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Airport Owner/Sponsor Role 39 allow an existing tenant to land bank airport property (i.e., lease land without constructing improvement within a set time-frame), can, and often are, considered by the FAA to be the grant- ing of exclusive right. As such, the FAA cautions that such clauses be avoided. Grant Assurance 23: Exclusive Rights, states that the airport sponsor cannot grant any single commercial enterprise exclusive rights to conduct aeronautical activities or be the sole provider of services to that airport. The prohibition on granting exclusive rights does not apply to services provided by the airport sponsor itself. The airport sponsor may elect to be the sole provider of serv- ices such as fueling or maintenance, but must do so with the airport sponsor's own employees and equipment (i.e., the services and management of the enterprise cannot be contracted out to a third-party provider). 3.2.7 Environmental Compliance The airport sponsor is responsible for the overall implementation of the National Environ- mental Policy Act (NEPA), as well as other federal environmental laws and regulations. This includes airport noise compatibility planning [Federal Aviation Regulations (FAR) Part 150], airport noise and access restrictions (FAR Part 161), environmental review for airport develop- ment, and the application of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. The airport sponsor is ultimately responsible for ensuring environmental compliance of the tenants and users of airport property. Environmental responsibility is an integral part of the sponsor-tenant relationship and, as such, the sponsor must ensure that tenant's planned development and/or its on-airport opera- tions are in full compliance with federal, state, and local environmental regulations. Environ- mental compliance may vary from airport to airport based upon state and local statutes, and even airport-specific guidelines. Despite the potential variations in applicable regulations, there are core guidelines for the airport sponsor to follow in order to be NEPA compliant when under- taking an airport development project. The National Environmental Policy Act (NEPA) Imple- menting Instructions for Airport Actions, (Order 5050.4B) states the following under the Airport Sponsor Responsibilities sub-heading (NEPA, 2006): As an applicant for federal approval, an airport sponsor should take on some or all of the following responsibilities: (1) In consultation with the FAA's Office of Airports (ARP), planners and environmental specialists should consider known environmental factors in early master planning efforts regarding proposed airport development projects. Doing so would help the sponsor: a. Identify obvious, specially-protected environmental resources such as Federally-listed endan- gered species, historic properties, wetlands, and parkland during the development's conceptual phase when the greatest range of alternatives exists. b. Consider practicable, possible, or prudent alternatives to avoid specially-protected resources. c. Consider conceptual mitigation in project design to reduce unavoidable environmental effects if no practicable, possible, or prudent alternative exists. (2) Provide environmental information to its consultant or to ARP. (3) Prepare Environmental Assessments (EAs) or hire qualified environmental contractors to prepare those documents. (4) Provide opportunities for public participation and a public hearing, if one is appropriate. (5) Consult with ARP personnel, and as needed, coordinate with Federal, State, and local agencies, Federally-recognized Tribes, and the affected community as described in this Order. (6) Join ARP in a Memorandum of Understanding to pay the contractor ARP selects to help it prepare the Environmental Impact Statement for a proposed action. The list of potential environmental issues and compliance mandates with the potential to impact airport development is significant and will likely vary based on the size, scope, and intended function of the airport development project. It is not possible to address them all within