Summary of AIP Grant Assurance Requirements

Summary of AIP Grant Assurance Requirements
Based on Airport Cooperative Research Program Report # 184, Understanding FAA Grant Assurance Obligations

ACRP Report # ___, Understanding FAA Grant Assurances
Contents Background and Resources Overview Grant Assurance 1 General Federal Requirements General Requirements for Operations, Management, Finance Airport Access, Leasing and User Relations Finance and Revenue Operation and Safety Ownership and Control Federal Aircraft and Federal Facilities AIP Project Specific Requirements Sponsor Capability Local Involvement Project Implementation Project Finance and Accountability ACRP Report # ___, Understanding FAA Grant Assurances

Background and Resources
This presentation is based on the Guidebook on Understanding FAA Grant Assurance Obligations, ACRP Report xx, _____________ and accompanying Technical Appendices _________________. The Guidebook includes: A discussion of each of the Grant Assurance requirements; Information on duration of obligations and consequences of non-compliance; Identification of interrelated Grant Assurances; and Examples of specific practices found to be in compliance and non-compliance. ACRP Report # ___, Understanding FAA Grant Assurances

Background and Resources
The Technical Appendices include: Information on resource and reference materials with information on Grant Assurance requirements; Full text of Grant Assurances as they appear in Grant Agreements; Data on the frequency that the FAA finds Grant Assurance violations, and the frequency that specific Grant Assurance requirements are the subject of investigation; An expanded list of examples of practices found to be in compliance and non- compliance in a Question and Answer format. ACRP Report # ___, Understanding FAA Grant Assurances

Overview ACRP Report # ___, Understanding FAA Grant Assurances

Overview of Grant Assurance Requirements
What are Grant Assurances? Requirements for Airport Sponsors incorporated in AIP Grant Agreements 39 numbered Grant Assurances Two broad categories of requirements Requirements for general operation, management and finance of airports (General Requirements) Requirements applicable to planning and implementing AIP funded projects (Project Specific Requirements) Grant Assurance 1, General Federal Requirements includes statutes, Executive Orders and regulations in both categories ACRP Report # ___, Understanding FAA Grant Assurances

How long do the requirements last?
Most Assurances, useful life of project, maximum 20 years Some Assurances, as long as the airport is operating (identified in individual Grant Assurance summaries) Generally Applicable Most requirements, until project is completed Some requirements must be completed before grant is issued Project Specific ACRP Report # ___, Understanding FAA Grant Assurances

What are the Consequences for Non-compliance?
Withholding of future grants Withholding of payments on existing grants Generally Applicable Treble damages (reimbursing airport 3 times the amount of diverted revenue) Withholding of new PFC approvals Withholding of other DOT grant funds GA 25 Airport Revenues Withdrawal of grant offer Refusal of payments Sponsor reimbursement of prior payments Project Specific ACRP Report # ___, Understanding FAA Grant Assurances

General Federal Requirements ACRP Report # ___, Understanding FAA Grant Assurances

Grant Assurance 1 Total Requirements
26 pieces of legislation 6 Executive Orders 24 regulations ACRP Report # ___, Understanding FAA Grant Assurances

GA 1 General Requirements
8 pieces of legislation 10 regulations ACRP Report # ___, Understanding FAA Grant Assurances

GA 1 General Requirement Categories
Requirements for Management, Operations and Finance Civil Rights Requirements ACRP Report # ___, Understanding FAA Grant Assurances

GA 1 Project Specific Requirements
18 pieces of legislation 6 Executive Orders 14 regulations ACRP Report # ___, Understanding FAA Grant Assurances

GA 1 Project Specific Categories
General Environmental Requirements Historical and Archeological Preservation Land and Water Usage Civil Rights Requirements Labor and Employment Standards Project Finance and Accountability Requirements Other Requirements ACRP Report # ___, Understanding FAA Grant Assurances

General Requirements for Operation Management & Finance
ACRP Report # ___, Understanding FAA Grant Assurances

