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Secretary,including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property
<br /> previously purchased by the airport as part of a noise compatibility program.
<br /> b. 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 /> c. 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 /> d. Disposition of such land under(a),(b),or(c)will be subject to the retention or reservation of any interest or right therein
<br /> necessary to ensure that such land will only be used for purposes which are compatible with noise levels and safety associated
<br /> 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 7/1/05
<br /> and included in this grant,and in accordance with applicable state 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 /> 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the
<br /> airport for the aircraft at the aircraft owner's expense,the airport owner or operator will grant to the aircraft owner for the hangar a long term
<br /> lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose
<br /> 39. Competitive Access.
<br /> a. If the airport owner or operator of a medium or large hub airport(as defined in section 47102 of title 49,U.S.C.)has been unable
<br /> to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air
<br /> carrier to provide service to the airport or to expand service at the airport,the airport owner or operator shall transmit a report to
<br /> the Secretary that:
<br /> 1. Describes the requests
<br /> 2. Provides an explanation as to why the requests could not be accommodated;and
<br /> 3. Provides a time frame within which,if any,the airport will be able to accommodate the requests.
<br /> b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the
<br /> request(s)in the six month period prior to the applicable due date.
<br /> Airport Assurances (3/2005) V
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