Permissible Uses of Airport Property and Revenue (2020)

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Permissible Uses of Airport Property and Revenue Copyright National Academy of Sciences. All rights reserved. ACRP LRD 40 55 LIST OF ACRONYMS AAIA—Airport and Airway Improvement of 1970 ACIP—Air Carrier Incentive Program. See also ASIP. ACRP—Airport Cooperative Research Program ADAP—Airport Development Aid Program AIP—Airport Improvement Program AIPP—Airport Investment Partnership Program ALP—Airport Layout Plan APPP—Airport Privatization Pilot Program ASIP—Air Service Incentive Program. See also ACIP. C.F.R.—Code of Federal Regulations DBFOM—Design-Build-Finance-Operate-Maintain DOT or U.S. DOT—U.S. Department of Transportation FAA—Federal Aviation Administration FAAP—Federal Aid to Airport Program FBO—Fixed-Base Operator GA—General Aviation GAO—Government Accountability Office LRD—Legal Research Digest NEPA—National Environmental Policy Act NPIAS—National Plan of Integrated Airport Systems OIG—U.S. Department of Transportation Office of Inspector General P3—Public-Private Partnership PFC—Passenger Facility Charge TCRP—Transportation Cooperative Research Program ULCC—Ultra-low-cost carrier U.S.C.—United States Code APPENDIX A Template Interview Questionnaire 1. Please briefly introduce yourself and your involvement with use of airport revenue and property. 2. What are the primary sources of airport revenue for your airport(s)? In what manner have you acquired property for the airport(s)? 3. Have federal statutory and regulatory restrictions regard- ing the use of airport revenue presented any challenges? If so, why; if not, why not? 4. What have you found to be the biggest impediment to the development of airport property and the permissible use of airport revenue? 5. How do you assess whether a particular use of airport rev- enue or property is permissible? a. Are there any guidance materials, resources or tools that you find particularly helpful in assessing whether the use of airport revenue or property is permitted or prohibited? Thomas P. Thatcher, Transp. Research Bd., Airport Coop. Research Program, ACRP Report 44: A Guidebook for the Preservation of Public-Use Airports (2016). Timothy R. Karaskiewicz, Transp. Research Bd., Airport Coop. Research Program, Legal Research Digest 35: Legal Considerations in the Funding and Develop- ment of Intermodal Facilities at Airports (2018). William J. Estes, Transp. research Bd., Airport Coop. research Program, Permitted Airport Involvement in Economic Development Efforts (forthcoming). Other Research and Articles Andy Carlisle, Airport Business Resilience: Plan for Uncertainty and Prepare for Change, 9 Airport Mgmt. 118 (Winter 2014–15). Dan Reimer, The Law of Airline Subsidies and Incentives in the USA: Recent Developments and Future Outlook, 4 J. Airport Mgmt. 291 (2010). David Bannard, Will Ground Access Woes and Federal Rev- enue Restrictions Choke U.S. Airports?, 29 Air & Space Law., no. 2, 2016, https://www.foley.com/en/insights/ publications/2016/07/will-ground-access-woes-and- federal-revenue-restri. Edgar Jimenez et al., The Airport Business in a Competitive Envi- ronment, 111 Procedia-Soc. & Behav. Sci. 947 (2014). Jens Newig & Oliver Fritsch, Paper Presentation at the American Political Science Association 2009 Annual Meeting in Toronto: The Case Survey Method and Appli- cations in Political Science (Sept. 3–6, 2009), https://www. researchgate.net/publication/228162937_The_Case_ Survey_Method_and_Applications_in_Political_Science. Kelly Yamanouchi, Hartsfield-Jackson to Strike Agreement with Airport Chaplaincy, Atlanta J.-Const. (Jan. 31, 2019), https:// www.ajc.com/business/hartsfield-jackson-strike-agreement- with-airport-chaplaincy/ YOQGmzNER6Q4tvnvZ6ujRJ/. Megan S. Ryerson, Incentivize It and They Will Come? How Some of the Busiest U.S. Airports Are Building Air Service With Incentive Programs, 82 J. Am. Plan. Ass’n 303 (2016). Peter J. Kirsch, Stephen H. Kaplan & Adam M. Giuliano, Kaplan Kirsch & Rockwell LLP, P3 Airport Projects: An Introduction for Airport Lawyers (2017), https:// www.kaplankirsch.com/portalresource/P3_Airport_ Projects_An_Introduction_for_Airport_Lawyers.pdf. Robert K. Yin, Applications of Case Study Research (3d ed. 2011). Steve Vockrodt & Bill Turque, FAA Rejects Use of Revenues from New KCI Terminal for Community Programs, Kan. City Star, https://www.kansascity.com/news/local/ article217247750.html (last updated Aug. 24, 2018). Vitaly S. Guzhva, Massoud Bazargan & David A. Byers, Deter- minants of Financial Health of US General Aviation Airports, 2 J. Airport Mgmt. 158 (2008). Webbin Wei & Geoffrey D. Gosling, Strategies for Collaborative Funding of Intermodal Airport Ground Access Projects, 32 J. Air Transp. Mgmt. 78 (2013).

