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Executive Summary for the Guidebook on Understanding FAA Grant Assurance Obligations (2018)

Chapter: Section 6 - How Are the Grant Assurances Summarized?

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Suggested Citation:"Section 6 - How Are the Grant Assurances Summarized?." National Academies of Sciences, Engineering, and Medicine. 2018. Executive Summary for the Guidebook on Understanding FAA Grant Assurance Obligations. Washington, DC: The National Academies Press. doi: 10.17226/25123.
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Suggested Citation:"Section 6 - How Are the Grant Assurances Summarized?." National Academies of Sciences, Engineering, and Medicine. 2018. Executive Summary for the Guidebook on Understanding FAA Grant Assurance Obligations. Washington, DC: The National Academies Press. doi: 10.17226/25123.
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Suggested Citation:"Section 6 - How Are the Grant Assurances Summarized?." National Academies of Sciences, Engineering, and Medicine. 2018. Executive Summary for the Guidebook on Understanding FAA Grant Assurance Obligations. Washington, DC: The National Academies Press. doi: 10.17226/25123.
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Suggested Citation:"Section 6 - How Are the Grant Assurances Summarized?." National Academies of Sciences, Engineering, and Medicine. 2018. Executive Summary for the Guidebook on Understanding FAA Grant Assurance Obligations. Washington, DC: The National Academies Press. doi: 10.17226/25123.
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Suggested Citation:"Section 6 - How Are the Grant Assurances Summarized?." National Academies of Sciences, Engineering, and Medicine. 2018. Executive Summary for the Guidebook on Understanding FAA Grant Assurance Obligations. Washington, DC: The National Academies Press. doi: 10.17226/25123.
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Suggested Citation:"Section 6 - How Are the Grant Assurances Summarized?." National Academies of Sciences, Engineering, and Medicine. 2018. Executive Summary for the Guidebook on Understanding FAA Grant Assurance Obligations. Washington, DC: The National Academies Press. doi: 10.17226/25123.
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Suggested Citation:"Section 6 - How Are the Grant Assurances Summarized?." National Academies of Sciences, Engineering, and Medicine. 2018. Executive Summary for the Guidebook on Understanding FAA Grant Assurance Obligations. Washington, DC: The National Academies Press. doi: 10.17226/25123.
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Suggested Citation:"Section 6 - How Are the Grant Assurances Summarized?." National Academies of Sciences, Engineering, and Medicine. 2018. Executive Summary for the Guidebook on Understanding FAA Grant Assurance Obligations. Washington, DC: The National Academies Press. doi: 10.17226/25123.
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Suggested Citation:"Section 6 - How Are the Grant Assurances Summarized?." National Academies of Sciences, Engineering, and Medicine. 2018. Executive Summary for the Guidebook on Understanding FAA Grant Assurance Obligations. Washington, DC: The National Academies Press. doi: 10.17226/25123.
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Suggested Citation:"Section 6 - How Are the Grant Assurances Summarized?." National Academies of Sciences, Engineering, and Medicine. 2018. Executive Summary for the Guidebook on Understanding FAA Grant Assurance Obligations. Washington, DC: The National Academies Press. doi: 10.17226/25123.
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Suggested Citation:"Section 6 - How Are the Grant Assurances Summarized?." National Academies of Sciences, Engineering, and Medicine. 2018. Executive Summary for the Guidebook on Understanding FAA Grant Assurance Obligations. Washington, DC: The National Academies Press. doi: 10.17226/25123.
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Suggested Citation:"Section 6 - How Are the Grant Assurances Summarized?." National Academies of Sciences, Engineering, and Medicine. 2018. Executive Summary for the Guidebook on Understanding FAA Grant Assurance Obligations. Washington, DC: The National Academies Press. doi: 10.17226/25123.
×
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Suggested Citation:"Section 6 - How Are the Grant Assurances Summarized?." National Academies of Sciences, Engineering, and Medicine. 2018. Executive Summary for the Guidebook on Understanding FAA Grant Assurance Obligations. Washington, DC: The National Academies Press. doi: 10.17226/25123.
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How Are the Grant Assurances Summarized? 15 Assurance No. Assurance Title Applicability Project Type Duration Related Assurances Guidebook Section No. 1. General Federal Requirements Statutes a. 49 USC Subtitle VII 2 PR, GEN ALL Varies 1.6.1 b. Davis–Bacon Act PR CO, EQ, LA, NO3 GC GA1, Regulations # h. 2.1.5 c. Federal Fair Labor Standards Act PR ALL GC GA1, Regulations # i; # j. 2.1.5 d. Hatch Act GEN ALL UL1 1.6.1 e. Uniform Relocation and Relocation Assistance Policies Act of 1970 PR LA4 GC GA1, Regulations # p. 2.1.3 f. National Historic Preservation Act of 1966 PR CO, LA, NO GC GA1, Statutes # g. # h. 2.1.2 g. Archeological and Historic Preservation Act of 1974 PR CO, LA, NO GC GA1, Statutes # f., # h 2.1.2 h. Native American Graves Repatriation Act PR CO, LA, NO GC GA1, Statutes # f. and # g. 2.1.2 i. Clean Air Act PR CO, LA, NO GC GA 1, Statutes # v. 2.1.1 j. Coastal Zone Management Act PR CO, LA, NO GC GA 1, Statutes # v. 2.1.3 k. Flood Disaster Protection Act PR CO, LA, NO GC GA 1, Statutes # v. 2.1.3 l. Title 49 USC §303 [formerly known as Section 4(f)] PR CO, LA, NO GC GA 1, Statutes # v. 2.1.1 Applicability Project Type Duration GEN - General Airport Operation and Management PR - AIP-Funded Planning, Design, or Development Only ALL - All Types of Projects CO - Construction EQ - Equipment Acquisition LA - Land Acquisition NO - Noise Compatibility GC - Grant Closeout UL - Useful Life 1 For construction projects, not to exceed 20 years. Useful life of land is indefinite. Useful life obligation for equipment may be less than 20 years. Useful life obligations of privately owned sponsor have a minimum duration of 10 years regardless of the useful life of the project. 2 Subtitle VII encompasses the requirements of most, if not all grant assurances (other than the remainder of Grant Assurance 1). Therefore, the duration of the obligations will depend on the specific requirement being considered. 3 For EQ, requirement applies only to projects that include installation; for LA and NO, requirement applies only to projects that include a construction element. 4 Includes acquisition of land or real property interest for noise compatibility. Table ES-3. Airport sponsor grant assurance summary matrix. (continued on next page)

