[Federal Register Volume 62, Number 105 (Monday, June 2, 1997)]
[Notices]
[Pages 29761-29773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14316]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Airport Improvement Program Grant Assurances; Proposed
Modifications and Opportunity To Comment
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed modification of airport improvement program
grant assurances and of opportunity to comment.
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SUMMARY: The FAA proposes to modify the standard grant assurances
required of a sponsor before receiving a grant under the Airport
Improvement Program (AIP). Pursuant to applicable law, the Secretary of
Transportation is required to provide notice in the Federal Register
and an opportunity for the public to comment upon proposals to modify
the assurances or to require any additional AIP assurances.
These modifications are necessary for two reasons. First, much of
Federal transportation law was repealed and reenacted without
substantive change by enactment of the Codification of Certain U.S.
Transportation Laws as Title 49, United States Code, Public Law 103-
272, 108 Stat. 745 (July 5, 1994). Aviation programs, including the
AIP, are now found in Subtitle VII of Title 49, rather than the
original statutes under which those programs were originally
established. Consequently, statutory citations in the existing grant
assurances are now obsolete and the modifications published here cite
current law. Second, Public Law 103-272 was amended by enactment of the
Federal Aviation Administration Reauthorization Act of 1996, Public Law
104-264 (October 9, 1996) (The 1996 Act), which made substantive
changes to the statutory grant assurances. The modifications to the
grant assurances also incorporate those changes. For ease of reading,
Title 49, Subtitle VII, as amended by the 1996 Act will be cited
throughout the remainder of this notice as Title 49, U.S.C., as
amended. In the actual assurance, however, the reference further
specifies Subtitle VII.
DATES: These proposed modifications to the Grant Assurances will be
effective on an interim basis on the date of publication in the Federal
Register. Comments must be submitted on or before July 2, 1997. Any
revision to the interim assurances which are necessary or appropriate
in response to comments received will be adopted on or before 60 days
after the close of the comment period.
ADDRESSES: Comments may be delivered or mailed to the FAA, Airports
Financial Assistance Division, APP-500, Room 619, 800 Independence
Ave., SW., Washington, DC 20591.
FOR FURTHER INFORMATION CONTACT: Mr. James Borsari (Management and
Program Analyst) Telephone (202) 267-8822.
SUPPLEMENTARY INFORMATION: The Secretary must receive certain
assurances from a sponsor (applicant) seeking financial assistance for
airport planning, airport development, noise compatibility planning or
noise mitigation under Title 49, U.S.C., as amended. These assurances
are submitted as part of a sponsor's application for Federal assistance
and are incorporated into all grant agreements. As need dictates, these
assurances are modified from time to time to reflect new Federal
requirements. Notice of such proposed modifications is published in the
Federal Register and an opportunity provided for comment by the public.
The current assurances were published on February 3, 1988, at 53 FR
3104 and amended on September 6, 1988, at 53 FR 34361, on August 29,
1989, at 54 FR 35748 on June 10, 1994 at 59 FR 30076, and on January 5,
1995, at 60 FR 521.
FAA uses three separate sets of standard assurances: Airport
Sponsors (owners/operators) (Appendix 1); Planning Agency Sponsors
(Appendix 2); and Nonairport Sponsors Undertaking Noise Compatibility
Program Projects (hereinafter referred to as Nonairport Sponsor
Assurances) (Appendix 3). FAA is planning to modify the assurances
currently in effect to reflect the necessary changes. The changes
contained in this paragraph affect all three sets of assurances.
Section C, subsection 1, ``General Federal Requirements, Federal
Regulations'' is amended in each set of assurances to add references to
14 CFR part 13--Investigative and Enforcement Procedure, and 14 CFR
Part 16--Rules of Practice for Federally Assisted Airport Enforcement
Proceedings.
The following changes affect only Appendix 1, Airport Sponsors
assurances:
(a) Under Section C. Sponsor Certification, Item 1, General Federal
Requirements, the citations to the following Federal Legislation are
included:
1. Native American Grave Repatriation Act--25 U.S.C. Section 3001,
et seq.
2. Clean Air Act, Public Law 90-148, as amended.
3. Coastal Zone Management Act, Public Law 93-205.
4. Title 49 U.S.C., Section 303, (formerly known as Section 4(f)).
5. American Indian Religious Freedom Act, Public Law 95-341, as
amended.
6. Wild and Scenic Rivers Act, Public Law 90-542, as amended.
(b) Under the section Federal Legislation, reference to the
Endangered Species Act--16 U.S.C. 668(a), et seq. is deleted. The
airport sponsor must comply with the law irrespective of a receipt of
federal funds.
(c) The following Executive Orders are added to the General Federal
Requirements:
1. Executive Order 11990--Protection of Wetlands
2. Executive Order 11998--FloodPlain Management
3. Executive Order 12898--Environmental Justice
(d) The Federal Regulations are reclassified according to title.
(e) In Assurance 12, the reference to section 612 of the Federal
Aviation Act of 1958 has been changed to section 44706 of Title 49,
United States Code, to reflect the recodification of certain
transportation laws. The words ``public airport'' has been deleted. The
words ``public use airport as defined in Title 49'' has been added.
(f) In Assurance 19, the first sentence of subparagraph a. has been
moved to
[[Page 29762]]
the end of subparagraph a. to improve clarity.
(g) In Assurance 19, subparagraph a., second paragraph, the words
``at all times'' are deleted.
(h) In Assurance 22, subparagraph a., to improve clarity, the words
``any person, firm, or corporation to conduct or engage in any
aeronautical activity for furnishing services to the public at the
airport'' replaces the words ``all types, kinds and classes of
aeronautical use.''
(i) In Assurance 22, subparagraphs a., the words ``fair and'' are
deleted. The word ``fair'' is also deleted in subparagraphs b.(1), and
b.(2). Although the word ``fair'' appeared in the Airport and Airway
Improvement Act of 1982, as amended, ``fair'' is deleted to bring the
assurance more into conformity with the Title 49 recodification.
(j) In Assurance 22, subparagraph c, the words ``at any airport
owned by the sponsor'' are replaced with the words ``at the airport''
to conform with the statute.
(k) In Assurance 22, subparagraph g, the words ``contractors or
concessionaire of'' are replaced with the words ``commercial
aeronautical service providers authorized by'' for clarity.
(l) In Assurance 22, subparagraph h, the words ``fair, equal'' are
deleted since they have no statutory basis.
(m) In Assurance 24, the words ``consistent with Assurance 22 and
23'' are deleted since they are unnecessary. Further the words ``being
provided'' and the word ``users'' are deleted. In place of ``being
provided'' the word ``at'' was inserted.
(n) In assurance 25, now labeled, subparagraph a, the words ``which
are'' are inserted before ``directly and substantially related''.
(o) In assurance 25, now labeled subparagraph a, the first phrase
``If the airport is under the control of a public agency,'' is deleted
to comply with section 804 of the 1996 Act. This assurance will
implement both section 47107(b) and new section 47133 of Title 49,
United States Code.
(p) In Assurance 25, subparagraphs b. and c. are new paragraphs in
compliance with sections 804 and 805 of the 1996 Act. The new
subparagraphs concern changes in procedures concerning single audits
and civil penalties due to the 1996 Act.
(q) In Assurance 26, subparagraphs a and b have been combined into
subparagraph a.
(r) In Assurance 26, subparagraphs c and d have been renamed
subparagraphs b and c respectively.
(s) In Assurance 26, subparagraph e is renamed subparagraph d.
