HomeMy WebLinkAboutFAA Grant/Snow Removal EquipmentFOURTH TOLLING AGREEMENT FOR CLAIMS UNDER CLEAN WATER ACT
RELATING TO CITY OF WAILRLOO'S SANITARY SEWER SYSTEM
The United States, on behalf of the United States Environmental Protection
Agency, contends that it has a cause of action under the Clean Water Act, 33 U.S.C. § 1251 et
seq., against the City of Waterloo, Iowa ("Waterloo"), for, inter alia, failure to meet the
conditions of its National Pollutant Discharge Elimination System ("NPDES") permit and the
Clean Water Act in the operation and maintenance of its sanitary sewer system (the "Tolled
Claims").
The United States and Waterloo ("Parties") enter into this Tolling Agreement to
facilitate settlement negotiations between the Parties within the time period provided by this
Agreement, without thereby altering the claims or defenses available to any Party hereto, except
as specifically provided herein.
The Parties, in consideration of the covenants set out herein, agree as follows:
1. Notwithstanding any other provision of this Tolling Agreement, the
period commencing on March 1, 2013, and ending on September 1, 2015, inclusive (the "Tolling
Period"), shall not be included in computing the running of any statute of limitations potentially
applicable to any action brought by the United States on the Tolled Claims.
2. Any defenses of laches, estoppel, or waiver, or other similar equitable
defenses based upon the running or expiration of any time period shall not include the Tolling
Period for the Tolled Claims.
3. Waterloo shall not assert, plead, or raise against the United States in any
fashion, whether by answer, motion or otherwise, any defense of laches, estoppel, or waiver, or
other similar equitable defense based on the running of any statute of limitations or the passage
of time during the Tolling Period in any action brought on the Tolled Claims.
4. This Tolling Agreement does not constitute any admission or
acknowledgment of any fact, conclusion of law, or liability by any Party to this Tolling
Agreement. Nor does this Tolling Agreement constitute any admission or acknowledgment on
the part of the United States that any statute of limitations, or similar defense concerning the
timeliness of commencing a civil action, is applicable to the Tolled Claims. The United States
reserves the right to assert that no statute of limitations applies to any of the Tolled Claims and
that no other defense based upon the timeliness of commencing a civil action is applicable.
5. This Tolling Agreement may not be modified except in a writing signed
by both Parties. The Parties acknowledge that this Tolling Agreement may be extended for
such period of time as the Parties agree to in writing.
6. It is understood that the United States may terminate settlement
negotiations and commence suit at any time, upon provision of written notice to Waterloo.
Where the United States elects to terminate negotiations under this Paragraph, the Tolling Period
shall continue for the duration set forth in Paragraph 1. Nothing herein shall preclude the
commencement of any action by the United States to protect the public health, welfare, or the
environment without provision of advance notice.
7. This Tolling Agreement does not limit in any way the nature or scope of
any claims that could be brought by the United States in a complaint against Waterloo or the date
on which the United States may file such a complaint, except as expressly stated herein.
8. This Agreement is not intended to affect any claims by or against third
parties.
9. Defendant shall preserve and maintain, during the pendency of the Tolling
Period, and for a minimum of 90 days after termination of the Tolling Period, at least one legible
copy of all potentially relevant information and other materials subject to discovery under the
Federal Rules of Civil Procedure and relating to the Tolled Claims, regardless of any corporate
or document retention policy to the contrary. "Potentially relevant information" includes any
tangible thing such as physical materials, documents and electronically stored information.
Electronically stored information must be maintained and preserved in its original "native"
format.
10. This Tolling Agreement is effective upon execution by Waterloo, and
without the requirement of filing with the Court, and may be signed in counterparts.
11. This Tolling Agreement contains the entire agreement between the Parties,
and no statement, promise, or inducement made by any Party to this Tolling Agreement that is
not set forth in this Tolling Agreement shall be valid or binding, nor shall it be used in construing
the terms of this Tolling Agreement as set forth herein.
12. The undersigned representative of each of the Parties certifies that he or
she is fully authorized to enter into the terms and conditions of this Tolling Agreement and to
legally bind such party to all terms and conditions of this document. This Agreement shall be
binding upon the United States, acting on behalf of the United States Environmental Protection
Agency, and upon Waterloo and its successors.
