Minutes of 10/19/2001 Airport Advisory Committee 1. Open meeting: 0900. 2. Attendance: A. Present: Tim Scully, Tom Goncharoff, Trey Loy, Dave Brewer, Dick Ahrens B. Willow Trent, Susan Winding. C. Visitors: Tom Peters of DOT, Stephen Ford of DOT, Naomi Jarvie, Steve Schoolman, Bob Rodriguez. 3. Minutes of previous meeting: approved. 4. Correspondence: A. PRC approval of writing Master Plan. B. PRC approval of dog park. C. CAL DOT: Aviation Assessment. D. Grants background. 5. Dog Park A. Major concern of PRC is care of dog wastes. B. Chuck Boyer to prepare a lease agreement. C. Location: SE of Albion-Little River Road, outside the aviation-use line. 6. Tree trimming/land acquisition A. Lot Number 10 is already owned by the County. B. Lot 9 is still privately owned. C. Airport Layout Plan is the controlling document. D. Tom Peters will find out whether timber harvest plan is required. E. Cutting and wind pattern changes must be addressed. F. Drainage needs to be addressed. G. A tree management plan will be required by the FAA. 7. Hangars A. Site preparation study needed. B. What can LRAAC do to help? 8. Close meeting at 10:55am. The committee's next meeting will be from 9am to 11am on Friday November 16 at the Clubhouse at The Woods, 43300 Little River Airport Rd. The agenda for this meeting is: Approve the minutes of the last meeting Communications (letters, FAXes, etc, sent/received since last meeting) status reports and discussion on: * Tree trimming, cutting and/or lighting * additional hangars at the airport * Dog Park at the airport * clear zone acquisition We will work on a draft update of the Airport Master Plan. We will discuss FAA grant funding for the airport and MCOG Reports from subcommittees Public comment Agree on a date, time and place for the next meeting Agree on agenda for next meeting Members of the Little River Airport Advisory Committee ------------------------------------------------------ Dick Ahrens pilot, airport neighbor Dave Brewer pilot, lives near airport Tom Goncharoff Trey Loy non-pilot, lives near airport Tim Scully inactive pilot (lost medical), computer programmer, lives near airport Willow Trent airport neighbor, non-pilot Susan Winding airport neighbor, non-pilot, business owner --------------------------------------------------------------------------- --------------------------------------------------------------------------- PUBLIC RESOURCES COMMITTEE MINUTES SEPTEMBER 17, 2001 The Public Resources Committee met on Monday, September 17,2001, at 10:12 a.m. with the following members present: Supervisors Delbar and Shoemaker. Chair Delbar presiding. Also present: Assistant County Administrative Officer, Bruce Mordhorst, and Janelle Rau, Deputy Clerk of the Board. 1. Status Report Regarding Additional Hangars at Little River Airport Mr. Gene Calvert, Interim Director of Transportation; Mr. Tim Scully, Chair of the Little River Airport Advisory Committee; and other members of the Little River Airport Advisory Board were present to address the item. Mr. Scully, along with members of the Little River Airport Advisory Committee, reviewed the following recommendations and issues for Committee consideration: An interim 'Dog Park' on airport land that is designated for non-aviation use (report presented for Committee review); managing trees penetrating the airport height limits, including abatement processes, removal, or installation of lighting to illuminate the trees; FM advisory circulars relating to Airport Master Plans and the processes necessary to produce such plans; and the status of the relocation of the hangar project. A question and answer period ensued relative to issues associated with refuse disposal at the proposed Dog Park project; aspects of the proposed Dog Park lease agreement; financial aspects of the proposed Dog Park project; and temporary use clause regarding non-aviation use. Ms. Willow Trout[sic], member of the Little River Airport Advisory Committee, expressed concern regarding the proposed removal of trees. Mr. Calvert commented on safety issues associated with trees penetrating airport height limits, recommending that long-term solutions address both safety and environmental concerns. A question and answer period ensued relative to previous tree removal at the Little River Airport; options and issues associated with the removal of trees; potential acquisition of the properties adjacent to the airport; and various issues associated with the integrity of the land resulting from previous tree removal. Committee members discussed the Committee referral process and suggested that Department of Transportation staff collaborate with the Little River Airport Advisory Committee regarding 'clean-up' of that process and report to the full Board at a later date. Recommendation: The Public Resources Committee approves and/or directs the following: Approves the proposed Dog Park project, with the understanding that the site of the project may be relocated upon the completion of the Airport Master Plan and that approval may be temporary dependent upon review of non-aviation use of the property; directs staff to research the potential acquisition of parcels, identified as parcels nine and ten; directs that further analysis be performed regarding the removal of trees, including researching and utilizing a Request for Proposal process; directs that the necessary solutions to address the issues associated with tree