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5. Preserving Rights and Powers.
<br /> a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of
<br /> the terms,conditions,and assurances in the grant agreement without the written approval of the Secretary,and will act promptly to
<br /> acquire,extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the
<br /> sponsor.This shall be done in a manner acceptable to the Secretary.
<br /> b. It will not sell,lease,encumber,or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit
<br /> A to this application or,for a noise compatibility program project,that portion of the property upon which Federal funds have been
<br /> expended,for the duration of the terms,conditions,and assurances in the grant agreement without approval by the Secretary. If the
<br /> transferee is found by the Secretary to be eligible under Title 49, United States Code,to assume the obligations of the grant agreement
<br /> and to have the power,authority,and financial resources to carry out all such obligations,the sponsor shall insert in the contract or
<br /> document transferring or disposing of the sponsor's interest,and make binding upon the transferee all of the terms,conditions,and
<br /> assurances contained in this grant agreement.
<br /> C. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned
<br /> by a unit of local government other than the sponsor,it will enter into an agreement with that government. Except as otherwise
<br /> specified by the Secretary,that agreement shall obligate that government to the same terms,conditions,and assurances that would be
<br /> applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and
<br /> changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there
<br /> is substantial non-compliance with the terms of the agreement.
<br /> d. For noise compatibility program projects to be carried out on privately owned property,it will enter into an agreement with the owner of
<br /> that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property
<br /> owner whenever there is substantial non-compliance with the terms of the agreement.
<br /> e. If the sponsor is a private sponsor,it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a
<br /> public-use airport in accordance with these assurances for the duration of these assurances.
<br /> f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an
<br /> employee of the sponsor,the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and
<br /> maintained in accordance Title 49,United States Code,the regulations and the terms,conditions and assurances in the grant
<br /> agreement and shall insure that such arrangement also requires compliance therewith.
<br /> 6. Consistency with Local Plans. The project is reasonably consistent with plans(existing at the time of submission of this application)of
<br /> public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the
<br /> airport.
<br /> 7. Consideration of Local Interest- It has given fair consideration to the interest of communities in or near where the project may be located.
<br /> B. Consultation with Users. In making a decision to undertake any airport development project under Title 49,United Slates Code,it has
<br /> undertaken reasonable consultations with affected parties using the airport at which project is proposed.
<br /> 9. Public Hearings. In projects involving the location of an airport,an airport runway,or a major runway extension,it has afforded the
<br /> opportunity for public hearings for the purpose of considering the economic,social,and environmental effects of the airport or runway
<br /> location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall,when
<br /> requested by the Secretary,submit a copy of the transcript of such hearings to the Secretary. Further,for such projects,it has on its
<br /> management board either voting representation from the communities where the project is located or has advised the communities that they
<br /> have the right to petition the Secretary concerning a proposed project.
<br /> 10. Air and Water Quality Standards. In projects involving airport location,a major runway extension,or runway location it will provide for the
<br /> Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located,designed,
<br /> constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not
<br /> been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental
<br /> Protection Agency,certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within
<br /> sixty days after the project application has been received by the Secretary.
<br /> 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995,for the replacement or reconstruction of
<br /> pavement at the airport,it assures or certifies that it has implemented an effective airport pavement maintenance-management program and
<br /> it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial
<br /> assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary
<br /> determines may be useful.
<br /> 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport,as defined in Title 49,it
<br /> has,on the date of submittal of the project grant application,all the safety equipment required for certification of such airport under section
<br /> 44706 of Title 49,United States Code, and all the security equipment required by rule or regulation,and has provided for access to the
<br /> passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
<br /> 13. Accounting System,Audit,and Record Keeping Requirements.
<br /> a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the
<br /> grant,the total cost of the project in connection with which the grant is given or used,and the amount or nature of that portion of the
<br /> cost of the project supplied by other sources,and such other financial records pertinent to the project. The accounts and records shall
<br /> be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984..
<br /> 4L b. It shall make available to the Secretary and the Comptroller General of the United States,or any of their duly authorized
<br /> representatives,for the purpose of audit and examination,any books,documents,papers,and records of the recipient that are
<br /> pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an
<br /> independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in
<br /> connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United
<br /> States not later than six(6)months following the close of the fiscal year for which the audit was made.
<br /> Airport Assurances (9/99) V-3
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