Fourth Tolling Agreement between U.S. & Waterloo at 2
SIGNATURES
The United States, on behalf of the United States Environmental Protection Agency,
consents to the terms and conditions Qf this Tolling Agreement by its duly authorized
representatives orrthis a day of ,r lb(,y , 2014.
tw,o_
Susan M. Akers
Assistant Section Chief
Environmental Enforcement Section
Environment and Natural Resources Division
United States Department of Justice
Danica Ander : Glaser
Trial Attorney
Environmental Enforcement Section
Environment and Natural Resources Division
United States Department of Justice
Fourth Tolling Agreement between U.S. & Waterloo at 3
Waterloo consents to the terms and co itions of this Tolling Agreement by its
duly authorized representative on this day of , 2014.
By:
Fourth Tolling Agreement between U.S. & Waterloo at 4
U.S. Department of Justice
Environment and Natural Resources Division
Environmental Enforcement Section
P.D. Box 7611
Washington, DC 20044
Sharae Akin
Legal Department
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
RE: Waterloo, Iowa, Fourth Tolling Agreement
Dear Ms. Akin:
Danica Anderson Glaser
Direct (202) 514-5270
danica.glaser@usdoj.gov
September 4, 2014
Enclosed is an executed copy of the Fourth Tolling Agreement between the United States
and the City of Waterloo, with original signatures.
Thank you. Please let me know if you have any questions about this matter.
Sincerely,
Danica Anderson Glaser
Trial Attorney
Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice
CITY OF WATERLOO
Council Communication
City Council Meeting: 08/25/2014
Prepared: DeAnne
Dept Head Signature: 5u3y Schare4,
# of Attachments: 4
SUBJECT:
Submitted by:
Fourth Tolling Agreement between U.S. & Waterloo Sanitary Sewer
System
City Attorney Jim Walsh
Recommended City Council Action: Approval of Fourth Tolling Agreement for claims under the
clean Water Act relating to City of Waterloo's Sanitary Sewer System
Summary Statement: Requesting approval of agreement
Expenditure Required: N/A
Source of Funds:
Policy Issue:
Alternative:
Background Information: Ongoing claim for failure to meet the conditions of the United
States Environmental Protection Agency national Pollutant Discharge Elimination System.
ASSURANCES
Airport Sponsors
A. General.
I. 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 this grant offer by the sponsor, these assurances are incorporated in
and become part of this 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 this grant agreement shall remain in full force
and effect throughout the useful life of the facilities developed or equipment acquired for
an airport development or noise compatibility program project, or throughout the useful
life of the project items installed within a facility under a noise compatibility program
project, but in any event not to exceed twenty (20) years from the date of acceptance of a
grant offer of Federal funds for the project. However, there shall be no limit on the
duration of the assurances regarding Exclusive Rights and Airport Revenue so long as
the airport is used as an airport. There shall be no limit on the duration of the terms,
conditions, and assurances with respect to real property acquired with federal funds.
Furthermore, the duration of the Civil Rights assurance shall be specified in the
assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor.
The preceding paragraph 1 also applies to a private sponsor except that the useful life of
project items installed within a facility or the useful life of the facilities developed or
equipment acquired under an airport development or noise compatibility program project
shall be no less than ten (10) years from the date of acceptance of Federal aid for the
project.
3. Airport Planning Undertaken by a Sponsor.
Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18,
25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms, conditions,
and assurances of this grant agreement shall remain in full force and effect during the life
of the project; there shall be no limit on the duration of the assurances regarding Airport
Revenue so long as the airport is used as an airport.
Airport Sponsor Assurances 3/2014 1 of 18
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
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act — 5 U.S.C. 1501, et seq.2
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(0.1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c)
h. Native Americans 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:
1. Title 49, U.S.C., Section 303, (formerly known as Section 4(0)
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252)
(prohibits discrimination on the basis of race, color, national origin);
o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.),
prohibits discrimination on the basis of disability).
p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
q. American Indian Religious Freedom Act, P.L. 95-341, as amended.
r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.1
s. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1
t. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.1
u. Copeland Anti -kickback Act - 18 U.S.C. 874.1
v. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.1
w. Wild and Scenic Rivers Act, P.L. 90-542, as amended.
x. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2
y. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
z. The Federal Funding Accountability and Transparency Act of 2006, as amended
(Pub. L. 109-282, as amended by section 6202 of Pub. L. 110-252).
Airport Sponsor Assurances 3/2014 2 of 18
Executive Orders
a. Executive Order 11246 -
b. Executive Order 11990 -
c. Executive Order 11998 —
d. Executive Order 12372 -
e. Executive Order 12699 -
Construction1
f Executive Order 12898 -
Federal Regulations
Equal Employment Opportunity'
Protection of Wetlands
Flood Plain Management
Intergovernmental Review of Federal Programs
Seismic Safety of Federal and Federally Assisted New Building
Environmental Justice
a. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to
Grants and Contracts with State and Local Governments, and OMB Circular A-133 - Audits
of States, Local Governments, and Non -Profit Organizations1.4, 5, 6
c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment
d. 14 CFR Part 13 - Investigative and Enforcement Proceduresl4 CFR Part 16 - Rules of
Practice For Federally Assisted Airport Enforcement Proceedings.
e. 14 CFR Part 150 - Airport noise compatibility planning.
f 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local Government
Services.
