Appendix D to Part 152 - Assurances
There is set forth below the assurances
that the sponsor or planning agency must submit with its application in
accordance with §§152.111 or 152.113, as applicable.
I. General Assurance
Each applicant for an airport
development grant or an airport planning grant shall submit the following
The applicant hereby assures and
certifies that it will comply with the regulations, policies, guidelines,
and requirements, including Office of Management and Budget Circulars No.
A-95 (41 FR 2052), A-102 (42 FR 45828), and FMC 74-4 (39 FR 27133; as
amended by 43 FR 50977), as they relate to the application, acceptance,
and use of Federal funds for this federally-assisted project.
II. Airport Development
A. Assurances. Each applicant for
an airport development grant shall submit the following assurances:
1. Authority of applicant. It
possesses legal authority to apply for the grant, and to finance and
construct the proposed facilities; 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.
2. E.O. 11296 and E.O. 11288. It
will comply with the provisions of: Executive Order 11296, relating to
evaluation of flood hazards, and Executive Order 11288, relating to the
prevention, control, and abatement of water pollution.
3. Sufficiency of funds. It will
have sufficient funds available to meet the non-Federal share of the cost
for construction projects. Sufficient funds will be available when
construction is completed to assure effective operation and maintenance of
the facility for the purposes constructed.
4. Construction. It will obtain
approval by the appropriate Federal agency of the final working drawings
and specifications before the project is advertised or placed on the
market for bidding; that it will construct the project, or cause it to be
constructed, to final completion in accordance with the application and
approved plans and specification; that it will submit to the appropriate
Federal agency for prior approval changes that alter the costs of the
project, use of space, or functional layout; that it will not enter into a
construction contract(s) for the project or undertake other activities
until the conditions of the construction grant program(s) have been met.
5. Supervision, inspection, and
reporting. It will provide and maintain competent and adequate
architectural engineering supervision and inspection at the construction
site to insure that the completed work conforms with the approved plans
and specifications; that it will furnish progress reports and such other
information as the Federal grantor agency may require.
6. Operation of facility. It will
operate and maintain the facility in accordance with the minimum standards
as may be required or prescribed by the applicable Federal, State and
local agencies for the maintenance and operation of such facilities.
7. Access to records. It will
give the grantor agency and the Comptroller General through any authorized
representative access to and the right to examine all records, books,
papers, or documents related to the grant.
8. Access for handicapped. It
will require the facility to be designed to comply with part 27,
Nondiscrimination on the Basis of Handicap in Federallly Assisted Programs
and Activities Receiving or Benefiting from Federal Financial Assistance,
of the Regulations of the Office of the Secretary of Transportation (49
CFR part 27). The applicant will be responsible for conducting inspections
to insure compliance with these specifications by the contractor.
9. Commencement and completion.
It will cause work on the project to be commenced within a reasonable time
after receipt of notification from the approving Federal agency that funds
have been approved and that the project will be prosecuted to completion
with reasonable diligence.
10. Disposition of interest. It
will not dispose of or encumber its title or other interests in the site
and facilities during the period of Federal interest or while the
Government holds bonds, whichever is the longer.
11. Civil Rights. It will comply
with Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and in
accordance with Title VI of that Act, no person in the United States
shall, on the ground of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the applicant
receives Federal financial assistance and will immediately take any
measures necessary to effectuate this agreement. If any real property or
structure thereon is provided or improved with the aid of Federal
financial assistance extended to the Applicant, this assurance shall
obligate the Applicant, or in the case of any transfer of such property,
any transferee, for the period during which the real property or structure
is used for a purpose for which the Federal financial assistance is
extended or for another purpose involving the provision of similar
services or benefits.
12. Private gain. It will
establish safeguards to prohibit employees from using their positions for
a purpose that is or gives the appearance of being motivated by a desire
for private gain for themselves or others, particularly those with whom
they have family, business, or other ties.
13. Relocation assistance. It
will comply with the requirements of Title II and Title III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970
(Pub. L. 91-646) which provides for fair and equitable treatment of
persons displaced as a result of Federal and federally assisted programs.
14. OMB Circular A-102. It will
comply with all requirements imposed by the Federal grantor agency
concerning special requirements of law, program requirements, and other
administrative requirements approved in accordance with Office of
Management and Budget Circular No. A-102.
15. Hatch Act. It will comply
with the provisions of the Hatch Act which limit the political activity of
16. Federal Fair Labor Standards Act.
It will comply with the minimum wage and maximum hours provisions of the
Federal Fair Labor Standards Act, as they apply to hospital and eduational
institution employees of State and local governments.
