When an airport, or its sponsor, such as a City or County, that owns and/or operates an airport, accept funds from FAA-administered financial assistance or Airport Improvement Programs (“AIP”), the airport must agree, as a condition of receiving those grant funds, to adhere to, and follow, certain FAA’s grant assurances which obligate the airport to maintain and operate their facilities safely and efficiently and in accordance with certain specified conditions. These grant assurances are often attached to the airport’s application for Federal assistance or AIP funds and become part of the final grant offer and attach as restrictive covenants to airport property usage. The duration of these obligations depends on the type of grant, the useful life of the airport facility being developed and any other condition(s) that may be stipulated in the grant assurances. For a complete list of all FAA grant assurances on the FAA website, click here.
An aggrieved party who has been adversely impacted by an Airport that has maintained and/or operated the airport facilities in violation of these grant assurances may bring an enforcement action against the airport under 14 C.F.R. 16, also known as a Part 16 Complaint.
Common grant assurance violations include, but are not limited to disputes involving the following:
Grant Assurance 19 prohibits airport sponsors from operating, maintaining, causing or permitting any of its facilities, including airport-owned hangars, from being used for non-aeronautical purposes.
Grant Assurance 22 prohibits airport sponsors from discriminating against particular types, kinds and/or classes of aircraft use. This means an airports cannot implement rules, policies and/or fees favoring business jets over single engine piston aircraft and vice versa.
Grant Assurance 25 prohibits revenue generated at an airport from rents, concessions, landing fees, fuel fees, parking, passenger fees and the like from being diverted by an airport sponsor and used for off-airport uses.
Grant Assurance 38 requires airport sponsors to grant a long term lease on reasonable terms to hangar owners that build hangars at their own expense.