28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the
Civil Rights Act of 1964.
h. 29 CFR Part 1 - Procedures for predetermination of wage rates.'
i. 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.'
29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally
financed and assisted construction (also labor standards provisions applicable to non -
construction contracts subject to the Contract Work Hours and Safety Standards Act).1
k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Federal and federally assisted contracting
requirements).'
1. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative
agreements to state and local governments.3
m. 49 CFR Part 20 - New restrictions on lobbying.
n. 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.
o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions.
49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal
and Federally Assisted Programs.1 2
49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of
Transportation Programs.
r. 49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance.'
s. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs
or Activities conducted by the Department of Transportation.
g.
J.
p.
q.
Airport Sponsor Assurances 3/2014 3 of 18
t. 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.
u. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace (Financial
Assistance)
v. 49 CFR Part 37 — Transportation Services for Individuals with Disabilities (ADA).
w. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building
construction.
Specific Assurances
Specific assurances required to be included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in this grant agreement.
Footnotes to Assurance C.1.
These laws do not apply to airport planning sponsors.
2 These laws do not apply to private sponsors.
3 49 CFR Part 18 and 2 CFR Part 200 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.
4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB)
issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former
Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110
or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A -2I or 2 CFR part
220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces
Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section
200.110, the standards set forth in Part 200 which affect administration of Federal awards
issued by Federal agencies become effective once implemented by Federal agencies or when
any future amendment to this Part becomes final. Federal agencies, including the
Department of Transportation, must implement the policies and procedures applicable to
Federal awards by promulgating a regulation to be effective by December 26, 2014, unless
different provisions are required by statute or approved by OMB.
5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for
determining the eligibility of specific types of expenses.
6 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.
Airport Sponsor Assurances 3/2014 4 of 18
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor:
It has legal authority to apply for this grant, and to finance and carry out the proposed project;
that a resolution, motion or similar action has been duly adopted or passed as an official act of
the applicant's governing body authorizing the filing of the application, including all
understandings and assurances contained therein, and directing and authorizing the person
identified as the official representative of the applicant to act in connection with the application
and to provide such additional information as may be required.
b. Private Sponsor:
It has legal authority to apply for this 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 this grant agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary,
to the landing area of the airport or site thereof, or will give assurance satisfactory to the
Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it
holds good title satisfactory to the Secretary to that portion of the property upon which
Federal funds will be expended or will give assurance to the Secretary that good title will be
obtained.
5. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any ofthe rights
and powers necessary to perform any or all of the terms, conditions, and assurances in this 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. 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.
Airport Sponsor Assurances 3/2014 5 of 18
c. 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 noncompliance with the terms of the agreement.
d. 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.
e. If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to insure that the airport will be operated and maintained in
accordance Title 49, United States Code, the regulations and the terms, conditions and
assurances in this grant agreement and shall insure that such arrangement also requires
compliance therewith.
f. Sponsors of commercial service airports will not permit or enter into any arrangement that
results in permission for the owner or tenant of a property used as a residence, or zoned for
residential use, to taxi an aircraft between that property and any location on airport.
Sponsors of general aviation airports entering into any arrangement that results in
permission for the owner of residential real property adjacent to or near the airport must
comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances.
6. Consistency with Local Plans.
The project is reasonably consistent with plans (existing at the time of submission of this
application) of public agencies that are authorized by the State in which the project is located to
plan for the development of the area surrounding the airport.
7. Consideration of Local Interest.
It has given fair consideration to the interest of communities in or near where the project may be
located.
8. Consultation with Users.
In making a decision to undertake any airport development project under Title 49, United States
Code, it has undertaken reasonable consultations with affected parties using the airport at which
project is proposed.
9. Public Hearings.
In projects involving the location of an airport, an airport runway, or a major runway extension, it
has afforded the opportunity for public hearings for the purpose of considering the economic,
social, and environmental effects of the airport or runway location and its consistency with goals
and objectives of such planning as has been carried out by the community and it shall, when
requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.
Further, for such projects, it has on its management board either voting representation from the
communities where the project is located or has advised the communities that they have the right
to petition the Secretary concerning a proposed project.