General Requirements for Operations, Management, Finance
Airport Access, Leasing and User Relations GA 22.a-22.i, Economic Non-Discrimination (including individual clauses) GA 23, Exclusive Rights GA 36, Access by Intercity Busses GA 38, Hangar Construction GA 39, Competitive Access Finance and Revenue GA 24, Fee and Rental Structure GA 24, Air Service Incentive Programs GA 25, Airport Revenues GA 25, Mineral Revenue Exception GA 26.a, d Reports and Inspections ACRP Report # ___, Understanding FAA Grant Assurances

Operations and Safety GA 19, Operations and Maintenance GA 20, Hazard Removal and Mitigation GA 21 Compatible Land Use GA 29 Airport Layout Plan GA 30, Civil Rights GA 37, Disadvantaged Business Enterprises ACRP Report # ___, Understanding FAA Grant Assurances

Ownership and Control GA 4, Good Title GA 5.a, b, e, f, Preserving Rights and Powers (General Requirements) GA 5.c, d, Preserving Rights and Powers (Noise Compatibility) GA 5.g, Preserving Rights and Powers (TTF Access) GA 31.a, Disposal of Land (Noise Compatibility) GA 31.b, Disposal of Land (Airport Development) Federal Aircraft and Federal Facilities GA 27, Use by Government Aircraft GA 28, Land for Federal Facilities ACRP Report # ___, Understanding FAA Grant Assurances

Airport Access, Leasing & User Relations
GA 22.a-22.i Economic Nondiscrimination GA 23 Exclusive Rights GA 36 Access by Intercity Busses GA 38 Hangar Construction GA 39 Competitive Access ACRP Report # ___, Understanding FAA Grant Assurances

Grant Assurance 22.a Economic Nondiscrimination (General)
Requires Sponsors to provide access to aeronautical users on reasonable terms without unjust discrimination. Users who are similarly situated must be treated in the same manner. ACRP Report # ___, Understanding FAA Grant Assurances

Grant Assurance 22.a Economic Nondiscrimination (General)

Grant Assurance 22.b, reasonable and nondiscriminatory service by commercial operators Sponsors must require commercial aeronautical firms to provide services on reasonable and not unjustly discriminatory terms ACRP Report # ___, Understanding FAA Grant Assurances

Grant Assurance 22.b, reasonable and nondiscriminatory service by commercial operators ACRP Report # ___, Understanding FAA Grant Assurances

GA 22.c, FBO Fees and Charges
Sponsors must charge similarly situated FBOs the same fees and charges, which must be reasonable. FBOs that are not similarly situated may be charged differently. ACRP Report # ___, Understanding FAA Grant Assurances

GA 22.c, FBO Fees and Charges

GA 22.d, Air Carrier Servicing
Air carriers have a right to self-service their aircraft or use any authorized service provider at the airport. ACRP Report # ___, Understanding FAA Grant Assurances

GA 22.d, Air Carrier Servicing

GA 22.e, Air Carrier Rules, Regulations, Conditions and Rates
Air carriers making similar use of similar facilities must be subject to comparable rules, regulations, conditions and rates, but a Sponsor may make reasonable classifications such as signatory/nonsignatory or tenant/non-tenant and treat the classes differently. ACRP Report # ___, Understanding FAA Grant Assurances

GA 22.e, Air Carrier Rules, Regulations, Conditions and Rates

GA 22.f Aircraft Owner/Operator Self-Service
Aircraft owners/operators have the right to self-service their aircraft with their own employees and equipment, even if the sponsor is providing commercial aeronautical services. ACRP Report # ___, Understanding FAA Grant Assurances

GA 22.f Aircraft Owner/Operator Self-Service

GA 22.g, Sponsor Commercial Services (Proprietary Rights)
A Sponsor providing commercial aeronautical services directly to the public (exercising proprietary rights) must do so under the same conditions that would apply to any other provider. ACRP Report # ___, Understanding FAA Grant Assurances

GA 22.g, Sponsor Commercial Services (Proprietary Rights)

