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<br />transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which
<br />Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the
<br />period during which the sponsor retains ownership or possession of the property.
<br />
<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
<br />is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the
<br />proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the
<br />discretion of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an
<br />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,
<br />when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available
<br />to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That
<br />portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of
<br />acquisition of such land will, (a) upon application to the Secretary, be reinvested in another eligible airport
<br />improvement project or projects approved by the Secretary at that airport or within the national airport system, or
<br />(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
<br />aeronautical purposes (induding runway protection zones) or serve as noise buffer land, and (b) the revenue from
<br />interim uses of such land contributes to the fmancial self-sufficiency of the airport Further, land purchased with a
<br />grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for
<br />airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by
<br />the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that
<br />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
<br />necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated
<br />with operation of the airport.
<br />
<br />32. Engineering and Design Services. It will awarq each contract, or sub-contract for program management, construction
<br />management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering,
<br />surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and
<br />engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an
<br />equivalent qualifications-based requirement prescribed for or by the sponsor of the airport
<br />
<br />33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any
<br />product or service of a foreign country during the period in which such foreign country is listed by the U!lited States Trade
<br />Representative as denying fair and equitable market opportunities for products and suppliers of the United States in
<br />procurement and construction.
<br />
<br />34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications
<br />approved by the Secretary including but not 1imited to the advisory circulars listed in the Current FAA Advisory Circulars for
<br />AlP projects, dated 7/1/99 and included in this grant, and in accordance with applicable state policies, standards, and
<br />specifications approved by the Secretary.
<br />
<br />35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable
<br />under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for
<br />necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described
<br />in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of
<br />49 CFR Part 24. (3) It will make available within a reasonable period oftime prior to displacement, comparable replacement
<br />dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
<br />
<br />36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or
<br />other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity
<br />buses or for other modes of transportation.
<br />
<br />37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in
<br />the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49
<br />CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in
<br />the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as
<br />approved by DOT, is incorporated by reference in this agreement Implementation of this program is a legal obligation and
<br />failure to carry out its tenns shall be treated as a violation of this agreement Upon notification to the recipient of its failure to
<br />carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate
<br />cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C.
<br />3801).
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