Airport Sponsor Assurances 3/2014 6 of 18
10. Metropolitan Planning Organization.
In projects involving the location of an airport, an airport runway, or a major runway extension
at a medium or large hub airport, the sponsor has made available to and has provided upon
request to the metropolitan planning organization in the area in which the airport is located, if
any, a copy of the proposed amendment to the airport layout plan to depict the project and a
copy of any airport master plan in which the project is described or depicted.
11. Pavement Preventive Maintenance.
With respect to a project approved after January 1, 1995, for the replacement or reconstruction
of pavement at the airport, it assures or certifies that it has implemented an effective airport
pavement maintenance -management program and it assures that it will use such program for the
useful life of any pavement constructed, reconstructed or repaired with Federal financial
assistance at the airport. It will provide such reports on pavement condition and pavement
management programs as the Secretary determines may be useful.
12. Terminal Development Prerequisites.
For projects which include terminal development at a public use airport, as defined in Title 49, it
has, on the date of submittal of the project grant application, all the safety equipment required for
certification of such airport under section 44706 of Title 49, United States Code, and all the
security equipment required by rule or regulation, and has provided for access to the passenger
enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft
other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the amount and disposition
by the recipient of the proceeds of this grant, the total cost of the project in connection with
which this 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 this 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 this 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 this
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.
Airport Sponsor Assurances 3/2014 7 of 18
15. Veteran's Preference.
It shall include in all contracts for work on any project funded under this 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
Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans,
and small business concerns owned and controlled by 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 this 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.
Airport Sponsor Assurances 3/2014 8 of 18
g.
It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all
or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's
approval of any planning material developed as part of this grant does not constitute or imply
any assurance or commitment on the part of the Secretary to approve any pending or future
application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,
other than facilities owned or controlled by the United States, shall be operated at all times in
a safe and serviceable condition and in accordance with the minimum standards as may be
required or prescribed by applicable Federal, state and local agencies for maintenance and
operation. It will not cause or permit any activity or action thereon which would interfere
with its use for airport purposes. It will suitably operate and maintain the airport and all
facilities thereon or connected therewith, with due regard to climatic and flood conditions.
Any proposal to temporarily close the airport for non -aeronautical purposes must first be
approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect
arrangements for -
1) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood or other climatic
conditions interfere with such operation and maintenance. Further, nothing herein shall
be construed as requiring the maintenance, repair, restoration, or replacement of any
structure or facility which is substantially damaged or destroyed due to an act of God or
other condition or circumstance beyond the control of the sponsor.
c. It will suitably operate and maintain noise compatibility program items that it owns or
controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation.
It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight altitudes)
will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting
or otherwise mitigating existing airport hazards and by preventing the establishment or creation
of future airport hazards.
21. Compatible Land Use.
It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations, including landing and takeoff of aircraft. In
addition, if the project is for noise compatibility program implementation, it wilt 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.
Airport Sponsor Assurances 3/2014 9 of 18
22. Economic Nondiscrimination.
a. It will make the airport available as an airport for public use on reasonable terms and
without unjust discrimination to all types, kinds and classes of aeronautical activities,
including commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the
airport is granted to any person, firm, or corporation to conduct or to engage in any
aeronautical activity for furnishing services to the public at the airport, the sponsor will insert
and enforce provisions requiring the contractor to-
1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users
thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each unit or service,
provided that the contractor may be allowed to make reasonable and nondiscriminatory
discounts, rebates, or other similar types of price reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and
other charges as are uniformly applicable to all other fixed-based operators making the same
or similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-
based operator that is authorized or permitted by the airport to serve any air carrier at such
airport.
e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another
air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable
rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities
directly and substantially related to providing air transportation as are applicable to all such
air carriers which make similar use of such airport and utilize similar facilities, subject to
reasonable classifications such as tenants or non-tenants and signatory carriers and non-
signatory carriers. Classification or status as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations substantially similar to
those already imposed on air carriers in such classification or status.
f. It will not exercise or grant any right or privilege which operates to prevent any person,
firm, or corporation operating aircraft on the airport from performing any services on its
own aircraft with its own employees [including, but not limited to maintenance, repair, and
fueling] that it may choose to perform.
In the event the sponsor itself exercises any of the rights and privileges referred to in this
assurance, the services involved will be provided on the same conditions as would apply to
the furnishing of such services by commercial aeronautical service providers authorized by
the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be
met by all users of the airport as may be necessary for the safe and efficient operation of the
airport.
i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the
airport if such action is necessary for the safe operation of the airport or necessary to serve
the civil aviation needs of the public.
g.
