HomeMy WebLinkAbout95-93 RESOLUTION•
RESOLUTION NO. 9 5- 9 3
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK OF THE CITY OF FAYETTEVILLE TO EXECUTE
CERTAIN DOCUMENTS WHICH PROVIDE FOR GRANT
FUNDING TO ASSIST THE FEDERAL AVIATION
ADMINISTRATION IN THE PREPARATION OF AN
ENVIRONMENTAL IMPACT STATEMENT FOR THE
PROPOSED NORTHWEST ARKANSAS REGIONAL AIRPORT.
WHEREAS, the Federal Aviation Administration has awarded a $657,000 grant as the
federal share of the funds necessary to perform an Environmental Impact Statement for the
proposed Northwest Arkansas Regional Airport, and
WHEREAS, the Honorable Jim Guy Tucker, Governor of the State of Arkansas, has
awarded a $60,000 grant as part of the local share of the funds necessary to perform said
Environmental Impact Statement; and
WHEREAS, the Northwest Arkansas Regional Airport Authority would serve as the
"lead sponsor" of the grant and shall be solely responsible for securing any additional funds
necessary for the administration of the grant and compliance with all grant assurances thereunder;
and
WHEREAS, the City of Fayetteville would serve as a co-sponsor of said grant.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYEITEVILLE, ARKANSAS:
Ssstion1. That the Mayor and City Clerk are authorized to execute the grant
agreement, the Memorandum of Understanding, and other documents necessary thereto between
the City, the Federal Aviation Administration, and the Northwest Arkansas Regional Airport
Authority to perform the Environmental Impact Statement.
Staiin2. That the Northwest Arkansas Regional Airport Authority, as lead sponsor,
is designated as the administrator of said grant funds.
Section 3. That the Northwest Arkansas Regional Airport Authority, as provided for
in said Memorandum of Understanding, has agreed to hold harmless and indemnify the co-
sponsors, their officers, agents, and employees from any liability arising out of the performance
or termination of the contract for preparation of an Environmental Impact Statement on the
Project, or out of said Memorandum of Understanding, or out of the grant assurances.
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Resolution No. 95-93
September 21, 1993
Section 4. That the Northwest Arkansas Regional Airport Authority is authorized to
receive and expend said grant fund and shall be responsible for compliance with all grant
assurances.
PASSED AND APPROVED this 215t day of September 1993.
ATTEST:
By.
APPROVED:
By:
bevy LThomas, City Clerk
Hanna, Mayor
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US.Department
of Transportation
Federal Aviation
Administration
SEP 81993
Mr. Bill Mathews, Chairman
Northwest Arkansas Regional
Airport Authority
100 W. Center St., Suite 300
Fayetteville, AR 72701
The Honorable Fred Hanna
Mayor of Fayetteville
113 West Mountain
Fayetteville, AR 72701
The Honorable M. L. VanPoucke, Jr.
Mayor of Siloam Springs
410 North Broadway
Siloam Springs, AR 72761
Gentlemen:
Southwest Region
Arkansas, Louisiana,
New Mexico, Oklahoma,
Texas
The Honorable Don O'Neal
Mayor of Bentonville
115 West Central
Bentonville, AR 72712
,
Fort Worth, Texas 76193-0000
The Honorable John W. Sampier, Jr.
Mayor of Rogers
300 West Poplar
Rogers, AR 72756
The Honorable Charles N. McKinney
Mayor of Spnngdale
201 North Spring Street
Springdale, AR 72764
Enclosed are the original and six copies of the Grant Offer for AIP Project
No. 3-05-0021-02 for the preparation of an Environmental Impact Statement for the
proposed Replacement Air Carrier Airport in Northwest Arkansas. This Grant Offer
is financed from Fiscal Year 1993 funds and must be accepted by September 30, 1993,
to be valid.
After the Grant Offer has been accepted by resolution of the governing bodies of the
Sponsors, executed, and certified, please return the original to us. The copies are for
the Sponsors' files.
Please ensure that each attorney reviews and dates his certification after the Sponsor's
acceptance.
Sincerely,
Edward N. Agnew
Manager, Arkansas/Lo
Airport Development
Enclosures
TOGETHER WE SUCCEED -
GRANT AGREEMENT
FOR DEVELOPMENT PROJECT
PART 1 - OFFER
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Date of Offer: SEP 81993 Project No. 3-05-0021-02
Airport: Northwest Arkansas Regional Contract No. DOT FA 93 SW -8496
TO: Northwest Arkansas Regional Airport Authority, the City of Bentonville, Arkansas, the City
of Fayetteville, Arkansas, the City of Rogers, Arkansas, the City of Siloam Springs, Arkansas,
and the City of Springdale, Arkansas (herein referred to as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein
referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application (also called an Application
for Federal Assistance) dated September 7, 1993, for a grant of Federal funds for a project for
development of the Northwest Arkansas Regional Airport (herein called the "Airport"), together with
plans and specifications for such project, which Application for Federal Assistance, as approved by the
FAA is hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (herein called the
"Project") consisting of the following described airport development
Prepare Environmental Impact Statement for a Proposed Replacement Air Carrier
Airport in Northwest Arkansas
all as more particularly described in the said Application for Federal Assistance.
FAA Form 5100-37 (10-89) Development or Noise Program
Page 1 of 9 Pages
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NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and
Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity
Expansion Act of 1987, and the Airport and Airway Safety, Capacity, Noise Improvement, and
Intermodal Transportation Act of 1992, herein called the "Act," and/or the Aviation Safety and Noise
Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the
representations and assurances contained in said Project Application and its acceptance of this Offer
as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the assurances and conditions as herein provided,
THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OFTHE UNITED STATES,
HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred
in accomplishing the Project, ninety (90) percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this offer shall be $ 657,000.
2. The allowable costs of the project shall not include any costs determined by the FAA to be
ineligible for consideration as to allowability under the Act.
3. Payment of the United States share of the allowable project costs will be made pursuant to and
in accordance with the provisions of which regulations and procedures as the Secretary shall
prescnbe. Final determination of the United States share will be based upon the final audit of
the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
4. The Sponsor shall carry out and complete the Project without undue delays and in accordance
with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and
agrees to comply with the assurances which were made part of the Project Application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance
by the Sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the costs
of the Project unless this offer has been accepted by the Sponsor on or before September 30, 1993
or such subsequent date as may be prescribed in writing by the FAA.
FAA Form 51W-37 (10-89) Development or Noise Program
Page 2 of 9 Pages
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7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused m any other
manner in any project upon which Federal funds have been expended. For the purposes of this
Grant Agreement, the term "Federal funds" means funds however used or disbursed by the
Sponsor that were originally paid pursuant to this or any other Federal Grant Agreement. It shall
obtain the approval of the Secretary as to any determination of the amount of the Federal share
of such funds. It shall return the recovered Federal share, including funds recovered by
settlement, order or judgement, to the Secretary. It shall furnish to the Secretary, upon request,
all documents and records pertaining to the determination of the amount of the Federal share
or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All
settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery
of such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons
which may arise from, or be incident to, compliance with this Grant Agreement.
9. If a letter of credit is to be used, the Sponsor agrees to request cash drawdowns on the authorized
letter of credit only as and when actually needed for its disbursements and to timely reporting of
such disbursements as required. It is understood that failure to adhere to this provision may
cause the letter of credit to be revoked.
Special Conditions
1. It is understood and agreed that any project costs, other than formulation, incurred prior to
acceptance of this Grant and execution of the Memorandum of Understanding by the Sponsors
shall not be eligible for Federal participation.
2. It is understood and agreed that any project costs, other than formulation, incurred prior to the
issuance of a Notice to Proceed by the FAA shall not be eligible for Federal participation.
The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter
provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act,
constituting the contractual obligations and rights of the United States and the Sponsor with respect
to the accomplishment of the Project and compliance with the assurances and conditions as provided
herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF
RICA
FEDERAL AVIATION i MINISTRATION
(((
Manager, Arkansas/Loana ADO
FAA Fon 5100-37 (10-89) Development or Noise Program
Page 3 of 9 Pages
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PART II - ACCEPTANCE
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The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred
to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply
with all of the terms and conditions in this Offer and in the Project Application.
Executed this 1921‘.‘. day of e?'. , 19 93 .
(SEAL)
Attest:
Titl
By:
Northwest Arkansas Regional Airport Authority
(Name of Sponsor)
(Sponsor's Designated Official Representative)
Title: l r MA.t-
v
CERTIFICATE OF SPONSOR'S ATTORNEY
I, (2.. a Qfa d , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under
the laws of the State of Ord -•4^54s. . Further, I have examined the foregoing Grant Agreement
and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said
Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof
is in all respects due and proper and in accordance with the laws of the said State and the Act. In
addition, for grants involving projects to be carried out on property not owned by the Sponsor, there
are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion
that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance
with the terms thereof.