16 Guidebook on Understanding FAA Grant Assurance obligations Assurance No. Assurance Title Applicability Project Type Duration Related Assurances Guidebook Section No. 1. (con't) Statutes m. Rehabilitation Act of 1973 GEN ALL UL1 GA 1, Statutes # o.; GA 1, Regulations # f., # r., # s.; GA 30 1.6.2 n. Title VI, Civil Rights Act of 1964 GEN ALL IN GA 1, Regulations # g.; GA 30 1.6.2 o. Americans with Disabilities Act of 1990 GEN ALL UL 1 GA 1, Statutes # m.; GA 1, Regulations # f., # r., # s.; GA 30 1.6.2 p. Age Discrimination Act of 1975 GEN ALL UL1 GA 30 1.6.2 q. American Indians Religious Freedom Act PR CO, EQ, LA, NO3 GC GA 1, Statutes # v. 2.1.4 r. Architectural Barriers Act of 1968 PR CO, NO GC GA 1, Statutes # m., # o.; Regulations # f., # r., # s.; GA 30 2.1.4 s. Power Plant and Industrial Fuel Use Act GEN ALL UL 1 None 1.6.1 t. Contract Work Hours and Safety Standards Act PR ALL GC GA 1, Statutes # c.; Regulations # j. 2.1.5 u. Copeland Anti-kickback Act PR ALL GC None 2.1.5 v. National Environmental Policy Act of 1969 PR CO, EQ, LA, NO4 BE GA 1, Statutes # i., # j., # k., # l., # q., # w. 2.1.1 w. Wild and Scenic Rivers Act PR CO, EQ, LA, NO 4 BE GA 1, Statutes # v. 2.1.3 x. Single Audit Act of 1984 PR ALL GC GA 1, Regulations # b.; GA 13, GA 25, GA 26 2.1.6 Applicability Project Type Duration GEN - General Airport Operation and Management PR - AIP-Funded Planning, Design, or Development Only ALL - All Types of Projects CO - Construction EQ - Equipment Acquisition LA - Land Acquisition NO - Noise Compatibility BE - Must Be Completed Before Grant Is Issued GC - Grant Closeout IN - Indefinite (i.e., so long as the airport is operating, or until released by FAA) UL - Useful Life 1 For construction projects, not to exceed 20 years. Useful life of land is indefinite. Useful life obligation for equipment may be less than 20 years. Useful life obligations of privately owned sponsor have a minimum duration of 10 years regardless of the useful life of the project. 3 For EQ, requirement applies only to projects that include installation; for LA and NO, requirement applies only to projects that include a construction element. 4 Includes acquisition of land or real property interest for noise compatibility. Table ES-3. (Continued).