Airport Sponsor Assurances 3/2014 10 of 18
23. Exclusive Rights.
It will permit no exclusive right for the use of the airport by any person providing, or intending
to provide, aeronautical services to the public. For purposes of this paragraph, the providing of
the services at an airport by a single fixed -based operator shall not be construed as an exclusive
right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based
operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services would require the
reduction of space leased pursuant to an existing agreement between such single fixed -based
operator and such airport. It further agrees that it will not, either directly or indirectly, grant
or permit any person, firm, or corporation, the exclusive right at the airport to conduct any
aeronautical activities, including, but not limited to charter flights, pilot training, aircraft
rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air
carrier operations, aircraft sales and services, sale of aviation petroleum products whether or
not conducted in conjunction with other aeronautical activity, repair and maintenance of
aircraft, sale of aircraft parts, and any other activities which because of their direct
relationship to the operation of aircraft can be regarded as an aeronautical activity, and that
it will terminate any exclusive right to conduct an aeronautical activity now existing at such
an airport before the grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure.
It will maintain a fee and rental structure for the facilities and services at the airport which will
make the airport as self-sustaining as possible under the circumstances existing at the particular
airport, taking into account such factors as the volume of traffic and economy of collection. No
part of the Federal share of an airport development, airport planning or noise compatibility
project for which a grant is made under Title 49, United States Code, the Airport and Airway
Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act
of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of
that airport.
25. Airport Revenues.
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. The following exceptions apply to this paragraph:
1) 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.
Airport Sponsor Assurances 3/2014 11 of 18
2) If the Secretary approves the sale of a privately owned airport to a public sponsor and
provides funding for any portion of the public sponsor's acquisition of land, this limitation
on the use of all revenues generated by the sale shall not apply to certain proceeds from the
sale. This is conditioned on repayment to the Secretary by the private owner of an amount
equal to the remaining unamortized portion (amortized over a 20 -year period) of any
airport improvement grant made to the private owner for any purpose other than land
acquisition on or after October 1, 1996, plus an amount equal to the federal share of the
current fair market value of any land acquired with an airport improvement grant made to
that airport on or after October 1, 1996.
3) Certain revenue derived from or generated by mineral extraction, production, lease, or
other means at a general aviation airport (as defined at Section 47102 of title 49 United
States Code), if the FAA determines the airport sponsor meets the requirements set forth in
Sec. 813 of Public Law 112-95.
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; and
c. for noise compatibility program projects, make records and documents relating to the project
and continued compliance with the terms, conditions, and assurances of this 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:
1) all amounts paid by the airport to any other unit of government and the purposes for
which each such payment was made; and
2) 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.
Airport Sponsor Assurances 3/2014 12 of 18
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 Govemment
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;
3) the location of all existing and proposed nonaviation areas and of all existing
improvements thereon; and
4) all proposed and existing access points used to taxi aircraft across the airport's property
boundary. 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.
Airport Sponsor Assurances 3/2014 [3 of 18
b. If a change or alteration in the airport or the facilities is made which the Secretary
determines adversely affects the safety, utility, or efficiency of any federally owned, leased,
or funded property on or off the airport and which is not in conformity with the airport
layout plan as approved by the Secretary, the owner or operator will, if requested, by the
Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2)
bear all costs of relocating such property (or replacement thereof) to a site acceptable to the
Secretary and all costs of restoring such property (or replacement thereof) to the level of
safety, utility, efficiency, and cost of operation existing before the unapproved change in the
airport or its facilities except in the case of a relocation or replacement of an existing airport
facility due to a change in the Secretary's design standards beyond the control of the airport
sponsor.
30. Civil Rights.
It will promptly take any measures necessary to ensure that no person in the United States shall,
on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination in any
activity conducted with, or benefiting from, funds received from this grant.
a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b)
and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or
conduct all programs in compliance with all nondiscrimination requirements imposed by, or
pursuant to these assurances.
b. Applicability
1) Programs and Activities. If the sponsor has received a grant (or other federal assistance)
for any of the sponsor's program or activities, these requirements extend to all of the
sponsor's programs and activities.
2) Facilities. Where it receives a grant or other federal financial assistance to construct,
expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance
extends to the entire facility and facilities operated in connection therewith.
3) Real Property. Where the sponsor receives a grant or other Federal financial assistance
in the form of, or for the acquisition of real property or an interest in real property, the
assurance will extend to rights to space on, over, or under such property.
c. Duration.