Dated at `' Z4:4) v..n. this /allay of e••, 4er ,19 53
re of Sponsor's Attorney
FAA Form 5100-37 (10-89) Development or Noise Program
Page 4 of 9 Pages
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Part II - ACCEPTANCE (continued)
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The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred
to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply
with all of the terms and conditions in this Offer and in the Project Application.
Executed this ZAP day of
(SEAL)
The City of Bentonville, Arkansas
(Name of Sporyi)
By:+,
(Sponsor's Designated official Representative
Title:
•
Attest:
Title:
7; 5x mr&
CERTIFICATE OF SPONSOR'S ATTORNEY
I, K Q ✓in I- 4u)Q', k , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under
the laws of the State off -it AA SAS . Further, I have examined the foregoing Grant Agreement
and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said
Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof
is in all respects due and proper and in accordance with the laws of the said State and the Act. In
addition, for grants involving projects to be carried out on property not owned by the Sponsor, there
are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion
that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance
with the terms thereof.
Dated at —It 3 0 co M. this 20 day of lite ,19.91.
E
'rr tyre of
imer
FAA Form 5100-37 (10-89) Development or Noise Program
age o ages
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Part II - ACCEPTANCE (continued)
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The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred
to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply
with all of the terms and conditions in this Offer and in the Project Application.
Executed this n. al d day of et.
(SEAL)
Attest:
Title:
The City of Fayetteville, Arkansas
(Na of Sponsor)
13y:
(Spo/wr'c Designated Official Representative)
Title: M arpitJ
CERTIFICATE OF SPONSOR'S ATTORNEY
I, L-4 60.'L D eccJ) acting as Attorney for the Sponsor do hereby certify:
That in my opinion the §ponsor is empowered to enter into the foregoing Grant Agreement under
the laws of the State of 4444 c . Further, I have examined the foregoing Grant Agreement
and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said
Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof
is in all respects due and proper and in accordance with the laws of the said State and the Act. In
addition, for grants involving projects to be carried out on property not owned by the Sponsor, there
are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion
that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance
with the terms thereof.
o
Dated at (0 t (S Aes, this aday of ,19 r}3.
Sponsor's Signature po a Attorney
ra o
PAA Form 5100-37 (10-89) Development or Nonce Program
Page 6 of 9 Pages
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Part II - ACCEPTANCE (continued)
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The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred
to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply
with all of the terms and conditions in this Offer and in the Project Application.
Executed this 0Z/ i day of
Attest:
Title:
v
6/ Ty
199.x.
The City of Rogers, Arkansas
(Name of Sponsor)
By: .r Yves 1,0�
(Sponsor's Designated Officialntative)
Title: M a l 0 C
CERTIFICATE OF SPONSOR'S ATTORNEY
I, b 4.t 1—d.r d , acting as Attorney for the Sponsor do hereby certify:
That in my opinion te Sponsor is empowered to enter into the foregoing Grant Agreement under
the laws of the State of 4 r kA ',Sas Further, I have examined the foregoing Grant Agreement
and the actions taken by said Sponsor relating thereto,' and find that the acceptance thereof by said
Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof
is in all respects due and proper and in accordance with the laws of the said State and the Act. In
addition, for grants involving projects to be carried out on property not owned by the Sponsor, there
are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion
that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance
with the terms thereof.
Dated at /D'• 30 A.m. this Z( day of e' ,199
Si tune Spooso s Attorney
FAA Form 5100-37 (10.89) Development or Noise Program
Page 7 of 9 Pages
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Part II - ACCEPTANCE (continued)
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The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred
to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply
with all of the terms and conditions in this Offer and in the Project Application.
Executed this 2/ ST day of re11i3c7L-0 , 19 qsJ .
(SEAL)
Attest:
Title:
errq Seat.
The City of Siloam Springs, Arkansas
�(Name�of Sponsor)
By: /y/ �.t
(Sponsor's Daip ated Official Reprnenta
Title:
CERTIFICATE OF SPONSOR'S ATTORNEY
I, cJ (A N PtPeE , acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under
the laws of the State of k2/0 -Aft” . Further, I have examined the foregoing Grant Agreement
and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said
Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof
is in all respects due and proper and in accordance with the laws of the said State and the Act. In
addition, for grants involving projects to be carried out on property not owned by the Sponsor, there
are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion
that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance
with the terms thereof.
Dated at 6; 3 0 ?in. this 2 I day of jJ9s-, ,19q3.
FAA Form 5100-37 (10-89) Development or Noise Program
Page 8 of 9 Pages
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Part II - ACCEPTANCE (continued)
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The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred
to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply
with all of the terms and conditions in this Offer and m the Project Application.
Executed this 2 1 r day of Sppi. , 19 93 .
Attest: C`=, v
Title:
The City of Springdale, Arkansas
a. -/as -
(Sponsor's
(Nameamof Sponsor)
//�z
BY: .-/a - yl !?? yY
(Sponsor's Designated Official RepasE
Title: /r/a7
CERTIFICATE OF SPONSOR'S ATTORNEY
I, se 4-4 C • 114 rgcr, acting as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under
the laws of the State of Ar-kgn SA s . Further, I have examined the foregoing Grant Agreement
and the actions taken by said Sponsor relating thereto, and fmd that the acceptance thereof by said
Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof
is in all respects due and proper and in accordance with the laws of the said State and the Act. In
addition, for grants involving projects to be carried out on property not owned by the Sponsor, there
are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion
that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance
with the terms thereof.
Dated at / a Cis ® '" . this Al day of ox . ,19
11
FAA Form 5100-37 (10-89) Development or Noise Program
Page 9 of 9 Pages
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APPLICATION FOR
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APPLICATION FOR
FEDERAL ASSISTANCE
1. WPC a SISWII01a
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DEM Asr.aal No, 01aama1
1. YM tll1NNRM1
September 3, 1993
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PadwM er.ollr 3-05-0021-02-93
l a10414pAT MPa,aafl00
is. Nan
City of Fayetteville
plmisthta NM.
Municipal Government
aas.0 mire fits, an MMt ane w swap
City Hall
113 West Mountain
Fayetteville, AR 72701
l IYM.OfI OIa001G1COa
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tt NPs c entr.Mtd.. 0 Ass
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0. oe.eu Claw Cas ra.anht
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OW aoOle.tolt W" ana soe01
Dale Frederick
501-521-4750
7. Igoe o0 NPLraMT: raw a0s m. •In# J• XI I
S. an N. Irtssersar lord Ola
S. Car!! 1. This Ca+0a0Pd 7aoMMn tImes Leroy
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t 711rllUN 4 7CNCW1
P. 0lnr.wneiot LI Profit Ogantatbr
t Ibssi Marti N. are Iso.nM:
I. Wlrn nai.S .r
Federal Aviation Administration
Fort Worth, Texas 76193-0630
GYW7s ?sus sow* 12 1 lel 1 10 J 6
WILE Airvort Improvement Program (ARP)
IL aiaa i$S is lT MOJICT (eisa. swabIt aralot .R.k
Rogers, Springdale, Fayetteville, Siloam
Springs, Bentonville, Benton County and
Washington Count,
111100011110NOJIC1
sw10.,.
10/1/93
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10/1/94
14 OOManurg.aL_01OMICILOP:
a A.emal.t
Three (3)
1t. 111110111.17ti ITU 00 MP1i*Nr7 Pat] ICY.
'Ib assist the FAA in the prenaration of
an Environmental Impact Statement for a
new regional airport in Northwest
Arkansas
1t
O. Pr¢1
Three (3)
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• IOW Mtn of i rrra.a P anants0w a irtM
Fred Hanna Mayor n
1—
Y allo/.ra��ae�r
4.441an—
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Authorised for Local Reproduction
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1610
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0. oe.eu Claw Cas ra.anht
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OW aoOle.tolt W" ana soe01
Dale Frederick
501-521-4750
7. Igoe o0 NPLraMT: raw a0s m. •In# J• XI I
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t Ibssi Marti N. are Iso.nM:
I. Wlrn nai.S .r
Federal Aviation Administration
Fort Worth, Texas 76193-0630
GYW7s ?sus sow* 12 1 lel 1 10 J 6
WILE Airvort Improvement Program (ARP)
IL aiaa i$S is lT MOJICT (eisa. swabIt aralot .R.k
Rogers, Springdale, Fayetteville, Siloam
Springs, Bentonville, Benton County and
Washington Count,
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sw10.,.
10/1/93
EMYq 0pa
10/1/94
14 OOManurg.aL_01OMICILOP:
a A.emal.t
Three (3)
1t. 111110111.17ti ITU 00 MP1i*Nr7 Pat] ICY.
