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<br /> a. It will not teke or permit any action which would operate to deprive It of any of the rights and
<br /> powers necesury to perform any or 811 of the terma, conditione, and assurances in the grant
<br /> agreement without the written approv81 of the Secretary, and will act promptly to acquire,
<br /> extinguish or modify any outstanding rights or claims of right of others which would interfere with
<br /> such performance by the sponsor. ThIs shell be done In a manner acceptable to the Secretary.
<br /> b. It will not s8ll, leeee, encumber, or otherwise transfer or dispose of any part of its title or other
<br /> Interests in the property shown on Exhibit A to this APPA or, for I noise compatibility program
<br /> project, that portion of the property upon which Feder81 funds heve been expended, for the
<br /> duration of the terms, conditions, and assurances in the grant agreement without approv81 by the
<br /> Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States
<br /> Code, to assume the obligations of the grant agreement and to have the power, authority, and
<br /> financial resources to carry out all such obligations, the sponsor shell ineert in the contract or
<br /> document transferring or disposing of the sponsor's Interest, and make binding upon the transferee
<br /> all of the terms, conditions, and assurances contained in this grant agreement.
<br /> c. For 811 noise compatibility program projects which are to be carried out by another unit of local
<br /> goverrvnent or are on property owned by a unit of 10c81 government other than the sponsor, it will
<br /> enter into an agreement with that goverM\8nt. Except as otherwise specified by the Secretary,
<br /> that agreement shall obligate that government to the same terms, conditions, and assurances that
<br /> would be applicable to it if it applied directly to the FAA for a grant to undertake the naise
<br /> compatibility program project. That agreement and changes thereto must be satisfactory to the
<br /> Secretary. It will teke 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
<br /> into an agreament with the owner of that property which includes provisions specified by the
<br /> Secretary. It will take steps to enforce this agreement against the property owner whenever there
<br /> is substanti81 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
<br /> the airport will continue to function as a public-use airport in accordance with these assurances for
<br /> the duration of these assurances.
<br /> f. If an arrangament is made for management and operation of the airport by any egency or person
<br /> other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights
<br /> and authority to insure that the airport will be operated and maintained in accordance Title 49,
<br /> United States Code, the regulations and the terms, conditions and assurances in the grant
<br /> agreament and shell insure that such arrangement 8Iso requires compliance therewith.
<br /> 6. Con8l8tency with Local Plane. The project is reasonably consistent with plans (existing at the time of submission of
<br /> this APPA) of public agencies that are authorized by the State in which the project is located to plan for the
<br /> development of the area surrounding the airport. For noise compatibility program projects, other than land acquisition,
<br /> to be carried out on property not owned by the airport and over which property another agency has land use control
<br /> or authority, the sponsor shall obtain from each such agency a written daclaratlon that such agency supports that
<br /> project and the project is reasonably consistent with the agency's plans regarding the property.
<br /> 7. C0n8lc1eratlon of locallntereet. It has given fair consideration to the interest of communities in or near where the
<br /> project may be located.
<br /> 8. C0n8u1tatlon with u.ers. In making a decision to undertake any airport development project under Title 49, United
<br /> States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is
<br /> proposed.
<br /> 9. Public Hearinp. In projects involving the location of an airport, an airport runway, or a major runway extension, it
<br /> has afforded the opportunity for public hearings for the purpose of considering the economic, social, and
<br /> environmental effects of the airport or runway location and its consistency with goals and objectives of such planning
<br /> as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the
<br /> transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting
<br /> representation from the communities where the project is located or has advised the communities that they have the
<br /> right to petition the Secretary concerning a proposed project.
<br /> 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location
<br /> it will provide for the Governor of the state in which the project is located to certify In writing to the Secretary that
<br /> the project will be located, designed, constructed, and operatad so as to comply with applicable air and water quality
<br /> standards. In any case where such standards have not been approved and where applicable air and water quality
<br /> standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be
<br /> obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after
<br /> the project APPA has been 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 /> Airport AsIurances (06I02J97 - State Modified 7197) A-3
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