17. Effective date and duration.
These covenants shall become effective upon acceptance by the sponsor of
an offer of Federal aid for the Project or any portion thereof, made by
the FAA and shall constitute a part of the Grant Agreement thus formed.
These covenants shall remain in full force and effect throughout the
useful life of the facilities developed under this Project, but in any
event not to exceed twenty (20) years from the date of said acceptance of
an offer of Federal aid for the Project. However, these limitations on the
duration of the covenants do not apply to the covenant against exclusive
rights and real property acquired with Federal funds. Any breach of these
covenants on the part of the sponsor may result in the suspension or
termination of, or refusal to grant Federal assistance under, FAA
administered programs, or such other action which may be necessary to
enforce the rights of the United States under this agreement.
18. Conditions and limitations on
airport use. The Sponsor will operate the Airport as such for the use
and benefit of the public. In furtherance of this covenant (but without
limiting its general applicability and effect), the Sponsor specifically
agrees that it will keep the Airport open to all types, kinds, and classes
of aeronautical use on fair and reasonable terms without discrimination
between such types, kinds, and classes. Provided, that 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; and Provided further, That 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
19. Exclusive right. The Sponsor
a. Will not grant or permit any
exclusive right forbidden by Section 308(a) of the Federal Aviation Act of
1958 (49 U.S.C. 1349(a)) at the Airport, or at any other airport now owned
or controlled by it;
b. Agrees that, in furtherance of the
policy of the FAA under this covenant, unless authorized by the
Administrator, it will not, either directly or indirectly, grant or permit
any person, firm or corporation the exclusive right at the Airport, or at
any other airport now owned or controlled by it, 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.
c. Agrees that it will terminate any
existing exclusive right to engage in the sale of gasoline or oil, or
both, granted before July 17, 1962, at such an airport, at the earliest
renewal, cancellation, or expiration date applicable to the agreement that
established the exclusive right; and
d. Agrees that it will terminate any
other exclusive right to conduct an aeronautical activity now existing at
such an airport before the grant of any assistance under the Airport and
Airway Development Act.
20. Public use and benefit. The
Sponsor agrees that it will operate the Airport for the use and benefit of
the public, on fair and reasonable terms, and without unjust
discrimination. In furtherance of the covenant (but without limiting its
general applicability and effect), the Sponsor specifically covenants and
a. That in its operation and the
operation of all facilities on the Airport, neither it nor any person or
organization occupying space or facilities thereon will discriminate
against any person or class of persons by reason of race, color, creed, or
national origin in the use of any of the facilities provided for the
public on the Airport.
b. That 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
(1) To furnish said service on a fair,
equal, and not unjustly discriminatory basis to all users thereof, and
(2) To 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
c. That it will not exercise or grant
any right or privilege which would operate 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 and repair) that it may choose to perform.
d. In the event the Sponsor itself
exercises any of the rights and privileges referred to in subsection b,
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 the provisions of such subsection b.
21. Nonaviation activities.
Nothing contained herein shall be construed to prohibit the granting or
exercise of an exclusive right for the furnishing of nonaviation products
and supplies or any service of a nonaeronautical nature or to obligate the
Sponsor to furnish any particular nonaeronautical service at the Airport.
22. Operation and maintenance of the
airport. The Sponsor will operate and maintain in a safe and
serviceable condition the Airport and all facilities thereon and connected
therewith which are necessary to serve the aeronautical users of the
Airport other than facilities owned or controlled by the United States,
and will not permit any activity thereon which would interfere with its
use for airport purposes; Provided, That nothing contained herein
shall be construed to require that the Airport be operated for
aeronautical uses during temporary periods when snow, flood, or other
climatic conditions interfere with such operation and maintenance; and
Provided further, That 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. In
furtherance of this covenant the sponsor will have in effect at all times
arrangements for --
a. Operating the airport's aeronautical
facilities whenever required;
b. Promptly marking and lighting hazards
resulting from airport conditions, including temporary conditions; and
c. Promptly notifying airmen of any
condition affecting aeronautical use of the Airport.
23. Airport Hazards. Insofar as
it is within its power and reasonable, the Sponsor will, either by the
acquisition and retention of easements or other interests in or rights for
the use of land or airspace or by the adoption and enforcement of zoning
regulations, prevent the construction, erection, alteration, or growth of
any structure, tree, or other object in the approach areas of the runways
of the Airport, which would constitute an airport hazard.
