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<br />agreed to by the sponsor and the using agency; substantial use of an airport by Government aircraft will be
<br />considered to exist when operations of such aircraft are in excess of those which, in the opinion of the
<br />Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any
<br />calendar month that-
<br />a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or
<br />b. The total number of movements (counting each landing as a movement) of Government aircraft is
<br />300 or more, or the gross accumulative weight of Govemment aircraft using the airport (the total
<br />movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five
<br />million pounds.
<br />
<br />28. Land for Federal Facilities. It will furnish without coat to the Federal Government for use in connection with
<br />any air traffic control or air navigation activities, or weather-reporting and communication activities related to air
<br />traffic control, any areas of land or water, or estate therein, or rights in buHdings of the sponsor as the Secretary
<br />considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or
<br />facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within
<br />four months after receipt of a written request from the Secretary.
<br />
<br />29. Airport Layout Plan.
<br />a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the
<br />airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or
<br />controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and
<br />nature of all existing and proposed airport facilities and structures (such as runways, taxiways,
<br />aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of
<br />existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all
<br />existing Improvements thereon. Such airport layout plans and each amendment, revision, or
<br />modifICation thereof, shall be subject to the approval of the Secretary which approval shall be
<br />evidenced by the signature of a duly authorized representative of the Secretary on the face of the
<br />airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or
<br />any of Its facilities which are not in conformity with the airport layout plan as approved by the
<br />Secretary and which might, In the opinion of the Secretary, adversely affect the safety, utility or
<br />effICiency of the airport.
<br />b. If a change or alteration in the airport or the facilities Is made which the Secretary determines
<br />adversely affects the safety, utility, or effICiency of any federally owned, leased, or funded property on
<br />or off the airport and which is not in conformity with the airport layout plan as approved by the
<br />Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect
<br />in a maMer approved by the Secretary; or (2) bear all costs of relocating such property (or
<br />replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or
<br />replacement thereof) to the level of safety, utility, effICiency, and cost of operation existing before the
<br />unapproved change in the airport or Its facUities.
<br />
<br />30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds
<br />of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity
<br />conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the
<br />period during which Federal financial assistance Is extended to the program, except where Federal financial
<br />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
<br />following periods: (a) the period during which the property Is used for a purpose for which Federal financial
<br />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. [HsposalofLand.
<br />a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land,
<br />when the land is no longer needed for such purposes, at fair market value, at the earliest practicable
<br />time. That portion of the proceeds of such disposition which is proportionate to the United States'
<br />share of acquisition of such land will, at the discretion of the Secretary, 1) be paid to the Secretary for
<br />deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed
<br />by the Secretary.
<br />b. (1) For land purchased under a grant for airport development purposes (other than noise
<br />compatibility), it wiN, when the land is no longer needed for airport purposes, dispose of such land at
<br />fair market value or make available to the Secretary an amount equal to the United States'
<br />proportionate share of the fair market value of the land. That portion of the proceeds of such
<br />disposition which is proportionate to the United States' share of the cost of acquisition of such land
<br />will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement
<br />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
<br />needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land,
<br />and (b) the revenue from interim uses of such land contributes to the financial self-sufficiency of the
<br />airport. Further, land purchased with a grant received by an airport operator or owner before
<br />December 31, 1987, wUI be considered to be needed for airport purposes if the Secretary or Federal
<br />agency making such grant before December 31, 1987, was notified by the operator or owner of the
<br />uses of such land, did not object to such use, and the land continues to be used for that purpose,
<br />such use having commenced no later than December 15, 1989.
<br />
<br />Airport Assurances (9/99) State Modified (9/99)
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<br />A-7
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