How Are the Grant Assurances Summarized? 17 (continued on next page) Assurance No. Assurance Title Applicability Project Type Duration Related Assurances Guidebook Section No. 1. (con't) Statutes y. Drug-Free Workplace Act of 1988 GEN ALL UL1 1.6.1 z. Federal Funding, Accountability, and Transparency Act of 2006 PR ALL5 GC 2.1.6 1 (con't) Executive Orders (EO) a. EO 11246 -- Equal Employment Opportunity GEN ALL UL 1 GA 1, Regulations # k. 1.6.2 b. EO 11990 -- Protection of Wetlands PR CO, EQ, LA, NO 3 GC GA 1, Statutes # j. 2.1.1 c. EO 11998 -- Flood Plain Management PR CO, EQ, LA, NO3 GC GA 1, Statutes # k. 2.1.3 d. EO 12372 -- Intergovernmental Review of Federal Programs PR ALL BE None 2.1.7 e. EO 12699 -- Seismic Safety of Federal and Federally Assisted New Building Construction PR CO, EQ, LA, NO3 GC GA 1, Regulations # w. 2.1.7 f. EO 12898 -- Environmental Justice PR CO, LA, NO GC GA 1, Statutes # v. 2.1.4 1 (con’t) Federal Regulations a. 2 CFR Part 180 -- OMB Guidelines to Agencies on Suspension and Debarment PR ALL BE GA 1, Regulations # c. 2.1.6 Applicability Project Type Duration GEN - General Airport Operation and Management PR - AIP-Funded Planning, Design, or Development Only ALL - All Types of Projects CO - Construction EQ - Equipment Acquisition LA - Land Acquisition NO - Noise Compatibility BE - Must Be Completed Before Grant Is Issued GC - Grant Closeout UL - Useful Life 1 For construction projects, not to exceed 20 years. Useful life of land is indefinite. Useful life obligation for equipment may be less than 20 years. Useful life obligations of privately owned sponsor have a minimum duration of 10 years regardless of the useful life of the project. 3 For EQ, requirement applies only to projects that include installation; for LA and NO, requirement applies only to projects that include a construction element. 5 Requirement applies to all project types, but it only applies to states participating in the State Block Grant Program. Table ES-3. (Continued).