GA 22.h, Reasonable Conditions for Safety and Efficiency
A Sponsor may make reasonable and not unjustly discriminatory rules, regulations and minimum standards for the safety and efficiency of the airport. However, if a dispute arises, the FAA makes the final determination on whether the requirement is needed. ACRP Report # ___, Understanding FAA Grant Assurances

GA 22.h, Reasonable Conditions for Safety and Efficiency

GA 22.i, Access Restrictions for Safe Operation or Civil Aviation Needs A Sponsor may prohibit specific aeronautical activities if needed for safety or to assure the airport meets civil aviation needs. However, if a dispute arises, the FAA makes the final determination on whether the prohibition is needed. ACRP Report # ___, Understanding FAA Grant Assurances

GA 22.i, Access Restrictions for Safe Operation or Civil Aviation Needs ACRP Report # ___, Understanding FAA Grant Assurances

GA 23, Exclusive Rights A Sponsor may not grant, directly or indirectly, an exclusive right to provide aeronautical services or conduct aeronautical activities. This requirement lasts indefinitely, i.e. as long as the airport is operating. ACRP Report # ___, Understanding FAA Grant Assurances

GA 23, Exclusive Rights ACRP Report # ___, Understanding FAA Grant Assurances

GA 36, Access by Intercity Buses
A Sponsor must provide access to the airport by intercity buses, but it is not required to construct facilities, and it may charge for access. ACRP Report # ___, Understanding FAA Grant Assurances

GA 36, Access by Intercity Buses

GA 38, Hangar Construction
If a Sponsor permits an aircraft owner to construct a hanger on its airport, it must grant a long-term lease, subject to terms and conditions that comply with the remaining Grant Assurances. GA 38 does not itself require a Sponsor to permit hangar construction, but a request for hangar construction is subject to GA 22, Economic Nondiscrimination. ACRP Report # ___, Understanding FAA Grant Assurances

GA 38, Hangar Construction

GA 39, Competitive Access If a medium or large hub airport is unable to provide access to gates or other facilities to an air carrier, the Sponsor must submit a report to the FAA. Reports must be filed every six months until the carrier is accommodated. ACRP Report # ___, Understanding FAA Grant Assurances

GA 39, Competitive Access ACRP Report # ___, Understanding FAA Grant Assurances

Finance and Revenue GA 24, Fee and Rental Structure
GA 24, Air Service Incentive Programs GA 25, Airport Revenues GA 25, Mineral Revenue Exception GA 26.a, d, Reports and Inspections ACRP Report # ___, Understanding FAA Grant Assurances

GA 24, Fee and Rental Structure
Sponsors are required to have a fee and rental structure that will make the airport as self-sustaining as possible under the airport’s circumstances. The fee structure must also be reasonable, without unjust discrimination. The FAA recognizes that at some airports (especially low activity airports), it may not be feasible to set fees high enough to be self-sustaining while also assuring that the airport can offer the aeronautical services that users require. ACRP Report # ___, Understanding FAA Grant Assurances

GA 24, Fee and Rental Structure

GA 24, Air Service Incentive Programs
Air service incentive programs are not explicitly addressed in GA 24, but the FAA has relied on this Grant Assurance, as well as Grant Assurance 25, to develop policy guidance on air service incentive programs. In general, air service incentive programs must be based on objective criteria applied without unjust discrimination; must be limited in time to one or two years; cannot lead to higher fees charged to other carriers, absent their agreement; and cannot include direct cash subsidies to air carriers funded with airport revenue. ACRP Report # ___, Understanding FAA Grant Assurances

GA 24, Air Service Incentive Programs

GA 25, Airport Revenues Sponsors must use airport revenue and taxes on aviation fuel (imposed after December 1987) for capital and operating costs of the airport, the local airport system or other facilities directly and substantially related to the actual air transportation of passengers and property. Airport revenue is broadly defined and includes proceeds from the sale of airport property, including the entire airport. GA 25 applies indefinitely, i.e. so long as the airport is operating. ACRP Report # ___, Understanding FAA Grant Assurances