removal be incorporated into the Airport Master Plan; recommends that the Advisory Committee collaborate with the Department of Transportation regarding an analysis of the Master Plan and, upon completion of the draft Master Plan, request a re-referral to the Committee for presentation to the Board of Supervisors. Further, the Clerk is directed to present a report to the Board of Supervisors via the Consent Calendar, thus clearing the item from Committee. --------------------------------------------------------------------------- --------------------------------------------------------------------------- 10/11/01 Tim, Here is a copy of correspondence the LRAAC may be interested in. I will see you on October 19. I got a copy of the Summit Aviation CD for our office. Thanks for the tip. Tim Peters ---------------------------- DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS -M.S.#40 1120 N STREET P. 0. BOX 942873 SACRAMENTO, CA 94273-0001 PHONE (916) 654-4959 FAX (916) 653-9531 September 14, 2001 To: Airport Managers Regional Transportation Planning Agencies Other Aviation and Space Interests Subject: Upcoming Aviation Economic Assessment/Request for Related Reports In January 2002, the California Department of Transportation (Department), Division of Aeronautics, will begin a project to assess the impact of aviation on economic development in California. The project's objectives are (1) to identify the economic and quality-of-life impacts of aviation on communities, regions, the state and the nation; and (2) to provide clear and credible information on the economic and quality-of-life benefits of airports, space launch facilities and aviation in the state. Results will be used by the Department and others (1) to improve understanding of the economic and quality-of-1ife impacts of aviation in California among policymakers and planners, various segments of the aviation industry, and the public; and (2) to identify and address issues related to planning and programming transportation facilities. Consultant selection is underway. Nancy Benjamin, Aviation Planning Specialist, will be the Contract Manager. Throughout the project we will be working with airports, regional transportation planning agencies, the Federal Aviation Administration (FAA), aviation system users, various segments of the aviation and space industry and the public to ensure appropriate information is included and objectives are met. The project will be completed in March 2003. You will be hearing much more about the project when the Consultant has been selected later this year In the meantime, we are developing an inventory of existing airport and aviation-related economic studies and reports. If you have or are aware of documents that should be considered in the economic assessment, would you please contact Nancy before December 1, 2001, at Nancy Benjamin@dot.ca., telephone 916-654-6223 (CALNET 916-464-6223). We will be collecting electronic or hardcopy versions but would prefer internet access. We are looking forward to working with you on this challenging and important project. Please contact Nancy if you can help us with the document inventory or would like more information about the project. Sincerely, R. Austin Wiswell Acting Division Chief c: RTP Aviation System Planning Committee TACA Chuck Oldham, CTC Berm Bliss, FAA John Pfeiffer, FAA NASAO SWAAAE CPA ACA California Space Authority --------------------------------------------------------------------------- --------------------------------------------------------------------------- Here is a brief outline of the history of my contacts with MCOG and of the FAA grants. August 2000 request for help in producing ICASP from Larry Wright, MCOG. "Interregional California Aviation System Plan" was overdue. I was given a week in which to gather information to help Mr. Wright draft the plan. I provided this input after consultation with Dave Thorpe and several local pilots. (here is a quote from the 9/15/2000 AAC minutes, where I reported on this. GOALS ----- Maintain adequate facilities for general aviation for residents of the county, without undue financial hardship to the county. POLICIES -------- Consistent with regional priorities and financial constraints, the regional aviation facilities should accomodate the mobility needs of commerce and passenger travel, together with the special needs of agriculture, industry, recreation and emergency services. Maintain and improve existing publicaly-owned airports of the region as consistent with established needs and financial constraints. Future development of each airport should be based upon an adopted master plan for the facility. [The current Little River Airport master plan was completed in February 1990. The Airport Advisory Committee has begun the long process of updating this plan.] Provide adequate public transit with improved streets and roads to regional airports based upon established need and financial constraints. All aviation facilities should be environmentally acceptable and, where warranted, respective owner/agencies should cooperate to develop adequate noise control measures in accordance with airport regulations and appropriate land use planning of adjacent lands. [Little River Airport adopted a noise abatement policy developed by the Airport Advisory Committee in late 1996.] Local rules affecting Little River airport ------------------------------------------ Mendocino County ordinance #3347 adopted by the Board on JUly 7, 1981 regulates the airport. Accomplished since the last plan -------------------------------- The Little River Airport runway and taxiways were fog sealed and restriped in 1999. The Board of Supervisors asked the FAA to develop non-precision GPS instrument approaches for Little River Airport in 1999. The height and location of many trees around the airport have been surveyed by the Little River Airport Pilots Association, but an action plan for dealing with the trees has not yet been developed. The airport operations building has been refurbished by local pilots. The underground fuel tanks have been removed and replaced with a card-lock above ground fuel system. Free standing restrooms were built. Taxiway edge reflectors Updated runway identification and hold short signs, added noise abatement signs. OBJECTIVES ---------- ACTION PLAN ----------- Short Range Plan (next 10 years) ---------------- 1) Build 10-16 additional hangars. - cost about $220,000 to $350,000 2) Complete the process of obtaining non-precision GPS approaches. No known cost unless tree trimming is required. 3) AWOS or ASOS installation -- cost about $200,000 4) land swaps to acquire clear zones -- cost unknown 5) Replace the existing runway edge lighting system and wiring -- cost unknown 6) Drill a new water well and install a storage tank. -- cost unknown 7) replace septic system -- cost unknown 8) about 5 years out - overlay of all paved areas -- cost over $1,000,000 9) Trim trees and brush -- cost unknown Long Range Plan (next 20 years) --------------- Trim trees and brush replace storage buildings replace ops building more tiedowns more hangars as needed Large transient hangar or covered parking Corrections to the 1998 inventory element ----------------------------------------- Based Aircraft - single engine 22 multi-engine 1 ultralight 1 total 24 Aircraft parking type Available Occupied T-hangars 0 24 tie downs 34 2 shelters 0 0 Annual operations 6500 Corporate - yes Cargo - no Agriculture - no Passenger - no Medical emergency - 60 Search and rescue - 12 Training - yes Tourism - yes Glider - no Parachute - no ultralights - yes Public transportatation - yes Auto rental - yes AVGAS fuel - yes (card lock) JET fuel - no power plant repair - no airframe repair - no avionics repair - no prop service - no ----------------------------------------------------------------- The next contact from MCOG was in December 2000, with notice of a workshop in Ukiah to review the ICASP, the RTP (Regional Transportation Plan) and the FAA grant program ($150,000/year). I was asked to provide a draft wishlist of projects for the grant money. The workshop was held on January 17 in Ukiah. Dave Thorpe and a group of pilots met and generated a draft list of proposed projects for the $150,000 grants on January 4th. This was reported in the January 19, 2001 AAC minutes: From: Dave Brewer [dmb001] Sent: January 04, 2001 5:26 PM To: Tim Scully; Dick Ahrens; Little River Airport Subject: MCOG Workshop Dick Ahrens, Dave Thorpe and I met at the Airport office today to come up with a list of possible uses for the $150K federal grant. The first three have to do with the GPS approach. 1. Cut trees which penetrate the 20:1 and 7:1 planes at the sides and at either end of the airport. It is likely that CDF will do the actual work. If so, the costs will be at the county DOT to administer the process leading to a decision to do the cutting. Maybe $20K? 2. Install an ASOS. About $150K. Dave T. is willing to be trained in maintenance of the unit. 3. Land swap to provide access to trees at the approach end of rwy 29. Maybe $20K. 4. Finish the crack sealing on the runway and taxiways started by the county last year. Dave T. will get an estimate form the contractor who did the work. 5. Provide hangar infrastructure in the form of power and telephone for the proposed new hangars. Dave B. will get a rough estimate from PG&E. 6. Pave new runup areas for both runways. Estimate; 50' X 150' X $5/sq.ft. X 2 = $75K. 7. Install new lighting controller. Dave T. will get a cost. I can't speak for Dick, but Tim and Dave T. have my permission to add, delete and modify the above as they see fit. Dave Brewer I passed this list on to Chuck Boyer on January 11th. Later, Chuck told me that DOT did not apply for any specific projects for the first year's grant - instead he said that they sent a letter "rolling over" the funds to the next year. I have not been able to obtain a copy of that letter. ---------------------------------------------------------------------- I heard from Larry at MCOG in a letter dated April 23 discussing airport planning grant assitance. I heard from Larry at MCOG on July 16, and invitation to another workshop on the ICASP, to be held in Humboldt County on July 31. I wasn't able to attend. ----------------------------------------------------------------------- I wrote to Chuck Boyer in June 2001 asking if the AAC can help in preparing the FAA grant application for 2001. I followed up in August 2001. Chuck said he hoped to get back to me in September. So far, I have not heard from him about the FAA grant. --------------------------------------------------------------------------- --------------------------------------------------------------------------- Here is an excerpt from the 1/19/2001 AAC minutes which sets forth the grant assurances which already obligate