18 Guidebook on Understanding FAA Grant Assurance obligations Assurance No. Assurance Title Applicability Project Type Duration Related Assurances Guidebook Section No. 1. (con't) Federal Regulations b. 2 CFR Part 200 -- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards PR ALL GC GA 1, Statutes # x. 2.1.6 c. 2 CFR Part 1200 -- Non- Procurement Suspension and Debarment PR ALL BE GA 1, Regulations # a. 2.1.6 d. 14 CFR Part 13 -- Investigative and Enforcement Procedures, 14 CFR Part 16 -- Rules of Practice for Federally Assisted Airport Enforcement Proceedings GEN, PR6 ALL UL7 GA 1, Statutes # a. 1.6.1 e. 14 CFR Part 150 -- Airport Noise Compatibility PR NO 8 2.1.7 f. 28 CFR Part 35 -- Discrimination on the Basis of Disability in State and Local Government Programs GEN ALL UL1 GA1, Statutes # m., # o., # r.; GA 30 1.6.2 g. GEN ALL IN GA 1, Statutes # n.; 1.6.2 Applicability Project Type Duration GEN - General Airport Operation and Management PR - AIP-Funded Planning, Design, or Development Only ALL - All Types of Projects CO - Construction EQ - Equipment Acquisition LA - Land Acquisition NO - Noise Compatibility BE - Must Be Completed Before Grant Is Issued GC - Grant Closeout UL - Useful Life IN - Indefinite (i.e., so long as the airport is operating, or until released by FAA) 1 For construction projects, not to exceed 20 years. Useful life of land is indefinite. Useful life obligation for equipment may be less than 20 years. Useful life obligations of privately owned sponsor have a minimum duration of 10 years regardless of the useful life of the project. 6 Although project-specific assurances are technically subject to Parts 13 and 16, enforcement is generally accomplished through the grant administration process. 7 For individual grant assurances with an indefinite duration, these regulations apply indefinitely. 8 Requirement for an approved noise exposure map (NEM) applies before FAA issues a grant to fund a project to implement a noise compatibility measure. Requirement for approved noise compatibility program (NCP) applies before FAA issues a grant to implement a noise compatibility measure, except for soundproofing of educational and medical buildings. Grant closeout applies to grants to develop NEM and NCP and to implement noise compatibility measure. 28 CFR Section 50.3 -- Dep't. of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964 GA 30 BE GC GA 1, Statutes #a. Table ES-3. (Continued).

How Are the Grant Assurances Summarized? 19 (continued on next page) Assurance No. Assurance Title Applicability Project Type Duration Related Assurances Guidebook Section No. 1. (con't) Federal Regulations h. 29 CFR Part 1 -- Procedures for Predetermination of Wages PR CO, EQ, LA, NO3 CG GA 1, Statutes # b. 2.1.5 i. 29 CFR Part 3 -- Contractors and Subcontractors Working on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States PR CO, EQ, LA, NO3 GC GA 1, Statutes # c. 2.1.5 k. 41 CFR Part 60 -- Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (federal and federally assisted contracting requirements) PR ALL GC GA1, Exec. Orders # a. 2.1.5 j. 29 CFR Part 5 -- Labor Standards Provisions Applicable to Federal Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act) PR CO, EQ, LA, NO3 GC GA 1, Statutes # g, # t. 2.1.5 l. 49 CFR Part 18 -- Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments PR ALL GC Regulations # b. 2.1.7 m. 49 CFR Part 20 -- New Restrictions on Lobbying PR ALL 9 GC None 2.1.7 n. 49 CFR Part 21 -- Nondiscrimination in Federally Assisted Programs in the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act GEN ALL UL1 GA 30 1.6.2 o. 49 CFR Part 23 -- Participation by Disadvantaged Business Enterprises in Airport Concessions GEN ALL UL10 GA 37 1.6.2 Applicability Project Type Duration GEN - General Airport Operation and Management PR - AIP-Funded Planning, Design, or Development Only ALL - All Types of Projects CO - Construction EQ - Equipment Acquisition LA - Land Acquisition NO - Noise Compatibility GC - Grant Closeout UL - Useful Life 1 For construction projects, not to exceed 20 years. Useful life of land is indefinite. Useful life obligation for equipment may be less than 20 years. Useful life obligations of privately owned sponsor have a minimum duration of 10 years regardless of the useful life of the project. 3 For EQ, requirement applies only to projects that include installation; for LA and NO, requirement applies only to projects that include a construction element. 9 Contracts must have a value of at least $100,000 for this requirement to apply. 10 Some requirements of 49 CFR Part 23 extend beyond the useful life of the project. The regulation should be consulted. Table ES-3. (Continued).

