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b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title
<br />satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance
<br />to the Secretary that good title will be obtained.
<br />5. 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 necessary to
<br />perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the
<br />Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which
<br />would interfere with such performance by the 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 title or other interests in the
<br />property shown on Exhibit A to this application or, for a noise compatibility program pn>ject, that portion of the property
<br />upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant
<br />agreement without approval by the Secretary If the transferee is found by the Secretary to be eligible under Title 49, United
<br />States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to
<br />carry out all such obligations, the sponsor shall insert in the contract or document trrnslcrring or disposing of the sponsor's
<br />interest, and make binding upon the transferee all ufthe terms, conditions, and assurances contained in this grant agreement.
<br />c. Por all noise compatibility program protects which are to be carved out by another unit of local government or are
<br />on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government.
<br />Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions,
<br />and assurances that world 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 take steps to enlbrce this
<br />agreement against the local government if there is substantial non-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 an
<br />agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce
<br />this agreement against the property owner whenever there is substantial 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 airport will
<br />continue to function as a public-use airport in accordance with these assurances for the duration of these assurances.
<br />f. If an arrangement is made for management and operation of the airport by any agency or person other than the
<br />sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will
<br />be operated and maintained in accordance'fitle 49, United States Codc, the regulations and the terms, conditions and
<br />assurances in the grant agreement and shall insure that such arrangement also requires compliance. therewith.
<br />6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submisswn of this
<br />application) of public agencies that arc authorized by the Slate in which the project is located to plan for the development of the area surrounding
<br />the airport.
<br />7. Consideration of Local Interest II has given lair consideration to the interest of communities m or near where the project
<br />may be located
<br />8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, Unrted States
<br />Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
<br />9. Public hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, d has
<br />afforded the opportunity for public hearings fur the purpose of considering the economic, social, and environmental effects of the airport or runway
<br />location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the
<br />Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting
<br />representation Isom the communities where the project is located or has advised the communities that they have the right to petition the Secretary
<br />concerning a proposed prcijccl.
<br />I11. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it
<br />will provide fix the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located,
<br />designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have nut been
<br />approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection
<br />Agency, certification shall be obtained from such Administrator Notice of certification or relusal to certify shall be provided within sixty days alter
<br />the prgjcct application has been received by the Secretary
<br />1 I. Pavement Preventive Maintenance With respect to a project approved after January I, 1995, for the replacement or
<br />reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management
<br />program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial
<br />assistance at the airport. It will provide such reports on pavement condition and pavenetnt management programs as the Secretary determines may
<br />he useful.
<br />12. Terminal Development Prcreyuisites. For pro.lccls which include tcrnunal development at a puhlic use airport, as defined
<br />in 'I~itle d9, it has, on the date of submittal of the pro~cct grant application. all the salcty equipment required lbr certification of such airport m~dcr
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