FAA Grant Assurance Compliance Attorneys

Grant Assurance 1: Comply with All Federal Laws. The airport will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements.

Grant Assurance 2: Legal Authority To Apply For Grant. The airport has legal authority to apply for the grant.

Grant Assurance 3: Sufficient Project Funding. The airport has sufficient funds available to pay for that portion of the project not covered by the grant.

Grant Assurance 4: Good Title. The airport’s sponsor holds good title to the airport property.

Grant Assurance 5: No Deprivation of Airport Rights. The airport will not take or permit any action which would operate to deprive the airport of any of the rights and powers necessary to comply with the terms of the grant.

Grant Assurance 6: Follow Local Rules, Regulations and Laws. The airport’s 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. This includes CEQA for California projects.

Grant Assurance 7: Consider Community Interest. The airport has given fair consideration to the interest of communities in or near where the project may be located. This includes holding public hearings and accepting public comments.

Grant Assurance 8: Consult With Affected Parties. The airport has undertaken reasonable consultations with affected parties using the airport at which project is proposed. This would include consultation with neighboring business owners and homeowners regarding the environmental, noise and traffic impacts of the airport’s proposed project.

Grant Assurance 9: Hold Public Hearings. Public hearings for projects involving the location of an airport, an airport runway, or a major runway extension and 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 goals and objectives of such planning as has been carried out by the community and if requested by the FAA, to submit a copy of the transcript of such hearings to the FAA. 

Grant Assurance 10: Make Plans Available to the Public. The airport must make a copy of the proposed amendment to the airport layout plan depicting the project and a copy of any airport master plan in which the project is described or depicted available to the public.

Grant Assurance 11: Have a Pavement Maintenance Plan. For projects approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, the airport must assures or certify that it has implemented an effective airport pavement maintenance-management program. 

Grant Assurance 12: Terminal Safety for Passengers. For projects which include terminal development at a public use airport, the Airport must provide necessary safety equipment for passengers enplaning and deplaning.

Grant Assurance 13: Project Accounting. The airport shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the FAA grant, the total cost of the project in connection with which the grant and the amount or nature of that portion of the cost of the project supplied by other sources and such other financial records pertinent to the project.

Grant Assurance 14: Pay Workers No Less Than Minimum Wage. The airport shall include in all contracts the requirement that workers be paid no less than minimum wage. 

Grant Assurance 15: Preference for Veterans. The airport shall include in all contracts a preference for Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans. 

Grant Assurance 16: Must Follow Project Plans Approved by FAA. The airport will follow the project subject to plans, specifications, and schedules approved by the FAA. 

Grant Assurance 17: Construction Supervision. The airport will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the FAA. 

Grant Assurance 18: Project Planning. In carrying out planning projects, the airport will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved by the FAA. The airport will provide periodic reports on the project to the FAA as required.

Grant Assurance 19: Operation and Maintenance. 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 and maintained in accordance the minimum standards prescribed by applicable Federal, state, and local agencies. The airport will not cause or permit any activity or action thereon which would interfere with its use for airport purposes.  The airport will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended.

Grant Assurance 20: Hazard Removal and Mitigation. The airport will take appropriate action to assure the airport’s airspace is 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 to protect instrument and visual operations to the airport (including established minimum flight altitudes). 

Grant Assurance 21: Compatible Land Use. The airport and its sponsor shall take appropriate action, to the extent reasonable, including the adoption of zoning laws, 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. 

Grant Assurance 22: Economic Nondiscrimination. The airport will be available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. In other words, an airport cannot take on projects which favor, or discriminate any particular type of operation such as construction projects that favor jets while discriminating against single engine propeller aircraft. The airport must insert in all agreements, contracts, leases, and/or other arrangements specific language that requires the contracting party to: (i) furnish said services on a reasonable and not unjustly discriminatory basis to all users thereof, and (ii) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided.  Each FBO at the airport shall pay the same rates, fees, rentals and other charges as any other similar airport FBO.  Also, the airport will not 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 unless the rule applies to all airport users and is based on safety consideration.

