnint Airport 

the I Jelenu ,\irpolis District Oflicc need wwork cl\>s~ly to rrwlve these conccm$. 

8 
take 

Airport 

any 

Sponsor 

action which 

Assurance 5- Prcscn:lng Rights and Powers r~<Jllircs that the Spnnsor Il()l 

or all of the tcnns. contlitions. 

\V()lJid dcprirc them or ully rights and p()\\'crs necC"ssnry tu pcrfhrm unr 

stales that the Sponsor will 

anJ Hs:-;uranccs of cun·cm and prior gmnts. Assun:nK·c 5 ulsn 

claims of right of others which 

promptly 

would 

acquire. extinguish or mmlif)" any outstanding rights or 

this as:mranc~ states 

interl"<!rL' with such pcrf(>mmncc by the Sponsor. Further. 

dispt>sc of any p;trt of 

thai the Sponsor will not sell. lease. encwnhcr. or othcr\\'ist.• transfer tir 

properly map. 

ils tide or Olhcr interests in the propcny shmm '"' !he airpnrt's Exhihit;\ 

Bused on my oh~en·atim1!i und discussions rcganJing putcmial uses nflhc structures. 

that impro\·cmcnls 

it <!ppcar:; 

Spt!dfieally 

to this k<lscd property arc !let up f()r pnssibfc non-aenm;.wlk·al uses. 

appear ((1 he 

the 

SCI 

landscaping and w~ttcr fl:atun .. •. existing hangar tcmmld. ami proposed dcc:k. 

tip for ll(lU-aeronaUiicaJ l\SSCIJ1bfy ofpcopJc. 

com hi ned with 

;\dditiunaJiy. th~ cabin. 

ameni1ks 

. time~ Tht.:s!.! IYJJI."S 

in the remodt.•kd hang<~r. could h~ oecupied for an extended period of 

c..mtlincd bdow, Thcrd(u·c. 

t.lfuscs artl:ct th~ ~rnnsor·s ability lo comply wilh the gnuH assurances 

the Spom;nr may nm be able to meet the terms. cundiliuns. 

a.:-;surum.:l..\S or current anti 

;.md 

prior grants. whkh \\ould he a \'inlution -t1-f 1\ssunmcc 5. 

consisttmi 

Ah'port Sponsor 

with phms 

Assurance 6- Consistcnc}· with Local Plan require's pn>j~c·ts tu he 

\1-fpuhli<.:.ugc-ndcs 

located h) plan Jhr 

I hal are authorized by the Stale in which the proj~ct is 

the dcvclnpmcnt or the area surrounding the airport 

;10-fJOJ0-0.1-1998 

As discussed during 

Gr:mt 

the 

Application 

Chouteau County Joint Airport Hoard meeting. as part of the !\II' 3· 

the Sponsor explicit I~· discussed 

nirpnr(s: runway as 

the use or il>c prc\'ious 

these sites as they arc 

a taxiway 

g.i\'<:n 

and stntcd that ··The CC'Jt\B has ngrccd to not rcnt:w lcw~es ror 

existing site. The CT.It\ll 

up. Thi~ should C\'Cntuulfy pnwidc f{lr I he ab~mclomncnt oft he 

also realizes thm lhc FAA will not participate 

:tt the c~isting. 

in any improvements 

!iilc." 

We understand 

kasc expired. This 

thai !he CC.Ii\B entered inh> a new lcnse wilh Mr. Ackerson utier the pre\ inus 

is contmry lo the l9'l8 agreement. \\'c nlso undcrSlanu 

foflowcd !he J 9()8 agl't.!Ctl1Clll when 

th;uthc CCJ 1\B has 

1998 agreement could he 

<l!Jler Jci.IS:CS ha\'C CXpin:J.. f 11C'OI1SiSICill HppJicalion of" the. 

Nond 

a \"h>lutinn of Airpo1·t Sponsor AsStmmee 12- Economic 

i"'rim ina lion. 

Airport Spon~or Assurance 19- Opcrntion and Maintenance 

operate aU l~tt:ililics which 

requires the Spon:<or In 

arc ncccssnry 

tirm:s in ;:t safC and :-;~..~n·icr.:uhlc 

to scn·t:- the t.ll:ronau1icat users or the airport at ulJ 

~.:undition. Assumncc 19 further requires thnt the Sponsor'' 

not permit any aclh'it} or ncti<m 

ill 

\\hich \nndtl intcr!Crc \\ith its Wic for airport purposes. 

n.:sult 

Penni !ling 

in unsaiC 

t:OilSII'liCtion 

conditions. 

ofnonwacrnnautical us~ f~tdlitks adjacent tn Ui.:=f()Jl~lttlknl r:Ictliti~s c:m 

or nil fh(ll. i:-; 

t\cccss to ;airport facilities b~\ the! gem: raJ puhlic. either in n·hit:le." 

guthcrings and 

it 

the 

signilic~lJll 

larH.lsc<lping 

safL·ty cm1ccm. AdJitiomtlly. Hash kfl h~hind ro/lnwing puhli~ 

anJ water !Catun.~ arc potential\\ 

wtsnfC conditions. Fimt!ly. lht:s~ 

ildlifc nttractnnts can n:suh in 

and dt:p:artur~ ,-;mHtcc 

facilities an: locawd irl th~.~ approach surfac~ f(lr Runway 5 

for Runway ~3. :\1\scmbly of p~ople in this om.! a j$ mH ad\'i:->ilbk. l'sl.! of 

thcst! Htcilitks for non-<.lcmnautical pllhlic !.wrhcring.s h:.1s lht.• polcntinl for creating unsn!l· 
conditions which \\\ltlld h~ o \'iol:ttion ofJ\s~urnncc 19. Creation of potentia! wildlife 

attractams L'<lLJkl nh:;o result in a yiolation of Assurance 19. 

_, 

Finally~ as n rl!mindcr, the proposed rnclhnd of extinguishing leaseholds on the original airport 

dllCS mH appt:ar to ht• occurring as per the J 998 agreement. The inh:nt of this agreement was 

t\\o-fhJcl: To bulance prior Sponsor cnmrniuncnts to tenants in the short-tcnn. and to ensure un 

cfticknt airrort configuration would result by transitioning usc to the new airport"s hangar 

nrc~1 as leases expire. Entering into nc\Y leas~ agreements and failure to extinguish the existing 

Jca:-;cs in the an:n of' the old airport has resulted in the continued. if not increased. nc~rJ n.1r m1 

ineligible 2.9.10 fOnt taxiway which is beginning to !ihnw signs of rapid deterioration. 

Although not digihle fi.>r AlP li.mding. the tnxiway is still part of the airport infrastructure and 

f~ilurc to maintain thi.s ta:\iwuy in a safe and. !-icrYiceahle rmmncr would he considered a 

violation of Assurance ]9. The taXi\\i.l)' should be planned ll.)r rcmlwul in the future as it is in 

the Rum\-ay Pwtcctioll Zone ;.mtl passes through the npproach to Runway 5. 

Airport Sponsor Assurance 20 -llnzard Rcrnoyal and Mitigation requires the- Sponsor to 

take ilpproprint~ action lO Jll"OICCI airspat:C JlCCCS!'iHf)' ror Oj)Cfttlions i.ll the airport. 

Failure tn prevent tl1c c:;;tnhlishmcm or creation of~irpt)rl hazards. such as the potential 

wildlife tltlractant which may n:sult Ji·om the lumlscaping nnd water li!:.llun: i:-~ contrnry hl this 

nssunu1ec. If it is detcrm ir1..:d that thcs..: fcaturl!"S r.:rcalc a wildli fc attractant. they wm1!d hen 

violation of Assumncc 20. The Sponsor i~ rc~ponsihlc for ensuring any such fcnturcs me 

rcmcdicd. 

Airport Sponsor Assurance 21- Compntibk Lnnd Usc r~quircs the Sponsor to take 

r~miOmlhle actions tn ensure land usc in tile immediate dcinity of the airport i.s compatible 

with nnnnal nirport operations. 

The JcYclopmcnt of non-aeronautical usc areas adjact.:llt to acronuuticnl mcas, the cunstruction 

of lancJsc.o.ping !Caturcs whicl1 rcsuJt in potential wiiJlifc altractant~ and the pott..:ntial for long 

term o<.:cupancy ofth..:o cabin nrc contrary to this Assurance. The- Sponsor is rcspunsihlc f{lr 

laking any rcastnmbi~ action to corrccl existing .situntions.not compatible "ith normal airport 

opcrntiuns. The Sponsor is also rcspnnsihk ihr taking_ any reasonable action lo ensure that 

ftumc dcvck>pmcnt!\ r~rc compntihk with n<1nnal airport operations. 

Airp(lrt Sponsor Assur.;.1nc~ 2-t- Fee nnd Rental Structure requires Sponsors to maintain n 

fee nr1d rcntnl $lfUc1Urt: fllr the ll1cilitics and services at the airport which will rnakl! the airport 

as sl'!f-sustaining as po%ihlc. 

Nnn-acmnmrticnl h:ascs {1rnirpm1 property must he appron':d hy the FAA and 11rc rcquir.¢d to 

he at IUir market \·allh:. at <I minimum. Pcrmilling lcns~..:s for non-ucronmnic~ll uses at less than 

fair rm.trkct value mlcs i!-1 cnntmry to this Assun.mcc. The Sponsor is responsible ror cnlluming 

·existing kasc.s. knsc rates. and pnlpl.!rty uscs to ensure the appropriate JCc and rental stnu.:.ture 

is in rlucc. 

Airport Sponsor Assurance 29- Airpor1 La:· out Plan r~quircs the Sponsor to m:tintuin un 

up to t.hll~ Airport l.;tyout Plan (i\I.P) .showing propt:rty houndarics and uses {aL'Tonautic and 

non-ucronmllic). Thi.s assurance furtht.'r ddines lhc r!.!spnnsiOility lo n.:mcUy chang.t!."i or 

nhcn.uinns ln airport facilities \\}Jich an: not in conJbm1it) \\ith the appro\"Cd ALP. 
~one of' the pwpcrt)' where the recent ulicmtions ha\'c occt>rrcd has been released lhr nonncmnnutic usc. The Sponsor must obtain F /\A appro\'al to rd~ase property thr nonaemmn>ticalusc. as outlined in Chapter 22 of the FAA Airport Compliance Mnnunl. Order 

5190.6R The Sponsor is responsible f(>r ensuring thn1 development on the airport is in 

confhrnmncc \lith its nppwvcd i\l.I'. 

Husl!d on the dcvclnpmcnlobser\'ctl. discussiLms regarding potcnlialuscs oftht! structures 

(including ovcn1ight stays and weddings). and a prel'ious Gr!lnl Assurance ,·iolation resulting 

Ji·mn un ())l airport hangar being used as rcsitkncc llt the Big Sandy Airport. the lldcnn ADO is 

wry concerned with the recent· and pmpt)scd del'elopmcnts on the prt>perty lensed by Mt·. 

Ackerson ut the F<>rt Benton ;\irporl. The Sponsor must he uwurc of dcwlnpmcnts and 

impro\'Cillt!nts constructed nn ;tirpol'l propl!11y to ensure cumplh.u1cc \\ ith it$ grant ussw·uncc~c 

FuiJurc to do so <:mild result in a finding of nnn~complitmcc and impuct ICd~rul funding fi1r 

1lnun.' impl'<l\'CI1li!nts. 

Mtachment A to this lel!cr tlisCliSScs the impr<l\·cmcnts to the knscd prnpcrty and includes 

F/\1\ · s rccmnm"mJations lix enl:iuring. compliuncc \\ ith your gmnl ohl igations. Th" llclcnu 

ADO is willing to work with the Fort Benton Airpo>1 Spm1sors as ncccssury to resolve the 

issues di~cusscd herein. \\~c ~llso support any cfJbrts tht: Sponsor is '\illing to make regarding 

cstuhlishmcnt of or rc,·isi .. m to l;ort B~nttllf s airporlm1cs anc.J minimum stundards to ensure 

t·onlinu~d cmnplirmcc with the Airrort Spo11~or Assunmcc.~t. 