our airport due to the annual CalTrans grant we receive: Annual Grants ------------- These are State grants to eligible airports for use at the sponsor's discretion subject to applicable laws and regulations, with prior approval from the Department. Sponsor Eligibility The airport must be owned by an eligible public agency (e.g., a city, county or airport district). The sponsor must: + Ensure that the airport is open to the public without restriction to general and commercial aviation. + Have a valid state permit for the airport. + Adopt rules that give it sufficient control over the operation of the airport. + Have height restrictions around the airport which are adequate to ensure that operations can be conducted without any hazardous obstructions. + Establish a Special Aviation Fund in which state grant monies are deposited. + Certify eligibility annually with a form (DOA-OOO7) that is provided by the Department. --------------------------------------------------------------------------- --------------------------------------------------------------------------- This is the closest I could come to locating an accplication form and a list of the "strings" attached to FAA grant money: http:// .faa.gov/arp/aplct.htm 01/07/2001 NOTICE TO ALL STATE AVIATION OFFICIALS AVIATION STATE BLOCK GRANT PROGRAM In the near future, the States could be invited by the Federal Aviation Administration (FAA) to apply to implement block grants under the Airport Improvement Program (AlP). Additional action by the Congress is necessary for the continuation beyond September 30, 1996, of the AlP and State block grant program. Congressional action could expand the program to new States. However, the required deadline for State applications could be during this calendar year if the block grant rogram is expanded, depending upon the authorization which may be enacted. If yor State wishes to be considered for such program, a preapplication process may be used in anticipation of any authorization requiring FAA selection of additional block grant States. The current AlP pilot States should continue working with their respective FAA regional offices since we anticipate they could be included in an extended aviation block grant program without reapplying. Any questions about he block grant program should be directed to the Airports Division Manager in the designated FAA regional office, or the Airports District Office Manager, if applicable. INSTRUCTIONS FOR PREPARING PREAPPLICATION AVIATION STATE BLOCK GRANT PROGRAM This is a preapplication procedure and format for States that anticipate requesting State block grants under he Airport Improvement Program (AlP) if that program is reauthorized and expanded. Advanced Notice of Procedures. The preapplication procedures are intended to provide advanced notice for interested States and additional time on preparation of their application if the block grant program is expanded. The current State block grant pilot program under Title 49, United States Code, section 47128 (49 USC 47128), provides the basis for these procedures. The original pilot program was implemented in fiscal year 1990. It involved Illinois, Missouri, and North Carolina for the first 3 years. It was extended to Michigan, New Jersey, Texas, and Wisconsin during the remaining period. The Federal Aviation Administration (FAA) has been committed to using the block grant program for further development of the State/Federal partnership. Criteria to be used by the FAA for selecting State participants would be based on those listed in 49 USC 47128 or further statutory authority which could be enacted. We anticipate that selection of additional State participants due to expansion of the block grant program would be conducted in a manner similar to the existing pilot program with only minor changes to accommodate any changes in the statute. State Flexibility. The FAA intends to continue providing States with flexibility to tailor the number or types of airports included in the block grant depending upon their needs and capabilities. For instance, States could opt to have the FAA continue administering grants for some or all relievers, commercial service airports, and locations in the Military Airports Program. A block grant State might expand the scope of its program in a subsequent year. The strength or ranking of a State application would not necessarily depend on including all nonprimary airports. Applicants may consult with FAA regions on how a potential State block grant might be appropriately tailored to the specific situation. As another possible example of State flexibility, the FAA could consider requests for exemptions from section 156,5(b) of Federal Aviation Regulations, which indicates no AlP funds may be used for program administration costs. In response to previous requests, FAA has approved use of up to 1 percent of a State's apportionment funds, or $75,000, whichever is greater, to help defray State block grant program administrative costs. In any case, project administrative costs associated with individual implementation projects, would qualify as allowable project costs subject to limitations in current guidance for development project costs. Preapplication Deadline. No dates have been established at this time for submission of preapplications to the FAA regional offices or for the selection of States. A schedule of events, including meetings, ongoig FAA