Grant Assurance 23: Exclusive Rights. The airport will not permit an exclusive right to the airport by any person providing, or intending to provide, aeronautical services to the public except in certain  situations involving a single FBO on the field. 

Grant Assurance 24: Airport Fees and Rents. The airport shall maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport.  No part of the Federal share of an airport grant shall be included in the rate basis in establishing fees, rates, and charges for users of that airport.

Grant Assurance 25: Airport Revenues. With limited exceptions, all revenues generated by the airport, and any local taxes on aviation fuel, must be spent on the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. In other words, funds generated on the airport cannot be diverted off the airport by the airport’s sponsor. 

Grant Assurance 26: Report and Inspections. The airport shall submit to the FAA the required annual or special financial and operations reports as required. 

Grant Assurance 27: Use by Government Aircraft. The airport will be available for landing and takeoff of aircraft of the United States for use by Government aircraft in common with other aircraft at all times without charge. 

Grant Assurance 28: Land for Federal Facilities. The airport will furnish to the FAA, without cost to the Federal Government, any land necessary for use in connection with any air traffic control, navigation, weather-reporting, communication, or air traffic control activities, that the FAA considers necessary or desirable.

Grant Assurance 29: Airport Layout Plan. The airport shall keep up to date at all times an airport layout plan of the airport showing boundaries, proposed additions thereto, location and nature of all airport facilities and structures such as runways, taxiways, aprons, terminals, hangars and roads as well as the location of all non-aviation uses and airport access points.  If the FAA determines any alteration in the airport or the facilities adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport the airport will, if requested by the FAA, eliminate the adverse effect or bear costs to relocate the adverse effect. 

Grant Assurance 30: Civil Rights. The airport will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin, English proficiency, creed, sex, age or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant.

Grant Assurance 31: Disposal of Land. Any land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer will be disposed when it is no longer needed at fair market value and at the earliest practicable time. After the sale of that property the airport will pay back to the FAA the sale proceeds proportionate to the FAA grant funds used at the  purchase. 

Grant Assurance 32: Engineering and Design Services. If any phase of an airport’s project has received Federal funds, it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services based on the qualifications of the party and at compensation which is determined to be fair and reasonable based on the scope, complexity and professional nature and estimated value of the contract.

Grant Assurance 33: Foreign Market Restrictions. The airport will not allow grant funds to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.

Grant Assurance 34: Policies, Standards, and Specifications. The airport will carry out any project funded with FAA grant funds in accordance with the policies, standards, and specifications approved by the FAA, including but not limited to current FAA Advisory Circulars. 

Grant Assurance 35: Relocation and Real Property Acquisition. The airport will be guided in acquiring real property, to the greatest extent practicable under State and Federal law and will pay or reimburse property owners for necessary expenses. 

Grant Assurance 36: Access By Intercity Buses. The airport will permit intercity buses or other modes of transportation to have access to the airport when practicable.  

Grant Assurance 37: Disadvantaged Business Enterprises. The airport shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any department of transportation related contract or in the award and performance of any concession activity.

Grant Assurance 38: Hangar Construction. If the airport and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner’s expense, the airport will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.

Grant Assurance 39: Competitive Access. If the airport is a medium or large hub airport (as defined in 49 U.S.C. § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary regarding the same.  The reports shall be due on February 1 or August 1 of each year.

An airport sponsor (applicant) seeking financial assistance in the form of an Airport Improvement Program, or AIP, grant for airport planning, airport development, noise compatibility planning, or noise mitigation, must agree to comply with certain assurances. These grant assurances are incorporated in and become part of a sponsor’s grant agreement for federal assistance. As need dictates, the FAA modifies these assurances to reflect new federal requirements. Notice of such modifications is published in the Federal Register, and an opportunity for public comment is provided. The assurances that apply to a sponsor depend on the type of sponsor.