Please pnwidc me\\ ith a rcsptmsc lo lhis lctll!r within .t-5 calcnc.lar Uuy!'i cxpluining how the 

City (lf Furl Benton and Chnutcnu Cnunly plan to addrt.:"ss th~~s~ critical issue!-!. If you \\ ould 

lil;c 1<> tliscuss specifics plc<Isc contuct me m (406) 449-5719. 

t\ irport Proj1..-ct l\ fanHg.&:r 

llckn;~ Airport District Oflicc 

r:nclosur~ 

cc: Russ llnnrutl. Chuirmun CC.IAll (viu cmuil) 

ltknticull.c!!cr Sent 1n: 

RidmrJ \lurris. :'.lllyor 

Cit) of Fort llcnlon 

I cO-l Fn111l Strwt. P.O. Box 8 

Fort Henton.~~ r 59442 
t\TTAOIMF.NT A 

The dowlopmoms uhsrnd during tho April 16. 2015 site ,·isit includ~d the hmdscaping watot' 

Ji:L!tt1re un the hmti.sidc c-ntram:e to th~ l~ascd p>rt)pcrty. the cabin fur HYernight stays b,: 

tl'ansknt pilots. the Qunnset building CilllStructcd ndjaccn1 w the cxi:;;ting. ha11gar. anti th~ 

,.,,model work acc<>mplishcd tu the existing lmngar. Th~ llclcna /\[)0 is :llso awnre of a 

proposal to construct o 40 J(lut by 50 fool deck off the existing hangur. The details associated 

with each ui'thcsc arc as loll<i\\'S. 

Landscaning \Vater Fcatu rc 

As shown in the images bdow . .nlandscaping walt.!r fcatHre has hccn conr-;tructl!d on the 

l;111dsidc cntr\' area lo l'v1r. Ackcrson'ti lt.!USI.'! area. Th~ arl!a t')fthc wuh.•r li:aturc is 

appmximatciy 135 squru·~ yards and crosses th" pmprt1)' access \'in culvct1. At the time (lJ'the 

1·isit only a minimalmnount oi'wat~r was present: howc\'~r it w~s apparent that the 

cunligurati<lll may be planned fill· as a '' ntcrlaii/I(,Lmtnin. 

This water J'caturc is not shown <lll the npprowd Airport Luyuutl'hm. is u non·acronauticnlusc 

or uerommticul property. the constitlcthm occurred in ad\'uncl.!' of any airspnc~ or 

endromncntnl cntluation. and the fCutufC may rl!sult in a wildlift: aumctant. 

The proponent of the ctmstruction pn~jcct ha}l suhmilh:<.l an Em·ironm~..·ntal ('atcgoricul 

Exdusinn Hmn which is hcing anulyzct.l: howc\'cr no acthm rcg.nnHn,g. an airspace anulysis. 

rclca~c ofm!ronautical property f(,r non-ncronmllicnl usc. or Airport Luyoul Plnn tAI.P) 

rc:,·isiun hus hi!cn comme-nced. 

Th~: lldcnu AJJO recommends that the :\iqwrL Sponsor T\!1110\·c the wnter li:uturc to nvoid 

dcn!ioping pt11cnti;ll "ildlifcauractant in the approach path nfuin:ran using Runway 05 1

::!3. If 

th~ Splmsnr dc!oiin.:~ retaining this feature on thl' Hirrort, the foll{\\\lng must tlccur: 

• Comply wilh any rL'1.Juiremcnls resulting from tht.: F,\,\ 's cm·irnnmt.:ntal ~Yiew. 

• ,\ \l'i!Jiil\! llazarJ Site Visit (\\'llS\') cumpkl<'tl h) u c~rtili~J hiolt>gist is m1uiml w uctcnnine compliance with;\(' 150'5100-JJB Jla7ardous Wildlife Anmctants On or 

Kcor Airpol'ls. 

• Suhmi1 the results of the \\'JISV to the I !elena ADO for'"' ie11. 

• Should the \\'IISV and lkkna ,\[)() rcl'ic\1 ni'thc analysis indioute that the f'-':llure is 

in cmnpliancc with AC J 50'5::W0~33B. complctl! ~n airspace mmlysh: StJ other FA:\ 

lines of business can rcviL'\\ anti comment nn the: proposed tCaturc and il$ lorntion. 

o If there arc nn objections fhun the air~p~tcc tlnalysis. the Sponsor mu:-;t rL'tJlll'St a rdcasc 

llfthe :.m.:a for non~tlcrnnuutic:al usc. This procl!'ss \\ill TClJUirc the Sptmsur to drt.:nninc 
the Fair Market Vtduc tFMV) <If the area. !fa release is grunl<d it will include 

additional prol'isions th:ttthc Sponsor must foliO\\. 

• If the release is grunted. rcYisc the existing lease as r~tJUircd lhr nnn-ocrnnamicnlusc 

und FMV lease rate. 

• Rcl'isc the AI .I' to show the feature. 

Witht>tll these steps. this feature would \'iolmc Assurances 1 9, :!0. ~I. 24. and 29. 

Cabin for 0\'el'lliglu Stan 

:\s sh~n\n in the image w the right. a cuhin has 

been placed on the leased rropcrty. During 

discussion ll'ith Mr. Ackerson ami Jim en lura. 

it wns cxpluincd that the cabin is proposed for 

usl! ns an nn:rnight facility fhr tnmsicnt pilot$. 

Residential use of airport pmpcrty is considered 

incompatible with airport operations. While we 

l'~cogl1iZ\! that ccnnin acronauticuluscs ·such 

us cnnmtcrdul uir taxi. charter. and medical 

cn1ctmlion ser\'ic~s · may lnw~ a ncc.!d for 

limited and shnrt·L~rm Oight crew <Juaners for 

temporary usc. \\C t1rc not awurc nf this nl!cd at 

Fort B~nlon. Also. the cabin. combined with 

umcn it ics in the I'Ctllodcktl hangar. could result 

in an c:xtcnUcd occurmncy. 

'l'hc II elena ADO I'Cconunends 

airport. Otherwise. 

that the Airpui'L Sponsor hm·c this stntclurc rcmowd !rom the 

I 'J. 

this slmcture would ,·iolatc Assurances 21 and 29. and possibly Assurance 

Quonset llu ilding 

As shown in th~ imng~ lo lhc right. a Quonset 

building has h\!en plnc~!U on the: J~ascd pnlpt:rt). 

During discussion with ~·lr. !\ck.:rson and Mr. 

Crlfnm il \\I.IS ~.:xpJuill(!d that the structur~ Will he 

used w slorc ain:ruJi rdmcd equipment <l'i \\CfJ as 

snwllcr aircrnli. 

The Quons~t hui!ding is JHll :<.htm non the nppnJ\"I.'d 

;\irpnli Layou1 Plm1. the conswuctiun occurn:d in 

mfnmcc nf nn y air$pacc or cm·imnml.!ntnl c\·aluation. 

\\ 

Bas~U 

il I t:<Ji 

nn 

nch.k· 

the 

wilh 

proposed usc JcscrihcJ b;. Mr. :\ckersnn and !\·lr. 0~1 Jura it dn(!s nppcar thai this 

the ddlnil inn of an a~mmlutical u.s~ as it pro,·idcs services invol\'ing 

t)pl.'mtion of nircrilft or flight support t.!ircc·tl~ I'C'Intl'd to uirc:raft opt!rution. 

I h~ proponenl 

(.'nnstruction 

t>i' I he con~ll'liCiion prvjccl h"s suhmiucd a l'on11 7460-1 1\oticc oi' Proposed 

fonn "hldt arc 

to initiate the airspace r~\-ic.w as wt:ll ;as an EnYimnm~nttd ('atcgmical I:xclusion 

htHh P~ing nnaly,~J. :\llhough no fonnal action r~garding the rcquin:~..l :\irpurt 
7 

Layout Phm n"·ision has commenced. the Chouteau County Joint Airport Bonrd indicated that 

the structure can most likely be included nn the Airport l.ay<Hit Plan update acc<)lllplishcd as 

part of the 21 05 pm ·cmcnt rehabilitation project. 

The llclcna ADO rceunuuends that the Airport Sp11nsor evaluate the determination ,,r the 

airspace and ~n\'ironmc11tol unalyscs curr4.!"nlly underway. ~nsurc usc remains in cnmplinncc 

· with the aeronautical delinitiun. and assuming no mh·crsc findings, proceed with the structllfes 

inclusion on the next Airportl.nyout Plan update. 

In 1998. significant All' il111ds were inwstc-d in the new apn>n and hangar taxiluncs 1\ith the 

umkrstanding that the hangar •trea on the old airport \mUid cwntually he ahmtdoned. The 

Sponsor has requested additional AlP limds this year to rehanilitatc the apn111 and hangar 

wxilun~s developed in I 998. FAA 1\ ill need to c,·uluatc the usc of All' limds for the nc\\ 

apron untl hangar ta:dJancs ifth~ Sponsor is going to C(.111tinw.: lo dc\'dOp the olc.l aiJTIUI1 hangar 

ur~.:i.t. 

Exisling llungnr Remodel 

Based on cYnluntinn of historic acri~tl inmgc5. it docs not appl!ar that the cxistitlg hungnr 

ll>olprint has been altcr<d: howc,·cr it is apparent that signilicuntmodilicutions 1\1 the interit>r 

of the structut'e haw occtuTed. These inclmk a remodeled dining/kitchen urea. refinished 

aircran storage urcu. mJdition of a pilot Joungc in the raJlcrs ubovc the aircmtl storage urcn. and 

refinished tonl/snmiJ aircraft storage area. As no changes to the htmgar"s lhot print or 

dcvations ha\'c nccurrcd, an Airport l.ayout Plan update is not rcquircd.Ju'm•idec/ no c!umgz.• 

Ji-tnn aeromwlic fa non-w.•rmumtit· use lJccurs. 

Remodeled l>iningfKitchen Area: 1\s sh<m n in 

the image to th~ right, th~ existing building 

contains u remodeled Dining/Kitchen Ar~n. It is 

not clt!ar i r this is a l~atur~ added tn the fitructun: or 

if it is a rcfur-hishmcnt l)fan cxisting.ICatun:. 'l'hc 

dining/kitchen area is approximutcly ~U(l square 

feet which composes upproximmdy I 0'1~ of tho 

ovcrull building lhntprint. The kitchen exceeds that 

nc~tlcd for an O\'cmight stay or flight crew resting 

periml. anc.l lines not appear to b.: wmputiblc with u 

hangnr"s rt!quircd nc:ronm11ical usage~ ~on· 

acrnnauLical usc or long tam nccupancy oflhc 

i'acility would result in \'iolntions of Assurances~ I. 

~4 nnd 29. nnd possibly Assurnncc 19. 

Refinished AircrHfl Storage Area: ,\s shown in 

thl.! image to the righl. lhl' existing aircratl storage 

arc~1 has hc..:n rcfurhishcd .. l.hi~ aircraH storage 

'""" is npproximatdy 2.600 squaro f<<t "hich 

compm;cs approximately 65% nffhe on:rall 

building lt1otprint. 
Airemfl storage is nn nerom.lutkal us!!. lltm·c\'er. it nppl!"ars that improv.:m~:nts W this l~u:i~J 

pn>pC11Y nrc setup fi>r possihlc non-~eronnuticnl uses gil·en 1hc mawl'ials which hnYc been ust'd in this area. NoJl-a.~ronnuticul usc oftlw Jllcility would r('sult in ,·iolations ofAssurunccs 

21.24 and 29. unJ possibly Assuruncc 19. 

Pilot Lounge in Rafters: ,\s shtl\\ n in lhc 

imag~ to the rig.hl. a .. pilot loung~" has hccn 

construclcJ inlhc raficrs nflhc uircral\ sl<mtgc 

area. This Jocs m111nkc up any uf the building"s 

fool print. bul rulhcr uses lhc space arniluhlc in 

the trusses. 

Gh·cn I he inl(mnation avuiluhlc for ADO 

consideration. it is 1101 apparent what purpose the 

nrcn bci ng remodeled will scrw. !I ttppcttrs that 

improl'cmcnls In this lensed property nrc sci up 

f(lr possibll' non .. a~·nmauticul uses. ~onncrormutical use of the fadHtv C{~uiU rcs\llt in \'it>lations of Assunmccs .21. 2..J and 29. and possihly Assurance 19. Furthermore. use of the 

space tls n pilot's lounge will increase usc of'lhc old airport hangar area. contmry to the 1998 

ngrecmcnl. 