'Ib assist the FAA in the prenaration of
an Environmental Impact Statement for a
new regional airport in Northwest
Arkansas
1t
O. Pr¢1
Three (3)
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t Feral
657,000.AC
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$ 00
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tun nEarlvl O&M 1ri77 PMOC(SS rca Ievl(w cN
Das
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• IOW Mtn of i rrra.a P anants0w a irtM
Fred Hanna Mayor n
1—
Y allo/.ra��ae�r
4.441an—
Mesa a BOtrtw •MorOW
Authorised for Local Reproduction
eY(POPI w OMB Gait a.tol
•
•
6 •
•
•
APPLICATION FOR
FEDERAL ASSISTANCE
L TPU OP Sialla CIt
train rt 0 Crenxnrn
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September 3, 1993
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3-05-0021-02-93
u,s a'm' City of Rogers
owsmuni Municipal Government
r
arua bre •I4. ern, OM SW 011 aerial
City Administration Building
300 West Poplar Street
Rogers, AR 71756
Si.. eV raaNar lWnbr a OW Wrfan W a Orilla! Ob anon marl
riot ipenat ytw 4I•4 COM)
Maurice Kolman
501-621-1117
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1610 101711191
a Instal aPOLaG TIDAS
12codri
❑ CanWwann ❑ Abram
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Federal Aviation Administration
Fort Worth, Texas 76193-0630
41 10 I6
s
IfittAirport imorovement Program (ASP)
It NUM YNOI= ST POLITIC (van aw.a. 11115a ala.k
Rogers, Springdale, Fayetteville, Siloam
Sorings, Bentonville, Benton County and
Washinaton County
iL P adistao mane
Suri Dan
10/1/93
&dm Oar
10/1/94
to IMNONIIWa.L_9tITa1CTI 912:
. £Uls.at
Three (3)
11, OUCIIaTITI MU OP APW CANTS PCJICT:
To assist the FAA in the preparation of
an• Environmental Impact Statement for a
new regional airport in Northwest
Arkansas
Three (3)
Ia UIIM&TlI mama:
a Faisal
I
m
657,000..
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STATE DIC J7IVE CAN4a 13372 PQCC2U POa AVMs ON
an
a 00. 0 A003•111AY :SNOT COVEN° ST EO. 12322
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730,000.'4
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John W. Saier, Jr.
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Mayor 501-621-1117
a weal tsaara Nn Waw
Authorized for Local Reproduction
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APPLICATION FOR
FEDERAL ASSISTANCE
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3-05-0021-02-93
Leer Pa City of Siloam Springs
cepinameas Municipal Government
AO 'S SIM aMf, SW IMf1, eW u0 sap
City Hall
410 N. Broadway Street
Siloam Springs, AR 72761
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Mark Latham
501-524-5136
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Federal Aviation Administration
Fort Worth, Texas 76193-0630
a wads wesib awn
210 11i 10 1 6
tntL•
Airport Improvement Program (Al?)
1t ASM MUM IT PIGMY Alms. ~WI O111& a¢.k
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Springs, Bentonville, Benton County and
washinaton County
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Three (3)
11. OlOCOON11 TON OP anon nGICT:
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an Environmental Impact Statement for a
new regional airport in Nortlmest
Arkansas
O. MOM
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501-524-5136
Y d•111
'1110e01 w OUS ytww 11.102
•
•
•
•
APPLICATION FOR
FEDERAL ASSISTANCE
I. Prat Or auset ar
a rltellen cremation
Pateraepnprin _D irceco enaert
Ar.taawr Onneratou
DMI etpa.N No, 03tldnla
L ems mune
September 3, 1993
a OATS mOIIYII %t etATS
•
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t Mn tNetlete t? TStruL MINCV
Itlwe110rtW1r
3-05-0021-02-93
Lgal NOWCity of Springdale
CsaeseStrl tns Municipal Government
l ,n1 arnt arty, eeanry. ,rn. rq to waft
City Hall
201 Spring Street
Springdale, AR 72764
Arm w Vine weer el as pram. M aese re0 en male heft
tie et,saten 4'r. NW IXIJ
a unman OtMlaeAn00
7
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aedeNlt. arts sosapWe %nem r srug: 0 0
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O. Ono Deafen Oua' AuseteL
Charles McKinney
501-750-8114
r, wet d a tlaNT: WW eooreptar leer M cal
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I. CeAarh 1. Iter Catwtet ateewrr r Wawa Lang
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t anraaI l raMerr
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t. NNW Oa Nal ASIAN
Federal Aviation Administration
Fort worth, Texas 76193-0630
K 4%TAL00 00N{Ir 4 llabe
1210lit 11016
ins Airport Improvement Program (AIP)
IL AIWA ARIOTSS la MOJUR ant ernst arab.. roe
Rogers, Springdale, Fayetteville, Siloam
Springs, Bentonville, Benton County and
Washington County
L rto.ate.ter
OWI On EMkII Or.
10/1/93 10/1/94
1A. arelal SOP eL OMO et
. etreaAl
Three (3)
11, nteal.mt MA O, Arsrewr1.c act
To assist the FAA in the preparation of
an Environmental Impact Statement for a
new regional airport in Northwest
Arkansas
•
e. Pelee
Three (3)
It ssnr ne ONION:
a.
Fetal
t
657,000Ao
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t
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13,000.
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as
60,000.
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e TIN TAN
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1. ISO MINN
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t
730,000.'
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,❑ t. 1 a 1sa' .IUM M ndeNlen.
tia
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a1RWO0199911?M Owtw o .00'r Now Amor AM 1111 asCANT Ina cors? ORM nN a tmc.n sunarcta W tMt AtrsMMI ql Painter
T ,rte renew
1
-750-8114
Nan e. teat Na.1 aerewe a eleratnuuw I t tea
Charles N. McKinney Mayor
Kannr Arawa.e wtw.rwvn
•
Ciadow-A 41(44,7
Nonto Whirl
Authorized for Local Reproduction
INV 4411
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16101115
181101
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aedeNlt. arts sosapWe %nem r srug: 0 0
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Charles McKinney
501-750-8114
r, wet d a tlaNT: WW eooreptar leer M cal
A. an N. bandwoI WS ort
I. CeAarh 1. Iter Catwtet ateewrr r Wawa Lang
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t anraaI l raMerr
P. rn.. tlV u Og.N.Om
t Omit Ohukt N. Cur II. S4
t. NNW Oa Nal ASIAN
Federal Aviation Administration
Fort worth, Texas 76193-0630
K 4%TAL00 00N{Ir 4 llabe
1210lit 11016
ins Airport Improvement Program (AIP)
IL AIWA ARIOTSS la MOJUR ant ernst arab.. roe
Rogers, Springdale, Fayetteville, Siloam
Springs, Bentonville, Benton County and
Washington County
L rto.ate.ter
OWI On EMkII Or.
10/1/93 10/1/94
1A. arelal SOP eL OMO et
. etreaAl
Three (3)
11, nteal.mt MA O, Arsrewr1.c act
To assist the FAA in the preparation of
an Environmental Impact Statement for a
new regional airport in Northwest
Arkansas
•
e. Pelee
Three (3)
It ssnr ne ONION:
a.
Fetal
t
657,000Ao
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13,000.
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as
60,000.
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e TIN TAN
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1. ISO MINN
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t
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,❑ t. 1 a 1sa' .IUM M ndeNlen.
tia
N.
IL TO ITN lar a ITT Oreet nn Ano SWIM. ALL OATH. net MRCAINWPWI PUNOOt AM nut ANC CONIC?, IN WINOW T pet Slit tole
a1RWO0199911?M Owtw o .00'r Now Amor AM 1111 asCANT Ina cors? ORM nN a tmc.n sunarcta W tMt AtrsMMI ql Painter
T ,rte renew
1
-750-8114
Nan e. teat Na.1 aerewe a eleratnuuw I t tea
Charles N. McKinney Mayor
Kannr Arawa.e wtw.rwvn
•
Ciadow-A 41(44,7
Nonto Whirl
Authorized for Local Reproduction
INV 4411
Oreeeri.a WOW Cots., A.102
•
•
DEPARTMENT OF TR/NSPORTATION • FEDERAL AVIATION ADMINISTRATION
PART II
PROJECT APPROVAL INFORMATION
•
OM3 NO. son• o ,n
Item 1.
Does this assistance request require State, local,
regional, or other priority rating?
Yes X
No
Name of Governing Body
Priority Rating
Item 2.
Does this assistance request require State, or local
advisory, educational or health clearances?
Nome of Agency or
Board
Yes X No (Attach Documentation)
Item 3.
Does this assistance request require clearinghouse
review in accordance with OMB Circular A-95?
X Yes No
(Attach Comments)
Item 4.
Does this assistance request require State, local,
regional or other planning approval?
Yes
X
No
Name of Approving Agency
Date
Item 5.
Is the proposed project covered by an app•oved compre- Check one: State
hen sive plan? Local
Regional
Yes X No Locotion al Plan
Item 6.
Will the assistance requested serve o Federal
installation? Yes X No Federal Populotion benefiting from Protect
Nome of Federal Installation
Item 7.
Will the assistance requested be on Federal land or Nome of Federal Installation
installation? X Locotion of Federal Land
Yes No Percent of Project
Item B.
Will the assistance requested hove an impact or effect See instructions for additional information to be
on the environment? provided.
Yes X No
Item 9. Number of:
Will the assistance requested cause the displacement Individuals
of individuals, families, businesses, or farms? Families
Businesses
Yes X No Forms
Item 10.