After the word ``format'', the words, ``and time'' are inserted. The
phrases ``not later than 60 days'' after the word ``public'' and
``ending after March 1, 1995'' after the word ``years'' are deleted.
(t) In Assurance 27, the words ``to the United States'' are moved
to begin after the opening phrase ``It will make available.''
(u) Assurance 36 is a new assurance required by section 143 of the
1996 Act and codified as section 47107(a)(20) of Title 49, United
States Code.
The following changes affect only Appendix 2, Planning Agency
Sponsor assurances:
(a) The Federal Regulations are reclassified according to title.
The following changes affect only Appendix 3 Nonairport Sponsor
assurances:
(a) Under Section C. Sponsor Certification, Item 1, General Federal
Requirements, the citations to the following Federal Legislation are
included:
1. Native American Grave Repatriation Act--25 U.S.C. 3001, et seq.
2. Clean Air Act, Public Law 90-148, as amended.
3. Coastal Zone Management Act, Public Law 93-205.
4. Title 49 U.S.C., Section 303, (formerly known as Section 4(f)).
5. American Indian Religious Freedom Act, Public Law 95-341, as
amended.
6. Wild and Scenic Rivers Act, Public Law 90-542, as amended.
(b) Under the section on Federal Legislation, reference to the
Endangered Species Act--16 U.S.C. 688(a), et seq. is deleted. The
airport sponsor must comply with the law irrespective of a receipt of
federal funds.
(c) The following Executive Orders are added to the General Federal
Requirements:
1. Executive Order 11990--Protection of Wetlands
2. Executive Order 11998--Flood Plain Management
3. Executive Order 12898--Environmental Justice
(d) The Federal Regulations are reclassified according to title.
These assurances are issued pursuant to the authority of Title 49,
United States Code.
Issued in Washington, DC on May 23, 1997.
Paul L. Galis,
Director, Office of Airport Planning and Programming.
Appendix 1--Assurances
Airport Sponsors
A. General
1. These assurances shall be complied with in the performance of
grant agreements for airport development, airport planning, and noise
compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the
project application by sponsors requesting funds under the provisions
of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term
``public agency sponsor'' means a public agency with control of a
public-use airport; the term ``private sponsor'' means a private owner
of a public-use airport; and the term ``sponsor'' includes both public
agency sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these
assurances are incorporated in and become part of the grant agreement.
B. Duration and Applicability
1. Airport Development or Noise Compatibility Program Projects
Undertaken by a Public Agency Sponsor
The terms, conditions and assurances of the grant agreement shall
remain in full force and effect throughout the useful life of the
facilities developed or equipment acquired for an airport development
or noise compatibility program project, or throughout the useful life
of the project items installed within a facility under a noise
compatibility program project, but in any event not to exceed twenty
(20) years from the date of acceptance of a grant offer of Federal
funds for the project. However, there shall be no limit on the duration
of the assurance against exclusive rights or the terms, conditions and
assurances with respect to real property acquired with Federal funds.
Furthermore, the duration of the Civil Rights assurance shall be
specified in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a
Private Sponsor
The preceding paragraph 1 also applies to a private sponsor except
that the useful life of project items installed within a facility or
the useful life of the facilities developed or equipment acquired under
an airport development or noise compatibility program project
[[Page 29763]]
shall be no less than ten (10) years from the date of acceptance of
Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor
Unless otherwise specified in the grant agreement, only Assurances
1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to
planning projects. The terms, conditions, and assurances of the grant
agreements shall remain in full force and effect during the life of the
project.
C. Sponsor Certification
The sponsor hereby assures and certifies, with respect to this
grant that:
1. General Federal Requirements
It will comply with all applicable Federal laws, regulations,
executive orders, policies, guidelines, and requirements as they relate
to the application, acceptance and use of Federal funds for this
project including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act--40 U.S.C. 276(a) et seq.\1\
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\1\ These laws do not apply to airport planning sponsors.
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c. Federal Fair Labor Standards Act--29 U.S.C. 201, et seq.
d. Hatch Act--5 U.S.C. 1501, et seq.\2\
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\2\ These laws do not apply to private sponsors.
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e. Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 Title 42 U.S.C. 4601, et seq.\1\ \2\
f. National Historic Preservation Act of 1966--Section 106--16
U.S.C. 470(f).\1\
g. Archaeological and Historic Preservation Act of 1974--16 U.S.C.
469 through 469c.\1\
h. Native Americans Grave Repatriation Act--25 U.S.C. Section 3001,
et seq.
i. Clean Air Act, Public Law 90-148, as amended.
j. Coastal Zone Management Act, Public Law 93-205, as amended.
k. Flood Disaster Protection Act of 1973--Section 102(a)--42 U.S.C.
4012a.\1\
l. Title 49, U.S.C., Section 303 (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973--29 U.S.C. 794.
n. Civil Rights Act of 1964--Title VI--42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975--42 U.S.C. 6101, et seq.
p. American Indian Religious Freedom Act, Public Law 95-341, as
amended.
q. Architectural Barriers Act of 1968--42 U.S.C. 4151, et seq.\1\
r. Powerplant and Industrial Fuel Use Act of 1978--Section 403-2
U.S.C. 8373.\1\
s. Contract Work Hours and Safety Standards Act--40 U.S.C. 327, et
seq.\1\
t. Copeland Antikickback Act--18 U.S.C. 874.\1\
u. National Environmental Policy Act of 1969--42 U.S.C. 4321, et
seq.\1\
v. Wild and Scenic Rivers Act, Public Law 90-542, as amended.
w. Single Audit Act of 1984--31 U.S.C. 7501, et seq.\2\
x. Drug-Free Workplace Act of 1988--41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246--Equal Employment Opportunity \1\
Executive Order 11990--Protection of Wetlands
Executive Order 11998--FloodPlain Management
Executive Order 12372--Intergovernmental Review of Federal Programs.
Executive Order 12699--Seismic Safety of Federal and Federally Assisted
New Building Construction \1\
Executive Order 12898--Environmental Justice
Federal Regulations
a. 14 CFR Part 13--Investigative and Enforcement Procedures.
b. 14 CFR Part 16--Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
c. 14 CFR Part 150--Airport noise compatibility planning.
d. 29 CFR Part 1--Procedures for predetermination of wage rates.\1\
e. 29 CFR Part 3--Contractors and subcontractors on public building
or public work financed in whole or part by loans or grants from the
United States.\1\
f. 29 CFR Part 5--Labor standards provisions applicable to
contracts covering federally financed and assisted construction (also
labor standards provisions applicable to nonconstruction contracts
subject to the Contract Work Hours and Safety Standards Act). \1\
g. 41 CFR Part 60--Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor (Federal and
federally assisted contracting requirements).\1\
h. 49 CFR Part 18--Uniform administrative requirements for grants
and cooperative agreements to state and local governments.\3\
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\3\ 49 CFR Part 18 and OMB Circular A-87 contain requirements
for State and Local Governments receiving Federal Assistance. Any
requirement levied upon State and Local Governments by this
regulation and circular shall also be applicable to private sponsors
receiving Federal assistance under Title 49, United States Code.
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i. 49 CFR Part 20--New restrictions on lobbying.
j. 49 CFR Part 21--Nondiscrimination in federally-assisted programs
of the Department of Transportation--effectuation of Title VI of the
Civil Rights Act of 1964.
k. 49 CFR Part 23--Participation by 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.\1\ \2\
m. 49 CFR Part 27--Nondiscrimination on the basis of handicap in
programs and activities receiving or benefiting from Federal financial
assistance.\1\
n. 49 CFR Part 29--Governmentwide debarment and suspension
(nonprocurement) and governmentwide requirements for drug-free
workplace (grants).
o. 49 CFR Part 30--Denial of public works contracts to suppliers of
goods and services of countries that deny procurement market access to
U.S. contractors..
p. 49 CFR Part 41--Seismic safety of Federal and federally assisted
or regulated new building construction.\1\
Office of Management and Budget Circulars
a. A-87--Cost Principles Applicable to Grants and Contracts with
State and Local Governments.
b. A-128--Audits of State and Local Governments.