GA 25, Aviation Fuel Taxes State aviation fuel taxes may also be used to support state aviation programs or noise compatibility programs. If a Sponsor is not imposing the tax, its obligations are limited to informing the taxing entity of GA 25 requirements and taking reasonable actions in its power to tailor the tax to FAA requirements. ACRP Report # ___, Understanding FAA Grant Assurances

GA 25, Airport Revenues ACRP Report # ___, Understanding FAA Grant Assurances

GA 25, Mineral Revenue Exception
A general aviation airport, upon agreement by the FAA, may use a portion of the revenue from mineral extraction or sale or lease of mineral rights (including water) for other transportation infrastructure projects for up to five years. ACRP Report # ___, Understanding FAA Grant Assurances

GA 25, Mineral Revenue Exception

GA 26.a, d, Reports and Inspections
All sponsors must submit annual operations reports and annual budgets to FAA and make them available to the public. Commercial service airports must submit, on FAA forms, financial reports and reports of transactions with other components of the Sponsor. ACRP Report # ___, Understanding FAA Grant Assurances

GA 26.a, d, Reports and Inspections

Operation and Safety GA 19, Operations and Maintenance
GA 20, Hazard Removal and Mitigation GA 21, Compatible Land Use GA 29, Airport Layout Plan GA 30, Civil Rights GA 37, Disadvantaged Business Enterprises ACRP Report # ___, Understanding FAA Grant Assurances

GA 19, Operations and Maintenance
Sponsors must operate the entire airport (not just AIP funded facilities) at all times, subject to climactic conditions and maintain the airport in a safe condition. Sponsors must notify pilots through the FAA NOTAM system of any closures or conditions that affect the use of the airport. Sponsors may not close the airport for nonaeronautical purposes without the approval of the FAA. Sponsors must maintain AIP-funded noise compatibility project items that they own. ACRP Report # ___, Understanding FAA Grant Assurances

GA 19, Operations and Maintenance

GA 20, Hazard Removal and Mitigation
Sponsors must protect terminal airspace by removing, lowering, relocating, marking, lighting or otherwise mitigating existing airport hazards and preventing future airport hazards. ACRP Report # ___, Understanding FAA Grant Assurances

GA 20, Hazard Removal and Mitigation

GA 21, Compatible Land Use The Sponsor must, to the extent reasonable, restrict land uses near the airport to those that are compatible with the airport. Also, if the Sponsor takes a grant for noise compatibility, it must change the land use of any land in its noise compatibility program and in its jurisdiction to increase noise compatibility. ACRP Report # ___, Understanding FAA Grant Assurances

GA 21, Compatible Land Use ACRP Report # ___, Understanding FAA Grant Assurances

GA 11, Pavement Preventive Maintenance
A Sponsor must have in place and follow a pavement management program for all AIP funded airport pavement. ACRP Report # ___, Understanding FAA Grant Assurances

GA 11, Pavement Preventive Maintenance

GA 29, Airport Layout Plan The Sponsor must maintain an up-to-date airport layout plan (ALP) approved by the FAA, showing current and future development and cannot make changes to the airport that would adversely affect the airport’s safety, efficiency or utility that are not shown on the approved ALP. If the Sponsor makes a change to the airport that adversely affects the safety, efficiency or utility of any federal facilities that is not shown on the approved ALP, the FAA may require the Sponsor to take corrective action. The Sponsor must also maintain an up-to-date Airport Property Map (Exhibit A), which defines all airport property that is subject to Grant Assurance obligations. ACRP Report # ___, Understanding FAA Grant Assurances

GA 29, Airport Layout Plan ACRP Report # ___, Understanding FAA Grant Assurances

GA 30, Civil Rights Sponsors may not discriminate based on race, creed, color, national origin, sex, age, or handicap in providing access to the airport or participating in programs. GA parallels Title VI of the Civil Rights Act and 49 CFR Part 21. ACRP Report # ___, Understanding FAA Grant Assurances