Is there other related assistance on this project previous, See instructions for additional information to be
pending, or anticipated? provided.
Yes
No
FAA Fenn 5100.101 (1.73) SUPERSEDE: FAA PORN ssto-t ANO E+al
Pepe 2
•
•
•
•
•
o..• •.o •4 w...,
DEPARTMENT OF TRANSPORTATION- FEDERAL AVIATION ADMINISTRATION
•
•
•
•
R
•
PART III - BUDGET INFORMATION
SECTION A — BUDGET SUMMARY
•
e
3
m
•
•
••
a
•
1
IS 730,000
c 730,000
SECTION B — BUDGET CATEGORIES
.—I
CA
LO
30,839
S 730,000
•
•
f
2
s 73,000
s 73,000
•
F
E
p
__
N
N
wan refill altar -poi IS-lll SU.(r11(D(S IAA FOAM 5111:1L 1 AND 11120 1 1
IIP
4 _
•V
S 657,000
S 657,000
N
N
Z
W
e
•ea
i
:I
y
1
N
N
N
N
•
•
J
•
e
F
W
•
•
W
_
N
M
-,
F~
VD
N
01
W
30,839 I
S 730,000 1
M
Ce,ol.p Ne.
111
20.106
S. TOTALS
6. Object Class Categories
£c
§
-
a
4
N
24 e
a:
4
YI
x
•
Y
an
Y
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Program Narrative
Program Objectives
The objective of this study is the preparation of an environmental impact statement
to determine the environmental impact of a proposed new airport in Northwest
Arkansas.
• To identify the various impacts that will result from the development of
alternative sites for a proposed new airport in Northwest Arkansas which will
lead to an informed decision concerning airport development.
• To identify a site for a future regional airport in Northwest Arkansas that
meets the requirements of the Federal Aviation Administration and the
Northwest Arkansas Regional Airport Authority for the immediate and
twenty-year time frames.
Approach to Project
The accomplishment of the Environmental Impact Statement shall be directed
through the implementation of a program of services described in the following
pages of this document. The program of services generally conforms to the phases
and elements of work summarized in FAA Order 5050.4.
Timing of Project
It is anticipated that approximately twelve (12) months, including review time
requirements, will be required to complete the program described herein,
commencing upon receipt of notice to proceed.
PART V
ASSURANCES
AIRPORT SPONSORS
A. GENERAL
1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning,
and noise compatibility program grants to airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the
provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity
Expansion Act of 1987, or the Aviation Safety and Noise Abatement Act of 1979. As used herein, the term public agency
sponsor means a public agency with control of a public -use airport; the term private sponsor owner of a public -use airport; and
the term sponsor includes public sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances arc incorporated in and become part of the grant
agreement.
B. DURATION AND APPLICABILITY.
Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms.
conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities
developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful
life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed
twenty (20) years front the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no
limit on the duration of the assurance against exclusive rights or the terms, conditions, and assurances with respect to real
property acquired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be as specified in the
assurance.
2. Airport Development or Noise Compatibility Program Projects Undertaken by a Private Sponsor. The preceding paragraph I
also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of
facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no
less than 10 years from the date of the acceptance of Federal aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2. 3, 5, 6.
13. 18. 30, 32, 33, 34, and 36 in Section C apply to planning projects. The terms, conditions, and assurances of the grant
agreement shall remain in full force and effect during the life of the project.
C. SPONSOR CERTIFICATION. The sponsor hereby assures and certifies, with respect to this grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies.
guidelines and requirements as they relate to the application, acceptance and use of Federal funds for this project including but
not limited to the following:
Federal Legislation
a. Federal Aviation Act of 1958-49 U.S.C. 1301, et sen.
b. Davis -Bacon Act - 40 U.S.C 276(a), et seq1
c. Federal Fair Labor Standards Act of 1938-29 U.S.C. 201, et M.
d. Hatch Act -S 5 U.S.C. 1501. et s&
C. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.42 U.S.C. 4601. et seq2 °'
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 4;9 through 469C.'
h. Flood Disaster Protection Act of 1973 - Section 1022a) - 42 U.S.C 4012a.'
i. Rehabilitation Act of 1973 - 29 U.S.C. 794.
j. Civil Rights Act of 1964 - Title VI - 42 U.S.C 2000d through d-4.
k. Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C 2101. et seq.
I. Age Discrimination Act of 1975-42 U.S.C 6101, et seq.
m. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et seal
n. Airport and Airway Improvement Act of 1982, as amended - 49 L.S.C. 2201, et sec.
o. Powerplant and Industrial Fuel Use Act of 1978 - Section 403 - 2 U'.S.C. 8373
p. Contract Work l lours and Safety Standards Act - 40 U.S.C. 327, et s___ce t
q. Copeland Amikickback Act - 18 U.S.C. 8741
r. Nat;onal Environmental Policy Act of 1969 - 42 U.S.C 4321, et '
s. Endangered Species Act - 16 U.S.C 668(a),s! 591
t. Single Audit Act of 1984 - 31 U.S.C 7501, et se9..
u. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Airport Assurances (10-89, As amended) Page 1 of 10 A -A-1
Executive Orders.
Executive Order 12372 - Inlcrgovcmmental Review of Federal Programs
Executive Order 11246 - Equal Employment Opportunityt
Federal Regulations.
a. 49 CFR Pan 18 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments?
b. 49 CFR Pan 20 - Restrictions or Lobbying.
c. 49 CFR Part 21 - Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation
of Title VI of the Civil Rights Act of 1964.
d. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs.
e. 49 CFR Pan 24 - Uniform Relocation Assistance and Real Property Acquisition Regulation for Federal and Federally
assisted Programs2 and 2
f. 49 CFR Part 27 - Non -Discrimination on the Basis of Handicap in Programs and Activities Receiving or Beneficing from
Federal Financial Assistance.
g. 49 CFR Part 29 - Debarments Suspensions and Voluntary Exclusions.
h. 49 CFR Part 30 - Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny
Procurement Market Access to U.S. Contractors.
i. 29 CFR Part I - Procedures for Predetermination of Wage Rates)
j. 29 CFR Part 3 - Contractors or Subcontractors on Public Buildings or Public Works Financed in Whole or Pan by Loans
or Grants from U.S.
k. 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction 2
1. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor (Federal and Federally -assisted Contracting Requirements).'
m. 14 CFR Part 150 - Airport Noise Compatibility Planning.
Office of Management and Budget Gtcnlars (OMB).
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments?
b. A-128 - Audits of State and Local Governments?
1 These laws do not apply to airport planning sponsors.
2These laws do not apply to private sponsors.
349 CFR Part 18 and OMB Circular A-87 contain requirements for State and local governments receiving Federal
assistance. Any requirement levied upon State and local governments by this regulation and circular shall also be
applicable to private sponsors receiving Federal assistance under the Airport and Airway Improvement Act of 1982, as
amended.
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated
by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor. It has legal authority to apply for the grant, and to finance and carry out the proposed project;
that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing
body authorizing the filing of the application, including all understandings and assurances contained therein, and directing
and authorizing the person identified as the official representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
b. Private Sponsor It has legal authority to apply for the grant and to finance and carry out the proposed project and
comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and
shall in writing direct and authorize that person to file this application, including all understandings and assurances
contained therein; to act in connection with the application; and to provide such additional information as may be
required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the
United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant
agreement which it will own or control.
4. Good Title.
a. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof. or will give assurance
satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory
to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the
Secretary that good title will be obtained.
Airport Assurances (10-89, As amended) Page 2 oF 10 A -A-
5. Preserving Rights and Powers.
a. At will not lake or permit any action which would operate to deprive it of any of the rights and powers necessary to
perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the
Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which
would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
b. It will not sell, lease, encumber or otherwise transfer or dispose of any part of its title or other interests in the property
shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon
which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement
without approval by the Secretary. If the transferee is found by the Secretary to be eligible under the Airport and Airway
Improvement Act of 1982 to assume the obligations of the grant agreement and to have the power, authority, and financial
resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of
the sponsor's interest, and make binding upon the transferee, all of the teens, conditions, and assurances contained in this
grant agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of local government or arc on
property owned by a unit of local government other than the sponsor, it will enter into an agreement with that
government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same
terms. conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake
the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It
will take steps to enforce this agreement against the local government ii there is substantial noncompliance with the terms
of the agreement.
d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement
with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this
agreement against the property owner whenever there is substantial noncompliance with the terms of the agreement.
e. If the sponsor is a private sponsor. it will take steps satisfactory to the Secretary to ensure that the airport will continue to
function as a public -use airport in accordance with these assurances for the duration of these assurances.
f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor
or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be
operated and maintained in accordance with the Airport and Airway Improvement Act of 1982, the regulations and the
terms, conditions and assurances in the grant agreement and shall ensure that such arrangement also requires compliance
therewith.