The sponsor agrees that it is obligated to this assurance for the period during which Federal
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:
1) So long as the airport is used as an airport, or for another purpose involving the
provision of similar services or benefits; or
2) So long as the sponsor retains ownership or possession of the property.
d. Required Solicitation Language. It will include the following notification in all
solicitations for bids, Requests For Proposals for work, or material under this grant
agreement and in all proposals for agreements, including airport concessions, regardless
of funding source:
Airport Sponsor Assurances 3/2014 14 of 18
"The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights
Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby
notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to
this advertisement, disadvantaged business enterprises and airport concession
disadvantaged business enterprises will be afforded full and fair opportunity to submit bids
in response to this invitation and will not be discriminated against on the grounds of race,
color, or national origin in consideration for an award."
e. Required Contract Provisions.
1) It will insert the non-discrimination contract clauses requiring compliance with the acts
and regulations relative to non-discrimination in Federally-assisted programs of the
DOT, and incorporating the acts and regulations into the contracts by reference in every
contract or agreement subject to the nondiscrimination in Federally-assisted programs of
the DOT acts and regulations.
2) It will include a list of the pertinent non-discrimination authorities in every contract that
is subject to the non-discrimination acts and regulations.
3) It will insert non-discrimination contract clauses as a covenant running with the land, in
any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a sponsor.
4) It will insert non-discrimination contract clauses prohibiting discrimination on the basis
of race, color, national origin, creed, sex, age, or handicap as a covenant running with
the land, in any future deeds, leases, license, permits, or similar instruments entered into
by the sponsor with other parties:
a) For the subsequent transfer of real property acquired or improved under the
applicable activity, project, or program; and
b) For the construction or use of, or access to, space on, over, or under real property
acquired or improved under the applicable activity, project, or program.
f. It will provide for such methods of administration for the program as are found by the
Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees,
contractors, subcontractors, consultants, transferees, successors in interest, and other
participants of Federal financial assistance under such program will comply with all
requirements imposed or pursuant to the acts, the regulations, and this assurance.
It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the acts, the regulations, and this assurance.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, including land
serving as a noise buffer, 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 be, at the discretion of the Secretary, (I) reinvested in another project at the
airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The
Secretary shall give preference to the following, in descending order, (1) reinvestment in an
g.
Airport Sponsor Assurances 3/2014 15 of 18
approved noise compatibility project, (2) reinvestment in an approved project that is eligible
for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in
an approved airport development project that is eligible for grant funding under Sections
47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor
of another public airport to be reinvested in an approved noise compatibility project at that
airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If
land acquired under a grant for noise compatibility purposes is leased at fair market value
and consistent with noise buffering purposes, the lease will not be considered a disposal of
the land. Revenues derived from such a lease may be used for an approved airport
development project that would otherwise be eligible for grant funding or any permitted use
of airport revenue.
b. For land purchased under a grant for airport development purposes (other than noise
compatibility), it will, when the land is no longer needed for airport purposes, dispose of such
land at fair market value or make available to the Secretary an amount equal to the United
States' proportionate share of the fair market value of the land. That portion of the proceeds
of such disposition which is proportionate to the United States' share of the cost of acquisition
of such land will, (1) upon application to the Secretary, be reinvested or transferred to another
eligible airport as prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order: (1) reinvestment in an approved noise compatibility project,
(2) reinvestment in an approved project that is eligible for grant funding under Section
471 I7(e) of title 49 United States Code, (3) reinvestment in an approved airport
development project that is eligible for grant funding under Sections 47114, 47115, or 47117
of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport
to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the
Secretary for deposit in the Airport and Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may
be needed for aeronautical purposes (including runway protection zones) or serve as noise
buffer land, and (2) the revenue from interim uses of such land contributes to the financial
self-sufficiency of the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31, 1987, will be considered to be needed for airport
purposes if the Secretary or Federal agency making such grant before December 31, 1987,
was notified by the operator or owner of the uses of such land, did not object to such use,
and the land continues to be used for that purpose, such use having commenced no later than
December 15, 1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of
any interest or right therein necessary to ensure that such land will only be used for purposes
which are compatible with noise levels associated with operation of the airport.
32. Engineering and Design Services.
It will award each contract, or sub -contract for program management, construction management,
planning studies, feasibility studies, architectural services, preliminary engineering, design,
engineering, surveying, mapping or related services with respect to the project in the same
manner as a contract for architectural and engineering services is negotiated under Title IX of
the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -
based requirement prescribed for or by the sponsor of the airport.
Airport Sponsor Assurances 3/2014 16 of 18
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 MAR 2 0 2014 (the latest approved version as
of this grant offer) 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.
a. 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.
b. 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.
c. It will make available within a reasonable period of time prior to displacement, comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part
24.