Tool/Small Airrrnfl Storag<· Area: As shtl\lll 

hl the right. thL' C:\isting shop ~pace is i1l l111..• 

process of being refurbished. This tooJ!smnll 

aircmtl ~Wrage arcn is approxim~Hcly I ~000 

.5tjliHI't.:' reel \\ hich C0111pt>SL'S approximat-..•l_r ~5°·o 

or thl' 0\CJ'<tll building footprint. Discussions. 

11ith \\-fr. Ackerson and 1\fr. O'llara indicated 

thnl this area is rrnroscd tu ht! usee.] i(lr storngc 

of ait·craH tools. aircmn pm1s. und one- small 

aircraft. 

(ih·cn th~ inJ(mmltion avuilubk fi1r ADO 

cnusiJcnnit111. it appc~m.; thut this portion oflhc 

structun: cmnplics ''itlllht! H..:ronautic usc reljuirl!mcnt hll\\'CYcr. the J\f)() is cnnccmcd thut 

tile nmtcriuls wbieh have hccn used in this ;;~rei\ nrc not those typicnll~ associated\\ ith 

aeronautical us~. l\'orHJcronauticul usc nf th~ facility cou!J r~suH in Yiolutions of Assuranc~:-; 

21. 2~ nnd 29. and possihly Assurance 19. 

Proposed 40 font by 50 forJt Deck: The I !elena ,\DO rccciwd a 7460-1 1\:t>tirc of l'mposcd 

('onstruction mH1 ('atc-goril'nl f:xclusion document for ronslruclinn <i:fa ::.000 squnn:: l(,ot deck 

off or 1\lr. AckcrNon·!'i hang~tr. Tht:l:-:l' Um:uml..'nts arc bdng cntluulcd for p1Jtcntial airspace uml 

cndronmcntul impucts. \\'c htli'C been llJ' iscd that the deck "iII he used to shield small 

nin.:run from mh crsl.' cnvirnnmt..'llta[ conditions: hnwc\·cr w~· urt.~ conccmcd that the _prop~lscd 

deck's primary purpose is to ~enc ns a gnthcring lot:ation fhr mm-nd·nrlmuic::d purposes. Non~ 

acronuutic~1l ti$C of the fncility n1uld rc:-:ult in \iolntions of :\s!oiuranccs 21. :!..J and ~9. and 

po:-;sihly :\ssur:.u1n' 19. Furthi.~nnor~. us~ of lh~: deck to shelter nircran will incr~asc usc of th12 

old airport hangar nn::n. cnntmQ loth~ 1998 agreement 
rhe Sponsor must idcnl if)' the proposed usc of the ovtrnlll'lan_gar so·ucturc (including th.: 

proposed deck). cnsur(' it complies\\ ith aeronautic usc requirements. and cTaluatc the 

perl(mnunce 

amenities to n:rify Lhey corrc.spond to the Airpm1's minimum standards or arc required J{H 

of oflicbl duties in mnning a FBO. I fit is found that the hangar dues not meet 

the afbrcmcntionc:d requirements. 

out 

the Sponsor\\ ill he required to lnke t.'OITCctivt! aclions. As 

fined nbon!·. non-aeronautical use- of this hangar wil [ result in sc\'Cr;l1 grant assllrancc 

Airport, 

dolations. which could jeopardize 1\nurc All' 1\mding orimprowments at the Fori Benton 
TO: 

Federal Aviation Administration 

FAA Building, Suite 2 

2725 Sk:vway Drive 

Helena, MT 59602 

ROBERT PECCIA & ASSOCIATES 

TRANSMITTAL LETTER 

Date: June 23, 1998 

Job#: (96-023) 

Attention: Dave Gabbert 

Regarding: Fort Benton Airport 

AlP 3-30-0030-03 

'IRANSMITIED HEREWITJ:I ARE1HE FOlLOWING ITEMS: 

Hem No. Copies Descr-iption 

1 2 Application Jar Federal Funds, signed by Chouteau County & 

City of Fort Benton 

REMARKS: 

Application for Federal Funds based on construction cost estimates, at your request. 

F.IA.tRFORT5\FORTBE.'"i'T\CORRES'PD\9111}(;23DG.lRN . 

cc. Chouteau County Commissioners, City of FoH BentoA, Montana Aeronautics 

& Chouteau County Joint Airport Board 

825 Custer A venue • P.O. Box 5653 " Helena MT • 59604 " Telephone·. (406) 447-5000 • Fax: (406) 447-5036 

I 

I 

I I 
; 

<::::. 

() MB Anorov;li No. OJ4!!-ml4; ,. 

APPLICATION FOR FEDERAL ASSISTANCE ' Date Suhmlncd ,June 22. 1998 Applico1n1 kl~o11tier: AlP 3-30·0030-03 -· 

I. TYPE OF SUBMISSION· .< b-\TEREC'J;JVED llY ST:\TE Stnte Applic<Jtlon hl~nuiler Applh:::.uon Pre:~pplic:uwn 

';r ' 't. 

lil ('emaruction D Constructiofl 

D .'!on-Coll.muction D Non-Construction ' DATE RECEIVED BY FEDE!tti.L Fedem! Jdentlflf:r 

>..(iENCY 

5. APPUCANT INFORMATION 

Legal No.me; OrgnQiza.tionnJ Unit: 

Chouteau County Commi.ssion & City of F~<rt Denton Chouteau County Joint Airport Board 

AJdte.<;.~ (give city, coumy, state, and zip code): Nrune :11Jd telephooc of !he per~on to be contnc!ed on matters 

involving Ibis applicntion (give <Ue1l code) 

Chouteau County Joinl Airport .Bo.e.rd Gail Stensland, Seeretary P.O. Bo:x 205 

Fort Benton. MT Chouteau Caunty Joint Airport Board 59442 (406) 622·5537 (H) 

6. EMPLOYER IDENTIFlCATION NUMBER WIN): 7. TYPE OF APPLICANT·. (enter npproprlute letter ln box) [ l I - I l I I I I I I I B&C I 

8. TYPE OF APPLlCATJON: A. Stall: H lotlepemJtnt S<ehi.MII Dist 00 Now 0 ContinUJiion 0 Revi~ion ll County I Sl~lt Cnn!ntlltd Jn~tiiUIIIlll tl( Hlgh~r karmn! C.M~IIICi[)lll 1 f'riYal~ UniYci,~IIY 

ffRevi.~ion, enter ttPpropriate le!ter(:;} in box(e.~}: c:::J D, Tnwn~h•p K. lmliM Tribe E. (niU"111Uit 1... lm.llvidu;ll 

F. !nl~munJtlp~l .VI Pmflt Orglllliuuun 

A Jncrea.~e Award 8. Decrea<;e Award C. !ncrea.~e Ourn.tion 0 Specutl Dixtmt :"!. Ot!Jcr (SpcciryJ 

D Deerensll Dut:J.dDI! E. Orher (~pecify); 

JO. CATALOG OF FEDERAL DOMESTIC lz I 0 I I 1 I 0 I 6 I 9. NAME OF FEDERAL AGENCY: 

ASSISTANCE NUMBER; Federal A vial ion Administration TITLE: Airport Improvement Program Hell!ll3 Airport Di..sldct Offiee 

J 2. AREAS AFFECTED BY PROJECf (citje~, c-otmtie.~, ~tnles, l!tc. J: J l. DESCRJPTIVE TITLE OF APPUCANT'S PROJECT; 

Stole: Montana 1. Airport Lnyout Phm Devdopruent 

:Z. Envjronmenul Assessment County: Chouteau 3, Land AcquEition City: Fort Benton 4. Construct RunWil.J' S/.13 

5. Construct Taxiways 

6. Con.slruct Apron 

7. Elec:tric.allmpro1'cments 

J.J. PROPOSED PROJECT: 1-4. CONGRESSIONAL DISTRICTS OF: 

StartD!!.tE: September 1998 Ending D~te June 1999 a. Applico.nt Mont.an.ll Fin.t b. Project Mont...na First 

15. ESTIMATED FUNDlNG: 16.1S APPLICATION SUBJECT TO REVIEW BY STAlE EXECUTIVE ORDER !2372 

PROCESS? 

!l. FerlernJ ' 1,764,000 a. YESO This pr~pplicationlnpplico.Jion wns mode avni.lnble to the srnte executive artier 

12372 process for revew on·. 

b. Applicunt $ 196,000 

c. StDte $ Dnte 

d. Local $ h. NOOO Progrnn is not covered by E.O 12372 

0 or progmm hns not been selected by st.ate for review 

e. Other $ 

f. Progt1llTI Income $ 11. IS THE APPUCANT DELINQUENT ON ANY FEDERAL riEBT7 

g. TOTAL s L960,00o 0 Yes lf"yes," aunch M explnnntion 11<] No 

THE 

JH rn 

GOVERNING 

TIIEilf.ST OF 

BODY 

MY KNOWLEDGE 

OF TilE APPLICANT 

AND BELIEF 

AND 

AU .. DATA l:-1 THJS APPLJCATIONIPRE.AF'"PLICA110N ARE 'rnVEAND CORRECT" TilEDOCVMENT HAS SEEN DULY AUTHO!UZED BY TI!EAPPLICAI'<'TWJLL COMPLYWTTH 11-IE ATTACHED ASSURANCES IF TilE ASSISTANCE IS AWARDED. 

o. Typed Nllfl1e of Authorized Representarive 

John E. WiU, Chainna.n 

Ril:hard Morris, Msyol" 

4!jr'r A?~-re:r1f}omve 

.. PrevJOus Ed1t1 0 ns N ot Usable 

b. Ti1Je 

Chairman, Chootuu County Commis.sion 

Mayor, City ofF oTt B1:1nton 

&/LJ~-

Authorized for l..oc.a.! Re p roducrion 

c. TelephoneNuml)cr 

(406) 622-;1[1~) 

(406) 621-5494 

~- Date Signed 

(',/..:5..:5/M 

Sr.nndard Fon:424 !REV 4--S& ) 

Prescribed by OMB Circuktr A-102 

I 

' 

I 

. 
DEPARTMENT OF TRANSPORTATION- FEDERAL AVIATION ADMINISTRATION 

OMEI NO, BO-fl0184 

':)' PART II 

PROJECT APPROVAL INFORMATION 

SECTION A 

lliillL:L 

Does this assistance request require State, local, 

tegional or other priority rating? 

_Yes _)LNo 

itern 2, 

Does 1his assistance request require State, or local 

advisory, educational or health clearances? 

Yes _L.No 

Item 3. 

boes this assistance request require clearinghouse 

-eview in accordance with OMS Circular A-95? 

__ Yes _LLNo 

1tem 4. 

0oes this ·assistance request require State, local, 

·egional or other planning approval? 

Yes _]LNo 

J!ill]__Q. 

ts the proposed project covered by an apprOved 

comprehensive plan? 

Yes _]LNo 

,tern 6. 

Will the assistance requested serve a federal 

installation? 

Yes _X_No 

1tem?. 

Will the assistance requested be on Federal land 

or installation? 

Yes _)L No 

ItemS. 

Will the assistance requested have an impact or 

effect on the environment? 

_Yes _lLNo 

l!lmJJL 

W!lf the assistance requested cause the displacement 

of individual families, businesses, or farms? 

Yes ---X_ No 

Item 10. 

Is there other related Federal assistance on this 

project previous, pending, or anticipated? 

Yes _LNo 

FAA Form S100·1 00 (6-73) SUPERSEDES FAA FOAM 510~10 PAGES 1 TIHiU 7 

Name of Governing Body-~-------------­

Priority Rating-------------------

Name of Agency or 

Board--------------------

[Attach Documentation) 

[Attach Comments) 

Name of Approving Agency---------------

Date--------------------

Check one: State 

Local 

Regional 

D 

D 

0 

LocaHon of plan--------------------

Name of Federal Installation 

Federal Population benef1tl ng~f;:ro=m:-:P;:r::o-;:je::c--:-1 ----------

Name of Federal Installation--------------

Location of Federal Land-----------------

Percent of Project-------------------

See instruction for addBionallnformation to be 

provided. 

Number of: 

Individuals---------------------

FamHies Business·:e:s---------------------

Farms ____________________________________ __ 

See instructions for additional information to be 

provided. 

Page~ 

I 
0 EP ARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION OMS NO. OH<C209 

' 1 

PART II- SECTION C 

The Sponsor hereby represents and certifies as foHows: 

1, Compatible Land Use. -The Sponsor has taken the following ae1ions to assure compatible usage at land adjacent to or in the 

vicinity of the airport: 

There 

Montana, 

is- currently no .zoning in ef1ect on the rands adjacent to the airport. Although zoning is difficult to enact tn 

the Sponsor understands the importance of compatible land use and wiJJ do everything within their power to 

ensure compatibility. 