20 Guidebook on Understanding FAA Grant Assurance obligations Assurance No. Assurance Title Applicability Project Type Duration Related Assurances Guidebook Section No. 1. (con't) Federal Regulations p. 49 CFR Part 24 -- Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs PR LA4 GC GA1, Statutes # e. 2.1.3 q. 49 CFR Part 26 -- Participation by Disadvantaged Business Enterprises in Department of Transportation Programs PR ALL3 GC GA 37 2.1.4 r. 49 CFR Part 27 -- Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance GEN ALL UL1 GA 1, Statutes # m., # o., # r.; Regulations # f., # s. 1.6.2 s. 49 CFR Part 28 -- Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation GEN ALL UL1 GA 1, Statutes # m., # o., # r; Regulations # f., # r. 1.6.2 t. 49 CFR Part 30 -- Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors PR ALL GC None 2.1.7 u. 49 CFR Part 32 -- Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) GEN ALL UL1 GA1, Statutes # y. 1.6.1 v. 49 CFR Part 37 -- Transportation Services for Individuals with Disabilities GEN ALL UL 1 GA 1, Statutes # m., # o., # r. Regulations # f., # r., # s. 1.6.2 w. 49 CFR Part 41 -- Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction PR CO, EQ, LA, NO3 GC GA1, E.O. #e. 2.1.7 Applicability Project Type Duration GEN - General Airport Operation and Management PR - AIP-Funded Planning, Design, or Development Only ALL - All Types of Projects CO - Construction EQ - Equipment Acquisition LA - Land Acquisition NO - Noise Compatibility BE - Must Be Completed Before Grant Is Issued GC - Grant Closeout UL - Useful Life 1 For construction projects, not to exceed 20 years. Useful life of land is indefinite. Useful life obligation for equipment may be less than 20 years. Useful life obligations of privately owned sponsor have a minimum duration of 10 years regardless of the useful life of the project. 3 For EQ, requirement applies only to projects that include installation; for LA and NO, requirement applies only to projects that include a construction element. Table ES-3. (Continued).

How Are the Grant Assurances Summarized? 21 (continued on next page) Assurance No. Assurance Title Applicability Project Type Duration Related Assurances Guidebook Section No. 2. Responsibility and Authority of the Sponsor PR ALL BE None 2.2.1 3. Sponsor Fund Availability PR ALL BE None 2.2.2 4. Good Title GEN CO, EQ, LA, NO UL GA 5 1.4.1 5. Preserving Rights and Powers GEN ALL UL GA 4, GA 19, GA 22, GA 24 1.4.2, 1.4.3, 1.4.4 6. Consistency with Local Plans PR ALL BE GA 7, GA 10 2.3.1 7. Consideration of Local Interest PR ALL BE GA 6, GA 8, GA 9 2.3.2 8. Consultation with Users PR ALL BE GA 7, GA 9 2.3.3 9. Public Hearings PR CO, LA11 BE GA 7, GA 8 2.3.4, 2.3.5 10. Metropolitan Planning Organizations PR CO, LA11 BE GA 6, GA 7 2.3.6 11. Pavement Preventive Maintenance GEN CO, EQ, LA, NO UL 1 GA 19 1.3.4 12. Terminal Development Prerequisites PR CO 12 BE None 2.4.1 13. Accounting System, Audit, and Record Keeping Requirements PR ALL TY GA 1, Statutes # x.; Regulations # b. 2.5.1 14. Minimum Wage Rates PR CO, EQ, LA, NO3 GC GA 1, Statutes # b.; Regulations # h. 2.4.2 15. Veteran's Preference PR ALL GC None 2.4.3 16. Conformity to Plans and Specifications PR CO, EQ, NO GC None 2.4.4 17. Construction Inspection and Approval PR CO, NO GC None 2.4.5 18. Planning Projects PR PL GC None 2.4.6 19. Operation and Maintenance GEN CO, EQ, LA, NO UL1 GA 11, GA20, GA 22.h, GA 22.i 1.3.1 PL - Planning TY – Three Years After Grand Closeout Applicability Project Type Duration GEN - General Airport Operation and Management PR - AIP-Funded Planning, Design, or Development Only ALL - All Types of Projects CO - Construction EQ - Equipment Acquisition LA - Land Acquisition NO - Noise Compatibility BE - Must Be Completed Before Grant Is Issued GC - Grant Closeout UL - Useful Life 1 For construction projects, not to exceed 20 years. Useful life of land is indefinite. Useful life obligation for equipment may be less than 20 years. Useful life obligations of privately owned sponsor have a minimum duration of 10 years regardless of the useful life of the project. 11 Limited to projects involving the location of a new airport, a new runway or a major runway extension. 12 Applies only to terminal construction projects. Table ES-3. (Continued).