Specific assurances required to be included in grant agreements by
any of the above laws, regulations or circulars are incorporated by
reference in the grant agreement.
2. Responsibility and Authority of the Sponsor
a. Public Agency Sponsor: It has legal authority to apply for the
grant, and to finance and carry out the proposed project; that a
resolution, motion or similar action has been duly adopted or passed as
an official act of the applicant's governing body authorizing the
filing of the application, including all understandings and assurances
contained therein, and directing and authorizing the person identified
as the official representative of the applicant to act in connection
with the application and to provide such additional information as may
be required.
[[Page 29764]]
b. Private Sponsor: It has legal authority to apply for the grant
and to finance and carry out the proposed project and comply with all
terms, conditions, and assurances of this grant agreement. It shall
designate an official representative and shall in writing direct and
authorize that person to file this application, including all
understandings and assurances contained therein; to act in connection
with this application; and to provide such additional information as
may be required.
3. Sponsor Fund Availability
It has sufficient funds available for that portion of the project
costs which are not to be paid by the United States. It has sufficient
funds available to assure operation and maintenance of items funded
under the grant agreement which it will own or control.
4. Good Title
a. It holds good title, satisfactory to the Secretary, to the
landing area of the airport or site thereof, or will give assurance
satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on
the property of the sponsor, it holds good title satisfactory to the
Secretary to that portion of the property upon which Federal funds will
be expended or will give assurance to the Secretary that good title
will be obtained.
5. Preserving Rights and Powers
a. It will not take or permit any action which would operate to
deprive it of any of the rights and powers necessary to perform any or
all of the terms, conditions, and assurances in the grant agreement
without the written approval of the Secretary, and will act promptly to
acquire, extinguish or modify any outstanding rights or claims of right
of others which would interfere with such performance by the sponsor.
This shall be done in a manner acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or
dispose of any part of its title or other interests in the property
shown on Exhibit A to this application or, for a noise compatibility
program project, that portion of the property upon which Federal funds
have been expended, for the duration of the terms, conditions, and
assurances in the grant agreement without approval by the Secretary. If
the transferee is found by the Secretary to be eligible under Title 49,
United States Code, to assume the obligations of the grant agreement
and to have the power, authority, and financial resources to carry out
all such obligations, the sponsor shall insert in the contract or
document transferring or disposing of the sponsor's interest, and make
binding upon the transferee all of the terms, conditions, and
assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be
carried out by another unit of local government or are on property
owned by a unit of local government other than the sponsor, it will
enter into an agreement with that government. Except as otherwise
specified by the Secretary, that agreement shall obligate that
government to the same terms, conditions, and assurances that would be
applicable to it if it applied directly to the FAA for a grant to
undertake the noise compatibility program project. That agreement and
changes thereto must be satisfactory to the Secretary. It will take
steps to enforce this agreement against the local government if there
is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on
privately owned property, it will enter into an agreement with the
owner of that property which includes provisions specified by the
Secretary. It will take steps to enforce this agreement against the
property owner whenever there is substantial non-compliance with the
terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps
satisfactory to the Secretary to ensure that the airport will continue
to function as a public-use airport in accordance with these assurances
for the duration of these assurances.
f. If an arrangement is made for management and operation of the
airport by any agency or person other than the sponsor or an employee
of the sponsor, the sponsor will reserve sufficient rights and
authority to insure that the airport will be operated and maintained in
accordance with Title 49, United States Code, the regulations and the
terms, conditions and assurances in the grant agreement and shall
insure that such arrangement also requires compliance therewith.
6. Consistency With Local Plans
The project is reasonably consistent with plans (existing at the
time of submission of this application) of public agencies that are
authorized by the State in which the project is located to plan for the
development of the area surrounding the airport. For noise
compatibility program projects, other than land acquisition, to be
carried out on property not owned by the airport and over which
property another agency has land use control or authority, the sponsor
shall obtain from each such agency a written declaration that such
agency supports that project and the project is reasonably consistent
with the agency's plans regarding the property.
7. Consideration of Local Interest
It has given fair consideration to the interest of communities in
or near where the project may be located.
8. Consultation With Users
In making a decision to undertake any airport development project
under Title 49, United States Code, it has undertaken reasonable
consultations with affected parties using the airport at which project
is proposed.
9. Public Hearings
In projects involving the location of an airport, an airport
runway, or a major runway extension, it has afforded the opportunity
for public hearings for the purpose of considering the economic,
social, and environmental effects of the airport or runway location and
its consistency with goals and objectives of such planning as has been
carried out by the community and it shall, when requested by the
Secretary, submit a copy of the transcript of such hearings to the
Secretary. Further, for such projects, it has on its management board
either voting representation from the communities where the project is
located or has advised the communities that they have the right to
petition the Secretary concerning a proposed project.
10. Air and Water Quality Standards
In projects involving airport location, a major runway extension,
or runway location it will provide for the Governor of the state in
which the project is located to certify in writing to the Secretary
that the project will be located, designed, constructed, and operated
so as to comply with applicable air and water quality standards. In any
case where such standards have not been approved and where applicable
air and water quality standards have been promulgated by the
Administrator of the Environmental Protection Agency, certification
shall be obtained from such Administrator. Notice of certification or
refusal to certify shall be provided within sixty days after the
project application has been received by the Secretary.
11. Pavement Preventive Maintenance
With respect to a project approved after January 1, 1995, for the
replacement or reconstruction of pavement at the airport, it assures or
[[Page 29765]]
certifies that it has implemented an effective airport pavement
maintenance-management program and it assures that it will use such
program for the useful life of any pavement constructed, reconstructed
or repaired with Federal financial assistance at the airport. It will
provide such reports on pavement condition and pavement management
programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites
For projects which include terminal development at a public use
airport, as defined in Title 49, it has, on the date of submittal of
the project grant application, all the safety equipment required for
certification of such airport under section 44706 of Title 49, United
States Code, and all the security equipment required by rule or
regulation, and has provided for access to the passenger enplaning and
deplaning area of such airport to passengers enplaning and deplaning
from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Recordkeeping Requirements
a. It shall keep all project accounts and records which fully
disclose the amount and disposition by the recipient of the proceeds of
the grant, the total cost of the project in connection with which the
grant is given or used, and the amount or nature of that portion of the
cost of the project supplied by other sources, and such other financial
records pertinent to the project. The accounts and records shall be
kept in accordance with an accounting system that will facilitate an
effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller
General of the United States, or any of their duly authorized
representatives, for the purpose of audit and examination, any books,
documents, papers, and records of the recipient that are pertinent to
the grant. The Secretary may require that an appropriate audit be
conducted by a recipient. In any case in which an independent audit is
made of the accounts of a sponsor relating to the disposition of the
proceeds of a grant or relating to the project in connection with which
the grant was given or used, it shall file a certified copy of such
audit with the Comptroller General of the United States not later than
six (6) months following the close of the fiscal year for which the
audit was made.