GA 30, Civil Rights ACRP Report # ___, Understanding FAA Grant Assurances

GA 37, Disadvantaged Business Enterprises
As applied to general operations, management and finances of airports, GA 37 prohibits discrimination in the award or performance of any concession activity covered by 49 CFR Part 23 and in the administration of its airport concession disadvantaged business enterprise (ACDBE) program. The Sponsor’s ACDBE program is incorporated by reference into each AIP grant agreement. The FAA can refer a failure to properly implement the Sponsor’s ACDBE program for criminal enforcement, or civil enforcement, including debarment. ACRP Report # ___, Understanding FAA Grant Assurances

Ownership and Control GA 4, Good Title
GA 5.a,b, e, f, Preserving Rights and Powers (General Requirements) GA 5.c, d, Preserving Rights and Powers (Noise Compatibility) GA 5.g, Preserving Rights and Powers (TTF Access) GA 31.a, Disposal of Land (Noise Compatibility) GA 31.b, Disposal of Land (Airport Development) ACRP Report # ___, Understanding FAA Grant Assurances

GA 4, Good Title The Sponsor, the federal government, or another public agency must hold good title to the airport where the AIP funded project is located. Good title includes fee simple interest, title by quick-claim deed, or a lease with a term at least as long as the useful life of the project funded with the AIP grant. ACRP Report # ___, Understanding FAA Grant Assurances

GA 4, Good Title ACRP Report # ___, Understanding FAA Grant Assurances

GA 5.a, b, e, f, Preserving Rights and Powers (General Requirements)
The Sponsor cannot take actions that would deprive it of the rights or powers to comply with the Grant Assurance requirements and must promptly eliminate any rights that would interfere with its compliance. The Sponsor cannot dispose of any obligated property on Exhibit A without FAA approval. A private Sponsor must ensure that its airport will operate for 10 years or the useful life of the project, whichever is greater. Third party airport management agreements must include requirements to comply with the Grant Assurances and provisions assuring that the Sponsor can enforce this requirement. ACRP Report # ___, Understanding FAA Grant Assurances

GA 5.a, b, e, f, Preserving Rights and Powers (General Requirements)

GA 5.c, d, Preserving Rights and Powers (Noise Compatibility
If a noise compatibility grant is issued directly to a non-Sponsor local government, or the non-Sponsor local government owns the land where the project will be carried out, the Sponsor must execute and enforce an agreement requiring that local government to comply with the grant agreement. For noise compatibility projects carried out on private property, e.g. residential soundproofing, the Sponsor must execute an agreement with the property owner including terms specified by the FAA. Sponsors should consult with the FAA to obtain the required terms. ACRP Report # ___, Understanding FAA Grant Assurances

GA 5.c, d, Preserving Rights and Powers (Noise Compatibility

GA 5.g, Preserving Rights and Powers (TTF Access)
GA 5.g specifically addresses residential through-the-fence (TTF) access, and limits new residential TTF access to general aviation airports, based on agreements meeting specific requirements. The requirements for commercial TTF access are similar to the required provisions for residential TTF access agreements, based on the requirements of other Grant Assurances. The Grant Assurances do not require a Sponsor to give TTF access rights, and the FAA discourages Sponsors from giving TTF access. ACRP Report # ___, Understanding FAA Grant Assurances

GA 5.g, Preserving Rights and Powers (TTF Access)

GA 31.a Disposal of Land (Noise Compatibility)
The Sponsor must dispose of AIP funded land acquired for noise compatibility at fair market value (FMV) when it is no longer needed for noise compatibility. The federal share of the FMV must be applied to other AIP eligible projects as specified in the statute (or returned to the FAA as a last resort). The local share may be used for any purpose permitted under GA 25, Airport Revenues. The Sponsor may retain noise compatibility land if it is needed for an airport purpose including RPZ protection or noise buffering and the revenue generated by the interim use contributes to the airport’s self-sustainability. ACRP Report # ___, Understanding FAA Grant Assurances