review, and issuance of grants, could be announced at a later time if the block grant program is extended. A State interested in such a block grant program should contact the regional Airports division or district office as applicable, at any time for information and assistance about completing or returning preapplications. Please note that a preapplication would not be a prerequisite of the program and a State may choose to wait until deadlines are announced before submittal of an application. We anticipate that the schedule, when set, would allow only a short notification period, which is the reason for this advanced notice and preapplication process. Procedure for State Preapplications. The three-part forms following this set of instructions, as well as standard assurances, are to be used for preapplications. Barring unforeseen events, the same forms will be used for the applications. A copy of Standard Form 424 may be used in place of Part I. The preapplication forms should be sent electronically, by U.S. Mail, or through other delivery services, to the regional Airports Division Manager. A list of Internet addresses for the regional Airports division managers is provided below. 1. New England: vincent.scarano@faa.dot.gov 2. Eastern: bill.degraaff@faa.dot.gov 3. Southem: steve.brill@faa.dot.gov 4. Great Lakes: W .Robert.Billingsley@faa.dot.gO\T 5. Central: george.hendon@faa.dot.gov 6. Southwest: naomi.saunders@faa.dot.gov 7. Norhwest Mountain: lowell.johnson@faa.dot.gov 8. Western-Pacific: herman.bliss@faa.dot.gov 9. Alakan: ron.simpson@faa.dot.gov State selection Process. Applications received by FAA regions within the deadline to be established would be revlewed to determine whether the mandatory requirements of 49 USC 47128 have been met. Regions will be expected to make recommendations for State selection by the FAA Administrator based on the State's qualifications for administering nonprimary airport projects under the AlP at that time. PART I PREAPPLICATION/APPLICATION FORM STATE INFORMATION AVIATION BLOCK GRANT PROGRAM Part I of the application for the State block grant program under the Airport Improvement Program (AlP) includes selected infomiation from Standard Form (SF) 424, Application for Federal Assistance. States may use SF 424 or any written format they choose to address the information below for the U.S. Department of Transportation (DOT), Federal Aviation Administration (FAA). Each item should be completed. 1. Date that State application for the block grant program is submitted to FAA regional office. 2. Legal name of State applicant's primary organizational unit that will administer the block grant program. 3. Add ess of State applicant. 4. Employer identification number as has been assigned by the U.S. Internal Revenue Service. 5. Is the State applicant organization delinquent on any Federal debt, such as audit disallowances, loans, or taxes. 6. If the State applicant is delinquent on Federal debt, what is the explanation of that situation. 7. Typed name of authorized State representative for whom a copy of the governing body's authorization to sign this application is on file in the applicant's office. 8. Title of authorized State representative. 9. Telephone number of authorized State representative. 10. Signature of authorized State representative. PART II -PREAPPLICATION/APPLICATION FORM STATE PROGRAM INFORMATION AVIATION BLOCK GRANT PROGRAM Part I of the application will provide the principal information used to select the successful candidates for the AlP block grant program. States receiving block grants will be expected to carry out the program in accordance with the information which they present in the application. States may use any written forma they choose to provide the information below. Each item should be addressed. 1. Desribe your State's general approach to the block grant program. 2. Describe your agency or organization to show that it is capable of administering effectively a block grant. 3. Describe your airport system planning process. Specify how safety and security projects are justified in your airport system planning process. 4. Describe your environmental study and protection requirements as they apply to airport development. 5. Define your project programming process as well as the project priority ranking system and compare it with the FAA system. This item must include how your programming process provides for meeting critical safety and security projects. It must also describe how the programming process ensures that the needs of the national airport system are addressed. 6. Describe your procedure for compliance with Federal procedural and other standard requirements. 7. Dercribe any State channeling act which requires you to be an agent, sponsor, or otherwise participate, in financial oversight of a Federal airport project. PART III - PREAPPLICATION/APPLICATION FORM STATE ASSURANCES AVIATION BLOCK GRANT PROGRAM I. General. These assurances are required to be submitted as Part III of the application form by States applying to participate in the State block grant program under Title 49, United States Code, section 4712 , and Title 14, Code of Federal Regulations, Part 156. Participating States shall comply with these assuraces in the performance of any grant agreement executed as a result of this application. 2. Inclusion in Grant Agreement. Upon acceptance by the State of the grant offer, these assurances are incoporated in and become part of the grant agreement. 