14. Minimum Wage Rates
It shall include, in all contracts in excess of $2,000 for work on
any projects funded under the grant agreement which involve labor,
provisions establishing minimum rates of wages, to be predetermined by
the Secretary of Labor, in accordance with the Davis-Bacon Act, as
amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled
and unskilled labor, and such minimum rates shall be stated in the
invitation for bids and shall be included in proposals or bids for the
work.
15. Veteran's Preference
It shall include in all contracts for work on any project funded
under the grant agreement which involve labor, such provisions as are
necessary to insure that, in the employment of labor (except in
executive, administrative, and supervisory positions), preference shall
be given to Veterans of the Vietnam era and disabled veterans as
defined in Section 47112 of Title 49, United States Code. However, this
preference shall apply only where the individuals are available and
qualified to perform the work to which the employment relates.
16. Conformity to Plans and Specifications
It will execute the project subject to plans, specifications, and
schedules approved by the Secretary. Such plans, specifications, and
schedules shall be submitted to the Secretary prior to commencement of
site preparation, construction, or other performance under this grant
agreement, and, upon approval of the Secretary, shall be incorporated
into this grant agreement. Any modification to the approved plans,
specifications, and schedules shall also be subject to approval of the
Secretary, and incorporated into the grant agreement.
17. Construction Inspection and Approval
It will provide and maintain competent technical supervision at the
construction site throughout the project to assure that the work
conforms to the plans, specifications, and schedules approved by the
Secretary for the project. It shall subject the construction work on
any project contained in an approved project application to inspection
and approval by the Secretary and such work shall be in accordance with
regulations and procedures prescribed by the Secretary. Such
regulations and procedures shall require such cost and progress
reporting by the sponsor or sponsors of such project as the Secretary
shall deem necessary.
18. Planning Projects
In carrying out planning projects:
a. It will execute the project in accordance with the approved
program narrative contained in the project application or with the
modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as
required pertaining to the planning project and planning work
activities.
c. It will include in all published material prepared in connection
with the planning project a notice that the material was prepared under
a grant provided by the United States.
d. It will make such material available for examination by the
public, and agrees that no material prepared with funds under this
project shall be subject to copyright in the United States or any other
country.
e. It will give the Secretary unrestricted authority to publish,
disclose, distribute, and otherwise use any of the material prepared in
connection with this grant.
f. It will grant the Secretary the right to disapprove the
sponsor's employment of specific consultants and their subcontractors
to do all or any part of this project as well as the right to
disapprove the proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of
the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this
project grant or the Secretary's approval of any planning material
developed as part of this grant does not constitute or imply any
assurance or commitment on the part of the Secretary to approve any
pending or future application for a Federal airport grant.
19. Operation and Maintenance
a. The airport and all facilities which are necessary to serve the
aeronautical users of the airport, other than facilities owned or
controlled by the United States, shall be operated at all times in a
safe and serviceable condition and in accordance with the minimum
standards as may be required or prescribed by applicable Federal,
state, and local agencies for maintenance and operation. It will not
cause or permit any activity or action thereon which would interfere
with its use for airport purposes. It will suitably operate and
maintain the airport and all facilities thereon or connected therewith,
with due regard to climatic and flood
[[Page 29766]]
conditions. Any proposal to temporarily close the airport for
nonaeronautical purposes must first be approved by the Secretary. In
furtherance of this assurance, the sponsor will have in effect
arrangements for--
(1) Operating the airport's aeronautical facilities whenever
required;
(2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
(3) Promptly notifying airmen of any condition affecting
aeronautical use of the airport.
Nothing contained herein shall be construed to require that the
airport be operated for aeronautical use during temporary periods when
snow, flood or other climatic conditions interfere with such operation
and maintenance. Further, nothing herein shall be construed as
requiring the maintenance, repair, restoration, or replacement of any
structure or facility which is substantially damaged or destroyed due
to an act of God or other condition or circumstance beyond the control
of the sponsor.
b. It will suitably operate and maintain noise compatibility
program items that it owns or controls upon which Federal funds have
been expended.
20. Hazard Removal and Mitigation
It will take appropriate action to assure that such terminal
airspace as is required to protect instrument and visual operations to
the airport (including established minimum flight altitudes) will be
adequately cleared and protected by removing, lowering, relocating,
marking, or lighting or otherwise mitigating existing airport hazards
and by preventing the establishment or creation of future airports
hazards.
21. Compatible Land Use
It will take appropriate action, including the adoption of zoning
laws, to the extent reasonable, to restrict the use of land adjacent to
or in the immediate vicinity of the airport to activities and purposes
compatible with normal airport operations, including landing and
takeoff or aircraft. In addition, if the project is for noise
compatibility program implementation, it will not cause or permit any
change in land use, within its jurisdiction, that will reduce its
compatibility, with respect to the airport, of the noise compatibility
program measures upon which Federal funds have been expended.
22. Economic Nondiscrimination
a. It will make 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
activity for furnishing services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under
which a right or privilege at the airport is granted to any person,
firm, or corporation to conduct or to engage in any aeronautical
activity for furnishing services to the public at the airport, the
sponsor will insert and enforce provisions requiring the contractor
to--
(1) furnish said services on a reasonable, and not unjustly
discriminatory, basis to all users thereof, and
(2) charge reasonable, and not justly discriminatory, prices for
each unit or service, provided that the contractor may be allowed to
make reasonable and nondiscriminatory discounts, rebates, or other
similar types of price reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the
same rates, fees, rentals, and charges as are uniformly applicable to
all other fixed-based operators making the same or similar uses of such
airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to
service itself or to use any fixed-based operator that is authorized or
permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant,
nontenant, or subtenant of another air carrier tenant) shall be subject
to such nondiscriminatory and substantially comparable rules,
regulations, conditions, rates fees, rentals, and other charges with
respect to facilities directly and substantially related to providing
air transportation as are applicable to all such air carriers which
make similar use of such airport and utilize similar facilities,
subject to reasonable classifications such as tenants or nontenants and
signatory carriers and nonsignatory carriers. Classification or status
as tenant or signatory shall not be unreasonably withheld by any
airport provided an air carrier assumes obligations substantially
similar to those already imposed on air carriers in such classification
or status.
f. It will not exercise or grant any right or privilege which
operates to prevent any person, firm, or corporation operating aircraft
on the airport; from performing any services on its own aircraft with
its own employees (including, but not limited to maintenance, repair,
and fueling) that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and
privileges referred to in this assurance, the services involving will
be provided on the same conditions as would apply to the furnishing of
such services by commercial aeronautical service providers authorized
by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly
discriminatory, conditions to be met by all users of the airport as may
be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type, kind or class
of aeronautical use of the airport if such action is necessary for the
safe operation of the airport or necessary to serve the civil aviation
needs of the public.
23. Exclusive Rights
It will permit no exclusive right for the use of the airport by any
person providing, or intending to provide, aeronautical services to the
public. For purposes of this paragraph, the providing of the services
at an airport by a single fixed-based operator shall not be construed
as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for
more than one fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such
services would require the reduction of space leased pursuant to an
existing agreement between such single fixed-based operator and such
airport.
It further agrees that it will not, either directly or indirectly,
grant or permit any person, firm, or corporation, the exclusive right
at the airport to conduct any aeronautical activities, including, but
not limited to charter flights, pilot training, aircraft rental and
sightseeing, aerial photography, crop dusting, aerial advertising and
surveying, air carrier operations, aircraft sales and services, sale of
aviation petroleum products whether or not conducted in conjunction
with other aeronautical activity, repair and maintenance of aircraft,
parts, and any other activities sale of aircraft which because of their
direct relationship to the operation of aircraft can be regarded as an
aeronautical activity, and that it will terminate any exclusive right
to conduct an aeronautical activity now existing at such an airport
before the grant of any assistance under Title 49, United States Code.