2. Defaults. -The Sponsor fs not in default on any obliga!lon to the United States or any agency of the United States Government 

relative to the development, operation, or maintenance of any airport, except as stated herewith: 

None 

3. Possible Disabilities .. There are no facts or circumstances (lncludlng the e)(istence of effective or proposed leases, use 

agreements or olher legal instruments affecting use of !he Airport or the existence of pending Uligaiion or other legal proceedings) 

which in reasonable probabilily might make it impossible for lhe Sponsor to carry out and complete the Project or carry oullhe 

provisions o1 Part Vol this Application, either by limiting its legal or financial ability or o1herwise, except as foltows; 

None 

4. Land.~ (a) The Sponsor holds the following property interest in the lollowing areas of land- which are to be developed or used 

as part of or in connecllon with the Airport, subject to the following exceptions, encumbrances, and adverse Interests, all of which 

areas are identified on the aforementioned property map designated as Exhibit "A'': 

See Exhibit 11 A11 Property Map attached to this grant application. (Will be updated at conclusion of project.) 

Currentry a Righi~Of~Way agr&ement has been signed by the landowner, committing to the sale o11he property necessary 

for the construction of the runway. 

· State character of property interest in each o.rea and Ust and identifi.j for each all exceptions, encumbrances, and adverse 

;,nterests of every kirtd and nature, including liens, easements, leases, etc. The separate areas ofla..nd need only be identifiEd here 

by the area nwnbers shown on the property ma.p. 

FAA Form 51 00-10D {4--76) Pag~: 3a 
DEPARTMENT OF TRANSPORTATION· FEDERAl AVIATION ADMINISTRATION 

PART II· SECTION C (Continued) 

The sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney 

or title company has determined that the Sponsor holds the above property interests. 

(b) The Sponsor will acquire within a reasonable time, but jn any event prior to the start of any con:Struction work under the Project, 

the following property interest in the following areas ot land* on which such construction work is to be performed, a!l of \r\lhich_areas 

are ldentffie-d on the aforemenHoned property map designated as Exhibit "A'': 

(c) 

See Exhibit "A" Property Map attached to this grant application. 

Also, see attached written land purchase agreement between Sponsor and landowner whose property is being acquired. 

The Sponsor will acquire within a reasonable 11me, and if feasible prior to the completion of all construction work under the Project, 

the following property inleresl in the following areas of land' which are to be developed or used as part of or in connection with 

the Airport as it will be upon completion of the Pmjec1, al! of which areas are Identified on the aforementioned property map 

designaled as Exhibit "A": 

None 

5. Exclusive Rights, -There is no grant ot an exclusive right for the conduct of any aeronautical activity at any airport owned or 

controlJed by the Sponsor except as follows: 

None 

~ State character of property interest in each area and list Wld identify for each all exceptions, encu.mbrwlces, Qlld adverse 

[nterests q.f every kind aru:i nat:u.re, ir1LcWding liens, easements, leases, ere. The separate areas qfland need only be identified. here 

by the area numbers shown on the property map. 

.':::.AA Form 5100-1 oo (4-76) Page 3b 
JJ.E:PAH.T.\IENT OF TR;\NSPORT,\1'l0N-FF.DERAL ,\ VfATION ADMINISTRATION OMB NO ~D ROJS4 

' ' ' . ' PART III- BUDGET INFORMATION- CONSTRUCTION 

SECTION A • GENERAL 

I. Federal Domes(lc As~i:aance Cat<:~ log No.,, .. ... . ... ,,, ' ' ... ..... 

2. Functional or Or her Breakoul ... '" -· .. .... -· ... ... .. ,. ' -- ' 20-106 

SECTION B - CALCULATION OF FEDERAL GRANT 

Use only for revisions 

1'otai Cost Classitlcation Liltesr Approved Adjustment Amount 

Amount +or(-) Required 

I. Administrotive expense ($115,953 ltl!ld, SJT,003 ALP, $19910 EA. 614 rnird $ $ $48,480 

2. Preliminary expense 

3, Land, structures. right of way $105,000 

4, Architectural eng:iner.ring basic fees $85,080 

5, Other architectural engineering fees (lndependenl Fee Review) $1,000 

6, Project inspection fees (Estilru!ted) $85,000 

7. Land development 

8. Relocation expenses 

9. Relocation pfiymenl.'i to Individuals and Businesses 

10. Demolition and removal 

11. Construction and project improvement $1,635,440 

12. Equipmem 

13. Miscellaneous 

14. TotaJ (Lines I through J 3) $1,960.000 

15. Estimared Jnc:ome (if applicable) 

16, Net Project Amount (Line J 4 minus 15) $1,960,000 

17, Less: Ineligible Exclusions 

18. Add: Contingencies 

19. Total Project Amount (Excluding RehabiUtat:ion Grants) $1,960,000 

20, Federal Share requested of line 19 $1,764,000 

2). Add RehabHitation Grants Requested (JOO Percent) 

22, Total Federal grant requested (Lines 20 & 21) $1,764,000 

n Grantee share $196,000 

24. Other shares 

25, Tola1 project (Lines 22.23 & 24) $ l $1.960 000 . 

F'AA Fotm 51()0-100 (6-73) SUPERSEDES F'AA FORM 5100-10 J>ag~ I Ti-JRU 'I 
ilEP 't.RT\ff:"NT OF TR.\NSPORTATJON-FF.DgR,\I A Vl,'t.TION r\0\!fNISTRATlON OM B NO HO RGUi4 

I SECTION C -EXCLUSIONS '' ' ' ' 

Clo.ssitic~uion Ineligible for Excluded from 

Participmion Contingency Provision 

26 I I) 12) 

a. $ $ 

b. 

c. 

d, 

e. 

f. 

I P, $ $ 

SECTION D- PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 

Z7. Grantee Share 

a, Securities 

b. Mortgages 

c. Appropriation {By Applicant) 

d, Bonds 

e. T11x. Levie (and State Loan- $14,000) $136,000 

f. Non 0.1sh 

g. Olher {Explain) (State Grant) $60,000 

h. TOTAL~ Grantee share $196,000 

28. Other Shares 

a. State 

b. Other 

c. Total Other Shares 

; 

29. TOTAL $196,000 

' SECTION E- REMARKS 

1) Fort Benton Airport (A.I.P. 3-30-0030-03) Plans and Specifications 

2) Standard DOT Title VI As.surances (See Attached). 

PART IV PROGRAM: NARRATIVE (Attach- See Instructions) 

FAA F{lnn 5JOO.l00 {&-73) SUPERSEDF.5 FAA FORM 5100-10 Page; I THRU 1 '"'' 
•• 'l 

ITEM 

1. 

2. 

'· 

4. 

5. 

"· 

5b. 

l 

i Sc. 

FORT BENTON AIAPOATJMPROVEMENT$ 

A.I.P. 3-30-00JG-03 

DetaUed Breakdown of 

PreliminafY Co.sl Esllmates 

OESCA!PTION 

AIRPORT lAYOUT PLAN D~VELOPME"t<if {TASK ONE} 

---~·-··---~~---.-·-··--···-··········-···~-

ENGINEERING SERVICES 1 LS 

TOTAL (TASK ONE): 

___ ENVIRONMENTAL ... _ .. ____ , ASSESSMENT (TASK TW"D) 

········-----·-...... EA ENGINEERING SERVICES I LS 

EA PUBliC HEARING NOTICE 1 LS 

roNSI AVAILABLE ADVERTI-SEMENT 1 LS 

TQTAL (TASK TWO)! 

LAND ACQUISITION (TASK THREE} 

----···--·····-------.. --·····------.. ·-----· APPRAISAL 1 LS 

REVIEV\1 APPRAISAL 1 LS 

NEGOTIATION 1 LS 

LEGAL LAND SURVEY 1 LS 

FEEACOU!SITION {APPROX 216 AC) 1 LS 

ENGINEERING SERVICES 1 LS 

TOTAL (TASK THAEE): 

AIRPORT DESIGN (TASK FOUR) 

···~---····----·------.·····-··------------·~·-·-··· 

ENGJNEERJNG SEfWICES 1 LS 

INDEPENDENT FEE REVIEW 1 LS 

TOTAL (tASK FOUR); 

AIRPORT CONSTRUCTION (TASK FIVE) 

·----·--·--·--· .. ·--··-·····---··---~---·~-~-" 

CONSTRUCT RUNWAY 5~75' X 43.Clo1 

EXCAVATION AND I:MBANKMENT 72:.000 CY 

JNSTAll18" A.C.P. ·ClASS 1fl 150 LF 

PREFAB GEOCOMPOSJTE EDGE DRAJN 8,760 LF 

Ffl TEA FABRIC J6,606 sv 

SUB-BASE COURSE (B') a,1ao cv 

CRUSHED AGGREGATE BASE COURSE (4') 4,090 CY 

SlnJM!NOUS PRIME COAT 52.5 TON 

BITUMlNOUS SURFACE COURSE (3') fi,210 TON 

ASPHALT CEMENT 20R 435 TON 

PAVEM8ff MARKINGS d,515 SF 

RUNWAY SAFETY AR~A MARKERS 22 EA 

TOPSOIL, SEED, FERTILIZE, & MULCH BO ACRE 

TOTAL 

CONSTRUCT APRON {APPROX. 13,600 S'(} 

EXCAVATION AND EMBANKMENT 7,200 CY 

FILTER FABRIC 1.9,500 sv 

SUB-BASE COURSE (B'l 3,020 CY 

CRUSHED AGGREGATE BASE COURSE (4') 1,SHl CY 

B!'n.JMfNOUS PRIME COAT 20.0 TON 

BITIJMJNOUS SURFACE COURSE (3') 2,355 TON 

ASPHALT CEMENT 20R HiS TON 

TJE-DDWN ANCHORS flO EA 

COAL TAR PITCH EMULSION 100 GAL 

PAVEMENT MARKINGS 2,330 SF 

TOPSOIL, SEtD, FERTILIZE, & MULCH iO ACRE 

TOTAL: 

CONSTRUCT TWO • JUG HANDLE' TURNAROUNDS 

(APPROX. 41

600 S::!) 

INSTALL 1B' R.C.P.- ClASS Ill '200 LF 

FILTER FABRIC ~,602 SY 

SUS.BASE COURSE (8') 1,025 cv 

CRUSHED AGGREGATE BASE COURSE (4') SiD CY 

BITUMINOUS PRIME COAT 6.5 TON 

BrTUMINOUS SURFACE COURSE (3") 755 TON 

ASPHALT CEMEm 20A 55 TON 

PAVEMENT MARKINGS 930 SF 

R8'ROREFLECTIVE TAXIWAY M.4.RKEAS 40 EA 

TOPSOIL, SEED, FERTILIZE,&. MULCH S ACRE 

TOTAL; 

