Presented to: By: Date: Federal Aviation Administration Airport Improvement Program Overview of...
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Transcript of Presented to: By: Date: Federal Aviation Administration Airport Improvement Program Overview of...
Presented to:
By:
Date:
Federal AviationAdministrationAirport Improvement
Program
Overview of Grant Assurances & Common
Mistakes
2009 Federal Agency Update
Joelle Briggs, Regional Compliance Program Mgr.
January 14, 2009
AIP Program Grant Assurance Overview2Federal Aviation
AdministrationJanuary 14, 2009
Airport Sponsor Assurances• Part A General
• Part B Duration and Applicability– Useful life, not more than 20 years– No limit on land
• Part C Sponsor Certification– 39 Assurances to abide by– General Federal Requirements (Legislation, EO, Regulations)
• Uniform Relocation Assistance & Real Property Acquisition Act of 1970, 42 USC 4601, et seq.
• Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs, 49 CFR Part 24
• Sponsor Certification
AIP Program Grant Assurance Overview3Federal Aviation
AdministrationJanuary 14, 2009
Common Mistakes
• Residential Use
• Through-the-Fence Access
• Revenue Diversion
• Economic Non-Discrimination
• Exclusive Rights
AIP Program Grant Assurance Overview4Federal Aviation
AdministrationJanuary 14, 2009
On-Airport Residential Use
AIP Program Grant Assurance Overview5Federal Aviation
AdministrationJanuary 14, 2009
Is an incompatible land use
And must be terminated, even if its making money…
AIP Program Grant Assurance Overview6Federal Aviation
AdministrationJanuary 14, 2009
Residential Use
Grant Assurances Potentially Implicated
• #5, Rights and Powers• #19, Operation and Maintenance • #21, Compatible Land Use• #24, Fee and Rental Structure• #25, Airport Revenue
AIP Program Grant Assurance Overview7Federal Aviation
AdministrationJanuary 14, 2009
Residential TTF Access
AIP Program Grant Assurance Overview8Federal Aviation
AdministrationJanuary 14, 2009
Where Does FAA Stand?
Residential TTF Access –Incompatible Land Use
Grant Assurance Violation
Non-Residential – Notify FAA and get review of
agreement
Minimum Standards AC 150/5190-7
AIP Program Grant Assurance Overview9Federal Aviation
AdministrationJanuary 14, 2009
Through-the-Fence Access Issues
TTF Access in Perpetuity – #5, Preserving Rights & Powers
Access Fee Not at Parity –#22, Economic Non-discrimination #24, Fee & Rental StructureLose hangar leases to TTF operator
Access is Not Subordinate to Grant Assurances#5, Preserving Rights & PowersMonitoring compliance
Commercial Service TTF#22, Economic Non-discrimination#24, Fee & Rental Structure -- Fuel Flowage Fee
AIP Program Grant Assurance Overview10Federal Aviation
AdministrationJanuary 14, 2009
#25. Airport Revenues§ 47107(L)
• All revenues generated by the airport and any local taxes on aviation fuel, established after 12/30/87, will be expended for the capital or operating costs of the airport…
• Policy published in February 1999
AIP Program Grant Assurance Overview11Federal Aviation
AdministrationJanuary 14, 2009
Airport RevenuePermitted v. Prohibited Uses
Permitted• Capital or operating costs
of the airport• Cost of marketing the
airport• Share of promotional
expenses• Certain directly or indirectly
allocated costs. • Reimbursement to sponsor
for debts 6 years prior.
Prohibited• Paying more for services
provided by the sponsor than reasonably worth
• Giving away use of airport property for charitable purposes.
• Sponsor uses property without paying for it. – Maintenance or storage
facility, equipment use
AIP Program Grant Assurance Overview12Federal Aviation
AdministrationJanuary 14, 2009
#22, Economic Nondiscrimination47107(a)(1-5)
Make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport.
AIP Program Grant Assurance Overview13Federal Aviation
AdministrationJanuary 14, 2009
#23, Exclusive Rights47107(a)(4)
AC 150/5190-6
• Will not permit or grant, either directly or indirectly, an exclusive right to conduct any aeronautical activities at the airport.
• Examples – – Exclusive Right in the FBO lease; – FBO leases all available space although not
immediately used.
AIP Program Grant Assurance Overview14Federal Aviation
AdministrationJanuary 14, 2009
Resourceswww.faa.gov/airports_airtraffic/airports/regional_guidance/northwest_mountain/airport_obligations/
• Grant Assurances
• Compliance Handbook, Order 5190.6A
• Exclusive Rights AC 150/5190-6
• Policy and Procedures on Revenue Use