[[Page 29767]]
24. Fee and Rental Structure
It will maintain a fee and rental structure for the facilities and
services at the airport which will make the airport as self-sustaining
as possible under the circumstances existing at the particular airport,
taking into account such factors as the volume of traffic and economy
of collection. No part of the Federal share of an airport development,
airport planning or noise compatibility project for which a grant is
made under Title 49, United States Code, the Airport and Airway
Improvement Act of 1982, the Federal Airport Act or the Airport and
Airway Development Act of 1970 shall be included in the rate basis in
establishing fees, rates, and charges for users of that airport.
25. Airport Revenues
a. All revenues generated by the airport and any local taxes on
aviation fuel established after December 30, 1987, will be expended by
it for the capital or operating costs of the airport; the local airport
system; or other local facilities which are owned or operated by the
owner or operator of the airport and which are directly and
substantially related to the actual air transportation of passengers or
property; or for noise mitigation purposes on or off the airport.
Provided, however, that if covenants or assurances in debt obligations
issued before September 3, 1982, by the owner or operator of the
airport, or provisions enacted before September 3, 1982, in governing
statutes controlling the owner or operator's financing, provide for the
use of the revenues from any of the airport owner or operator's
facilities, including the airport, to support not only the airport but
also the airport owner or operator's general debt obligations or other
facilities, then this limitation on the use of all revenues generated
by the airport (and, in the case of a public airport, local taxes on
aviation fuel) shall not apply.
b. As part of the annual audit required under the Single Audit Act
of 1984, the sponsor will direct that the audit will review, and the
resulting audit report will provide an opinion concerning, the use of
airport revenue and taxes in paragraph (a), and indicating whether
funds paid or transferred to the owner or operator are paid or
transferred in a manner consistent with Title 49, United States Code
and any other applicable provision of law, including any regulation
promulgated by the Secretary or Administrator.
c. Any civil penalties or other sanctions will be imposed for
violation of this assurance in accordance with the provisions of
Section 47107 of Title 49, United States Code.
26. Reports and Inspections
It will:
a. submit to the Secretary such annual or special financial and
operations reports as the Secretary may reasonably request and make
such reports available to the public; make available to the public at
reasonable times and places a report of the airport budget in a format
prescribed by the Secretary;
b. for airport development projects, make the airport and all
airport records and documents affecting the airport, including deeds,
leases, operation and use agreements, regulations and other
instruments, available for inspection by any duly authorized agent of
the Secretary upon reasonable request;
c. for noise compatibility program projects, make records and
documents relating to the project and continued compliance with the
terms, conditions, and assurances of the grant agreement including
deeds, leases, agreements, regulations, and other instruments,
available for inspection by any duly authorized agent of the Secretary
upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the
Secretary and make available to the public following each of its fiscal
years, an annual report listing in detail:
(i) all amounts paid by the airport to any other unit of government
and the purposes for which each such payment was made; and
(ii) all services and property provided by the airport to other
units of government and the amount of compensation received for
provision of each such service and property.
27. Use by Government Aircraft
It will make available all of the facilities of the airport
developed with Federal financial assistance and all those usable for
landing and takeoff of aircraft to the United States for use by
Government aircraft in common with other aircraft at all times without
charge, except, if the use by Government aircraft is substantial,
charge may be made for a reasonable share, proportional to such use,
for the cost of operating and maintaining the facilities used. Unless
otherwise determined by the Secretary, or otherwise agreed to by the
sponsor and the using agency, substantial use of an airport by
Government aircraft will be considered to exist when operations of such
aircraft are in excess of those which, in the opinion of the Secretary,
would unduly interfere with use of the landing areas by other
authorized aircraft, or during any calendar month that--
a. Five (5) or more Government aircraft are regularly based at the
airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a
movement) of Government aircraft is 300 or more, or the gross
accumulative weight of Government aircraft using the airport (the total
movement of Government aircraft multiplied by gross weights of such
aircraft) is in excess of five million pounds.
28. Land for Federal Facilities
It will furnish without cost to the Federal Government for use in
connection with any air traffic control or air navigation activities,
or weather-reporting and communication activities related to air
traffic control, any areas of land or water, or estate therein, or
rights in buildings of the sponsor as the Secretary considers necessary
or desirable for construction, operation, and maintenance at Federal
expense of space or facilities for such purposes. Such areas or any
portion thereof will be made available as provided herein within four
months after receipt of a written request from the Secretary.
29. Airport Layout Plan
a. It will keep up to date at all times an airport layout plan of
the airport showing (1) boundaries of the airport and all proposed
additions thereto, together with the boundaries of all offsite areas
owned or controlled by the sponsor for airport purposes and proposed
additions thereto; (2) the location and nature of all existing and
proposed airport facilities and structures (such as runways, taxiways,
aprons, terminal buildings, hangars and roads), including all proposed
extensions and reductions of existing airport facilities; and (3) the
location of all existing and proposed nonaviation areas and of all
existing improvements thereon. Such airport layout plans and each
amendment, revision, or modification thereof, shall be subject to the
approval of the Secretary which approval shall be evidenced by the
signature of a duly authorized representative of the Secretary on the
face of the airport layout plan. The sponsor will not make or permit
any changes or alterations in the airport or any of its facilities
which are not in conformity with the airport layout plan as approved by
the Secretary and which might, in the opinion of the Secretary,
adversely affect the safety, utility or efficiency of the airport.
b. If a change or alternation in the airport or the facilities is
made which
[[Page 29768]]
the Secretary determines adversely affects the safety, utility, or
efficiency of any federally owned, leased, or funded property on or off
the airport and which is not in conformity with the airport layout plan
as approved by the Secretary, the owner or operator will, if requested,
by the Secretary (1) eliminate such adverse effect in a manner approved
by the Secretary; or (2) bear all costs of relocating such property (or
replacement thereof) to a site acceptable to the Secretary and all
costs of restoring such property (or replacement thereof) to the level
of safety, utility, efficiency, and cost of operation existing before
the unapproved change in the airport or its facilities.
30. Civil Rights
It will comply with such rules as are promulgated to assure that no
person shall, on the grounds of race, creed, color, national origin,
sex, age, or handicap be excluded from participating in any activity
conducted with or benefiting from funds received from this grant. This
assurance obligates the sponsor for the period during which Federal
financial assistance is extended to the program, except where Federal
financial assistance is to provide, or is in the form of personal
property or real property or interest therein or structures or
improvements thereon in which case the assurance obligates the sponsor
or any transferee for the longer or 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 benefit, or (b) the
period during which the sponsor retains ownership or possession of the
property.
31. Disposal of Land
a. For land purchased under a grant for airport noise compatibility
purposes, it will dispose of the land, when the land is no longer
needed for such purposes, at fair market value, at the earliest
practicable time. That portion of the proceeds of such disposition
which is proportionate to the Untied States' share of acquisition of
such land will, at the discretion of the Secretary, (1) be paid to the
Secretary for deposit in the Trust Fund, or (2) be reinvested in an
approved noise compatibility project as prescribed by the Secretary.
b. (1) For land purchased under a grant for airport development
purposes (other than noise compatibility), it will, when the land is no
longer needed for airport purposes, dispose of such land at fair market
value or make available to the Secretary an amount equal to the United
States' proportionate share of the fair market value of the land. That
portion of the proceeds of such disposition which is proportionate to
the United States' share of the cost of acquisition of such land will,
(a) upon application to the Secretary, be reinvested in another
eligible airport improvement project or projects approved by the
Secretary at that airport or within the national airport system, or (b)
be paid to the Secretary for deposit in the Trust Fund if no eligible
project exists.