Permissible Uses of Airport Property and Revenue Copyright National Academy of Sciences. All rights reserved. 54 ACRP LRD 40 U.S. Gov’t Accountability Office, GAO-15-42, Airport Privatization: Limited Interest Despite FAA’s Pilot Program (2014). ACRP and TCRP Research Aviation Mgmt. Consulting Grp. et al., Transp. Research Bd., Airport Coop. Research Program, ACRP Report 156: Guidebook for Managing Compliance with Federal Regulations: In Integrated Approach (2016). Cindy Nichol, Transp. Research Bd., Airport Coop. Research Program, ACRP Synthesis 1: Innovative Finance and Alternative Sources of Revenue for Airports (2007). Leigh Fisher Assocs. et al., Transp. Research Bd., Transit Coop. Research Program, TCRP Report 62: Improv- ing Public Transportation Access to Large Airports (2000). Leigh Fisher Assocs. et al., Transp. Research Bd., Transit Coop. Research Program, TCRP Report 83: Strate- gies for improving public transportation Access to Large Airports (2002). Lois S. Kramer & Mike Moore, Transp. Research Bd., Air- port Coop. Research Program, ACRP Synthesis 57: Airport Responses to Special Events ch. 9 (2014). Lois S. Kramer, Transp. Research Bd., Airport Coop. Research Program, ACRP Synthesis 19: Airport Revenue Diversification (2010). Paul B. Demkovich et al., Transp. Research Bd., Air- port Coop. Research Program, Airport Cooperative Research Program Report 111: A Guidebook for Air- port-Airline Consortia (2014). Paul Stephen Dempsey, Transp. Research Bd., Airport Coop. Research Program, Legal Research Digest 2: Theory and Law of Airport Revenue Diversion (2008). Rick Crider, et al., Transp. Research Bd., Airport Coop. Research Program, ACRP Report 47: Guidebook for Developing and Leasing Airport Property (2011). Sheri Ernico et al., Transp. Research Bd., Airport Coop. Research Program, Airport Cooperative Research Program Report 66: Considering and Evaluating Air- port Privatization (2012). Stephanie Ward et al., Transp. Research Bd., Airport Coop. Research Program, ACRP Research Report 176: Generating Revenue from Commercial Development On or Adjacent to Airports (2017). Stephen P. Barrett et al., Transp. Research Bd., Airport Coop. Research Program, ACRP Report 141: Renew- able Energy as an Airport Revenue Source (2015). Steven C. Martin, Transp. Research Bd., Airport Coop. Research Program, ACRP Report 18: Passenger Air Service Development Techniques (2009). Susan J.H. Zellers et al., Transp. Research Bd., Airport Coop. Research Program, ACRP Research Report 16: Guidebook for Managing Small Airports (2d ed. 2019). Office of Inspector Gen., U.S. Dep’t of Transp., Report No. R9-FA-7-005, Management Advisory Memorandum on City of Los Angeles’ Department of Airports Rev- enue Retention (1997). Office of Inspector Gen., U.S. Dep’t of Transp., Report No. SC-2004-038, Report on Revenue Use and Diver- sions at San Francisco International Airport (2004) (various charges assessed by the City of San Francisco on SFO were impermissible revenue diversion). Governmental Reports and Other Materials Megan Gaillard, Internal Audit Dep’t, Collier Cty. Air- port Auth., Report 2014-4: Drag Strip and Go Cart Track (2014), https://www.collierclerk.com/ images/ resource-library/pdf/internal-audit-pdf/2014-4%20 CCAA%20Drag%20Strip%20and%20Go%20Cart%20 Track.pdf. Panel on Public-Private P’Ships, H. Comm. on Transp. and Infrastructure, 113th Cong., Public-Private Partnerships: Balancing the Needs of the Public and Private Sectors to Finance the Nation’s Infrastruc- ture; Findings and Recommendations of the Special Panel on Public-Private Partnerships (2014). Rachel Y. Tang, Cong. Research Serv., R43327, Financing Airport Improvements (2019). Rachel Y. Tang, Cong. Research Serv., R43545, Airport Privatization: Issues and Options for Congress (2017). Robert S. Kirk, Cong. Research Serv., R40608, Airport Improvement Program (AIP): Reauthorization Issues for Congress (2009). U.S. Gov’t Accountability Office, GAO/RCED-97-3, Air- port Privatization: Issues Related to the Sale or Lease of U.S. Commercial Airports (1996). U.S. Gov’t Accountability Office, GAO/RCED-98-71, Airport Financing: Funding Sources for Airport Development (1998). U.S. Gov’t Accountability Office, GAO/RCED-99-109, General Aviation Airports—Unauthorized Land Use Highlights Need for Improved Oversight and Enforcement (1999). U.S. Gov’t Accountability Office, GAO/T-RCED-96-82, Airport Privatization—Issues Related to the Sale or Lease of U.S. Commercial Airports (1996). U.S. Gov’t Accountability Office, GAO/T-RCED-99-214, General Aviation Airports—Oversight and Funding (1999). U.S. Gov’t Accountability Office, GAO-05-727, Inter- modal Transportation: Potential strategies would redefine Federal Role in Developing Airport Inter- modal Capabilities (2005). U.S. Gov’t Accountability Office, GAO-15-306, Air- port Finance: Information on Funding Sources and Planned Capital Development (2015).