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<br />.a. <br /> <br />It wi&ke or pennit any action which would operate to deprive Ay of the rights and powers necessary to <br />perform any or all ofthi: terms. conditions, and assurances in iHe 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 wouid interfere with such performance by the sponsor. This shall be done in a manner acceptable to <br />the Secretary. . <br />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 APP A or, for a noise compatibility program project, that porti~n 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 />terms, conditions, and assurances contained in this grant agreement. <br />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 ifit 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 />For noise compatibility program projects to be carried out on privately owned property, it will enter into an <br />agreement with the O\\'tIer 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 />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 />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 reselVe 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. . . <br /> <br />b. <br /> <br />c. <br /> <br />d. <br /> <br />e. <br /> <br />f. <br /> <br />6. Consistency with Local Plans. The project is reasonably consistent with plans (existi!1g at the time of submission of this <br />APP A) 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 />7. . Con.slderatlon of Local Interest: It has given fair consideration.to the interest of communities in or near where the project <br />may be .Iocated. .. . . <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 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 has 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 />10. Air and Water Quality Standards. In projects involving airport 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 certilY 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 quality standards. In any <br />case where such standards have not been approved and where applicable air and water quality standards have been <br />promulgat~ by the Administrator of the Environmental Protection Agem;y, certification shall be obtained from such <br />Adminisli'ator. Notice of certification or refusal to certify shall be provided within sixty days a(ler the project APPA has been <br />received by the Secretary. . <br /> <br />11. Pavement Preventive Maintenance. With respect to a project approved after January I, 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 enplaning <br />and deplaning from aircraft other than air carrier aircraft. <br /> <br />13. AccountIng System, Audit, and Record KeepIng RequIrements. <br />a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of <br /> <br />Page 16 of25 <br />