3. Standard Federal Requirements. The State agrees to comply with Federal procedural and other standard requirements for administering the block grant. 4. Program Reporting. The State agrees to provide the FAA with such program or project information as the DOT Secretary may require. 5. Obligation to Standard Assurances. For all projects where the State is the owner of the airport(s), the State shall be obligated to comply with the standard AIP Assurances entitled "Assurances - Airport Sponsors" and "Assurances - Nonairport Sponsors Undertaking Noise Compatibility Program Projects," as appropriate to the individual project. These standard assurances are attached to and become part of these Aviation Block Grant Program State Assurances. For all projects benefiting an airport owner other than the State, the State shall enter into an agreement with that airport owner which shall obligate that airport owner, or the State, to comply with each of the attached assurances which would have been applicable to the airport owner had it applied directly to the FAA for a grant to undertake the project. That agreement shall address the transfer and delegation to the airport owner of State obligations to the FAA, if desired. That agreement and changes thereto must be satisfactory to the Administrator of the FAA. 6. Compliance Responsibilities. The State shall take steps to enforce its agreement with each airport owner benefiting from the block grant program if noncompliance with the terms of the agreement is evident. This compliance responsibility shall be assumed by the FAA at the termination of the block grant program, or as otherwise agreed to by the State and the FAA. 7. Environmental Responsibilities. A State which is subject to its own environmental requirements comparable to requirements of the National Environmental Policy Act (NEPA) of 1969 ("NEPA-like," as defined in regulations issued by the U.S. Council on Environmental Quality (CEQ)) shall follow its own requirements. If the State has no such requirements, it shall follow applicable CEQ regulations. 8. State Resource Availability. The State assures that sufficient funds will be available for that portion of project costs which are not paid by the United States, and that sufficient qualified personnel will be available to carry out its responsibilities under this grant in a timely manner satisfactory to the FAA. 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. Flood Disaster Protection Act of 1973 - Section 102(a) -42 U.S.C. 4012a. i. Rehabilitation Act of 1973 - 29 U.S.C. 794. j. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. k. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. l. Architectural Barriers Act of 1968 - U.S.C. 4151, et seq. m. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 - 42 U.S.C. 8373. n. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq. o. Copeland Antikickback Act -18 U.S.C. 874. p. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq. q. Endangered Species Act of 1973 - 16 U.S.C. 668(a), et seq. r. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq. s. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 11246 - Equal Employment Opportunity Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction Federal Regulations a. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments. b. 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. c. 49 CFR Part 23 - Participation of minority business enterprise in Department of Transportation programs. d. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition regulation for Federal and federally assisted programs. e. 49 CFR Part 27 - Non-Discrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance. f. 49 CFR Part 29 - Governmentwide debarment and suspension (non-procurement) and governmentwide requirements for drug-free workplace (grants). g. 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. 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. j. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction. k. 41 CFR Part 60 - Office of Federal contract compliance programs, equal employment opportunity, Department of Labor (Federal and federally-assisted contracting requirements). l. 14 CFR Part 150 - Airport noise compatibility planning. m. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. n. 49 CFR Part 20 - New restrictions on lobbying. 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 the Airport and Airway Improvement Act of 1982 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 given 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. 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 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. 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 benefitting 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 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. 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 shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis-Bacon Act - 40 U.S.C. 276(a), et seq.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 - 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. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 i. Rehabilitation Act of 1973 - 29 U.S.C. 794. j. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. k. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. l. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.1 m. Powerplant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 n. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.1 o. Copeland Antikickback Act - 18 U.S.C. 874.1 p. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.1 q. Endangered Species Act - 16 U.S.C. 668(a), et seq.1 r. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 s. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 11246 - Equal Employment Opportunity1 Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction1 Federal Regulations a. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 b. 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. c. 49 CFR Part 23 - Participation by minority business enterprise in Department of Transportation programs. d. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.1 2 e. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefitting from Federal financial assistance. f. 49 CFR Part 29 - Governmentwide debarment and suspension (non-procurement) and governmentwide requirements for drug-free workplace (grants). g. 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. h. 29 CFR Part 1 - Procedures for predetermination of wage rates.1 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.1 j. 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 k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1 l. 14 CFR Part 150 - Airport noise compatibility planning. m. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.1 n. 49 CFR Part 20 - New restrictions on lobbying. 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. 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under the Airport and Airway Improvement Act of 1982, as amended. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 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 the Airport and Airway Improvement Act of 1982 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 the Airport and Airway Improvement Act of 1982, 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 the Airport and Airway Improvement Act of 1982, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public airport, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 612 of the Federal Aviation Act of 1958 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 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. 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. 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 nonaeronautical purposes must first be approved by the Secretary. 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. In furtherance of this assurance, the sponsor will have in effect at all times arrangements for- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, 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, 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 fair and reasonable terms and without unjust discrimination, to all types, kinds and classes of aeronautical use. 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 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 fair, reasonable, and not unjustly discriminatory basis to all users thereof, and (2) charge fair, 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 any airport owned by the sponsor shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport; from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaires of the sponsor under these provisions. h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under the Airport and Airway Improvement Act of 1982. 24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurance 22 and 23 for the facilities and services being provided the airport users 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 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. If the airport is under the control of a public agency, 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 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. 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; (b) make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; (c) 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; (d) 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 (e) in a format prescribed by the Secretary, provide to the Secretary and make available to the public, not later than 60 days following each of its fiscal years, ending after March 1, 1995, an annual report listing in detail : (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that- a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefitting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. b. (1) For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (b) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated _____ and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. --------------------------------------------------------------------------- --------------------------------------------------------------------------- From: Tim Scully Sent: October 18, 2001 6:08 PM To: 'landb'; Tim Scully Subject: RE: Dog Park Will you be attending tomorrow's Airport meeting? If not, I'd like confirmation that you are the contact person DOT should work with in drafting a lease agreement. Have you come up with a proposal for the disposal of dog poop? The Supervisors were concerned that it should not go into the land fill (i.e., don't toss it in the trash). --------------------------------------------------------------------------- ---------------------------------------------------------------------------