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10.
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<br />11.
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<br />12.
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<br />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
<br /> the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of
<br /> others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to
<br /> the Secretary.
<br />b. It will not sell, lease, encumber, or othe~vise 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
<br /> property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances
<br /> in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible
<br /> under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power,
<br /> authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or
<br /> document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the
<br /> temps, 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 the
<br /> same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant
<br /> to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to
<br /> the Secretary, It will take steps to enforce this agreement against the local government if there is substantial non-
<br /> compliance with the terms of the agreement.
<br />d. For noise compatibility program projects to be carded 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 terms
<br /> 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 />
<br />£ 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 compliance
<br /> therewith.
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<br />Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submisslon 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.
<br />
<br />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 />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 />Public Hearings. In projects involving the location of an aftport, an airport runway, or a major runway e×tension, it has
<br />afibrded the opportunity for public hearings for the purpose of considering the economic, social, and environmental e flecks of
<br />the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the
<br />community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary~
<br />Further, for such projects, it ha5 on its management board either voting representation from the communities where the
<br />project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed
<br />project,
<br />
<br />Air and Water Quality Standards. In projects involving aiq)ort location, a major runway extension, or runway location it
<br />will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project
<br />will be located, designed, constructed, and operated so as to comply with applicable air and water quali~y 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.
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<br />Pavement Preventive Maintenance. With respect to a project approved a~er January I, 1995, for the replacement or
<br />reconstruction of pavement at the airport, it assures or certities 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 />Terminal Development Prerequisites. For projects which include tcrmina[ development at a public use airport, ~s defined
<br />in Title 49, it has, on the date o~'submittal of thc project grant request, all the safety equipment required for certification of
<br />such airport under section 44706of Title 49, United States Code, and all the security equipment required by rule or
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