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<br />b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds
<br />good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be
<br />expended or will give assurance to the Secretary that good title will be obtained.
<br />
<br />6. 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
<br />necessary to perform any or all of the terms, conditions, and assurances in the grant agreement
<br />without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify
<br />any outstanding rights or claims of right of othenl 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 tiUe or other
<br />interests in the property shown on Exhibit A to this APPA or, for a noise compatibility program project,
<br />that portion of the property upon which Federal funds have been expended, for the duration of the
<br />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
<br />obligations of the grant agreement and to have the power, authority, and financial resources to carry
<br />out all such obligations, the sponsor shall insert in the contract or document transferring or disposing
<br />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
<br />government or are on property owned by a unit of local government other than the sponsor, it will
<br />enter into an agreement with that government. Except as otherwise specified by the Secretary, that
<br />agreement shall obligate that government to the same terms, conditions, and assurances that would
<br />be applicable to it If it applied directly to the FAA for a grant to undertake the noise compatibility
<br />program project. That agreement and changes thereto must be satisfactory to the Secretary. It will
<br />take steps to enforce this agreement against the local government if there is substantial non-
<br />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
<br />an agreement with the owner of that property which Includes provisions specified by the Secretary. It
<br />wiD take steps to enforce this agreement against the property owner whenever there is substantial
<br />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
<br />airport will continue to function as a public-use airport In accordance with these assurances for the
<br />duration of these assurances.
<br />f. If an arrangement is made for management and operation of the airport by any agency or person
<br />other than the sponsor or an emptoyee of the sponsor, the sponsor will reserve suffICient rlghts and
<br />authority to insure that the airport wUI be operated and maintained in accordance Title 49, United
<br />States Code, the regulations and the terms, conditions and assurances in the grant agreement and
<br />shall Insure that such arrangement also requires compliance therewith.
<br />
<br />6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of
<br />submission of this APPA) of public agencies that are authorized by the state in which the project is located to
<br />plan for the development of the area surrounding the airport.
<br />
<br />7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where
<br />the project may be located.
<br />
<br />8. Consultation with Users. In making a decision to undertake any airport development project under Title 49,
<br />United States Code, it has undertaken reasonable consultations with affected parties using the airport at which
<br />project is proposed.
<br />
<br />8. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway
<br />extension, it has afforded the opportunity for public hearings for the purpose of considering the economic,
<br />social, and environmental effects of the airport or runway location and its consistency wih goala and objectives
<br />of such planning as has been carried out by the community and It shall, when requested by the Secretary,
<br />submit a copy of the transcript of such hearings to the Secretary. FlI1her, for such projects, it has on its
<br />management board either voting representation from the communities where the project is located or has
<br />advised the communities that they have the right to petition the Secretary concerning a proposed project.
<br />
<br />10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway
<br />location It wUI provide for the Governor of the state in which the project is located to certify in writing to the
<br />Secretary that the project wilt be located, designed, constructed, and operated so as to comply with applicable
<br />air and water quality standards. In any case where such standards have not been approved and where
<br />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
<br />certify shall be provided within sixty days after the project APPA has been received by the Secretary.
<br />
<br />11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the
<br />replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an
<br />effective airport pavement malntenance-management program and it assures that it wilt use such program for
<br />the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the
<br />airport. It will provide such reports on pavement condition and pavement management programs as the
<br />Secretary determines may be useful.
<br />
<br />Airport Assurances (9199) State Modified (9199)
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<br />A-3
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