GA 31.a Disposal of Land (Noise Compatibility)

GA 31.b Disposal of Land (Airport Development)
The Sponsor must dispose of AIP funded land acquired for airport development at fair market value (FMV) when it is no longer needed for airport purposes. The federal share of the FMV must be applied to other AIP eligible projects as specified in the statute (or returned to the FAA as a last resort). The local share may be used for any purpose permitted under GA 25, Airport Revenues. The Grant Assurance defines airport purpose to include RPZ protection or noise buffering so long as the revenue generated by the interim use contributes to the airport’s self-sustainability. ACRP Report # ___, Understanding FAA Grant Assurances

GA 31.b Disposal of Land (Airport Development)

Federal Aircraft and Facilities
GA 27, Use by Government Aircraft GA 28, Land for Federal Facilities ACRP Report # ___, Understanding FAA Grant Assurances

GA 27, Use by Government Aircraft
The Sponsor must provide access to the aircraft operations area (AOA) to federal government aircraft at no charge, unless government aircraft use is substantial. For substantial use, the Sponsor may charge a proportional share of the AOA operation and maintenance costs. ACRP Report # ___, Understanding FAA Grant Assurances

GA 27, Use by Government Aircraft

GA 28, Land for Federal Facilities
GA 28 requires the Sponsor to provide to the FAA and other federal agencies at no cost areas of land, water or space in buildings for air navigation, air traffic control or weather reporting. FAA appropriations acts annually limit this obligation to providing rent-free land for air navigation facilities and providing other space through negotiations for below market rates. ACRP Report # ___, Understanding FAA Grant Assurances

GA 28, Land for Federal Facilities

Project Specific Requirements

AIP Project Specific Requirements
Sponsor Capability GA 2, Responsibility and Authority of Sponsor GA 3, Sponsor Fund Availability Local Involvement GA 6, Consistency with Local Plans GA 7, Consideration of Local Interests GA 8, Consultation with Users GA 9, Public Hearings (Public Hearing Requirements) GA 9, Public Hearings (Governing Body Requirements) ACRP Report # ___, Understanding FAA Grant Assurances

Project Implementation GA 12, Terminal Development Prerequisites GA 14, Minimum Wage Rates GA 15, Veteran’s Preference GA 16, Conformity to Plans and Specifications GA 17, Construction Inspection and Approval GA 18, Planning Projects GA 32, Engineering and Design Services GA 34, Policies, Standards and Specifications GA 35, Relocation and Real Property Acquisition GA 37, Disadvantaged Business Enterprises ACRP Report # ___, Understanding FAA Grant Assurances

Project Finance and Accountability GA 13, Accounting System, Audit and Record Keeping Requirements GA 26.b, c, Reports and Inspections (Project Specific) GA 33, Foreign Market Restrictions ACRP Report # ___, Understanding FAA Grant Assurances

GA 2, Responsibility and Authority of Sponsor
Sponsor Capability GA 2, Responsibility and Authority of Sponsor GA 3, Sponsor Fund Availability ACRP Report # ___, Understanding FAA Grant Assurances

A public Sponsor must attest that it has the legal authority to apply for the AIP grant and that an authorizing motion, resolution or similar action has been passed by the governing body authorizing the specific grant application. A private Sponsor must attest that it has the legal authority to apply for the grant and that it will authorize an official to file the grant application. ACRP Report # ___, Understanding FAA Grant Assurances

GA 3, Sponsor Fund Availability
The Sponsor must have sufficient funds to pay the local share of project costs and to pay the operation and maintenance costs of items acquired under the grant that it owns. ACRP Report # ___, Understanding FAA Grant Assurances

GA 3, Sponsor Fund Availability

Local Involvement GA 6, Consistency with Local Plans
GA 7, Consideration of Local Interests GA 8, Consultation with Users GA 9, Public Hearings (Public Hearing Requirements) GA 9, Public Hearings (Governing Body Requirements) GA 10, Metropolitan Planning Organization ACRP Report # ___, Understanding FAA Grant Assurances