$1 1,00:'3.26 LS $11,003.26 

·--·-···-~-~-

$11,00:3,215 

$19,809.98 LS $i 9,809.98 

$50.00 LS $50.00 

$50.00 LS .... __________ $50.00 

519,909..9.!1 

$1,100.00 LS $1 ,100.00 

$500.00 LS $600,00 

$2,780.00 LS $2,780.00 

$3,500.00 LS $3,500.00 

Sl 05,000.00 LS $105,000.00 

$9,472.81 LS 39,472.61 

---·~-·-···--·--· 

$12.2,~!i2.Bi 

$85,060.00 LS $85,080.00 

$1,000.00 LS ,ji1,000.00 

-----............ __ $86,0&0.00 

$3.00 CY $2"16,000.00 

$50.00 LF $7,500.00 

$4.50 LF $39,420.00 

$i.oo SY $36,80&.00 

$15.00 CY $122.700.00 

$?5.00 CY $102,250.00 

$250.00 TON $13,125.00 

$27.50 TON $170,775.00 

$2toO.Oo TON $104,400.00 

$1.50 SF $6,862.50 

$150.00 EA $3,300.00 

$800.00 ACRE $4a,oav.oo 

$671.138.50 

$J.OO CY $2\,ilOO.OO 

$1.00 SY $'13,600,00 

S15.00 CY $4s,aoc.oo 

$2.5.00 CY $37,750.00 

$250.00 TON $5,000.00 

$2.7.50 TON $64,762.50 

$240.00 TON $39,600.00 

$150.00 EA $9,000.00 

$45.00 GAL $4,500.00 

$1.50 SF $:3,495.00 

SBOO.OO ACRE $B,DDO.OO 

~252,607.50 

$50.00 LF i10,000.00 

$1.00 sv :$4,602.22 

~15.00 CY $15,375.00 

$25.00 CY S12,750.00 

$250.00 TON $1,625.00 

S27..SO TON S20,762.SO 

S240.oo TON $13,200.00 

$1.50 SF $1 ,:l~SJlO 

$50.00 ~A S2,000.00 

$800.00 ACRE $4,000.00 

$65,709.7'2 
FORi BENTON AIRPORT IMPROVEMENTS 

A.I.P, 3·30·1303:0*03 

DelaHed Breakdown of '. Preliminary Cost Esurnates 

REVISED; 22-Jun-98 

iTEM DESCRIPTION 1nern9tb!e 

ctJSIS 

CONSTRUCT CONNEC11NG AND HANGAR ACCESS 

50. I AX!WA YS (APPAOX. 3,005 SYJ 

INSTALL iS' R.C.P.- CLASS Ill 200 LF $50.00 LF $10,000.00 FILTER FABRIC 3,005 SY $!.00 SY $3,005.22 SUB-BASE COURSE {8") 670 CY $15.00 CY $10,050.00 CRUSHED "-GGREGATE BASE COURSE (4'/ 335 CY $25.00 CY $8,375.00 BITUMINOUS PRIME COAT 4.0 TON $2.50.00 TON $1,000.00 anuMINOUS SURFACE COURSE (3') 490 TON $27.50 iON $13,475.00 ASPHALT CEMfNT 20R 35 TON $240.00 ION $8,'100.00 PAVEMENT MARKINGS 820 SF $1.50 SF $1,230.00 

I 

R!:TRCREFLECTIVETAXIWAY MARKERS 12EA $5o.oo EA $600.00 TOPSOIL, SEED, FERllUZE, & MULCH 5 ACRE $800.00 ACf:\E $4,000,00 

TOTAL; ~60,135.22 

5a. ELECTRICAL IMPROVEMENTS 

TOWER .AND BEACON 1 LS $10,000.00 LS $10,000.00 MED.INTENSITY AUh:'\\'f--"UGHTJNG SYS. 1 LS $130,000.00 LS $130,000,00 RUNWAY liGHTS 

TKRESKOLO LIGHTS 

EQUIPMENT ENCLOSURE 

POWER SUPPLY 

REGULATOR 

CONTROLS 

PRECISION APPROACH PATH INDICATOR($) 2EA $14,000.00 EA $28,000,{)0 

GUIDANCE SIGN(S) SEA $1 ,SOO.DO EA $7,500.00 WIND CONE AND SEGMENT€0 CIRCLE 1LS $12,000.00 LS $12,000.00 

TOTAL~ $187,500.00-

51. SECUAITYMIILDLIFE FENCE 

REMOVE EXISTING. FENCE 1,1DOLF $1.00 LF $1,100.00 INSTALL 7 Ff WILDLIFE FENCE 19,1.50 LF $5,00 LF $95,750.00 INSTALL 3-STAAND BARBED WIRE FENCE- INELIGIBLE 5,400 LF $3.00 LF $16,200.00! INSTALL VEHICULAR GATES <EA $1,000.00 EA $4,000.00 

TOTAL: $100,850.00 

5g. CEME:TEIW ACCESS ROAD I RIO CONFIGURE AWTOTW 

EXCAVATION AND EMf3ANKMENT 3,690 CY $3.00 CY $11,070.00 

PULVERIZE ASPHALl 

RUNWAY 15,945 SY $1.00 SY $15,9<15,00 APRON & TAXIWAY 2,160 SY $1.00 SY $2,160.00 PLACEMENT OF PULV. ASPHALT BASE (B'} 2,460 CY $5.00 CY $12,;,oo.w PAVEMENT MARKINGS 1,000 SF $1.50 SF $1,500.00 RETROREFlECTIVE TAXlWAY MARKERS 32 EA $50.00 EA $1,600.00 TOPSOIL, SEED, FERTILIZE, & MULCH 4 ACRE $800.00 ACRE $2,800.00 

TOTAL: $47,375.00 

5h. OTHER 

TOPSOIL, SEED, FERTILIZE, & MULCH 25 ACRE $800.00 ACRE $20,000.00 

ACCESS ROAD (8' PULVERIZED ASPHALT MATERIAL} 475 CY $15.00 CY $7,125.00 

POWER LINE MARKERS 6EA $500.00 EA $3,000.00 

RELOCATE FUEL SYSTEM· INELIGIBLE 1 LS $5,000.00 lS $5,000.00 

TOTAL: $30,125.00 

Si, CONSTRUCTION MANAGEMENT 

' ENGINEERING SERVICES (ES1) 1 LS $85,000.00 lS $65,000.00 

II TOTAL: $85,000,00 

l Sj. TUAF CROSSWIND RUNWAY 

SELECT SEED, FEAT!ltZE. & MULCH - lNEUGIBLE 4 ACRE $800.00 ACRE 53.200.00 I RUNWAY MARKERS INELEIGIBLE SDEA $40.00 EA S1 ,200.00 

TOTAL: S4,'IOO.Oo j ., 

l --------~-··-···----··j 

TOTAL (TASK FIVE): S1 ,72(l.440.95 $25,600.00 ~ ~ 

J 

PROJECT COST I:STlMATE $1,959,1;!87.00 

l PROJECT FEDERAL SHARE (90%) S1,7S3,89B.30 so.oo 

PROJECT LOCAL S~ARE (1 O"f,) Si9s,sea.7o S25,600.QO 

r...,.""'tl"""l>o""~""P'''""''-' 
.. ' 

Fon Benton Airport lmpravemerzr Project 

AlP 3- 30-0030- 03 

FORT BENTON AIRPORT IMPROVEMENTS 

FORT BENTON, MONTANA 

PART IV. PROGRAM NARRATIVE 

L DESCRIPTION OF AIRPORT 

The Fort Benton Airport is located on the northern outskirts of Fort Benton, Montana in Chouteau County. 

The current airport property lies within Sections 12 and 13 of Township 24 North and Range 8 East. 

The existing runway is 3,400-feet long, 75-feet wide, paved, and has a 4122 orientation. North of the runway 

towards the 4 end is an irregular apron of approximately 3,620 square yards with multiple access points. The 

runway has medium-intensity lights along its full length. The threshold lights are approximately 96-feet from 

the 4 end, but the threshold is displaced 300-feet in the other direction from the end of the pavement. At RW 

22, the threshold lights are approximately 11 0-feet from the end of the runway and it is also displaced a 

distance of 350-feet. The airport is not equipped with glide slope indicators on either end of the runway. 

An 2,000-foot long turf taxiway is north east of the paved runway on leased ground. Its orientation is 

essentially east-west There is a somewhat improved area leading from the end of Runway 22 along extended 

centerline to the west end of the turf runway. 

Other facilities and items on the airport premises include: one lighted and one unlighted wind cone, a rotating 

beacon, aircraft hangars, major aircraft repair services, and 1 OOLL (low lead fuel). 

II. PROPOSED IMPROVEMENTS 

Proposed improvements to the Fort Benton Airport include the following: 

L Airport Layout Plan Development. 

2_ Environmental Assessment, 

3. Land Acquisition. 

4. Construct Runway 5/23 _ 

5. Construct Taxiways. 

6. Construct Apron. 

7. Electrical Improvements. 

Apj;licationfor Federal Assistance I 
' '. 

A. DESCRIPTION OF PROJECT 

I. Aif]lort Layout Plan Development 

Fort Benton Airporr lmpro\•emem Projecr 

AlP 3- 30- 0030- 03 

The Chouteau County Joint Aif]lort Board (CCJAB) completed a Master Plan I Site Selection Study 

in 1989. That document recommended relocation of the llirport facilities to the nearby abandoned 

mlJitary reservation. The existing airport site ranked last among six sites considered at that time. The 

CCJAB chose not to undertake construction on the recommended site at that time for vnrious reasons 

including relocation costs of its current facilities. 

Currently, land adjacent to the existing airport has become available. The CCJAB wanted to 

investigate the possibility of expanding to the northeast onto adjoining property. The FAA 

recommended the CCJAB complete a preliminary Airport Layout Plan (ALP) to submit for FAA 

consideration. The CCJAB contracted with Robert Pecci a and Associates of Helena, Montana to 

complete the preliminary ALP. This task was completed with only local funds, but with FAA 

coordination. 

2. Environmental Assessment 

Subsequent to FAA final comments on the ALP, the CCJAB showed its commitment to improving 

the safety at the fort Benton Airport by undertaking and Environmental Assessment (EA) and Land 

Acquisition for the adjacent airport site, with only local funds, 

The EA was completed and coordinated with the FAA. The process followed the required 

environmental documentation and notification procedures. A Finding of No Significant Impact 

(FONS!) was issued by the FAA in November of 1997. 

3. I and Acquisition 

With relatively minor concerns brought forth by the EA, the CCJAB undertook acquisition of the land 

necessary for construction of new facilities north and east of the existing airport, Again, this was 

coordinated with FAA and completed with federal guidelines to ensure future government 

panicipation. This work was again funded by local dollars only. 

Robert Peccia and Associates coordinated the land acquisition process. Richard Cassutt of Fort 

Benton performed the initial appraisal of the property the CCJAB wanted to acquire. Marvin Nelson 

of the AARM Group in Helena, Montana performed the review appraisal and Ed Waldhauser of 

Dubray Land Services in Billings, Montana provided the negotiation services. 

At the time of this Application, the land is in the final phase. The completion of the legal land survey, 

the filing of the Certificate of Survey and the signing of the Certificate of Title are the last remaining 

steps to the completion of the land acquisition process. 1l1e Owner has a written buy-sell agreement 

with the landowner (see attached) and anticipates having clear title within the next month, 

Application for Federal Assistance 2 
.. 

4. Cgnstruct Runway 5/23 

Fort Be~ton Airport lmprovemef2l Project 

AlP 3 · 30. 0030. 03 

The existing runway pavement is quite oJd. It is somewhat oxidized and othenvise weathered and 

cracked. To accommodate existing hangar lease sites, the CCJAB wished to use a portion of this 

runway width as a taxiway to the new runway. The CCJAB has agreed to not renew leases for these 

sites as they are given up. This should eventually provide for the abandonment of the existing site. 

The CCJAB also realizes that the FAA will nor participate in any improvements at the existing site. 

The runway proposed on the ALP will initially be constructed to a length of 4,300-feet and 75-feet 

wide. This will provide for 95% of the small aircraft fleet. The preliminlli}' indication is that the soils 

in this area consist mostly of sands and sandy loam wi.rh an estimated CBR value of 3. For the small 

aircraft fleet the pavemem section thickness would be 16 inches of total thickness (-3" asphalt & -

4" crushed aggregate base course & - ~" subgrade material). Completion of the geotechnical 

investigation will help to refine this estimate. 

"Jug-handle turnarounds" at each of the runway ends are also proposed as part of this project. They 

greatly enhance safety between incoming and departing nircr;tft They can also be used in the future 

as connection points for parallel taxiways. 

5. Construct Taxiways. 

The Aircraft Approach Category B and Airplane Design Group II on Fort Benton Airport's ALP 

warrants 35-foot taxiways. The initial construction phase will likely only incorporate a connection 

taxiway near mid-field to the proposed apron and one section of a hangar access taxiway. Parallel 

taxiways and additional hnngar access taxiways are shown as future developments for the Fort Benton 

Airport. Design of the proposed improvements will be such that future improvements can easily be 

incorporar.ed. (ie .. overall site drainage for the entire facility will be considered in the initial design, 

etc.) 

The connecting taxiway from the west (existing hangar development area) will consist of 35-feet of 

the existing runway pavement. The remainder of the existing runway pavement will be pulverized, 

transported and placed as base/surfacing course for a new access road to the Fort Benton Cemetery. 

6. Construct Apron 

As with the taxiway, the apron has been designed with future conditions in mind. The ALP shows 

the area of apron proposed for this project. It also shows the area anticipated as potential future apron 

expansion. The proposed apron would be approximately 13,220-square yards. It would provide for 

twenty (20) tie-down positions. 