(2) Land shall be considered to be needed for airport purposes
under this assurance if (a) it may be needed for aeronautical purposes
(including runway protection zones) or serve as noise buffer land, and
(b) the revenue from interim uses of such land contributes to the
financial self-sufficiency of the airport. Further, land purchased with
a grant received by an airport operator or owner before December 31,
1987, will be considered to be needed for airport purposes if the
Secretary or Federal agency making such grant before December 31, 1987,
was notified by the operator or owner of the uses of such land, did not
object to such use, and the land continues to be used for that purpose,
such use having commenced no later than December 15, 1989.
c. Disposition of such land under (a) or (b) will be subject to the
retention or reservation of any interest or right therein necessary to
ensure that such land will only be used for purposes which are
compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services
It will award each contract, or sub-contract for program
management, construction management, planning studies, feasibility
studies, architectural services, preliminary engineering, design,
engineering, surveying, mapping or related services with respect to the
project in the same manner as a contract for architectural and
engineering services is negotiated under Title IX of the Federal
Property and Administrative Services Act of 1949 or an equivalent
qualifications-based requirement prescribed for or by the sponsor of
the airport.
33. Foreign Market Restrictions
It will not allow funds provided under this grant to be used to
fund any project which uses any product or service of a foreign country
during the period in which such foreign country is listed by the United
States Trade Representative as denying fair and equitable market
opportunities for products and suppliers of the United States in
procurement and construction.
34. Policies, Standards, and Specifications
It will carry out the project in accordance with policies,
standards, and specifications approved by the Secretary including but
not limited to the advisory circulars listed in the Current FAA
Advisory Circulars for AIP projects, dated ______ and included in this
grant, and in accordance with applicable state policies, standards, and
specifications approved by the Secretary.
35. Relocation and Real Property Acquisition
(1) It will be guided in acquiring real property, to the greatest
extent practicable under State law, by the land acquisition policies in
Subpart B of 49 CFR Part 24 and will pay or reimburse property owners
for necessary expenses as specified in Subpart B. (2) It will provide a
relocation assistance program offering the services described in
Subpart C and fair and reasonable relocation payments and assistance to
displaced persons as required in Subpart D and E of 49 CFR Part 24. (3)
It will make available within a reasonable period of time prior to
displacement, comparable replacement dwellings to displaced persons in
accordance with Subpart E of 49 CFR Part 24.
36. Access by Intercity Buses
The airport owner or operator will permit, to the maximum extent
practicable, intercity buses or other modes of transportation to have
access to the airport, however, it has no obligation to fund special
facilities for intercity buses or for other modes of transportation.
Appendix 2--Assurances
Planning Agency Sponsors
A. General
1. These assurances shall be complied with in the performance of
grant agreements for integrated airport system planning grants to
planning agencies.
2. These assurances are required to be submitted as part of the
project application by sponsors requesting funds under the provisions
of Title 49, U.S.C., subtitle VII, as amended. A sponsor is a planning
agency designated by the Secretary of Transportation which is
authorized by the State or States or political subdivisions concerned
to engage in areawide planning.
[[Page 29769]]
3. Upon acceptance of the grant offer by the sponsor, these
assurances are incorporated in and become part of the grant agreement.
B. Duration
The terms, conditions and assurances of the grant agreement shall
remain in full force and effect during the life of the project.
C. Sponsor Certification
The sponsor assures and certifies, in respect to this grant, that:
1. General Federal Requirements
It will comply with all applicable Federal laws, regulations,
executive orders, policies, guidelines, and requirements as they relate
to the application, acceptance and use of Federal funds for this
project including but not limited to the following:
Federal Legislation
a. Title 49 U.S.C., subtitle VII, as amended.
b. Federal Fair Labor Standards Act--29 U.S.C. 201, et seq.
c. Hatch Act--5 U.S.C. 1501, et seq.
d. Rehabilitation Act of 1973--29 U.S.C. 794.
e. Civil Rights Act of 1964--Title VI--42 U.S.C. 2000d through d-4.
f. Age Discrimination Act of 1975--42 U.S.C. 6101, et seq.
g. Single Audit Act of 1984--31 U.S.C. 7501, et seq.
h. Drug-Free Workplace Act of 1988--41 U.S.C. 702 through 706.
Executive Orders
Executive Order 12372--Intergovernmental Review of Federal Programs
Federal Regulations
a. 14 CFR Part 13--Investigative and Enforcement Procedures.
b. 14 CFR Part 16--Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
c. 49 CFR Part 18--Uniform administrative requirements for grants
and cooperative agreements to state and local governments.
d. 49 CFR Part 20--New restrictions on lobbying.
e. 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.
f. 49 CFR Part 23--Participation by minority business enterprise in
Department of Transportation programs.
g. 49 CFR Part 29--Government-wide debarment and suspension (non-
procurement) and government-wide requirements for drug-free workplace
(grants).
h. 49 CFR Part 30--Denial of public works contracts to suppliers of
goods and services of countries that deny procurement market access to
U.S.
Office of Management and Budget Circulars
a. A-87--Cost Principles Applicable to Grants and Contracts with
State and Local Governments.
b. A-128--Audits of State and Local Governments.
Specific assurances required to be included in grant agreements by
any of the above laws, regulations or circulars are incorporated in
reference in the grant agreement.
2. Responsibility and Authority of the Sponsor
It has legal authority to apply for the grant, and to finance and
carry out the proposed project; that a resolution, motion or similar
action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the application,
including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official
representative of the applicant to act in connection with the
application and to provide such additional information as may be
required.
3. Sponsor Fund Availability
It has sufficient funds available for that portion of the project
costs which are not to be paid by the United States.
4. Preserving Rights and Powers
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.
5. Consistency With Local Plans
The project is reasonably consistent with plans (existing at the
time of submission of this application) of public agencies in the
planning area.
6. Accounting System, Audit, and Recordkeeping Requirement
a. It shall keep all project accounts and records which fully
disclose the amount and disposition by the recipient of the proceeds of
the grant, the total cost of the project in connection with which the
grant is given or used, and the amount and nature of that portion of
the cost of the project supplied by other sources, and such other
financial records pertinent to the project. The accounts and records
shall be kept in accordance with an accounting system that will
facilitate an effective audit in accordance with The Single Audit Act
of 1984.
b. It shall make available to the Secretary and Comptroller General
of the United States, or any of their duly authorized representatives,
for the purpose of audit and examination, any books, documents, papers,
and records of the recipient that are pertinent to the grant. The
Secretary may require that an appropriate audit be conducted by the
recipient. In any case in which an independent audit is made of the
accounts of a sponsor relating to the disposition of the proceeds of a
grant or relating to the project in connection with which the grant was
given or used, it shall file a certified copy of such audit with the
Comptroller General of the United States not later than six (6) months
following the close of the fiscal year for which the audit was made.
7. 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
modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as
required pertaining to the planning project and planning work
activities.
c. It will include in all published material prepared in connection
with the planning project a notice that the material was prepared under
a grant provided by the United States.
d. It will make such material available for examination by the
public, and agrees that no material prepared with funds under this
project shall be subject to copyright in the United States or any other
country.
e. It will give the Secretary unrestricted authority to publish,
disclose, distribute, and otherwise use any of the material prepared in
connection with this grant.
f. It will grant the Secretary the right to disapprove the
Sponsor's employment of specific consultants and their subcontractors
to do all or any part of this project as well as the right to
disapprove the proposed scope and cost of professional services.
g. It will grant the Secretary the right to disapprove the use of
the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this
project grant or the Secretary's approval of any planning material
developed as part of
[[Page 29770]]
this grant does not mean constitute or imply any assurance or
commitment on the part of the Secretary to approve any pending or
future application for a Federal airport grant.
