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b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety,utility,or
<br /> efficiency of any federally owned, leased,or funded property on or off the airport and which is not in conformity with the airport layout
<br /> plan as approved by the Secretary,the owner or operator will,if requested, by the Secretary(1)eliminate such adverse effect in a
<br /> manner approved by the Secretary:or(2)bear all costs of relocating such property(or replacement thereof)to a site acceptable to the
<br /> Secretary and all costs of restoring such property(or replacement thereof)to the level of safety,utility,efficiency,and cost of operation
<br /> existing before the unapproved change in the airport or its facilities.
<br /> 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall,on the grounds of race,creed,color,national
<br /> origin,sex,age,or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant.
<br /> This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program,except where
<br /> Federal financial assistance is to provide,or is in the form of personal property or real property or interest therein or structures or
<br /> improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a)the
<br /> period during which the property is used for a purpose for which Federal financial assistance is extended,or for another purpose involving
<br /> the provision of similar services or benefits,or(b)the period during which the sponsor retains ownership or possession of the property.
<br /> 31. Disposal of Land.
<br /> a. For land purchased under a grant for airport noise compatibility purposes,it will dispose of the land,when the land is no longer needed
<br /> for such purposes, at fair market value,at the earliest practicable time. That portion of the proceeds of such disposition which is
<br /> proportionate to the United States'share of acquisition of such land will,at the discretion of the Secretary, 1)be paid to the Secretary
<br /> for deposit in the Trust Fund,or 2)be reinvested in an approved noise compatibility project as prescribed by the Secretary.
<br /> b. (1) For land purchased under a grant for airport development purposes(other than noise compatibility),it will,when the land is no
<br /> longer needed for airport purposes,dispose of such land at fair market value or make available to the Secretary an amount equal
<br /> to the United States'proportionate share of the fair market value of the land. That portion of the proceeds of such disposition
<br /> which is proportionate to the United States'share of the cost of acquisition of such land will,(a)upon application to the Secretary,
<br /> be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the
<br /> national airport system,or(b)be paid to the Secretary for deposit in the Trust Fund if no eligible project exists.
<br /> (2) Land shall be considered to be needed for airport purposes under this assurance if(a)it may be needed for aeronautical
<br /> purposes(including runway protection zones)or serve as noise buffer land,and(b)the revenue from interim uses of such land
<br /> contributes to the financial self-sufficiency of the airport. Further,land purchased with a grant received by an airport operator or
<br /> owner before December 31, 1987,will be considered to be needed for airport purposes if the Secretary or Federal agency making
<br /> such grant before December 31, 1987,was notified by the operator or owner of the uses of such land,did not object to such use,
<br /> and the land continues to be used for that purpose,such use having commenced no later than December 15, 1989.
<br /> C. Disposition of such land under(a)or(b)will be subject to the retention or reservation of any interest or right therein necessary to
<br /> ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport.
<br /> 32. Engineering and Design Services. It will award each contract,or sub-contract for program management,construction management,
<br /> planning studies,feasibility studies,architectural services,preliminary engineering,design,engineering,surveying,mapping or related
<br /> services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX
<br /> of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the
<br /> sponsor of the airport.
<br /> 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or
<br /> service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying
<br /> fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.
<br /> 34. Policies,Standards,and Specifications. It will carry out the project in accordance with policies,standards,and specifications approved
<br /> by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects,dated 711199
<br /> and included in this grant,and in accordance with applicable stale policies,standards,and specifications approved by the Secretary.
<br /> 35. Relocation and Real Property Acquisition. (1)It will be guided in acquiring real property,to the greatest extent practicable under State
<br /> law,by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as
<br /> specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and
<br /> reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3)It will make
<br /> available within a reasonable period of time prior to displacement,comparable replacement dwellings to displaced persons in accordance
<br /> with Subpart E of 49 CFR Part 24.
<br /> 36. Access By Intercity Buses. The airport owner or operator will permit,to the maximum extent practicable,intercity buses or other modes of
<br /> transportation to have access to the airport,however,it has no obligation to fund special facilities for intercity buses or for other modes of
<br /> transportation.
<br /> 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race,color,national origin or sex in the award
<br /> and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26.The
<br /> Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration
<br /> of DOT-assisted contracts.The recipient's DBE program,as required by 49 CFR Part 26,and as approved by DOT,is incorporated by
<br /> reference in this agreement.Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a
<br /> violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may impose
<br /> sanctions as provided for under Part 26 and may,in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the
<br /> Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801).
<br /> Airport Assurances (9/99) V-7
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