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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 /> 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 /> 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 /> 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 /> 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 /> 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will
<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 /> 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 /> 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 /> 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 /> Airport Assurances (06/02/97 - State Modified 7/97) A-3
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