22 Guidebook on Understanding FAA Grant Assurance obligations Assurance No. Assurance Title Applicability Project Type Duration Related Assurances Guidebook Section No. 20. Hazard Removal and Mitigation GEN CO, EQ, LA, NO UL 1 GA 19, GA 21 1.3.2 21. Compatible Land Use GEN CO, EQ, LA, NO UL1 GA 19, GA 20 1.3.3 22. Economic Nondiscrimination a. General requirement to provide access on reasonable terms without unjust discrimination GEN CO, EQ, LA, NO UL 1 Remaining Clauses of GA 22 1.1.1 b. Requirement for aeronautical service providers to follow GA 22 in providing services to the public GEN CO, EQ, LA, NO UL1 Remaining Clauses of GA 22 1.1.2 c. FBO fees and charges GEN CO, EQ, LA, NO UL 1 Remaining Clauses of GA 22, GA 24 1.1.3 d. Air carrier self-service or use of authorized FBOs GEN CO, EQ, LA, NO UL 1 GA 19, GA 22.f, GA 22.h, GA 23 1.1.4 e. Air carrier fees, charges rules and regulations GEN CO, EQ, LA, NO UL 1 Remaining Clauses of GA 22, GA 24 1.1.5 f. Aircraft owner/operator right to self-service GEN CO, EQ, LA, NO UL 1 GA 19, GA 22.d, GA 22.h, GA 23 1.1.6 g. Sponsor commercial services (proprietary rights) GEN CO, EQ, LA, NO UL1 Remaining Clauses of GA 22, GA 23 1.1.7 h. Reasonable conditions for safety and efficiency GEN CO, EQ, LA, NO UL 1 Remaining Clauses of GA 22, GA 19 1.1.8 i. Prohibitions or limitations on use of airport for safety and efficiency GEN CO, EQ, LA, NO UL 1 Remaining Clauses of GA 22, GA 19 1.1.9 23. Exclusive Rights GEN CO, EQ, LA, NO IN GA 22.d, GA 22.f, GA 22.g 1.1.10 IN – Indefinite (i.e., so long as the airport is operating or until released by FAA) Applicability Project Type Duration GEN - General Airport Operation and Management ALL - All Types of Projects CO - Construction EQ - Equipment Acquisition LA - Land Acquisition NO - Noise Compatibility UL - Useful Life 1 For construction projects, not to exceed 20 years. Useful life of land is indefinite. Useful life obligation for equipment may be less than 20 years. Useful life obligations of privately owned sponsor have a minimum duration of 10 years regardless of the useful life of the project. Table ES-3. (Continued).

How Are the Grant Assurances Summarized? 23 (continued on next page) Assurance No. Assurance Title Applicability Project Type Duration Related Assurances Guidebook Section No. 24. Fee and Rental Structure GEN CO, EQ, LA, NO UL1 GA 22.a, GA 22.c, GA 22.e 1.2.1, 1.2.2 25. Airport Revenues GEN ALL IN GA 24, GA 26, GA 1, Statutes, # x. 1.2.3, 1.2.4 26. Reports and Inspections a. Financial and operations reports GEN CO, EQ, LA, NO UL1 GA 25, GA 1, Statutes, # x. 1.2.5 b. Airport development project records and documents PR CO, EQ, LA TY GA1, Statutes # x.; Regulations # b. 2.5.2 c. Noise compatibility project records and documents PR NO TY GA1, Statutes # x.; Regulations # b. 2.5.2 d. Payments made to, and services and property received from, other units of government GEN CO, EQ, LA, NO UL1 GA 25 1.2.5 27. Use by Government Aircraft GEN CO, EQ, LA, NO UL1 GA 24 1.5.1 28. Land for Federal Facilities GEN CO, EQ, LA, NO UL1 GA 24 1.5.2 29. Airport Layout Plan GEN CO, EQ, LA, NO UL1 1.3.5 30. Civil Rights GEN ALL IN GA 1, Statutes # m., # n., # o., # p.; Executive Orders # f.; Regulations # f., # g., # n., # r., #s. 1.3.6 31. Disposal of Land GEN LA IN GA 5, GA 21 1.4.5, 1.4.6 32. Engineering and Design Services PR ALL BE, GC 3 GA 1, Regulations # l. 2.4.7 33. Foreign Market Restrictions PR CO, EQ, NO GC None 2.5.3 34. Policies, Standards, and Specifications PR ALL BE, GC 3 None 2.4.8 IN - Indefinite (i.e., so long as the airport is operating or until released by FAA) TY - Three Years After Grand Closeout Applicability Project Type Duration GEN - General Airport Operation and Management PR - AIP-Funded Planning, Design, or Development Only ALL - All Types of Projects CO - Construction EQ - Equipment Acquisition LA - Land Acquisition NO - Noise Compatibility BE - Must Be Completed Before Grant Is Issued GC - Grant Closeout UL - Useful Life 1 For construction projects, not to exceed 20 years. Useful life of land is indefinite. Useful life obligation for equipment may be less than 20 years. Useful life obligations of privately owned sponsor have a minimum duration of 10 years regardless of the useful life of the project. 3 For EQ, requirement applies only to projects that include installation; for LA and NO, requirement applies only to projects that include a construction element. Table ES-3. (Continued).