Gravel road access to the new apron will be provided off the existing County Road, a distance of 

approximately 550 feet. 

AppLication for Federal Assistance 

3 
'·) ''I 

Fort Bemor1 Airport Improvement Project 

AlP 3 , 30, 0030 , 03 

7. Electricallmprovemems 

InstaLl New Rotating Beacon and Beacon Tower 

The existing rotating beacon (12- inch) has been adequate for this airport. However, the beacon is 

north of the existing apron area and needs to be located in an area in closer to the proposed 

developments to avoid confusing pilots not familiar with the Fort Benton airport. Because of the age 

and condition of the existing beacon, it is proposed to install a new beacon ( L801A) and steel tower 

at the location indicated on the ALP. 

Instail new Medium Intensity Runway Lighting (MlRL) System 

Under this project, a new lighting system is proposed to provide for night operations at the airport. 

The existing system will be abandoned with surface fixtures removed and stockpiled for the Owner's 

use as spare parts or donations to other airports. The new MIRL system will be radio and timer 

controlled with a photocell which will be installed in u can-and-duct system. 

InstaLl new Retrorejlective Markers along Taxiways ,and Apron. 

The edge of all pavement areas beyond the runway, will be delineated by retroref!ective markers (blue 

stakes). 

Install Precision Approach Path Indicators (PAP!) 

Another feature proposed for inclusion in the construction project are glide path indicators. These 

devices are used by incoming pilots for guidance on their ver1ica1 position relative to the ground as 

they approach the runway. PAPI's are included for both the Runway 5 and Runway 23 approaches. 

This improvement will provide the airport with the latest in glide slope equipment which is easy to 

checkl maintain and adjust. 

Install Lighted Guidance Signs 

As per Federal Aviation Administration (FAA) recommendations, a lighted "HOLD" sign will be 

placed on the east side of the taxiway that connects the runway with the apron. As the airport grows, 

or if additional taxiways become part of this project, guidance signs will be used at strategic points, 

as recommended, to aid pilots not familiar with the airport. 

Lighted Wind Cone and Segmented Circle 

Another important tool used by both incoming and departing pilots is a wind direction indicator. This 

project proposes to install a new wind-cone assembly at mid-field across from the apron. To enhance 

the safety of night time operations, this wind cone also needs to be lighted. A segmented circle will 

Applicarionfor Federal Assistance 4 

I 

I 
Fort Benton Airporr lmprovement Project 

AlP 3 · 30 · 0030. 03 

be incorporated to help pilots locate the wind-cone from higher altitudes. 

B. :viETHOD OF ACCOMPLISHMENT 

I. Site Preparation 

This item will consist of the grading of areas under and adjacent to the proposed development. The 

grades have been designed to be compatible with existing, proposed, and future development while 

providing proper drainage. Before beginning the grading, any salvageable topsoil will be removed 

and stockpiled so it can be replaced after the grading and paving operations are completed. 

The graded material will be moved by motorized eanhmoving equipment (scrapers. bulldozers, dump 

trucks, etc.) and compacted by conventional methods, The contractor will be required to construct 

haul roads un the project site nnd to maintain them to minimize dust. Excess material not required 

for this project will be disposed of on the airport property, if possible, or hauled off site if not 

possible. 

2. paving 

The new pavement section will include a compacted sub grade, compacted subbase and crushed 

aggregate base course. and bituminous surfacing. The existing paved runway area will be 

reconfigured into a taxiway, but not further improved. The base coun;e will be placed and compacted 

by dump trucks and/or belly dumps, rollers, and motor patrols. All paving operations will be 

performed with a paving machine and rollers. 

3. Pavement Markinrs 

Shortly after the paving operation, the pavements will then be marked with FAA specification white 

and yellow paint and be applied at a half-application rate. After the bituminous surface has been 

allowed to cure, the runway, connecting taxiway, and apron will again be marked at a half application 

rate to cover any bleeding that may have occurred. The markings will be in accordance with FAA 

Advisory Circular No. 150/5340-IF. 

4. ElecLrica! 

The electrical items proposed are enumerated above, They will be FAA approved fixtures and 

installed by FAA and manufacturer recommendations. 

Trenching for the cable will be accomplished utilizing a motorized trenching machine. Cable will be 

placed in the trench inside duct in all cases. 

Application for Federal Assistance 5 

i 

i 
Fort Benton Airporr Improvement Projecr 

AlP 3- 30- 0030 • 03 

After placement of the duct and cable, the open trench will be backfilled and compacted. Installation 

of all electrical items will be in accordance with FAA Specifications and with manufacturer's 

recommendations. 

5. Drainage 

Installation of drainage structures and/or ditch lines will be accomplished during the grading phase 

of construction and prior to the placement of pavement. Drainage will be designed to suit the natural 

drainage of the area, and seeding wm be done to assure effective erosion control. 

6. Seeding and Fenilizlnfr 

After the grading has been completed, the stockpiled topsoil will be spread over all areas that have 

been disturbed during the construction process. These areas will then be seeded. fertilized, and 

mulched in accordance with local practices and per the proper FAA specification to provide a grass 

cover that is recommended for and compatible with the area. 

Seeding mixtures which ure equivalent to the native and Conservation Reserve Program grasses will 

be used. 

Application for Federal Assistance 6 
' ~1 

Forr Be.nron Airport improvement Project 

AlP 3 - 30- 0030 · 03 

s.:r.ANDARD DOT TITLE VI ASSURANCES 

Chouteau County and the City of Fort Benton (hereinafter referred to as the Sponsor) hereby 

agrees that as a condition to receiving Federal financial assistance from the Department of 

Transportation (DOT), it will comply with Title VI ofthe Civil Rights Act of 1964 (42 U.S.C. 2000d 

~) and all requirements imposed by 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 (hereinafter referred to as the "Regulations") to the end that no person in the United States 

shall, on the ground of race, color, or national origin, be excluded from participation in, be denied 

the benefits of, or be otherwise subjected to discrimination under any program or activity for which 

the applicant receives Federal financial assistance and will immediately take any measures necessary 

. to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees 

concerning this grant that: 

!. Each "program" and "facility" (as defined in Section 2l.23(a) and 21.23(b)) will be 

conducted or operated in compliance with all requirements of the Regulations. 

2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act 

and the Regulations. 

3. Where Federal financial assistance is received to construct a facility, or part of a facility, the 

assurance shall extend to the entire facility and facilities operated in connection therewith. 

4. Where Federal financial assistance is in the form or for the acquisition of real property or an 

interest in real property, the assurance shall extend to rights to space on, over, or under such 

property. 

5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a 

covenant running with the land, in any future deeds, leases, permits, licenses, and similar 

agreements entered into by the Sponsor with other parties: 

(a) for the subsequent transfer of real property acquired or improved with Federal financial 

assistance under this Project; and 

(b) for the construction or use of or access to space on, over, or under real property acquired 

or improved with Federal fmancial assistance under this Project. 

Application for Federal Assistance 7 

I 

I 

I 

I 
'f '" 

Fort Benron Airpori Improvement Project 

AlP 3- 30-0030 03 

6, This ilssurance obligates the Sponsor for the period during which Federil.l financial assistance 

is extended to the program, except where the 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. 

7. It will provide for such methods of administration for the program as are bound by the 

Secretary of Transportation or the official to whom he delegates specific authority to give 

reasonable guarantee that it, other sponsors, sub-grantees, contractors, subcontractors, 

transferees, successors in interest, and other participants of Federal financial assistance under 

such program will comply with ali requirements imposed or pursuant to the Act, the 

Regulations, and this assurance. 

8. It agrees that the United States has a right to seek judicial enforcement with regard to any 

matter arising under the Act, the Regulations, and this assurance. 

THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial 

assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, 

successors in interest and other participants in the Project. The person or persons whose signatures 

appear below are authorized to sign this assurance on behalf of the Sponsor. 

Dated: /,-J.J -Zf 

Application for Federal Assistance 

John E. Witt, Chairman 

Chouteau County Commission 

Richard Morris, Mayor 

City of Fort Benton 

8 
. ' 

Forl Bemon Airport Improvement Project 

AlP 3- 30- 0030 -1}3 

CONTRACTOR CONTRACTUAL REQUIREMENTS 

ATTACHMENT 1 

During the performance of this contract, the contractor, for itself, its assignees and successors in 

interest (hereinafter referred to as the "contractor") agrees as follows: 

I. Compliance with Regulations. The contractor shall comply with the Regulations relative to 

nondiscrimination in federally assisted programs of the Department of Transportation 

(hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended 

from time to time (hereinafter referred to as the Regulations), which are herein incorporated by 

reference and made a part of this contract. 

2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, 

shall not discriminate on the grounds of race, color, or national origin in the selection and 

retention of subcontractors, including procurements of material and leases of equipment. The 

contractor shall not participate either directly or indirectly in the discrimination prohibited by 

section 21.5 of the Regulations, including employment practices when the contract covers a 

program set forth in Appendix B of the Regulations. 

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all 

solicitations either by competitive bidding or negotiation made by the contractor for work to be 

performed under a subcontract, including procurements of materials or leases of equipment, 

each potential subcontractor or supplier shall be notified by the contractor of the contractor's 

obligations under this contract and the Regulations relative to nondiscrimination on the grounds 

of race, color, or national origin. 

4. Information and Reports. The contractor shall provide all information and reports required by 

the Regulations or directives issued pursuant thereto and shall pennit access to its books, 

records, accounts, other sources of information, and its facilities as may be detennined by the 

Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance 

with such Regulations, orders, and instructions. Where any information required of a contractor 

is in the exclusive possession of another who fails or refuses to furnish this information, the 

contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what 

efforts it has made to obtain the information. 

5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the 

nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions 

as it or the FAA may determine to be appropriate, including, but not limited to: 

Application for Federal Assistance 9 
' . Forr Benton Airport lmprovemenr Project 

AlP 3-30-0030-03 

a. Withholding of payments to the contractor under the contract until the contractor complies, 

and/or 

b. Cancellation, termination. or suspension of the contract. in whole or in part. 

6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 

5 in every subcontract, including procurements of materials and leases of equipment, unless 

exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such 

action with respect to any subcontract or procurement as the sponsor or the FAA may direct as 

a means of enforcing such provisions including sanctions for noncompliance. Provided, 

however, that in the event a contractor becomes involved in, or is threatened with, litigation 

with a subcontractor or supplier as a result of such direction. the contractor may request the 

Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the 

contractor may request the United States to enter into such litigation to protect the interests of 

the United States. 

# 

Applicarionfor Federal Assistance 10 
Fon Benton Airporr Improvement Proje.cl 

AlP 3-30-0030-03 

CLAUSES FOR DEEDS. LICENSES. LEASES, PERMITS 

OR SIMILAR INSTRUMENTS 

ATTACHMENT 2 

The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments 

entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and S(b): 

1, The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal 

representatives, successors in interest, and assigns, as a part of the consideration hereof, 

does hereby covenant and agree (in the case of deeds and leases add "as a covenant running 

with the land") that in the event facilities are constructed, maintained, or otherwise operated 

on the said property described in this (deed, license, lease, permit, etc.) for a purpose for 

which a DOT program or activity is extended or for another purpose involving the provision 

of similar services or benefits. the (grantee, licensee, lessee, permittee, etc.) shall maintain 

and operate such facilities and services in compliance with all other requirements imposes 

pursuant to 49 CFR Pan 21, Nondiscrimination in Federally Assisted Program of the 

Department of Transportation, and as said Regulations may be amended. 

2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his personal 

representatives, successors in interest, and assigns, as a part of the consideration hereof, 

does hereby covenant and agree (in the case of deeds and leases add "as a covenant running 

with the land") that: (I) no person on the grounds of race, color, or national origin shall be 

excluded from participation in, denied the benefits of, or be otherwise subjected to 

discrimination in the use of said facilities, (2) that in the construction of any improvements 

on, over, or under such land and the furnishing of services thereon, no person on the 

grounds of race, color, or national origin shall be excluded from participation in, denied the 

benefits of, or otherwise be subjected to discrimination, and (3) that the (grantee, licensee, 

lessee, permittee, etc.) shall use the premises in compliance with all other requirements 

imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted 

Programs of the Department of Transportation, and as said Regulations may be amended. 