36. Access By Intercity Buses.
The airport owner or operator will permit, to the maximum extent practicable, intercity buses or
other modes of transportation to have access to the airport; however, it has no obligation to fund
special facilities for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises.
The sponsor shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and
performance of any concession activity contract covered by 49 CFR Part 23. In addition, the
sponsor shall not discriminate on the basis of race, color, national origin or sex in the
administration of its DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and
26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to
ensure nondiscrimination in the award and administration of DOT -assisted contracts, and/or
concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts
26 and 23, and as approved by DOT, are incorporated by reference in this agreement.
Implementation of these programs is a legal obligation and failure to carry out its terms shall be
treated as a violation of
this agreement. Upon notification to the sponsor of its failure to carry out its approved program,
the Department may impose sanctions as provided for under Parts 26 and 23 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program
Fraud Civil Remedies Act of 1936 (31 U.S.C. 3801).
Airport Sponsor Assurances 3/2014 17 of 18
38. Hangar Construction.
If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be
constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or
operator will grant to the aircraft owner for the hangar a long term lease that is subject to such
terms and conditions on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. if the airport owner or operator of a medium or large hub airport (as defined in section
47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air
carrier for access to gates or other facilities at that airport in order to allow the air carrier to
provide service to the airport or to expand service at the airport, the airport owner or
operator shall transmit a report to the Secretary that -
1) Describes the requests;
2) Provides an explanation as to why the requests could not be accommodated; and
3) Provides a time frame within which, if any, the airport will be able to accommodate the
requests.
b. Such report shall be due on either February 1 or August 1 of each year if the airport has been
unable to accommodate the request(s) in the six month period prior to the applicable due
date.
Airport Sponsor Assurances 3/2014 18 of 18
FAA
Airports
Current FAA Advisory Circulars Required for Use in AIP
Funded and PFC Approved Projects
Updated: 3/20/2014
View the most current versions of these ACs and any associated changes at:
http://www.faa.gov/airports/resources/advisory circulars
NUMBER
TITLE
70/7460-1K
Obstruction Marking and Lighting
150/5020-1
Noise Control and Compatibility Planning for Airports
150/5070-6B
Airport Master Plans
Change 1
150/5070-7
The Airport System Planning Process
150/5100-13B
Development of State Standards for Nonprimary Airports
150/5200-28D
Notices to Airmen (NOTAMS) for Airport Operators
150/5200-30C
Airport Winter Safety And Operations
Change 1
150/5200-31C
Airport Emergency Plan
Change 2
150/5210-5D
Painting, Marking, and Lighting of Vehicles Used on an Airport
150/5210-7D
Aircraft Rescue and Fire Fighting Communications
150/5210-13C
Airport Water Rescue Plans and Equipment
150/5210-14B
Aircraft Rescue Fire Fighting Equipment, Tools and Clothing
150/5210-15A
Aircraft Rescue and Firefighting Station Building Design
150/5210-18A
Systems for Interactive Training of Airport Personnel
150/5210-19A
Driver's Enhanced Vision System (DEVS) Ground Vehicle Operations
on Airports
FAA Advisory Circulars Requ'red for Use in
AIP Funded and PFC Approved Projects
Updated 3/20/2014
Page 1 of 5
NUMBER
TITLE
150/5210-19A
Driver's Enhanced Vision System (DEVS) Ground Vehicle Operations
on Airports
150/5220-10E
Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles
150/5220-16D
Automated Weather Observing Systems (AWOS) for Non -Federal Applications
150/5220-17B
Aircraft Rescue and Fire Fighting (ARFF) Training Facilities
150/5220-18A
Buildings for Storage and Maintenance of Airport Snow and Ice
Control Equipment and Materials
AC 150/5220-20
Change 1
Airport Snow and Ice Control Equipment
150/5220-21C
Aircraft Boarding Equipment
150/5220-22B
Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
150/5220-23
Frangible Connections
150/5220-24
Foreign Object Debris Detection Equipment
150/5220-25
Airport Avian Radar Systems
150/5220-26
Change 1
Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS -
B) Out Squitter Equipment
150/5300-7B
FM Policy on Facility Relocations Occasioned by Airport Improvements
or Changes
150/5300-13A
Change 1
