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<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 APPA or, for a noise compatibility program project, that portion of the property
<br />upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the
<br />grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under
<br />Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority,
<br />and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document
<br />transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms
<br />conditions, and 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 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
<br />government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to
<br />the same terms, conditions, and assurances that would be applicable to it if it. applied directly to the FAA for a
<br />grant to undertake the noise compatibility program project, That agreement and changes thereto must be
<br />satisfactory to the Secretary, It will take steps to enforce this agreement against the local government if there is
<br />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
<br />to enforce this agreement against the property owner whenever there is substantial non-compliance with the
<br />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
<br />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
<br />airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms,
<br />conditions and assurances in the grant agreement and shall insure that such arrangement also requires
<br />compliance therewith.
<br />
<br />6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this
<br />APPA) of public agencies that are authorized by the State in which the project is located to plan for the development of the
<br />area surrounding the airport. For noise compatibility program projects, other than land acquisition, to be carried out on
<br />property not owned by the airport and over which property another agency has land use control or authority, the sponsor
<br />shall obtain from each such agency a written declaration that such agency supports that project and the project is
<br />reasonably consistent with the agency's plans regarding the property.
<br />
<br />7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project
<br />may be located.
<br />
<br />8. Consultation with Users. In making a decision to undertake ,any airport development project under Title 49, United States
<br />Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
<br />
<br />9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has
<br />afforded the opportunity for publiC hearings for the purpose of considering the economic, social, and environmental effects
<br />of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by
<br />the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the
<br />Secretary. Further, for such projects, it has on its management board either voting representation from the communities
<br />where the project is located or has advised the communities that they have the right to petition the Secretary concerning a
<br />proposed project.
<br />
<br />10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it wlll
<br />provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will
<br />be located, designed, constructed, and operated so as to comply with applicable air and water quality standards, In any
<br />case where such standards have not been approved and where applicable air and water quality standards have been
<br />promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such
<br />Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project APPA has been
<br />received by the Secretary.
<br />
<br />11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or
<br />reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement
<br />maintenance-management program and it assures that it will use such program for the useful life of any pavement
<br />constructed, reconstructed or repaired with' Federal financial assistance at the airport. It will provide such reports on
<br />pavement condition and pavement management programs as the Secretary determines may be useful.
<br />
<br />12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined
<br />in Title 49, it has, on the date of submittal of the project grant request, all the safety equipment required for certification of
<br />such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or
<br />regulation, and has' provided for access to the passenger enplaning and deplaning area of such airport to passengers
<br />enplaning and deplaning from aircraft other than air carrier aircraft.
<br />
<br />13. Accounting System, Audit, and Recordkeeping Requirements.
<br />a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of
<br />the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the
<br />amount or nature of that portion of the cost of the project supplied by other sources, and such other financial
<br />records pertinent to the project. The accounts and records shall be kept in accordance with an accounting
<br />system that will facilitate an effective audit in accordance with the Single Audit Act of 1984,
<br />
<br />Airport Assurances (06/02/97 - State Modified 7/97)
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<br />A-3
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