Application for Federal Assistance 11 
Fort Benron Airport !mpro\'ement Project 

AlP 3-30-0030-03 

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS 

AND COOPERATIVE AGREEMENTS 

The undersigned certifies, to the best of his or her knowledge and belief, that: 

I. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to 

any person for influencing or attempting to influence an officer or employee of any agency, a Member 

of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 

connection with the awarding of any Federal contract, the making of any Federal grant. the making 

of any FederaJ loan} the entering into of any cooperative agreement, and the extension. continuation, 

renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 

" If any funds other than Federal npproprioted funds have been paid or will be paid to any person for 

influencing or attempting to influence an officer or employe.e of any agency, a Member of Congress, 

un officer or employee of Congress, or an employee of a Member of Congress in connection with this 

Federal contract. grant~ loan~ or cooperative agreement, the undersigned shnll complete and submlt 

Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its instructions. 

3. The undersigned shall require that the language of this certification be included in the award 

documents for all subawards nt all tiers (including subcontracts, sub grants, and contracts under grants, 

loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 

This certification is a material representation of fact upon which reliance was placed when this 

transaction was made or entered into. Submission of this certification is a prerequisite for making or 

entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to 

file the required certification shall be subject to a civil penalty of notles s than $10,000 and not more 

than $100,000 for each such failure. 

,f!fL-z;Jza John E. Witt, Chairman 

Chouteau County Commission 

Richard Morris, Mayor 

City of Fort Benton 

Application for Federal Assistance. 

Dated: 1;/~&f9 

12 
" 

A. General. 

ASSURAL"'CES 

Airport Sponsors 

1. These assurances shall be complied wilh in the performance of grant agreements for 

airport development. airpon planning, and noise compatibility program grants for airport 

spO[!SOTS. 

2, These assurances are required to be submitted as pan of the project application bv 

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 gram offer of Federal funds for the project. However, there shall 

be no limit on the duration of the assurance against exclusive rights or the tenns. 

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 (1 0) years from the date of acceptance of 

Federal aid for the project. 

3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the giant 

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 shaH 

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

Airport Assurances (5/97) 
Executive Orders: 

Executive Order 11246- Equal Employment Opporruniry1 

Executive Order 11990- Protection of Wetlands 

Executive Order 11998 - FloodPlain Management 

Executive Order 12372- Intergovernmental Review ofFederal Programs. 

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

Building Construction! 

Executive Order 12898 - Environmental Justice 

Federal Regulations: 

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

b. 14 CFRPart 16- Rules of Practice For Federally Assisted 

Airpon Enforcement Proceedings. 

c. 14 CFR Part !50- Airpon noise compatibility planning. 

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

3 

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

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

States.! 

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

covering federally financed and assisted construction (also labor standards 

provisions applicable to nonconstruction contracts subject to the Contract 

Work Hours and Safety Standards Act).l 

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

Employment Opponunity, 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 

1. 49 CFR Part 20- New restrictions on lobbying. 

J. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs ofthe 

Department of Transportation- effectuation of Title VI ofthe Civil Rights 

Act of 1964. 

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

Department of Transportation programs. 

L 49 CFR Part 24- Uniform relocation assistance and real property 

acquisition for Federal and federally assisted programs.! 2 

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

and activities receiving or benefitting from Federal financial assistance. 1 

Airpon Assurances (5/97) 

n. 49 CFR Part 29 - Governmentwide debarment and suspension (nonprocurement) and governmentwide requirements for drug-free workplace 

(grants). 
5 

3. Sponsor Fund Availability. It has sufftcient funds available for that ponion of the project 

costs which are not to be paid by the linited States. It has sufficient funds available to assure 

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

control. 

4. Good Title 

a. It holds good title, satisfactory to the Secretary, to the landing area of the 

airport or site thereof, or will give assurance satisfactory to the Secretary 

that good title will be acquired. 

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

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 

Airpon Assunm<= (5/97) 

ins en 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. 
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 

10. 

major l1lllway 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 

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 cenify 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 Adminisrrator of 

the Environmental Protection Agency, certification shall be obtained from such 

Adminisrrator. Notice of certification or refusal to certify shall be provided wi1hin sixty 

days after the project application has been received by the Secretary. 

1!. 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. [t 

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 

airpon 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. 

Airpon Assurances l5/97) 

1. 
,, 9 

16. Conformity to Plans and Specifications. It will execute the project subject to plans. 

specifications. and schedules approved by the Secret:U:.', Such plans. specifications. and 

schedules shall be sub mined to the Secretary prior to cornmencemem of site preparation. 

construction, or other penormance under this gram agreement. and. upon approval oi the 

Secretary, shall be incorporated into this grant agreement. Any modification to the 

approved plans, specificatio~s, 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 cast and progress reponing by the sponsor 

or sponsors ofstich 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 

penaining 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. [t 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. [twill 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 airpon grant. 

Airpon Assurances (5197) 
11 

21. Compatible Land Use. It will take ;~ppropriate action. including the adoption of zoning 

laws, to the extent reasonable. to restrict the use of land adjacent to orin the immediate 

vicinity ofthe airport to activities and purposes compatible with normal ailllort 

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, ofthe noise compatibility program measures upon which Federal funds have been 

expended. 

22. Economic Nondiscrimination. 

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

terms and without unjust discrimination. to any person. firm. or 

corporation to conduct or to engage in any aeronautical activirv for 

furnishing services to the public at the airport. 

b. In any agreement. contract, lease, or other anangement 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 flxed-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 ai!llort 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 c"arrier at such airport. 

Airport Assurances (5/97) 

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 wh.ich 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. 
13 

24. Fee and Rental Structure. It will maintain a fee and rental strucrure for the facilities 

the 

and services at the airpon which will make the airpon as self-sustaining as possible under I 

circumstances existing at the panicular airport. taking imo account such factors as the 

volume of traffic and economy of collection. No part of the Federal share of an airport 

development, airpon 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 I 970 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 oithe airport; the local airport system: or other local facilities 

which are owned or operated by the owner or operator of the airpon 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, !982, 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 ofthe 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 airpon (and, in the 

case of a public airport, local taxes on aviation fuel) shall not apply. 

b. As pan 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 marmer consistent with Title 49, United States Code and 

any other applicable provision of law, including any regulation promulgated by 

the Secretary or Administrator. 

Airport Assurances (5/97) 

c. Any civil penalties or other santions will be imposed for violation of this 

assurance in accordance with the provisions of Section 4 7107 of Title 49, United 

States Code. 
15 

28. Land for Federal Facilities. It will furnish without cost to the Federal Government for 

use in cormection with any air traffic conrrol or air navigation activities. or weatherreporting 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(!) boundaries of the airport and all proposed additions thereto. 

together with the boundaries of all offsite areas owned or controlled by the 

sponsor for airpon 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 ofthe 

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 (I) 

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. 

Airpon Assurances (5197) 
17 

Further, land purchased with a grant received by an airpon operator or 

owner before December 31, 1987, will be considered to be needed for 

airpon 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 tl)at 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 airpon. 

32. . Engineering and Design Services. It will award each contract. or sub-contract for 

program management. consrruction 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 LX of the Federal Property 

and Administrative Services Act of 1949 or an equivalent qualifications-based 

requirement prescribed for or by the sponsor of the airpon. 

33. Foreign Market Restrictions. It will not allow funds provided under this grant to be 

used to fund any project wllich uses any product or service of a foreign country during the' 

period in wllich such foreign country is.listed by the United States Trade Representative 

as denying fair and equitable market opponunities for products and suppliers of the 

United States in procurement and construction. 

34. Policies, Standards. and Specifications. It will carry our 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, 

datedl?/l/91) 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. (!)It will be guided in acquiring real 

propeny, 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) 1t 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. 

Airport Asruranoes (5/97) 
-'"'' (j': \': 

CHOUTEAU COUNTY 

FORT BENTON AlRPORT 

IUGHT <JF-WAY AGREEMENT 

•• < 

IV/IP!'1)ject A. L P. 3-30-00lO-Ol 

D&SignaDOn: Fon Semon Airport 

Col.Jnty: Ctl01.11UU 

Psroel From Sla1itln To SlaMon S~bdiviston S<>cOion T~hip Range 

5 Nl~ N!A LWi J &. 4, 

fl1SW"%,WY:iSEY. 7 ~"' W.,..,NW%, 

W~EY.NWY. 1! 24N 

Owner: Wo!Ta,. SI'Dthllrs Farms, A Partoei'Shlp 

P. 0. Sex Ul1 

L.Dma. MT 5946(}.0,!1 

1. OWNER IN CONSIOEIIATlON OF THE PAYMENTS ~REIN SET FOOTH AND THE SPECIFIC 

AGREEMENTS TO BE. PeRFORMED BY BOiH PARTTES HERETO ANO Vo/RITTEN IN 1'HI.9 

AGREEM~T. THE PARTIES HERETO BIND THEMSELVES TO THE. TERMS ANO CONDmoNS S£T 

FORTH HEREIN. NO VERBAL'AGREEEMNTS SHA.U. BE BINDrNG UPON EITHER PARTY AND nilS 

AGREEMENT SHALL BECOMf': EFFtC11VE UPON EXECUTlON BY ChOuteau Gotlmy OR A 

DESIGNATEO RI!.PRESE.NTATWE. 

2. COMPENSATION FOR LAND AND lft.C~OVEMENTS (list ~ and improvementS in tile taldng.} 

2Q.(. 7 actBs agriculturallcmd @I S500.00Jacre = 1 t .8 acres agrtcutt.ural land@ $100.00/ac:re""' 

3. COMl'ENSA TlON FOR DAMAGES 

None 

Tol!!l 

$102,350.00 

$ 1,'tSO.oo 

$103,530.00 

-4: TOTAL COMPENSATION FOR PARCEL .$103,530.00 subj:ec:t to \he eoncfltioos stated Lr!. 5 below. 

5. IT IS UNDERSTOOD AND AGREED Choutu.u Ctn.•Btv SHALL .MAKE THE FOLLOWING 

DISBURSEMENT OF PAYMENT. 

It ls understood anc:IIIQI'HCt ~ the pmloB heret~o. that final payment amot.mt of Uris agmement will 

be based on a 1D be com~led survey of the propert~ to be acquired, using- 5500.00/acre for at~p /III'I(J 11nd 

Sf00.00/11C1"8 forgraziftO &anr:las fDIICP.Vs: 

A Wl:mmt ln1he amount of S less llfll' amount te-quired by the Mortgaoee 

10 be made pay•l*•o Wanat! Brvthe~ Farms. a pattniiU'shlp am mailed to them al P.O. Box 181, 

Loma, MT59480-0111. 

For and in~ of N eomDef1S,ation based oo a final SUIVIIJ the Ia~ agree to exccule a 

deed g~nting fee title tor the lan:::f a~uired. 

NEGOTlATIONS BASED UPON THEAPPI<OIIED Pt.ANS DATED. NIA 

'Non'aJl SnJthOf5 Fli!rm!l. a ~ 

" &U{ ,(Ida~~ 

_. 'lf.t. f' Cu)"""' I04lol 'i lnli. 

\Oa!•l 

) 

('DO: e) 

(Dole) 

(Dote) 
) .. ' ~TRACT 

NO. DESC~IPTlON 

'YEAR 

ACRES BOOK PAGE ACQUlR. 

2 

J 

+ 

5 

JOO 

QUIT CLAlM DE£0 TO 

Cl'iY Of FORT BENTON 

WARRANTY DEED TO 

CITY OF' FORT SENTON 

QUIT CLAIM DEED TO 

CITY OF FORT BENTON 

QUIT CLAIM Ol::ED 

CITY OF FORT BENTON 

FEE SIMPLE 

WORRALl BROTHER'S FARMS 

148 .. 5.06 64 

.... Q.11 81 

211.5 XX 

LENGTHS SHOWN ARE APPROXIMA "IE. 

DISTANCES AND BEARINGS 

TO BE ESTABLISHED DURING 

FINAL NEGOllAllONS. 

0 JOO BOO 

(SCALE IN FEET) 

2fl0 19J8 

81 \94+ 

358 1951 

265 1958 

XXX 191:16 

T: 

SW\iNEW 

SHEET 

z 

0 

t-1-

za: 

1110 

IDA. 

t-!5 

a; oil( 

0 

~ 

6 

6 OF 6 
= 

1. CONTRACTOR SHALL lNSTALL MEDIUM INTENSifY RUNWA'T' LIGI 

fLECTR!CAL SUPPLY & BEACON. 