6. Consistency with Local Plato. The project is reasonably consistent with plans (existing at the time of submission of this
application) of public agencies that are authorized by the state in which the project is located to plan for the development of
the area surrounding the airport. For noise compatibility program projects, other than land acquisition, to be carried out on
property not owned by the airport and over which property another public agency has land use control or authority, the
sponsor shall obtain from each such agency a written declaration that such agency supports that project and the project is
reasonably consistent with the agency's plans regarding the property.
7. Consideration of Iaal Interest It has given fair consideration to the interest of communities in or near which the project may
be located.
& Consultation with Users. In making a decision to undertake any airport development project under the Airport and Airway
Improvement Act of 1982, it has undertaken reasonable consultations with affected parties using the airport at which the
project is proposed.
9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has
afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of
the airport or runway location and its consistency with the goals and objectives of such planning as has been carried out by the
community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary.
Further, for such projects, it has on its management board either voting representation from the communities where the
project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed
project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will
provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will
be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case
where such standards have not been approved and where applicable air and water quality standards have been promulgated by
the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of
certification or refusal to certify shall be provided within sixty days after the project application has been received by the
Secretary.
Airport Assurances (10-89. As amended) age 3 of 10 A -A.
11. Local Approval. In projects involving the construction or extension of any runway at any general aviation airport located
astride a line separating two counties within a single state, it has received approval for the project from the governing body of
all villages incorporated under the laws of that state which arc located entirely within five miles of the nearest boundary of the
airport.
12. Terminal Development Prerequisites. For projects which include terminal development at a public airport, it has, on the date
of submittal of the project grant application, all the safety equipment required for certification of such airport under
Section 612 of the Federal Aviation Act of 1958 and all the security equipment required by rule or regulation. and has
provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning from
aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Recordkeeping Requirements
a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the
proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount
and nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent
to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an
effective audit in accordance with the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized
representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that
are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case
in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant
or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit
with the Comptroller General of the United States not later than 6 months following the close of the fiscal year for which
the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant
agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of
Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a --276a-5), which contractors shall pay to skilled
and unskilled labor, and such minimum rates shall be stated in the imitation for bids and shall be included in proposals or bids
for the work.
15. Veterans Preference It shall include, in all contracts for work on any projects funded under the grant agreement which
involve labor, such -provisions as are necessary to ensure that, in the employment of labor (except in executive, administrative,
and supervisory positions), preference shall be given to veterans of the Vietnam era and disabled veterans as defined in
Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only
where the individuals are available and qualified to perform the work to which the employment relates,
16. Conformity to Plans and Spedfntioas It will execute the project subject to plans, specifications, and schedules approved by
the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site
preparation, construction, or other performance under this grant agreement, and, upon approval by the Secretary, shall be
incorporated into this grant agreement. Any modifications to the approved plans, specifications, and schedules shall also be
subject to approval by the Secretary and incorporation into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site
throughout the project to assure that the work conforms with the plans, specifications, and schedules approved by the Secretary
for the project. It shall subject the construction work on any project contained in an approved project application to inspection
and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the
Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such
project as the Secretary shall deem necessary.
18. Planning Projects In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project application or with
modifications similarly approved.
b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work
activities.
c. It will include in all published material prepared in connection with the planning project a notice that the material was
prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material prepared with funds under
this project shall be subject to copyright in the United States or any other country.
Airport Assurances , As amended) Page 4 of 10 MW -PP -A-1
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material
prepared in connection with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their
subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of
professional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning
material developed as part of this grant does not constitute or imply any assurance or commitment on the pan of the
Secretary to approve any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to
climatic and flood conditions. Any proposal to temporarily close the airport for nonaeronautical purposes must first be
approved by the Secretary. The airport and all facilities which are necessary to serve the aeronautical users of the airport.
other than facilities owned or controlled by the United States, shall be operated at all times in a safe and sericeable
condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal. state.
and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would
interfere with its use for airport purposes.
In furtherance of this assurance, the sponsor will have in effect at all times arrangements for —
(1) Operating the airport's aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions: and
(3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary
periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing
herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility
which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control
of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds
have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect
instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and
protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by
preventing the establishment or creation of future airport hazards.
21. Compatible land Use It will take appropriate action, including the adoption of zoning laws, to the extent reasonable, to
restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal
airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program
implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce the compatibility,
with respect to the airport. of the noise compatibility program measures upon which Federal funds have been expended.
22 Economic Nondiscrimination
a. It will make its airport available as an airport for public -use on fair and reasonable terms and without unjust
discrimination, to all types, kinds, and classes of aeronautical uses.
b. In any agreement, contract, lease or other arrangement under which a right or privilege at the airport is granted to any
person, firm, or corporation to conduct or engage in any aeronautical activity for furnishing services to the public at the
airport, the sponsor will insert and enforce provisions requiring the contractor to —
(1) furnish said services on a fair, equal, and not unjustly discriminatory basis to all users thereof, and
(2) charge fair, reasonable, and not unjustly discriminatory prices for each unit or service, provided, that the contractor
may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price
reductions to volume purchasers.
Airport Assurances (10-89, As amended) age 5 of 10 A -A-1
c. Each fixed -based operator at any airport owned by the sponsor shall be subject to the same rates. fees, rentals, and other
charges as arc uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is
authorized or permitted by the airport to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be
subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other
charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all
such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable
classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as
tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such classifications or status.
I It will not exercise or grant any right or privilege which operates to prevent any person, firm. or corporation operating
aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited
to maintenance, repair. and fueling) that it may choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved
will be provided on the same conditions as would apply to the furnishing of such services by contractors or concessionaires
of the sponsor under these provisions.
h. The sponsor may establish such fair, equal, and not unjustly discriminatory conditions to be met by all users of the airport
as may be necessary for the safe and efficient operation of the airport.
i. The sponsor may prohibit or limit any given type. kind, or class of aeronautical use of the airport if such action is
necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any persons providing, or intending to provide.
aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single
fixed -based operator shall not be construed as an exclusive right if both of the following apply'.
a. It would be unreasonably costly, burdensome, or impractical for more than one fired -based operator to provide such
services, and
b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased
pursuant to an existing agreement between such single fixed -based operator and such airport.
It further agrees that it will not, either directly or indirectly, grant or permit any person, firm or corporation the exclusive right
at the airport, or at any other airport now owned or controlled by it, to conduct any aeronautical activities, including, but not
limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting. aerial advertising and
surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in
conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts. and any other activities
which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it
will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any
assistance under the Airport and Airway Improvement Act of 1982.
24. Fee and Rental Structure. It will maintain a fee and rental structure consistent with Assurances 22 and 23, for the facilities
and services being provided the airport users which will make the airport as self-sustaining as possible under the circumstances
existing at that particular airport, taking into account such factors as the volume of traffic and economy of collection. No pan
of the Federal share of an airport development, airport planning, or noise compatibility project for which a grant is made
under the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act
of 1970 shall be included in the rate base in establishing fees, rates, and charges for users of that airport.
25. Airport Revenue. If the airport is under the control of a public agency, all revenues generated by the airport and any local
taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the
airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport
and directly and substantially related to the actual air transportation of passengers or property, or for noise mitigation
purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September
3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982. in governing statutes
controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's
facilities, including the airport, to support not only the airport but also the airport owner or operators general debt obligations
or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport,
local taxes on aviation fuel) shall not apply.
Airport Assurances (10-89, As amended) age 6 of 10 A -A-1
26. Reports and Inspections It will submit to the Secretary such annual or special financial and operations reports as the
Secretary may reasonably request. A report of the airport budget will be available to the public at reasonable times and
places. For airport development projects, it will also make the airport and all airport records and documents affecting the
airport, including deeds, leases. operation and use agreements, regulations and other instruments, available for inspection by
any duly authorized agent of the Secretary upon reasonable request. For noise compatibility program projects, it will also
make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of
the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any
duly authorized agent of the Secretary upon reasonable request.
27. Use of Government Aircraft It will make available all of the facilities of the airport developed with Federal financial
assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in
common with other aircraft at all times without charge, except. if the use by Government aircraft is substantial, charge may be
made for a reasonable share, proportional to such use. for the cost of operating and maintaining the facilities used. Unless
otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an
airport by government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the
opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any
calendar month that —
a. Five (5) or more government aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of government aircraft is 300 or more, or the
gross accumulative weight of government aircraft using the airport (the total movements of government aircraft multiplied
by gross weights of such aircraft) is in excess of five million pounds.
28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic
control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of
land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for
construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any
portion thereof will be made available as provided herein within four months after receipt of a written request from the
Secretary.
29. Airport Layout Flan.
It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all
proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor (or
airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities
and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed
extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas
and of all existing improvements thereon. Such airport layout plan and each amendment, revision, or modification
thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly
authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any
changes or alterations in the airport or in any of its facilities which are not in conformity with the airport layout plan as
approved by the Secretary and which might. in the opinion of the Secretary, adversely affect the safety. utility, or efficiency
of the airport.
b. If a change or alteration in the airport or its facilities is made which the Secretary determines adversely affects the safety.
utility, or efficiency of any Federally owned, leased, or funded property on or off the airport and which is not in
conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested by the
Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such
property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or
replacement thereof) to the level of safety. utility. efficiency, and cost of operation existing before the unapproved change
in the airport or its facilities.
