StudyBoss » Grant Assurances: Non-Discrimination Language

Grant Assurances: Non-Discrimination Language

Grant Assurance 30. e: This clause requires the Sponsor to include non-discrimination language in all contracts that are subject to Title VI and 49 CFR Part 21. The Sponsor must include non-discrimination language as a covenant running with the land for any transfer of land by the Federal government. A non-discrimination covenant running with the land must also be included in any deed lease or other document transferring property acquired with AIP grants or for construction or use of space on property acquired with AIP grants.

All the contracts subject to this clause must also include a list of applicable legal and administrative authorities implementing the prohibition on discrimination in this Grant Assurance and Title VI. Grant Assurance 30. f: This clause requires the Sponsor to guarantee that the Sponsor itself, other recipients, sub-recipients, contractors, sub-contractors, consultants, transferees, successors in interest and other participants comply with all applicable non-discrimination requirements. Grant Assurance 30. : Under this clause, the Sponsor agrees that the United States has a right to seek judicial enforcement of Grant Assurances 30, including applicable statutes and regulations.

Resources and References: Airport Compliance Manual, Order 5190. 6B, §9. 9 U. S. DOT Order1050. 2A, DOT Standard Civil Rights Assurances and Non-Discrimination Provisions; https://www. faa. gov/about/office_org/headquarters_offices/acr/com_civ_support/non_disc_pr/media/dot_order_1050_2A_standard_dot_title_vi_assurances. pdf FAA Order 1400. 11, Non-Discrimination in Federally Assisted Programs at the FAA (August 27, 2013); http://www. aa. gov/documentlibrary/media/order/faa_1400_11. pdf Required Contract Provisions for Airport Improvement Program and for Obligated Sponsors January 29, 2016), Appendix A, section A6 FAA Title VI Toolkit (September 2003); Grant Assurance 31, Disposal of Land This Assurance governs land acquired with AIP funds.

Disposal of other airport properties, and the treatment of the proceeds from disposal are governed by other Grant Assurances, including Grant Assurance 5, Preserving Rights and Powers, Grant Assurance 24, Fee and Rental Structure, and Grant Assurance 25, Airport Revenues.

Grant Assurance 31 was modified from time to time to reflect changes in statutory authority. As a result, the status of land classified as “noise buffer” land is somewhat ambiguous. Grant Assurance 31 includes four clauses, summarized below: Grant Assurance 31. a: This clause governs disposal of AIP-funded land acquired for noise compatibility purposes. When the land is no longer needed for noise compatibility, the Sponsor must dispose of the land at FMV. The FMV must be established through at least one independent appraisal.

The Federal share of the proceeds received, or of the FMV, whichever is greater, must be applied to one of the following purposes, in descending order of priority: (1) Reinvestment in an approved noise compatibility project at the airport; (2) Reinvestment in a project at the airport eligible for discretionary AIP funding under the special apportionment categories listed in 49 USC § 47117(e); (3) Reinvestment in any other AIP-eligible airport development project at the airport; (4) Transfer to another Sponsor for use of a noise compatibility project at another airport; or (5) Repayment to the FAA for deposit in the Airport and Airway Trust.

Any project under the first four purposes must be approved by the FAA. However, if the Sponsor has leased the land at FMV and the lease is consistent with noise buffering, the FAA will not treat the lease as a disposal, and the lease revenue may be used for an eligible airport development project or any other purpose permitted for the use of airport revenue. Grant Assurance 31. b: This clause governs disposal of AIP-funded land acquired for airport development purposes. Once the land is no longer needed for airport purposes, the Sponsor must dispose of the land at FMV. The FMV must be established by at least one independent appraisal.

The Federal share of the proceeds received, or of the FMV, whichever is greater, must be applied to one of the following purposes, in descending order of priority: (1) Reinvestment in an approved noise compatibility project at the airport; (2) Reinvestment in a project at the airport eligible for discretionary AIP funding under the special apportionment categories listed in 49 USC § 47117(e); (3) Reinvestment in any other AIP-eligible airport development project at the airport; (4) Transfer to another Sponsor for use of a noise compatibility project at another airport; or (5) Repayment to the FAA for deposit in the Airport and Airway Trust.

Any project under the first four purposes must be approved by the FAA. Grant Assurance 31. c: This clause specifies that airport purposes include protection of runway protection zones (RPZ) and noise buffering, if the revenue generated by interim uses of the land contribute to the airport’s financial self-sufficiency. In other words, the Sponsor may retain and RPZ and noise buffer land and lease it out to generate revenue for the airport. Grant Assurance 31. d: This clause requires the Sponsor to retain the rights or interests in any land disposed of or leased under Grant Assurance 31 to prevent future incompatible uses on the basis of noise.

Resources and References: Airport Compliance Manual, Order 5190. 6B, §§ 22. 16, 22. 18-22. 19. Grant Assurance 36, Access by Intercity Busses This Assurance requires the Sponsor to provide airport access for intercity busses and other modes of transportation. The is no requirement to construct facilities or to provide access without charge. In fact, the Sponsor must comply with Grant Assurance 24, Fee and Rental structure when providing access under this Grant Assurance Resources and References: Airport Compliance Manual, Order 5190. 6B, § 7. 0 Grant Assurance 37, Disadvantaged Business Enterprises Under this Assurance, the Sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the Sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and 26.

The Sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts, and/or concession contracts. The Sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in the Grant Agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of the Grant Agreement. Grant Assurance 37 also specifies that the FAA can refer a failure to properly implement an approved program for criminal enforcement under 18 U. S. C. §1001 or civil enforcement, including debarment, under the Program Fraud and Civil Remedies Act of 1986 (49 U. S. C. §3810 et seq. ). Although both programs are included in this single Assurance, only the ACDBE program requirements of 49 CFR Part 26 apply to airport operations and management generally. Additional information about ACDBE requirements and Part 26 can be found in section

2. 2. 3 above The DBE program requirements of 49 CFR Part 23 apply only to projects receiving AIP funds. Resources and References: For ACDBE program requirements, the following: FAA ACDBE Joint Venture Guidance (July 17, 2008) https://www. transportation. ov/sites/dot. gov/files/docs/AirportConcessionDBEJointVentureGuidance_0. pdf Car Rental Company Good Faith Efforts Guidance (undated) https://www. transportation. gov/sites/dot. gov/files/docs/Car_Rental_Companies_Good_Faith_Efforts_Guidance. pdf FAA, Principles for Evaluating Long-Term Exclusive Agreements in the ACDBE Program (June 10, 2013) https://www. transportation. gov/sites/dot. gov/files/docs/LTE_Guidance_Final_508. pdf Sample “No Change Declaration” for ACDBE concessionaires (undated) https://www. transportation. gov/sites/dot. gov/files/docs/SampleNoChangeDeclarationForConcessionaires_0. pdf Grant Assurance 38, Hangar Construction

Under this Assurance, if a Sponsor decides to permit an aircraft owner to construct a hangar on airport property, the Sponsor must grant a long-term lease. The lease may be subject to terms and conditions that the Sponsor chooses to impose (provided, of course, that the terms and conditions comply with the remaining Grant Assurances). Grant Assurance 38 does not itself create a requirement to permit hangar construction, but any request by the aircraft owner would be subject to Grant Assurance 22, Economic Non-Discrimination. Resources and References: Airport Compliance Manual, Order 5190. 6B, § 9. 7. b Grant Assurance 39, Competitive Access

Grant Assurance 39 applies only to medium and large hub airports (airports with at least 0. 25% of annual passenger boardings or enplanements). If a medium or large hub airport has been unable to grant a request of any air carrier for access to gates or other facilities, Grant Assurance 39 requires the Sponsor to submit a report to the FAA. The report must include the following: (1) A description of the request; (2) An explanation of why the request could not be accommodated; (3) A projected timeline for accommodating the request. The report must be filed each August 1 and February 1 until the carrier is accommodated.

Section 3, Project Specific Grant Assurances This section discusses the Grant Assurances that apply to the planning and implementation of AIP funded projects (Project Specific Grant Assurances), rather than general airport operations, maintenance and finance. The relevant Grant Assurances are discussed sequentially in numerical order. For those Assurances with subsidiary clauses or requirements, the individual clauses or requirements are also discussed.

Because these Grant Assurances relate to planning and implementation of projects, the Airport Compliance Manual, Order 5190. B is not a primary reference source. Rather the current and prior version of the AIP Handbook, Order 5100. 38C and 5100. 38D are primary sources. Order 5100. 38C is included as a reference because in some cases, it may explain the requirements of the Project Specific Grant Assurances more extensively than Order 5100. 38D. If there is conflict between the two versions of the order, the latter (5100. 38D) takes precedence.

3. 1 General Federal Requirements This Grant Assurance lists legislation, Executive Orders and regulations applicable to airports receiving AIP grants with the following totals: 6 pieces of legislation; 6 Executive Orders; and 23 regulations. Of these totals, the count of requirements that impose project specific requirements is as follows: 19 pieces of legislation; 5 Executive Order; and 14 regulations.

The discussion in this section of the project specific requirements in Grant Assurance 1 is organized by topic, e. g. environmental requirements, with statutes, executive orders and regulations related to the topic discussed together.

In Section 2, the generally applicable requirements included in this section are discussed sequentially in the order they appear in Grant Assurance 1, i. e. statutes, followed by Executive Orders, followed by regulations. There are three reasons for presenting these alternatives. The first is to get the Project Panel’s input on the approach that might be more useful and accessible for the Guidebook and the Research Report. The second is that the project specific obligations included in Grant Assurance 1 rarely generate controversy or FAA inquiry.

Therefore, resource material and agency interpretations that might be used to provide more extensive descriptions is limited. Third, except perhaps for the subject of civil rights, the generally applicable requirements are not as readily sorted into categories as the project specific requirements, although some categorization may be possible if the Project Panel prefers this approach. 3. 1. 1 General Environmental Requirements General environmental requirements include three statutory provisions and two Executive Orders. The requirements are summarized (with resource and reference materials) in Table 1, below.

Cite This Work

To export a reference to this article please select a referencing style below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.