8. Reports and Inspections
It will submit to the Secretary such annual or special financial
and operations reports as the Secretary may reasonably request.
9. Civil Rights
It will comply with such rules as are promulgated to assure that no
person shall, on the grounds of race, creed, color, national origin,
sex, age, or handicap be excluded from participating in any activity
conducted with or benefiting from funds received from this grant. This
assurance obligates the sponsor for the period during which Federal
financial assistance is extended to the program.
10. Engineering and Design Services
It will award each contract, or sub-contract for planning studies,
feasibility studies, or related services with respect to the project in
the same manner as a contract for architectural and engineering
services is negotiated under Title IX of the Federal Property and
Administrative Services Act of 1949 or an equivalent qualifications-
based requirement prescribed for or by the sponsor.
11. Foreign Market Restrictions
It will not allow funds provided under this grant to be used to
fund any project which uses any product or service of a foreign country
during the period in which such foreign country is listed by the United
States Trade Representative as denying fair and equitable market
opportunities for products and suppliers of the United States in
procurement and construction.
12. Policies, Standards, and Specifications
It will carry out the project in accordance with policies,
standards, and specifications approved by the Secretary.
Appendix 3--Assurances
Nonairport Sponsors Undertaking Noise Compatibility Program Projects
A. General
1. These assurances shall be complied with in the performance of
grant agreements for noise compatibility projects undertaken by
sponsors who are not proprietors of the airport which is the subject of
the noise compatibility program.
2. These assurances are required to be submitted as part of the
project application by sponsors requesting funds under the provisions
of Title 49, U.S.C., subtitle VII, as amended. Sponsors are units of
local government in the areas around the airport which is the subject
of the noise compatibility program.
3. Upon acceptance of the grant offer by the sponsor, these
assurances are incorporated in and become part of the grant agreement.
B. Duration
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 or throughout the useful
life of the items installed under the project, but in any event not to
exceed twenty (20) years from the date of the acceptance of a grant
offer of Federal funds for the project. However, there shall be no time
limit on the duration of the terms, conditions, and assurances with
respect to real property acquired with Federal funds. Furthermore, the
duration of the Civil Rights assurance shall be as specified in the
assurance.
C. Sponsor Certification
The sponsor hereby assures and certifies, with respect to this
grant that:
1. General Federal Requirements
It will comply with all applicable Federal laws, regulations,
executive orders, policies, guidelines and requirements as they relate
to the application, acceptance, and use of Federal funds for this
project including but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act--40 U.S.C. 276(a). et seq.
c. Federal Fair Labor Standards Act--29 U.S.C. 201 et seq.
d. Hatch Act--5 U.S.C. 1501, et seq.
e. Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970--42 U.S.C. 4601, et seq.
f. National Historic Preservation Act of 1966--Section 106--16
U.S.C. 470(f).
g. Archeological and Historic Preservation Act of 1974--469 through
469c.
h. Native American Grave Repatriation Act--25 U.S.C. Section 3001,
et seq.
i. Clean Air Act, P.L. 90-148, as amended.
j. Coastal Zone Management Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973--Section 102(a)-42 U.S.C.
4012a.
l. Title 49, U.S.C., Section 303, (formerly known as Section 4(f)).
m. Rehabilitation Act of 1973--29 U.S.C. 794.
n. Civil Rights Act of 1964--Title VI--42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975--42 U.S.C. 6101, et seq.
p. American Indian Religious Freedom Act, P.L. 95-341,
q. Architectural Barriers Act of 1968--U.S.C. 4151, et seq.
r. Powerplant and Industrial Fuel Use Act of 1978--Section 403--42
U.S.C. 8373.
s. Contract Work Hours and Safety Standards Act--40 U.S.C. 327, et
seq.
t. Copeland Antikickback Act--18 U.S.C. 874.
u. National Environmental Policy Act of 1969--42 U.S.C. 4321, et
seq.
v. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
w. Single Audit Act of 1984--31 U.S.C. 7501, et seq.
x. Drug-Free Workplace Act of 1998--41 U.S.C. 702 through 706.
Executive Orders
Executive Order 11246--Equal Employment Opportunity
Executive Order 11990--Protection of Wetlands
Executive Order 11998--FloodPlain Management
Executive Order 12372--Intergovernmental Review of Federal Programs.
Executive Order 12699--Seismic Safety of Federal and Federally Assisted
New Building Construction
Executive Order 12898--Environmental Justice
Federal Regulations
a. 14 CFR Part 13--Investigative and Enforcement Procedures.
b. 14 CFR Part 16--Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
c. 14 CFR Part 150--Airport noise compatibility planning.
d. 20 CFR Part 1--Procedures for predetermination of wage rates.
e. 29 CFR Part 3--Contractors and subcontractors on public building
or public work financed in whole or part by loans or grants from the
United States.
f. 29 CFR Part 5--Labor standards provisions applicable to
contracts covering federally financed and assisted construction.
g. 41 CFR Part 60--Office of Federal contract compliance programs,
equal employment opportunity, Department of Labor (Federal and
federally-assisted contracting requirements).
[[Page 29771]]
h. 49 CFR Part 18--Uniform administrative requirements for grants
and cooperative agreements to state and local governments.
i. 49 CFR Part 20--New restrictions on lobbying.
j. 49 CFR Part 21--Nondiscrimination in federally-assisted programs
of the Department of Transportation--effectuation of Title VI to the
Civil Rights Act of 1964.
k. 49 CFR Part 23--Participation of minority business enterprise in
Department of Transportation programs.
l. 49 CFR Part 24--Uniform relocation assistance and real property
acquisition regulation for Federal and federally assisted programs.
m. 49 CFR Part 27--Non-Discrimination on the basis of handicap in
programs and activities receiving or benefiting from Federal financial
assistance.
n. 49 CFR Part 29--Governmentwide debarment and suspension (non-
procurement) and governmentwide requirements for drug-free workplace
(grants).
o. 49 CFR Part 30--Denial of public work contracts to suppliers of
goods and services of countries that deny procurement market access to
U.S. contractors.
p. 49 CFR Part 41--Seismic safety of Federal and federally assisted
or regulated new building construction.
Office of Management and Budget Circulars
a. A-87--Cost Principles Applicable to Grants and Contracts with
State and Local Governments.
b. A-128--Audits of State and Local Governments.
Specific assurances required to be included in grant agreements by
any of the above laws, regulations or circulars are incorporated by
reference in the grant agreement.
2. Responsibility and Authority of the Sponsor
It has legal authority to apply for the grant, and to finance and
carry out the proposed project; that a resolution, motion, or similar
action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the filing of the application,
including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official
representative of the applicant to act in connection with the
application and to provide such additional information as may be
required.
3. Sponsor Fund Availability
a. It has sufficient funds available for that portion of the
project costs which are not to be paid by the United States.
b. It has sufficient funds available to ensure operation and
maintenance of items funded under the grant agreement which it will own
or control.
4. Good Title
For projects to be carried out on the property of the sponsor, it
holds good title satisfactory to the Secretary to that portion of the
property upon which Federal funds will be expended or will give
assurance to the Secretary that good title will be obtained.