In addition, the Sponsor will not erect
or permit the erection of any permanent structure or facility which would
interfere materially with the use, operation, or future development of the
Airport, in any portion of a runway approach area in which the Sponsor has
acquired, or hereafter acquires, property interests permitting it to so
control the use made of the surface of the land.
24. Use of adjacent land. Insofar
as it is within its power and reasonable, the Sponsor will, either by the
acquisition and retention of easements or other interests in or rights for
the use of land or airspace or by the adoption and enforcement of zoning
regulations, take action 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.
25. Airport layout plan. The
Sponsor 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 plan and each amendment, revision, or
modification thereof, shall be subject to the approval of the FAA, which
approval shall be evidenced by the signature of a duly authorized
representative of the FAA on the face of the airport layout plan. The
Sponsor will not make or permit any changes or alterations in the airport
or in any of its facilities other than in conformity with the airport
layout plan as so approved by the FAA, if such changes or alterations
might adversely affect the safety, utility, or efficiency of the Airport.
26. Federal use of facilities.
All facilities of the Airport developed with Federal aid and all those
usable for the landing and taking off of aircraft, will be available to
the United States at all times, without charge, for use by government
aircraft in common with other aircraft, except that if the use by
government aircraft is substantial, a reasonable share, proportional to
such use, of the cost of operating and maintaining facilities so used, may
be charged. Unless otherwise determined by the FAA, 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 FAA, would
unduly interfere with use of the landing area 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 and each takeoff as a movement) of
government aircraft is 300 or more, or the gross accumulative weight of
government aircraft using the Airport (the total movements of government
aircraft multiplied by gross certified weights of such aircraft) is in
excess of five million pounds.
27. Areas for FAA Use. Whenever
so requested by the FAA, the Sponsor will furnish without cost to the
Federal Government, for construction, operation, and maintenance of
facilities for air traffic control activities, or weather reporting
activities and communication activities related to air traffic control,
such areas of land or water, or estate therein, or rights in buildings of
the Sponsor as the FAA may consider necessary or desirable for
construction at Federal expense of space or facilities for such purposes.
The approximate amounts of areas and the nature of the property interests
and/or rights so required will be set forth in the Grant Agreement
relating to the project. Such areas or any portion thereof will be made
available as provided herein within 4 months after receipt of written
requests from the FAA.
28. Fee and rental structure. The
airport operator or owner will maintain a fee and rental structure 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 Airport, taking into account such factors as the volume of
traffic and economy of collection.
29. Reports to FAA. The Sponsor
will furnish the FAA with such annual or special airport financial and
operational reports as may be reasonably requested. Such reports may be
submitted on forms furnished by the FAA, or may be submitted in such
manner as the Sponsor elects so long as the essential data are furnished.
The Airport and all airport records and documents affecting the Airport,
including deeds, leases, operation and use agreements, regulations, and
other instruments, will be made available of inspection and audit by the
Secretary and the Comptroller General of the United States, or their duly
authorized representatives, upon reasonable request. The Sponsor will
furnish to the FAA or to the General Accounting Office, upon request, a
true copy of any such document.
30. System of accounting. All
project accounts and records will be kept in accordance with a standard
system of accounting if so prescribed by the Secretary.
31. Interfering right. If at any
time it is determined by the FAA that there is any outstanding right or
claim of right in or to the Airport property, other than those set forth
in Part II of the Application for Federal Assistance, the existence of
which creates an undue risk of interference with the operation of the
Airport or the performance of the covenants of this part, the sponsor will
acquire, extinguish, or modify such right or claim of right in a manner
acceptable to the FAA.
32. Performance obligation. The
Sponsor will not enter into any transaction which would operate to deprive
it of any of the rights and powers necessary to perform any or all of the
covenants made herein, unless by such transaction the obligation to
perform all such covenants is assumed by another public agency found by
the FAA to be eligible under the Act and Regulations to assume such
obligations and having the power, authority, and financial resources to
carry out all such obligations. If an arrangement is made for management
or 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 Act, the Regulations, and these covenants.
33. Meaning of terms. Unless the
context otherwise requires, all terms used in these covenants which are
defined in the Act and the Regulations shall have the meanings assigned to
B. Airport Layout Plan Approval.
A sponsor seeking FAA approval of a new or revised airport layout plan
shall submit with the plan an environmental assessment prepared in
conformance with Appendix 6 of FAA Order 1050.1C, "Policies and Procedures
for Considering Environmental Impacts" (45 FR 2244; January 10, 1980) and
FAA Order 5050.4 "Airport Environmental Handbook" (45 FR 56622; August 25,
1980), if an assessment is required by Order 5050.4.