Airport Design
150/5300-14C
Design of Aircraft Deicing Facilities
150/5300-16A
General Guidance and Specifications for Aeronautical Surveys: Establishment
of Geodetic Control and Submission to the National Geodetic Survey
150/5300-17C
Standards for Using Remote Sensing Technologies in Airport Surveys
150/5300-18B
Change 1
General Guidance and Specifications for Submission of Aeronautical
Surveys to NGS: Field Data Collection and Geographic Information System
(GIS) Standards
150/5320-5D
Surface Drainage Design
150/5320-6E
Airport Pavement Design and Evaluation
FAA Advisory Circulars Required for Use in Updated 3/20/2014
AIP Funded and PFC Approved Projects
Page 2 of 5
NUMBER
TITLE
150/5320-12C
Measurement, Construction, and Maintenance of Skid Resistant
Airport Pavement Surfaces
150/5320-15A
Management of Airport Industrial Waste
150/5235-4B
Runway Length Requirements for Airport Design
150/5335-5C
Standardized Method of Reporting Airport Pavement Strength —
PCN (Draft approved for use)
150/5340-1 L
Standards for Airport Markings
150/5340-5D
Segmented Circle Airport Marker System
150/5340-18F
Standards for Airport Sign Systems
150/5340-30G
Design and Installation Details for Airport Visual Aids
150/5345-3G
Specification for L-821, Panels for the Control of Airport Lighting
150/5345-5B
Circuit Selector Switch
150/5345-7F
Specification for L-824 Underground Electrical Cable for Airport
Lighting Circuits
150/5345-10G
Specification for Constant Current Regulators and Regulator Monitors
150/5345-12F
Specification for Airport and Heliport Beacons
150/5345-13B
Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of
Airport Lighting Circuits
150/5345-26D
FAA Specification For L-823 Plug and Receptacle, Cable Connectors
150/5345-27E
Specification for Wind Cone Assemblies
150/5345-28G
Precision Approach Path Indicator (PAPI) Systems
150/5345-39D
Specification for L-853, Runway and Taxiway Retro reflective Markers
150/5345-42G
Specification for Airport Light Bases, Transformer Housings, Junction
Boxes, and Accessories
150/5345-43G
Specification for Obstruction Lighting Equipment
150/5345-44J
Specification for Runway and Taxiway Signs
150/5345-45C
Low -Impact Resistant (LIR) Structures
FAA Advisory Circulars Required for Use in Updated 3/20/2014
AIP Funded and PFC Approved Projects
Page 3 of 5
NUMBER -
TITLE
150/5345-46D
Specification for Runway and Taxiway Light Fixtures
150/5345-47C
Specification for Series to Series Isolation Transformers for Airport
Lighting Systems ,
150/5345-49C
Specification L-854, Radio Control Equipment
150/5345-50B
Specification for Portable Runway and Taxiway Lights
150/5345-51 B
Specification for Discharge -Type Flashing Light Equipment
150/5345-52A
Generic Visual Glideslope Indicators (GVGI)
150/5345-53D
Airport Lighting Equipment Certification Program
150/5345-54B
Specification for L-884, Power and Control Unit for Land and Hold Short
Lighting Systems
150/5345-55A
Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150/5345-56B
Specification for L-890 Airport Lighting Control and Monitoring
System (ALCMS)
150/5360-12F
Airport Signing and Graphics
150/5360-13
Change 1
Planning and Design Guidelines for Airport Terminal Facilities
150/5360-14
Access to Airports By Individuals With Disabilities
150/5370-2F
Operational Safety on Airports During Construction
150/5370-10F
Standards for Specifying Construction of Airports
150/5370-11B
Use of Nondestructive Testing in the Evaluation of Airport Pavements
150/5370-13A
Off -Peak Construction of Airport Pavements Using Hot -Mix Asphalt
150/5370-153
Airside Applications for Artificial Turf
150/5370-16
Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements
150/5370-17
Airside Use of Heated Pavement Systems
150/5380-63
Guidelines and Procedures for Maintenance of Airport Pavements
150/5390-2C
Heliport Design
150/5395-1A
Seaplane Bases
FM Advisory Circulars Required for Use in
AIP Funded and PFC Approved Projects
Updated 3/20/2014
Page 4 of 5
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
Updated: 3/7/2014
NUMBER
TITLE
150/5100-14D
Architectural, Engineering, and Planning Consultant Services for Airport
Grant Projects
150/5100-17
Changes 1 - 6
Land Acquisition and Relocation Assistance for Airport Improvement
Program Assisted Projects
150/5300-9B
Predesign, Prebid, and Preconstruction Conferences for Airport Grant Projects
150/5300-15A
Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17
Airfield Pavement Surface Evaluation and Rating (PASER) Manuals
150/5370-6D
Construction Progress and Inspection Report — Airport Grant Program
150/5370-12A
Quality Control of Construction for Airport Grant Projects
150/5380-7A
Airport Pavement Management Program
FAA Advisory Circulars Required for Use in
AIP Funded and PFC Approved Projects
Updated 3/20/2014 Page 5 of 5