5. Preserving Rights and Powers
a. It will not enter into any transaction, or 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 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,
for which it holds good title and upon which Federal funds have been
expended, for the duration of the terms, conditions, and assurances in
the grant agreement, without approval by the Secretary. If the
transferee is found by the Secretary to be eligible under Title 49,
United States Code, to assume the obligations of the grant agreement
and to have the power, authority, and financial resources to carry out
all such obligations, the sponsor shall insert in the contract or
document transferring or disposing of the sponsor's interest, and
making binding upon the transferee, all of the terms, conditions and
assurances contained in this grant agreement.
c. For all noise compatibility projects which are to be carried out
by another unit of local government or are on property owned by a unit
of local government other than the sponsor, it will enter into an
agreement with that governmental unit. Except as otherwise specified by
the Secretary, that agreement shall obligate that governmental unit to
the same terms, conditions, and assurances that would be applicable to
it if it applied directly to the FAA for a grant to undertake the noise
compatibility project. That agreement and changes thereto must be
approved in advance by the Secretary.
d. For noise compatibility projects to be carried out on privately
owned property, it will enter into an agreement with the owner of that
property which includes provisions specified by the Secretary.
6. Consistency With Local Plans
The project is reasonably consistent with plans (existing at the
time of submission of this application) of public agencies that are
authorized by the State in which the project is located to plan for the
development of the area surrounding the airport. For noise
compatibility projects to be carried out on property which is not owned
by the sponsor and which is under the land use control or authority of
a public agency other than the sponsor, the sponsor shall obtain from
each agency a written declaration that such an agency supports the
project and the project is reasonably consistent with the agency's
plans regarding the property.
7. Consideration of Local Interest
It has give fair consideration to the interest of communities in or
near which the project may be located.
8. Accounting System, Audit, and Recordkeeping Requirements
a. It shall keep all project accounts and records which fully
disclose the amount and disposition by the recipient of the proceeds of
the grant, the total cost of the project in connection with which the
grant is given or used, and the amount or nature of that portion of the
cost of the project supplied by other sources, and such other financial
records pertinent to the project. The accounts and records should be
kept in accordance with an accounting system that will facilitate an
effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller
General of the United States, or any of their duly authorized
representatives, for the purpose of audit and examination, any books,
documents, papers, and records of the recipient that are pertinent to
the grant. The Secretary may require that an appropriate audit be
conducted by a recipient. In any case in which an independent audit is
made of the accounts of a sponsor relating to the disposition of the
proceeds of a grant or relating to the project in connection with which
the grant was given or used, it shall file a certified copy of such
audit with the Comptroller General no later than six (6) months
following the close of the fiscal year for which the audit was
conducted.
[[Page 29772]]
9. Minimum Wage Rates
It shall include, in all contracts in excess of $2,000 for work on
any projects funded under the grant agreement which involve labor,
provisions establishing minimum rates of wages, to be predetermined by
the Secretary of Labor, in accordance with the Davis-Bacon Act, as
amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled
and unskilled labor, and such minimum rates shall be stated in the
invitation for bids and shall be included in proposals or bids for the
work.
10. Veteran's Preference
It shall include, in all contracts for work on any project funded
under the grant agreement which involve labor, such provisions as are
necessary to insure that, in the employment of labor (except in
administrative, executive, and supervisory positions), preference shall
be given to veterans of the Vietnam era and disabled veterans as
defined in Section 47117 of Title 49, United States Code. However, this
preference shall apply only where the individuals are available and
qualified to perform the work to which the employment relates.
11. Conformity to Plans and Specifications
It will execute the project subject to plans, specifications, and
schedules approved by the Secretary. Such plans, specifications, and
schedules shall be submitted to the Secretary prior to commencement of
site preparation, construction, or other performance under this grant
agreement, and, upon approval by the Secretary, shall be incorporated
into this grant agreement. Any modifications to the approved plans,
specifications, and schedules shall also be subject to approval by the
Secretary and incorporation into the grant agreement.
12. 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 with the plans, specifications, and schedules approved by the
Secretary for the project. It shall subject the construction work on
any project contained in an approved project application to inspection
and approval by the Secretary and such work shall be in accordance with
regulations and procedures prescribed by the Secretary. Such
regulations and procedures shall require such cost and progress
reporting by the sponsor or sponsors of such project as the Secretary
shall deem necessary.
13. Operation and Maintenance
It will suitably operate and maintain noise program implementation
items that it owns or controls upon which Federal funds have been
expended.
14. Hazard Prevention
It will protect such terminal airspace as is required to protect
instrument and visual operations to the airport (including established
minimum flight altitudes) by preventing the establishment or creation
of future airport hazards on property owned or controlled by it or over
which it has land use jurisdiction.
15. Compatible Land Use
It will take appropriate action, including the adoption of zoning
laws, to the extent reasonable, to restrict the use of land adjacent to
or in the immediate vicinity of the airport to activities and purposes
compatible with normal airport operations, including landing and
takeoff of aircraft. In addition, it will not cause or permit any
change in land use, within its jurisdiction that will reduce the
compatibility, with respect to the airport, of the noise compatibility
measures upon which Federal funds have been expended.
16. Reports and Inspections
It will submit to the Secretary such annual or special financial
and operations reports as the Secretary may reasonably request. It will
also make records and documents relating to the project, and continued
compliance with the terms, conditions, and assurances of the grant
agreement including deeds, leases, agreements, regulations, and other
instruments, available for inspection by any duly authorized agent of
the Secretary upon reasonable request.
17. Civil Rights
It will comply with such rules as are promulgated, to ensure that
no person shall, on the grounds of race, creed, color, national origin,
sex, age, or handicap, be excluded from participating in any activity
conducted with or benefiting from funds received from this grant. This
assurance obligates the sponsor for the period during which Federal
financial assistance is extended to the program, except where Federal
financial assistance is to provide, or is in the form of personal
property or real property 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.
18. Engineering and Design Services
It will award each contract or subcontract for program management,
construction management, planning studies, feasibility studies,
architectural services, preliminary engineering, design, surveying,
mapping, or related services with respect to the project in the same
manner as a contract for architectural and engineering services as
negotiated under Title IX of the Federal Property and Administrative
Services Act of 1949 or an equivalent qualifications-based requirement
prescribed for or by the sponsor.
19. Foreign Market Restrictions
It will not allow funds provided under this grant to be used to
fund any project which uses any product or service of a foreign country
during the period in which such foreign country is listed by the United
States Trade Representative as denying fair and equitable market
opportunities for products and suppliers of the United States in
procurement and construction.
20. Disposal of Land
a. For land purchased under a grant for airport noise compatibility
purposes, it will dispose of the land, when the land is no longer
needed for such purposes, at fair market value, at the earliest
practicable time. That portion of the proceeds of such disposition
which is proportionate to the United States' share of acquisition of
such land will, at the discretion of the Secretary, (1) be paid to the
Secretary for deposit in the Trust Fund, or (2) be reinvested in an
approved noise compatibility project as prescribed by the Secretary.
b. Disposition of such land under (a) will be subject to the
retention or reservation of any interest or right therein necessary to
ensure that such land will only be used for purposes which are
compatible with noise levels associated with operation of the airport.
21. Relocation and Real Property Acquisition
(1) It will be guided in acquiring real property, to the greatest
extent practicable under State law, by the land acquisition policies in
Subpart B of 49 CFR Part 24 and will pay or reimburse
[[Page 29773]]
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 Subparts D and E of 49
CFR Part 24. (3) It will make available within a reasonable period of
time prior to displacement comparable replacement dwellings to
displaced persons in accordance with Subpart E of 49 CFR Part 24.
[FR Doc. 97-14316 Filed 5-30-97; 8:45 am]
BILLING CODE 4910-13-M