30. Civil Rights. It will comply with such rules as an promulgated to assure that no person shall, on the grounds of rare, creed.
color, national origin, sex, age. or handicap be excluded from participating in any activity conducted with or benefiting from
funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is
extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real
property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any
transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which
Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the
period during which the sponsor retains ownership or possession of the property.
Airport Assurances , As amended) age 1 of 10 A - -A-1
-
a
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will, when the land is no longer needed for
such purposes. dispose of such land at fair market value at the earliest practicable time. That portion of the proceeds of
such disposition which is proportionate to the United States share of the cost acquisition of such land will, at the
discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund or (2) be reinvested in an approved
noise compatibility project as prescribed by the Secretary.
b. (1) For land purchased under a grant for airport development (other than noise compatibility) purposes, it will, when the
land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the
Secretary an amount equal to the United States proportionate share of the fair market value of the land. That
portion of the proceeds of such disposition which is proportionate to the United States share of the cost of
acquisition of such land, will, (a) upon application to the Secretary, be reinvested in another eligible airport
improvement project or projects approved by the Secretary at that airport or within the national airport system, or
(b) be paid to the Secretary for deposit in the Trust Fund if no such eligible project exists.
(2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for
aeronautical purposes (including runway protection zone) or serves as noise buffer land. and (b) the revenue from
interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a
grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport
purposes if the Secretary or the Federal agency making such grant before December 1, 1987. was notified by the
operator or owner of the use of such land, did not object to such use, and the land continues to be used for that
purpose, such use having commenced not later than December 15, 1989.
c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein
necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with
the operation of the airport.
32. Engineering and Design Services It will award each contract, or subcontract for program management. construction
management, planning studies, feasibility studies, architectural services, preliminary engineering. design. engineering, surveying,
mapping, or related services with respect to the project in the same manner as a contract for architectural and engineering
services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent
qualifications -based requirement prescribed for or by the sponsor of the airport.
33. Foreign Market Restriction. It will not allow funds provided under this grant to be used to fund any project which uses any
product or service of a foreign country during the period in which each foreign country is listed by the United States Trade
Representative as denying fair and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications
approved by the Secretary including but not limited to the advisory circulars listed in the 'Current FAA Advisory Circulars for
AIP Projects," dated November 27, 1992, and included in this grant, and in accordance with applicable state policies, standards,
and specifications approved by the Secretary.
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable
under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners
for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services
described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in
Subparts D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement
comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Pan 24.
36. Drug -Free Workplace It will provide a drug -free workplace at the site of work specified in the grant application in accordance
with 49 CFR Part 29 by (1) publishing a statement notifying its employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the sponsor's workplace and specifying the actions that
will be taken against its employees for violation of such prohibition: (2) establishing a drug -free awareness program to inform
its employees about the dangers of drug abuse in the workplace and any available drug counseling, rehabilitation, and
employees assistance programs: (3) notifying the FAA within ten days after receiving notice of an employee criminal drug
statute conviction for a violation occurring in the workplace: and (4) making a good faith effort to maintain a drug -free
workplace.
Airport Assurances (10-89 As amended) age 8 of 10 - -A-1
[frIJtttlIISVsY&V.!Il'AfaJt%alauim'w3 teat I' ' ; a l -MK
Effective Date: November 27, 1992
NUMBER SUB1ECf
70/7460-1G
Obstruction Marking and Lighting
150/5100-148
Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects
CHG 1
150/5200-30
Airport Winter Safety and Operations
CHG1&2
150/5210-58
Painting, Marking and Lighting of Vehicles Used on an Airport
150/5210-78
Aircraft Fire and Rescue Communications
150/5210-14
Airport Fire and Rescue Personnel Protective Clothing
150/5210-15
Airport Rescue and Firefighting Station Building Design
150/5220-4A
Water Supply Systems for Aircraft Fire and Rescue Protection
150/5220-10
Guide Specification for Water/Foam Type Aircraft Fire and Rescue Trucks
CI -1G1&2
150/5220-11
Airport Snowblower Specification Guide
150/5220-12
Airport Snowsweeper Specification Guide
150/5220-13A
Runway Surface Condition Sensor Specification Guide
150/5220-14A
Airport Fire and Rescue Vehicle Specification Guide
150/5220-15
Buildings for Storage and Maintenance of Airport Snow Removal and Ice Control Equipment: A Guide
150/5220-16
Automated Weather Observing Systems for Non -Federal Applications
150/5220-17
Design Standards for Aircraft Rescue Fire -fighting Training Facilities
150/5300-13
Airport Design
150/5320-SB
Airport Drainage
150/5320-6C
Airport Pavement Design and Evaluation
CHG1&2
150/5320-12A
Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
150/5320-14
Airport Landscaping for Noise Control Purposes
150/53254A
Runway length Requirements for Airport Design
CHG 1
150/5340 -IF
Marking of Paved Areas on Airports
150/5340-4C
Installation Details for Runway Centerline Touchdown Zone Lighting Systems
CHG 1&2
150/5340-SB
Segmented Circle Airport Marker System
CHG I
150/5340.148
Economy Approach Lighting Aids
CHG1&2
150/5340-17B
Standby Power for Non -FAA Airport Lighting Systems
150/5340-18C
Standards for Airport Sign Systems
150/5340-19
Taxiway Centerline Lighting System
150/5340-21
Airport Miscellaneous Lighting Visual Aids
150/5340-23B
Supplemental Wind Cones
150/5340-24
Runway and Taxiway Edge Lighting System
CHG 1
150/5340-27A
Air -To -Ground Radio Control of Airport Lighting Systems
150/5345-3D
Specification for L-821 Panels for Remote Control of Airport Lighting
150/5345-5A
Circuit Selector Switch
150/5315.7D
Specification for L -S24 Underground Electrical Cable for Airport Lighting Circuits
Cl-IC!
150/5345-10E
Specification for Constant Current Regulators Regulator Monitors
150/5345-12C
Specification for Airport and Heliport Beacon
150/5345-13A
Specification for L441 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits
150/5345-26B
Specifications for L-823 Plug and Receptacle, Cable Connectors
CHGI&2
150/5345-27C
Specification for Wind Ct.rec Assemblies
150/5345-28D
Precision Approach Path Indicator (PAP!) Systems
150/5345-39B
FAA Specification L-853, Runway and Taxiway Centerline Retroflective Markers
CHG 1
150/534542C
Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories
150/534543D
Specification for Obstruction Lighting Equipment
150/534544D
Specification for Taxway and Runway Signs
150/534545A
Lightweight Approach Light Structure
150/534546A
Specification for Runway and Taxiway Light Fixtures
150/534547A
Isolation Transformers for Airport Lighting Systems
150/534549A
Specification L-854. Radio Control Equipment
Airport Assurances (10-89, amended) Page 9 oF 10 -A-1
CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS
(Continued)
NUMBER SUWEC1'
150/5345 -SO
Specification for Portable Runway Lights
Cl-m1
150/5345-51
Specification for Discharge -Type Flasher Equipment
CHG I
150/5345-52
Gcncric Visual Glideslope Indicators (GVGI)
150/5360-9
Planning and Design of Airport Terminal Facilities at Non -Hub Locations
150/5360-12
Airport Signing and Graphics
150/5360-13
Planning and Design Guidance for Airport Terminal Facilities at Non -Hub Locations
150/5370-2C
Operational Safety on Airports During Construction
150/5370-6D
Construction Progress and Inspection Report -Airport Grant Program
150/5370-10A
Standards for Specifying Construction of Airports
150/5370-11
Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements
CHG I
150/5370-12
Quality Control of Construction for Airport Grant Projects
150/5390-2
Heliport Design
150/5390-3
Vertiport Design
Airport Assurances 1 , As amended) Page 10 of 10 A -A-1
.
OF UNDERSTANDING
THE UNITED STATES FEDERAL AVIATION ADMINISTRATION
AND
THE NORTHWEST ARKANSAS REGIONAL AIRPORT AUTHORITY
THE CITY OF BENTONVILLE
THE CITY OF FAYETTEVILLE
THE CITY OF ROGERS
THE CITY OF SILOAM SPRINGS
AND THE CITY OF SPRINGDALE
I. Introduction and Purpose
The Federal Aviation Administration (FAA) will prepare an
Environmental impact Statement (EIS) for a proposed air carrier
airport in the Northwest Arkansas Region which would replace
commercial service at Drake Field. The primary components of the
proposed action would consist of the following items: (1) Land
acquisition; (2) 8,800 -feet by 150 -feet runway with high intensity
runway lights, medium intensity approach lighting system and
approach light system with sequence flasher; (3) 8,800 -feet by 75 -
feet parallel taxiway with high intensity taxiway lights; (4)
instrument landing system for both ends of the runway (to include
localizer, glide slope, and middle and outer markers); (5) terminal
building with associated motor vehicle parking and support
facilities; (6) terminal area ramp paving; (7) air traffic control
tower; and (8) airport access road.