24 Guidebook on Understanding FAA Grant Assurance obligations Assurance No. Assurance Title Project Type Duration Related Assurances Guidebook Section No. 35. Relocation and Real Property Acquisition PR CO, NO GC Statutes # e., Regulations # p. 2.4.9 36. Access by Intercity Buses GEN CO, EQ, LA, NO UL 1 GA 24 1.1.11 37. Disadvantaged Business Enterprises PR, GEN ALL UL 1, GC14 GA 1, Regulations # o., # q. 1.3.7, 2.4.10 38. Hangar Construction GEN CO, EQ, LA, NO UL 1 GA 22.a 1.1.12 39. Competitive Access GEN15 CO, EQ, LA, NO UL 1 GA 22.a 1.1.13 Applicability Project Type Duration GEN - General Airport Operation and Management PR - AIP-Funded Planning, Design, or Development Only ALL - All Types of Projects CO - Construction EQ - Equipment Acquisition LA - Land Acquisition NO - Noise Compatibility GC - Grant Closeout UL - Useful Life 1 For construction projects, not to exceed 20 years. Useful life of land is indefinite. Useful life obligation for equipment may be less than 20 years. Useful life obligations of privately owned sponsor have a minimum duration of 10 years regardless of the useful life of the project. 14 Compliance with DBE requirements for federally assisted projects (49 CFR Part 26) is required until grant closeout. Compliance with DBE participation requirements for airport concession activity (49 CFR Part 23) is required for the useful life of the project, but some Part 23 requirements may be indefinite. 15 Applies only to medium and large hub airports [at least 0.25% of annual passenger boardings (enplanements)]. Applicability Table ES-3. (Continued).