:•r {P> PULW::RlZED PAVEMENT TO BE REliSEO FOR SURFACING OF N 

& AIRPORT ACCESS ROAD. 

CS) 

ENIED 

~--------------~~--!..lfE FENCE 

ID RUNWAY 

T24N ; RB & R9E 

JOO 0 JOO 600 

(SCALE IN FEET) 

1;1 ~ 0 

m d d m z 'I 

~~ gt 16 

,::J oz 

Zw "< "'1!:: < _, '0 g)o_....Jii: 

i r • ' 

• ~ ~ - < ~ ~ 

0 il 

SHEET 

C1 

OF 
CHOUTEAU COUNTY JOINT AIRPORT BOARD 

P.O. BOX 867 

Joe Nye, PE 

Airport Project Manager 

Helena Airport District Office 

Re: Fort Benton Airport 

Dear Mr. Nye: 

FORT BENTON, MT 59442 

June 23, 2015 

Please consider the following as a response to your May 20, 2015, letter and the concerns and issues 

raised by the Helena Airport District Office ("ADO"). As you are aware, the Chouteau County Joint 

Airport Board ("CCJAB") is a joint board appointed by the Board of County Commissioners of Chouteau 

County, Montana ("County"), the City Council of Fort Benton, Montana ("City"), and the Town Councils 

of the Towns of Big Sandy and Geraldine, Montana. The CCJAB was established to create, develop, 

maintain and operate airport services and other aeronautical facilities at airports located throughout 

Chouteau County. As it relates to the Fort Benton Airport ("Airport"), and federal funding received, the 

County and City are considered Airport Sponsors. 

Initially, please be advised the CCJAB, County, and City take seriously their Assurances and have no 

intent to act in any way that may be seen as a violation of such Assurances. None of these entities 

wish to do anything which could jeopardize funding for the Airport. All involved remain committed to 

collaboratively working with the ADO to make sure there is continued compliance with all Airport 

Sponsor Assurances. We appreciate the dialogue and close working relationship that has already 

occurred between the ADO and CCJAB on these matters. 

Your Jetter raises a number of concerns related to modifications and developments (including proposed) 

to property leased to George Ackerson and Safer Medical (hereafter referred to as "Safer Medical"). 

All parties and their respective legal counsel have spent considerable time discussing these important 

issues. Please be advised that on March 27, 2015, the CCJAB sent a cease and desist notice to Safer 

Medical regarding its work at the subject leased property. Safer Medical has complied with this notice. 

Following the Apri116, 2015 meeting in which you were in attendance, the CCJAB also sent a notice to 

Safer Medical of its default under its lease agreement with the CCJAB, providing a 15-day notice to 

comply with its lease agreement. 

Since receipt of your letter, the parties have been actively engaged in addressing not only your 

concerns, but Safer Medical's deficiencies under its lease agreement. Based on these discussions, 

Safer Medical has agreed to the following: 

• Water feature - Safer Medical drained the water feature/pond of any water the week of June 

15. Safer Medical has further agreed to fill in the water feature and make sure that all necessary 

precautions are taken to prevent any gathering and/or collection of water in thlieilfuiiiit~u!re!!· !!l!!!'!!!!!llllllllllli' 

EXHIBIT 

~~~~~~~~~~~~~ ~ 
• Cabin -the cabin has been removed from the property; 

• Quonset Building -As your letter notes, Safer Medical has filed and is awaiting action on its 

initiation for airspace review, as well as environmental analysis, for this building. Furthermore, 

during your visit to the site, it is the CCJAB's understanding that you took the necessary 

measurements to prepare a "pen and ink" revision to the ALP; 

• Deck- Safer Medical has agreed to abandon any plans for the construction of a deck off the 

hanger; and 

• Permitting/Inspection - Safer Medical has obtained building permits for the project from the 

State of Montana (Permit #s 2015-BLDG0000526 and 2015-BLDG-000527). It will also seek 

the necessary electrical and plumbing permits and has agreed to advise the CCJAB of any 

findings related to such permits and inspection processes. 

The CCJAB has made it clear to Safer Medical that the lease agreement entered between the parties 

will be strictly enforced and that all further improvements by Safer Medical must be approved in writing 

by the CCJAB and must comply with all local, state, and federal regulations and codes prior to 

commencement. The CCJAB has also reiterated the necessity for Safer Medica·! to follow all FAA 

requirements, including airspace reviews and environmental impacts, if any further action or 

developments are taken in the future. 

Your letter also addresses concerns regarding Safer Medical's intended use of the hangar and leased 

property. The CCJAB has addressed these use issues with Safer Medical. The CCJAB understands 

the ADO's concerns regarding materials used in this area as they are not typically ones associated with 

aeronautical use. For example, most individuals would not chose to install marble on their hangar floor. 

The CCJAB has discussed the use of such materials with Safer Medical and has been advised the 

installation of such materials merely relates to Safer Medical's ability to realize necessary business 

write-offs and other tax considerations. 

The CCJAB has clearly communicated to Safer Medical that the only proposed use of the overall hangar 

structure will be for aeronautical purposes. It has been made clear, and Safer Medical has expressed 

its understanding, that the property may not be used as a gathering location, allow for the assembly of 

people, or for any other non-aeronautical purpose and that such use is a violation of its lease with the 

CCJAB and in violation of the Airport Assurances. 

To reassure the ADO of Safer Medical's understanding and confirmation of such use, enclosed please 

find correspondence provided by Safer Medical's counsel to the CCJAB confirming a general aviation 

purpose and acknowledging that the property will only be used for aeronautical use only. See Exhibit 

A. We hope this correspondence sufficiently assures the ADO. 

Your letter was a good reminder of the importance of being vigilant regarding the CCJAB's duty to not 

take or pemnit actions which deprives or is contrary to the continued appropriate development and 

promotion of aviation seNices at our airports. The CCJAB is committed to making sure that a consistent 

application of its leases will be followed and that any interference with the ability to perform the 

necessary rights and powers of any or all terms, conditions, and assurances with the FAA, will be 

enforced. Furthermore, the CCJAB intends to review and evaluate all of its existing leases to make 

sure they are compatible with appropriate airport operations. The CCJAB is committed to making sure 
airport 

that its airport facilities are operated and maintained in a way that serves the aeronautical uses of the 

in a safe and serviceable manner. 

Mark 

Lastly, 

Reichelt's 

addressing the 1998 agreement and the subsequent lease with Safer Medical, I will not repeat 

meeting 

and my statements addressing the issue of the improper lease as discussed at our 

in Helena. However, I wish to reiterate the CCJAB's request that the ADO allow an exemption 

from the 1998 agreement for the lease given to Safer Medical. 

the 

I would 

FAA's 

further 

prior 

like to take this opportunity to again request the ADO's review and reconsideration of 

outlined 

position as stated in the 1998 agreement related to the Airport's southwest taxiway. As 

reconsideration 

in the CCJAB's June 3 letter, changes over the past seventeen years necessitate a 

such changes, 

of the planned abandonment of this area of the airport. It is the CCJAB's position that 

and 

a continued increase in use, and the taxiway's importance to the continued development 

southwest 

promotion of aviation at the Airport, necessitates reconsideration of FAA funding to maintain the 

end of the taxiway. 

County, 

I hope the foregoing appropriately and sufficiently addresses the ADO's concerns. The CCJAB, 

discuss 

and City wish to take this opportunity to thank you for your continued willingness to meet and 

these issues as all parties cooperatively work through these important issues. I would request 

that you please advise at your earliest convenience 

and 

if the matters outlined above adequately address 

resolve your concerns. Again, we appreciate the positive dialogue with you and the ADO and look 

f01ward to our continuing relationship. 

or 

If you 

Mark 

have 

Reichelt. 

any questions or if you would like further information, please do not hesitate to contact me 

Thank you. 

Reviewed and approved by: 

City of Fort Benton 

Richard 

ftJJJ~ Morris 

Mayor 

Cc: Adrian Miller 

Jordan Crosby 

SteveGannon 

I Burkland· RPA 

Sincerely, 

Russ Honrud 

Chairman, CCJAB 

Chouteau County Commissioners 

-..J>CI1for1. q s~ Daren Schuster 

Chairman 
HOLLAND&HART .. 

SENT VIA US MAIL 

Chouteau County Joint Airport Board 

Russ Honrud, Chairman 

P.O. Box 867 

Fort Benton, MT 59442 

June 19,2015 

Re: Safer Medical of Montana- Airport Hangar 

Dear Mr. Honrud: 

Adrian A. Miller 

Phone (406) 896-4612 

Fax (406) 206-0081 

AAMiller@hollandhart.com 

As discussed at the meeting of the Chouteau County Joint Airport Board (the "Board") on 

June 19, 20 15, I want to assure the Board that Safer Medical of Montana ("Safer Medical") will 

not use its airport hangar tor non-aeronautical purposes. So long as the hangar remains on land 

which is part of the airport and/or governed by FAA regulations, which appears will be the 

situation tor the indefinite future, Safer Medical will only use it for general aviation purposes. 

This use of the hangar also comports with Safer Medical's obligation to comply with its 

commercial building permits. 

AAM!asf 

cc: Steve Gannon 

Jordan Crosby 

7866821_1 

Holland&Hartul' 

Phone {406) 252-2166 Fax (406] 252-1669 www.hol!andhatt.c:om 

Sincerely, 

(Mfu-- /C.M~ Adrian A. Miller 

401 North 31H Street Sulte 1500 Billings, MT 59101 Mailing Addnm P.O. Sox 6l9 Blllings,MT 59103-Q639 

Asper~ Boulde1 Car'>on Cit, Colorado Spnngs Dem;>r D~r'll'et Tetll Cel\te: Billing$ Hoi5e CheyeMe Jatkson Ho~ L~s Vugas Reno Salt Lake Cily Santa F~ Wcl<hinglon, D.C 0 
Fort Benton 

From: 

Sent: 

To: 

Cc: 

Joe.Nye@faa.gov 

Thursday, October Oi, 2015 2:54 PM 

honrudfarms@yahoo.com 

chouteau@ttc-cmc.net; fbenton@ttc-cmc.net 

Subject: Fort Benton - Response to Letter Dated June 23, 2015 Regarding Ackerson Hanger 

I have received and evaluated the letter you sent on June 23, 2015 regarding the compliance concerns observed during 

my April 16, 2015 site visit. I concur that the proposed corrective actions will address my concerns. 

Water feature- Safer Medical drained and intends to fill this feature to return to original condition. Safer 

Medical submitted a CAT EX which was approved on 7/9/2015which addresses the construction impacts. 

Cabin- The Cabin has been removed. Safer Medical submitted a CAT EX which was approved on 7/9/2015 

which addresses the construction impacts. 

Quonset Building- The Quonset is proposed to remain in place and used for aeronautical purposes only. Safer 

Medical submitted the necessary information for an airspace analysis and the determination was issued on June 

8, 2015. Safer Medical submitted a CAT EX which was approved on 7/9/2015 which addresses the construction 

impacts. Safer Medical provided a letter dated June 19, 2015 committing to aeronautical use only. The ALP has 

been updated via pen and ink; however the ALP revisions being accomplished under AlP 01()..2015 must reflect 

the structure's location. These efforts adequately address FAA concerns. 

Deck- Safer Medical is no longer proposing to proceed with construction of the deck feature on their hangar. 

You asked for an exemption to the 1998 agreement to no longer enter into leases in the area of Mr. Ackerson's 

hangar. It is apparent that the lease with Mr. Ackerson was not entered into with the board's knowledge of this 

commitment. I will not provide an "exemption" to the prior commitment to extinguish leases in this area, but I will 

acknowledge that this was an honest mistake. The lease has now been entered into and the Chouteau County Joint 

Airport Board needs to determine what actions are in the public's best interest. I can support allowing this lease to 

remain in effect until it is prudent for the Sponsorto resolve the situation. This may be at the lease's expiration or 

earlier depending on the language of the lease, relationship with the tenant, or any number of factors. Ultimately, the 

maximum duration of the lease must not exceed those initial terms that were agreed to between Mr. Ackerson and the 

Fort Benton Airport. 

Thank you for your willingness to work through these challenges. If you have any questions or would like to discuss 

specifics feel free to call me. 

Sincerely, 

Joe Nye, PE 

FAA Project Manager 

Helena Airports District Office 

(406) 449-5719 

EXHIBIT 

I E 

1