The City of Bentonville, the City of Fayetteville, the City of
Rogers, the City of Siloam Springs, and the City of Springdale
("Cities"), as sponsors of municipal airports, as parties signatory
to the Northwest Arkansas Regional Airport Authority Agreement, and
as participating members of the Northwest Arkansas Regional Airport
Authority, have joined cooperatively with the Northwest Arkansas
II
Regional Airport Authority as Co -Sponsors in the making of an
application for Federal grant funds to assist the FAA in the
preparation of an Environmental Impact Statement for a new regional
airport in Northwest Arkansas. The Cities do hereby designate the
Northwest Arkansas Regional Airport Authority ("NWARAA") as the
Lead Sponsor for the purposes of compliance with this Memorandum of
Understanding and all grant assurances, and the administration of
the grant, if awarded and accepted.
As the lead agency, the FAA will select an independent
contractor to prepare the EIS. The NWARAA ("Lead Sponsor") shall
be the party responsible for engaging and retaining a contractor
with funds provided by the Lead Sponsor, subject to ninety percent
(90%) reimbursement by the FAA. The EIS and any related documents
shall comply with the provisions of the National Environmental
Policy Act of 1969 (NEPA) and appropriate Council on Environmental
Quality (CEQ), United States Department of Transportation (DOT),
and the United States Federal Aviation Administration (FAA)
regulations and guidance related to NEPA, as well as all other
applicable local, state and Federal laws, as appropriate.
It is the purpose of this Memorandum of Understanding (MOU) to
establish an understanding between the Lead Sponsor, the Co -
Sponsors, and the FAA regarding the responsibilities of the parties
and the conditions and procedures to be followed in the development
and preparation of the EIS.
The parties hereto intend that development and preparation of
the EIS as provided in this MOU will, to the extent possible,
satisfy the pertinent environmental requirements of the FAA.
II. General Provisions
A. The FAA shall be the lead agency and will be responsible
for assuring compliance with all the requirements of the NEPA (42
2
.
U.S.C. 4321 et sect.), CEQ Regulations (40 C.F.R. Parts 1500-1508),
and appropriate DOT and FAA environmental orders. The FAA shall
assure that all pertinent environmental issues and impacts, and
reasonable alternatives and their impacts are treated in the EIS,
and shall be responsible for the scope and content of the EIS.
B. The Lead Sponsor will, subject to internal Co -Sponsor
review/approval processes, engage and retain, at its cost, subject
to ninety percent (90%) reimbursement by the FAA, an independent
contractor ("Contractor"), selected by the FAA, for the preparation
of the EIS. The Contractor, with the approval of the FAA and the
Lead Sponsor, may employ such other contractors and experts
(collectively referred to as "Subcontractors"), as are required for
the adequate development and preparation of the EIS.
C. The Contractor will provide, through its staff or by
Subcontractor, the expertise, staffing, and technical capabilities
required for the preparation of the EIS. The FAA will determine
the scope of the EIS and will independently evaluate all
information, environmental data and analyses submitted by the
Contractor or others, and revise or cause additional study and
analyses to be performed as necessary.
D. The Contracts between the Lead Sponsor and Contractor and
between the Contractor and Subcontractors (collectively the
"Contract") shall be consistent with the provisions of this MOU and
shall specifically incorporate those provisions herein which
address the conduct of the Contractor. The Contract shall provide,
and the Lead Sponsor hereby represents consistent with FAA Order
5050.4A, Paragraph 76(g), that at the time of executing the
Contract, the Lead Sponsor does not have an existing agreement and
during the lifetime of the EIS preparation will not enter into any
agreement, affording the Contractor and any Subcontractors with any
direct or indirect financial interest in the planning, design,
construction or operation of the Project except with regard to the
3
preparation of the EIS. Further, the Lead Sponsor shall ensure
that the Contract shall specifically limit any remedies available
to the Contractor and any Subcontractors, so as to affirmatively
relieve the United States of America, the FAA, the Co -Sponsors, or
any officer, agent or employee of the same, from any liability
arising out of the performance or termination of the contract for
preparation of an EIS on the Project, or out of this MOU.
(1) The Contractor and any Subcontractors shall sign a
"Disclosure Statement" provided by the FAA per the requirements of
FAA Order 5050.4A, specifying they have no direct or indirect
financial or other interest in the outcome of the project.
(2) The FAA shall evaluate the Disclosure Statement
prior to its approval.
E. The Lead Sponsor shall coordinate the exchange of
information related to the planning, design, and construction of
the project, as these activities relate to the preparation of the
EIS, among and between the Contractor and its Subcontractors, if
any, and the FAA. The Lead Sponsor shall make all reasonable
efforts to assure the satisfactory and timely performance of the
duties of the Contractor as specified in this MOU.
F. The Lead Sponsor and the FAA shall:
(1) Appoint such representatives as each deems necessary
to accomplish the coordination necessary for the satisfactory
preparation of the EIS. Notice to any such representative shall
constitute notice to that party.
(2) Review substantive phases of preparation of the EIS.
(3) Have their appointed representatives attend meetings
with other federal, state, regional, and local agencies for the
L
•
purpose of increasing communications and receiving comments, as the
same may be necessary, desirable, or required by law in preparation
of the EIS.
G. All cost incurred in connection with the Lead Sponsor's
employment of the Contractor and the Contractor's employment of any
and all Subcontractors, or other persons retained or employed by
the Lead Sponsor, shall be the sole responsibility of the Lead
Sponsor, subject to reimbursement by the FAA, and the Lead Sponsor
agrees to hold harmless and indemnify the FAA and the Co -Sponsors,
their officers, agents, and employees, with respect to any and all
judgements or settlements arising from claims, demands, causes of
action, and the like, in connection with the Lead Sponsor's
employment of the Contractor and the Contractor's employment of any
and all Subcontractors which may arise from the termination or
performance of the Contract or any other services, or purchase of
materials contracted for by the Lead Sponsor, Lead Sponsor's
Contractor or such Contractor's Subcontractors utilized for the
development and preparation of the EIS, or from termination of this
MOU. This indemnification by the Lead Sponsor does not extend to
administrative or legal costs of the FAA, including suits by third
parties (other than the Contractor or its Subcontractors) against
the FAA involving the legality or adequacy of the FAA's compliance
with NEPA and other laws and regulations, to the extent of the
FAA's liabilities on those issues. The Lead Sponsor shall
cooperate and shall ensure that the Contractor cooperates in
defense of any such suit.
III. Procedures
A. The Contractor shall develop and submit to the FAA for
approval a Plan of Study which shall include detailed descriptions
of all work to be performed, the methodologies proposed to perform
the work, the name and qualifications of the person performing each
aspect of the work, estimated manhours required for completion of
5
each aspect, the schedule for performing each aspect and a
description of the internal and external review procedures to
assure quality control. Also, the Plan of Study shall include a
provision for a thorough literature search and bibliography of
references and methodologies to be used in the acquisition of the
environmental data and analyses and the development and preparation
of the EIS.
B. The FAA will forward the Plan of Study to the Lead
Sponsor for review and comment. After receiving comments from the
Lead Sponsor and the scoping process conducted pursuant to 40 CFR
Sec. 1501.7, the FAA will finalize the Plan of Study. The Plan of
Study and this MOU shall establish the scope of work required of
the Contractor in the development and preparation of the EIS.
C. The Plan of Study may be amended by the FAA from time to
time as the work of the Contractor or its Subcontractors proceeds,
but any amendments or changes which require the expenditure of
additional funds by the Lead Sponsor must be agreed to by the Lead
Sponsor. The Lead Sponsor will be notified and consulted prior to
any amendments or modifications to the Plan of Study.
D. Unless otherwise directed by the FAA, any and all work
performed by the Contractor and its Subcontractors in preparation
of the EIS shall be submitted directly to the FAA, and upon request
of the FAA, to the Lead Sponsor. The Lead Sponsor may communicate
with the Contractor and its Subcontractors during the development
of the EIS, but in no case will the Lead Sponsor or the Co -Sponsors
discuss, review, modify, or edit the Contractor's work or the work
of its Subcontractors prior to submission to the FAA, or be
provided the opportunity to do so. All suggestions for
modifications or changes to such sections recommended by the Lead
Sponsor or the Co -Sponsors shall only be made to the FAA.
6
a
•
E. The FAA reserves the right to review periodically and
modify the work of the Contractor to ensure that requirements under
NEPA and other applicable laws and regulations are satisfied. The
Contractor shall submit monthly written reports on the progress of
their work to the FAA, with a concurrent copy to the Lead Sponsor.
This report shall describe the present status of each aspect of the
work, any problems encountered, and recommendations for
modifications to the Plan of Study and any changes in personnel,
methodology or schedules for completion. The Lead Sponsor shall
provide monthly progress, financial and grant assurance reports to
each Co -Sponsor.