25 The Guidebook was developed to assist sponsors, airport staff, and other stakeholders to understand grant assurance requirements better. This improved understanding, in turn, may better enable sponsors and airport staff to avoid the consequences of noncompliance outlined in this section. Although the provisions of the grant assurances represent requirements, a sponsor volun- tarily undertakes these requirements through the execution of a grant agreement. Therefore, FAA’s preferred method to achieve compliance is through voluntary cooperation after provid- ing a sponsor guidance on what the grant assurances require and where the sponsor’s actions or policies fall short. If voluntary cooperation is not successful, FAA must complete an administra- tive process to determine whether a violation has occurred and must specify corrective actions and the consequences (sanctions) if the corrective actions are not accomplished. Even after the administrative process and a formal determination of violation, FAA will still seek to obtain vol- untary cooperation by the sponsor to achieve corrective action before imposing sanctions. As a result, a substantial period of time may pass between FAA’s first receipt of information about a possible noncompliance situation and any FAA action levying sanctions. The most common consequence, when FAA determines a sponsor to be in noncompliance, is withholding of grants or grant payments. This tool is available to FAA to address noncompliance for all 39 numbered grant assurances. In the case of project-specific requirements, the withholding may take the form of withholding a grant offer for a specific project or terminating a project. In the case of generally applicable requirements, the withholding may take the form of declaring the sponsor ineligible to receive new grants or withholding payments for reimbursement under existing grants. A civil enforcement action in U.S. district court is also available to FAA, with the concur- rence of the U.S. Department of Justice; however, this remedy is rarely used. Specific grant assurances have additional sanctions, as shown below: S e c t i o n 7 Consequences of Noncompliance • GA 1. Davis–Bacon Act – Criminal Enforcement • GA 1. Fair Labor Standards Act – Criminal Enforcement; Suspension and Debarment • GA 1. Contract Work Hours and Safety Standards Act – Criminal Enforcement • GA 1. 29 CFR Parts 1, 3, 5 – Criminal Enforcement • GA 1. 41 CFR Part 60 – Criminal Enforcement • GA 1. 49 CFR Part 20 – Civil Penalties • GA 14. Minimum Wage Rates – Criminal Enforce ment; Suspension and Debarment • GA 25. Airport Revenues – Civil Penalties, Treble Damages, Withholding of Passenger Facility Charge (PFC) Approval; Withholding of Non-AIP Grants under Title 49 of the USC

Abbreviations and acronyms used without definitions in TRB publications: A4A Airlines for America AAAE American Association of Airport Executives AASHO American Association of State Highway Officials AASHTO American Association of State Highway and Transportation Officials ACI–NA Airports Council International–North America ACRP Airport Cooperative Research Program ADA Americans with Disabilities Act APTA American Public Transportation Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials ATA American Trucking Associations CTAA Community Transportation Association of America CTBSSP Commercial Truck and Bus Safety Synthesis Program DHS Department of Homeland Security DOE Department of Energy EPA Environmental Protection Agency FAA Federal Aviation Administration FAST Fixing America’s Surface Transportation Act (2015) FHWA Federal Highway Administration FMCSA Federal Motor Carrier Safety Administration FRA Federal Railroad Administration FTA Federal Transit Administration HMCRP Hazardous Materials Cooperative Research Program IEEE Institute of Electrical and Electronics Engineers ISTEA Intermodal Surface Transportation Efficiency Act of 1991 ITE Institute of Transportation Engineers MAP-21 Moving Ahead for Progress in the 21st Century Act (2012) NASA National Aeronautics and Space Administration NASAO National Association of State Aviation Officials NCFRP National Cooperative Freight Research Program NCHRP National Cooperative Highway Research Program NHTSA National Highway Traffic Safety Administration NTSB National Transportation Safety Board PHMSA Pipeline and Hazardous Materials Safety Administration RITA Research and Innovative Technology Administration SAE Society of Automotive Engineers SAFETEA-LU Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (2005) TCRP Transit Cooperative Research Program TDC Transit Development Corporation TEA-21 Transportation Equity Act for the 21st Century (1998) TRB Transportation Research Board TSA Transportation Security Administration U.S.DOT United States Department of Transportation

TRA N SPO RTATIO N RESEA RCH BO A RD 500 Fifth Street, N W W ashington, D C 20001 A D D RESS SERV ICE REQ U ESTED N O N -PR O FIT O R G . U .S. PO STA G E PA ID C O LU M B IA , M D PER M IT N O . 88 ISBN 978-0-309-44686-0 9 7 8 0 3 0 9 4 4 6 8 6 0 9 0 0 0 0

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TRB's Airport Cooperative Research Program (ACRP) Research Report 184: Executive Summary for the Guidebook on Understanding FAA Grant Assurance Obligations is the executive summary of the Guidebook on Understanding FAA Grant Assurance Obligations (published as ACRP Web-Only Document 44, Volume 1) and explains each of the 39 grant assurances. This summary includes a matrix that outlines major aspects of the program such as duration and applicability, and it provides a list of related assurances. The matrix is included in ACRP Web-Only Document 44, Volume 1, where it includes links to specific sections of the Guidebook that discuss each grant assurance in more detail. The detailed discussions, which include lists of required practices, prohibited practices, permitted practices, and exceptions, are available in additional volumes of ACRP Web-Only Document 44:

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