|
<br />b.
<br />
<br />If a ce or alteration in the airport or the faciliti~s is made whicaecretary detennines adversely affects
<br />the safety, utility, or e(ficiency of any federally owned, leas~d, ~r funded property on or off the airport and which
<br />is not in confonniiY wiih the airport layout plan as approved by the Secretary. the owner or operator will, if
<br />requested, by the Secretary (I) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear
<br />all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of
<br />restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation
<br />existing before the unapproved change in the airport or its facilities.
<br />
<br />30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed,
<br />color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from
<br />funds received from this grant.. This assurance obligates the sponsor for the period during which F:ederal financial assistance
<br />is extended to the prograni, except where Federal financial assistance i~ to provide, or is in the fonn of personal property or
<br />real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or
<br />any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for
<br />which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits,
<br />or (b) the period during which the sponsor retains ownership or possession of the property.
<br />
<br />31. Disposal of Land.
<br />a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the
<br />land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of
<br />the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will,
<br />at the discretion of the Secretary, I) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in
<br />an approved noise compatibility project as prescribed by the Secretary.
<br />b. (I) For land purchased under a grant for airport development purposes (other than noise compatibility), it will,
<br />when the land is no longer needed for airport purposes, dispose of such land at fair market value or make
<br />available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the
<br />land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost
<br />of acquisition of such land will, (a) upon application to the Secretary, be reinvested .in another eligible airport
<br />improvement project or projects approved by the Secretary at that airport or within the national airport system, or
<br />(b) be paid to the Secretary for deposit in the Trust Fund ifno eligible project exists.
<br />(2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for
<br />aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (b) the revenue from
<br />interim uses.ofsuch land contributes to the financial self-sufficiency of the airport. Further, land purchased with a
<br />grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for
<br />airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by
<br />the operator or owner of the uses of such land, did not object to such use. and the land continues to be used for
<br />that purpose, such use having commenced no later than December IS, 1989. .
<br />c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right
<br />therein necessary to ensure that such land will only be used for purposes whi~h are compatible with noise levels
<br />associated with operation of the airport.
<br />
<br />32. EngineerIng and Design ServIces. It will award each contract, or sub-contract for prograni management. construction
<br />management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering,
<br />surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and
<br />engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an
<br />equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.
<br />
<br />33. ForeIgn Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses
<br />any product or service of a foreign country during the period in which such foreign country is listed by the United States.
<br />Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in
<br />procurement and constructio?
<br />
<br />34. PolicIes, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and
<br />specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA
<br />Advisory Circulars for AlP projects. dat~ 7/1/99 and included in this grant, and in accordance .with applicable state policies,
<br />. standards, and specifications approved by ~e Secretary. . .
<br />
<br />35. Relocation and Real Property AcquisItIon. (I) It will be guided in acquiring real property. to the greatest extent
<br />practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will payor reimburse
<br />property owners for necessary expenses as specified in Subpart B.(2) It will provide a relocation assistance program offering
<br />the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as
<br />required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to
<br />displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
<br />
<br />36. Access By IntercIty Buses. The airport owner or operator will pennit, to the maximum extent practicable, intercity buses or
<br />other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity
<br />buses or for other modes of transportation.
<br />
<br />37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex
<br />in the award and perfonnance of any DOT-assisted contract or in the administration of its DBE program or the requirements
<br />of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non
<br />discrimination in the award and ~ministration of DOT -assisted contracts. The recipient's OBE program, as required by 49
<br />
<br />Page 20 of25
<br />
|