F. As each portion of any draft or final document is
completed, the FAA shall review each portion and those tasks
completed thereunder and after receipt of comments from the Lead
Sponsor, shall approve, modify, comment thereon and/or direct
further work with regard to such portion or tasks as necessary.
Said directions and/or comments shall be made by the FAA in a
timely manner, and the Contractor shall ensure incorporation of
such comments into any editorial changes to the satisfaction of the
FAA. Final drafts of any documents will require FAA approval.
Prior to approval, the FAA will coordinate with the Lead Sponsor
for their review and comment. Comments from the Lead Sponsor shall
be sent to the FAA. The Contractor will only make modifications as
the FAA directs regarding these comments.
G. If requested, the Contractor will provide the FAA access
to and review of all procedures and underlying data used by the
Contractor in developing submitted sections of the EIS, including,
but not limited to, field reports, Subcontractor reports, and
interviews with concerned private and public parties, whether or
not such information may be contained in a draft or final EIS. The
Lead Sponsor will have access to such procedures and underlying
data. Such access by the FAA and the Lead Sponsor shall be
governed by paragraph III.T hereunder.
H. To facilitate the development and preparation of the EIS,
joint meetings among the FAA, Lead Sponsor, Co -Sponsors, and
Contractor may be held. However, the FAA reserves the right to
work directly with the Contractor for purposes of assuring
objectivity in preparing reports and/or for assuring expeditious
communications. The Contractor will notify the FAA and Lead
Sponsor of any substantive meetings that are scheduled and of their
purpose and will provide an opportunity for the parties to attend
if desired. No meeting will be held between the Contractor or any
Sponsor without prior notification to and approval of the FAA. A
summary of all matters relating to the EIS discussions in any
meetings or communications between the Contractor and a party
hereto without the participation of the other said party will be
included in each formal monthly report submitted by the contractor
to the FAA and the Lead Sponsor. The FAA reserves the right to
consult directly with other federal, state, and local officials and
agencies during the preparation of the EIS to assure compliance
with NEPA and other applicable laws and regulations.
I. The Lead Sponsor shall assure the full cooperation of the
Contractor and its Subcontractors with respect to participating in
any public workshops, hearings, or meetings as required by the FAA
to foster public familiarity and participation with respect to the
assessment of impacts related to the Project.
J. The Contractor will be responsible for the costs
associated with the printing and publication of the draft and final
copies of the EIS. The Contractor will be responsible for all
costs associated with the publication of notices announcing public
workshops, meetings and hearings and the like. The Contractor will
also be responsible for costs of stenographic and clerical
services, preparation of graphics, and visual aids associated with
any public workshops, meetings, and hearings.
a
K. At such time as the FAA, after consultation with the Lead
Sponsor, has approved the draft EIS developed and prepared by the
Contractor and its Subcontractors, the contractor shall print the
contracted quantity of draft EIS's and submit same to the FAA. The
FAA shall submit an appropriate number of copies to the Lead
Sponsor for its use, reproduction or distribution. The FAA shall
proceed expeditiously to comply with the provisions of the NEPA.
L. In all instances involving questions as to the content or
relevance of the environmental data and analyses, and evaluations
and wording prepared by the Contractor, the FAA will make the final
determination on the inclusion, deletion, or modification of the
same in the EIS.
M. Upon completion of the draft EIS, the FAA, with the
Contractor's assistance, shall be responsible for organizing and
conducting any public hearings.
N. The FAA will receive all comments during the draft EIS
review and comment period. This period (at least 45 days) will be
initiated when EPA publishes the "Draft EIS Availability" in the
Federal Register.
O. At the close of the draft EIS review and comment period,
the FAA shall identify the issues and comments submitted which will
require response in the final EIS. The FAA will direct those
comments to the Contractor for preparation of proposed responses,
and shall furnish the Lead Sponsor with copies of all comments
received. The Contractor will furnish proposed responses to the
FAA and Lead Sponsor for review. The FAA shall modify the proposed
responses as it deems necessary.
P. After receipt of comments and preparation of responses,
the FAA may direct the contractor to make changes to the text of
the draft EIS as necessary.
9
a
a
Q. At such time as the FAA has approved the final EIS, the
Contractor shall print the contracted quantity of final EIS's. The
FAA shall submit an appropriate number of copies to the Lead
Sponsor for its use, reproduction or distribution. The FAA shall
proceed expeditiously to comply with the provisions of the NEPA.
R. The FAA will receive all comments during the final EIS
review and comment period. This period (at least 30 days) will be
initiated when the EPA publishes the "Final EIS Availability" in
the Federal Register.
S. The FAA, with assistance from the Contractor, will
prepare and issue the agency Record of Decision.
T. The FAA will maintain the confidentiality of, and will
not release or allow access to, any information, documents or
materials which in its opinion are validly designated as
confidential by the Lead Sponsor or Contractor and which contain
trade secrets, proprietary data, or commercial or financial
information. Information developed under this MOU is subject to
disclosure to the public to the extent required by law. In any
instances where the FAA proposes to release to the public or to
allow access to any information, documents or materials which the
Lead Sponsor or Contractor have designated as confidential, it
shall notify the Lead Sponsor or Contractor of its intention to do
so and provide the Lead Sponsor or Contractor the opportunity to
appeal the decision in accordance with applicable regulations on
such release or access prior to any such release or access.
IV. Cessation and Termination
A. Any of the parties to this MOU may withdraw from the
terms of this MOU for good cause upon 30 days written notice to the
other party. During this period, the parties will actively attempt
to resolve any disagreement.
10
.
1
B. In the event of a termination of this MOU, and if the
preparation of an EIS by the FAA is still required, it is agreed as
follows:
(1) The FAA shall have access to all documentation,
reports, analyses and data by the contractor with confidentiality
governed by paragraph III.T.
(2) The FAA shall assume the responsibility for
preparing the EIS. The Lead Sponsor shall no longer be responsible
for the payment of costs, subject to reimbursement by the FAA,
associated with preparation of the EIS, apart from such
reimbursable costs already incurred under the Lead Sponsor's
contract with the Contractor.
(3) Liability for termination shall be in accordance
with paragraph II.G. hereof.
V. No Rights for Non -Parties
No Rights or privileges are created or intended to be created
by this MOU in anyone not a signatory of this MOU.
Vi. Modification
This MOU may be modified by the parties hereto only by written
agreement by all the parties.
UNITED STATES FEDERAL AVIATION ADMINISTRATION
J n Dempsey Date
nager, Airports Divisi n
outhwest Region
11
ARKANSAS REGIONAL AIRPORT AUTHORITY (Lead Sponsor)
sCD .a0
Bill Mathews
Chairman
CITY OF BENTONVILLE (Co -Sponsor)
Don M. O'Neal
Mayor
Date
Date
CITY OF AYETTEVILLE (Co -Sponsor)
Fr Hanna Date
Mayor
CITY OF ROGERS (Co -Sponsor)
ICJ . �►�,,,�- h ,
John W. Sampler, J .
Mayor
CITY OF SILOAM SPRINGS (Co -Sponsor)
tia
CITY OF
Charles N. McKinney
Mayor
(Co -Sponsor)
2)
Date
Date
f';, 93
Date
12
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" Northwest Arkansas Regional Airport Authority
September 30, 1993
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Ed Brafkrry
Lisa D ytan.
Kai Ewing
Dan Frdtr
Stan G,nn
Dick Latta
At MA.a
Mark Simmons
G.o.p. W stmon✓ad
Jack Wirrath
John Brad
Admidatratiw Staff
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Scott van LaJnyhm
Card e. Lhdsy
The Honorable Fred Hanna
Mayor of Fayetteville
Fayetteville City Hall
113 West Mountain
Fayetteville, AR 72701
Dear Mayor Hanna:
I am pleased to inform you that the Northwest Arkansas Regional
Airport Authority has received from the Federal Aviation
Administration the official "notice to proceed" to perform the
Environmental Impact Statement.
You will find enclosed a copy for your files of the Grant
Agreement and Memorandum of Understanding between the Federal
Aviation Administration and the Northwest Arkansas Regional
Airport Authority, as lead sponsor, and the Cities of
Bentonville, Fayetteville, Rogers, Siloam Springs, and
Springdale, as co-sponsors. The documents have been executed by
all the appropriate officials, pursuant to resolutions adopted by
the governing bodies.
Let me also take this opportunity to thank you and your City
Council for joining with the Airport Authority as we assist the
Federal Aviation Administration in the preparation of this
important Environmental Impact Statement.
As lead sponsor, the Authority will do all that it can to keep
the Cities, as co-sponsors, abreast of the progress in the
preparation of the EIS. Again, the Authority appreciates your
support and looks forward to working with your city in the months
ahead.
Bill Mathews
Chairman
Enclosures
jb- o5 -u 3 1IAC
Adn istntn Offons - 100 W. Carty St, Sdte 300, FayttV & AR 72701
Pharr 601/682-2100 Fax: 601/682-1919