GA 6, Consistency With Local Plans
The project must be reasonably consistent with the plans of the public agency authorized to plan for development of the area surrounding the airport. ACRP Report # ___, Understanding FAA Grant Assurances

GA 6, Consistency With Local Plans

GA 7, Consideration of Local Interest
The Sponsor must certify that it has given fair consideration to the interest of communities in or near where the project will be located. ACRP Report # ___, Understanding FAA Grant Assurances

GA 7, Consideration of Local Interest

GA 8, Consultation With Users
The Sponsor must certify that it has consulted with affected airport users about any AIP-funded development project. ACRP Report # ___, Understanding FAA Grant Assurances

GA 8, Consultation With Users

GA 9, Public Hearings (Public Hearing Requirements)
For a project involving the location of an airport, a new runway, or a major runway extension, the Sponsor must hold a public hearing on economic, social and environmental affects of the project and its consistency with the goals and objectives of existing planning carried out by the community. ACRP Report # ___, Understanding FAA Grant Assurances

GA 9, Public Hearings (Public Hearing Requirements)

GA 9, Public Hearings (Governing Body Requirements)
For a project involving the location of an airport, a new runway, or a major runway extension, the Sponsor either (1) must have on its governing body voting representation from the communities where the project is located; or (2) must notify the communities of their right to petition the FAA about the project. ACRP Report # ___, Understanding FAA Grant Assurances

GA 9, Public Hearings (Governing Body Requirements)

GA 10, Metropolitan Planning Organization
For a project involving the location of an airport, a new runway, or a major runway extension at a medium or large hub airport, the Sponsor must make available, and provide a copy on request, to the local metropolitan planning organization (MPO), a copy of the airport master plan showing the location of the project. ACRP Report # ___, Understanding FAA Grant Assurances

GA 10, Metropolitan Planning Organization

Project Implementation
GA 12, Terminal Development Prerequisites GA 14, Minimum Wage Rates GA 15, Veteran’s Preference GA 16, Conformity to Plans and Specifications GA 17, Construction Inspection and Approval GA 18, Planning Projects ACRP Report # ___, Understanding FAA Grant Assurances

Project Implementation
GA 32, Engineering and Design Services GA 34, Policies, Standards and Specifications GA 35, Relocation and Real Property Acquisition GA 37, Disadvantaged Business Enterprises ACRP Report # ___, Understanding FAA Grant Assurances

GA 12, Terminal Development
In a grant application for a terminal development, the Sponsor must certify that (1) it has met all requirements for safety equipment under 14 CFR Part 139, Airport Certification; and (2) it has access for general aviation passengers to the passenger enplaning and deplaning areas. ACRP Report # ___, Understanding FAA Grant Assurances

GA 12, Terminal Development

GA 14, Minimum Wage Rates The Sponsor must comply with prevailing wage rate determinations by the U.S. Secretary of Labor under the Davis-Bacon Act for any AIP-funded construction project greater than $2,000. ACRP Report # ___, Understanding FAA Grant Assurances

GA 14, Minimum Wage Rates ACRP Report # ___, Understanding FAA Grant Assurances

GA 15, Veteran’s Preference
In all contracts for work on an AIP funded project involving labor, the Sponsor must give preference to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans and small businesses owned and controlled by disabled veterans. The preference applies only when there are available and qualified individuals to do the work and does not apply to executive, administrative and supervisory jobs. ACRP Report # ___, Understanding FAA Grant Assurances

GA 15, Veteran’s Preference

GA 16, Conformity to Plans and Specifications
Upon request of the FAA, the Sponsor must submit plans, specifications and schedules for FAA approval and follow any approved plans, specifications and schedules. Modifications to any plans, specifications or schedules approved by the FAA must also be submitted to FAA for approval. ACRP Report # ___, Understanding FAA Grant Assurances

GA 16, Conformity to Plans and Specifications

GA 17, Construction Inspection and Approval
The Sponsor must provide competent technical supervision at the construction site throughout the project. The Sponsor must permit the FAA to inspect the work, including cost and progress reporting. ACRP Report # ___, Understanding FAA Grant Assurances

GA 17, Construction Inspection and Approval

GA 18, Planning Projects GA 18 includes multiple specific requirements for carrying out AIP-funded planning projects. The Understanding Grant Assurance Requirements Guidebook or the local FAA office should be consulted for more detail. ACRP Report # ___, Understanding FAA Grant Assurances

GA 18, Planning Projects ACRP Report # ___, Understanding FAA Grant Assurances

GA 32, Engineering and Design Services
The Sponsor must use qualifications based selection procedures, as specified in the Brooks Act, for each contract or subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services for an AIP-funded project. ACRP Report # ___, Understanding FAA Grant Assurances

GA 32, Engineering and Design Services

GA 34, Policies, Standards and Specifications
GA 34 requires the Sponsor to follow FAA standards in carrying out AIP-funded projects Periodically, the FAA publishes a list of advisory circulars that apply to AIP-funded projects. ACRP Report # ___, Understanding FAA Grant Assurances

GA 34, Policies, Standards and Specifications

GA 35, Relocation and Real Property Acquisition
The Sponsor must follow 49 CFR Part 24, which implements the Uniform Relocation Assistance Real Property Acquisition Policies Act of 1970 Offer relocation assistance, including relocation services and fair and reasonable relocation payments Make comparable replacement dwellings available to displaced individuals before the displacement GA 35 specifically requires the Sponsor to: ACRP Report # ___, Understanding FAA Grant Assurances

GA 35, Relocation and Real Property Acquisition

GA 37 prohibits discrimination in the award or performance of any DOT assisted contract covered by 49 CFR Part 26 and in the administration of its disadvantaged business enterprise (DBE) program. The Sponsor’s DBE program is incorporated by reference into each AIP grant agreement. The FAA can refer a failure to properly implement the Sponsor’s DBE program for criminal enforcement, or civil enforcement, including debarment. ACRP Report # ___, Understanding FAA Grant Assurances

Project Finance and Accountability
GA 13, Accounting System, Audit and Record-Keeping Requirements GA 26.b, c, Reports and Inspections (Project Specific) GA 33, Foreign Market Restrictions ACRP Report # ___, Understanding FAA Grant Assurances

GA 13, Accounting System, Audit and Record Keeping Requirements
The Sponsor must maintain accounts and records that show the amount and disposition of grant proceeds, total project costs and the amount and nature of other funds applied to the project. The Sponsor’s accounting system must facilitate an effective audit under the Single Audit Act. The Sponsor must make its accounting records for the grant available for audit by the FAA, the Comptroller General, or their authorized representatives. In addition, the FAA may order the Sponsor to conduct an independent audit. The Sponsor must file a certified copy of any independent audit within six months of completion. ACRP Report # ___, Understanding FAA Grant Assurances

GA 13, Accounting System, Audit and Record Keeping Requirements

Grant Assurance 26b. c, Reports and Inspections (Project Specific)
The Sponsor must make the airport and all airport records and documents for AIP-funded airport development projects available to the FAA and its agents (including the U.S. DOT Office of Inspector General (OIG)). The Sponsor must make records and documents relating to noise compatibility projects and to continued compliance with the Grant Assurances for those projects available for inspection by the FAA or its agents (including the OIG). ACRP Report # ___, Understanding FAA Grant Assurances

Grant Assurance 26.b, c, Reports and Inspections (Project Specific)

Grant Assurance 26, Reports and Inspections (Project Specific)

GA 33, Foreign Market Restrictions
The Sponsor must check the Federal Register for any foreign country that the United States Trade Representative has determined is denying fair and equitable market opportunities for products and suppliers of the United States, and make sure that AIP funds for the project cannot be used for products or services of any listed foreign country. ACRP Report # ___, Understanding FAA Grant Assurances

GA 33, Foreign Market Restrictions

Summary of AIP Grant Assurance Requirements

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