ORDER NO. 14088 ACCEPTANCE OF FAA GRANT AGREEMENT BET4dEEN THE CITY OF KERRVILLE AND KERR COUNTY AND THE UNITED STATES OF AMERICA (ACTING THROUGH THE FEDERAL AVIATION ADMINISTRATIOtd FOR DEVELOPMENT OF LOUIS SCHREINER FIELD, KERRVILLE MUNICIPAL AIRPORT On this the 21st day of July 1980, upon motion made by Commissioner Speakmon, seconded by Commissioner Guthrie, the Court unanimously approved acceptance of a FAA Grant Agreement, between the City of Kerrville and Kerr County and the United States of America (acting through the Federal Aviation Administration), for a project for the development of the Louis Schreiner Field, Kerrville Municipal Airport and authorizing the County Judge, Julius R, Neunhoffer, to execute same on behalf of Kerr County. (Grant Agreement in the amount of $229,000.00, Project No. 5-48-0121-05, Contract #DOT-FA-80SW-8117). Order No. 14088 ACCEPTANCE OF FAA GRANT AGREEMENT BETWEEN THE CITY OF KERRVILLE AND KERB COUNTY AND THE UNITED STATES OF AMERICA (ACTING THROUGH 4'HE FEDERAL AVIATION ADMINISTRATION FOR DEVELOPMENT OF LOUIS SCHREINER FIELD, KERRVILLE T$UNICIPAL AIRPORT 7-21-1980 Vol. O, Page 591 Page 1 of •j pages DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION GRANT AGREElV1ENT Part 1-Offer Date of Offer JUL 1 0 1984 r:rsrrville .'~xn~.ci-+a? Project No. 1-4 "- "` , :.' -+? {• Contract No. L,~_~ ~-;'ti,~,,,v-~=1i7 TQ: ~.l ilF: i:it`j O` (, rrVxll<<: di7 ;,t ~;.L)',,1?i'~!J {`t !'.drT°; ,Z § Xc3.= (herein referred to as the "Sponsor") Airport 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 dated JUxI° ? ~., , 1~+~~~~ , for a grant of Federal funds for a project for develop- ment of the :.~ui s chr~;'.~~r Pielc:, ~~,•~rrville ;-itL'tie ~~rl Airport (herein called the "Airport"), together with plans and specifications for such project, which Project Application, 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•describedahport development: Y~.C:7i1zr^c l.n,.i`1, i~r.?2 :~lr<+p l'u' t:itlr^_ c'°. (~ OUtGar i_i~zr:{:?r Sl~t `?:, 3:4L~~'itYr; aircr4:ft ,:4r,ci;i; a;:,ron Ear.iarox. ~; , F, 30 ._ .'". ? : constx~act i'.•:x i.i$--.#'"i ii-;.e'i'(e"„'rOX. 1~.,~.?+l .. F'.). all as more particularly described in the property map and plarts and specifications incorporated in the said Project Application; ,t„~ ~~ ~.1 ~yf7 _ C.- ' J,. ,....,... I'exa~ FAA FORM 5100-13 PG. t (l0-)/I SUPERSEDES FAA FORM 1632 PGiJ'j~'~`0-A-- nj~~J~ y4' ~e u~}' PAGE 1 / / 1 Page 2 of 7 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Development Act of 197Q as amended (49 U.S.C. 1701), 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 the operation and maintenance of the Airport as herein provided, THE FEDERAL AVIATION AD- MINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, i:~e''}- {3?? ~a3r c~nt;~~. of a21 21.1oa:~`a?n nroj~cr cosh. This Offer is made on and subject to the following terms and conditions: I . The maximum obligation of the United States payable under this Offer shall be $ 229 ,i1(J!3 2. The Sponsor shall: (a) begin accomplishment of the Project within nia~ty { 31) days after acceptance of this Offer or such longer time as may be prescribed by the FAA, with failure to do so constituting just cause for termination of the obligations of the United States hereunder by the FAA; (b) carry out and complete the Project without undue delay and in accordance with the terms hereof, the Airport and Airway Development Act of 1970, and Sections 152.51- 15'x.63 of the Regulations of the Federa] Aviation Administration (14 CFR 152) in effect as of the date of acceptance of this Offer; which Regulations are hereinafter referred to as the "Regulations"; (c) carry out and complete the Project in accordance with the plans and specifications and property map, incorporated herein, as they may be revised or modified with the approval of the FAA. 3. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under Section 152.47 (b) of the Regula- tions. 4. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of Sections 152.65 - 152.71 of the Regulations. Final determination as to the allowability of the costs of the project will be made at the time of the final grant payment pursuant to Section 152.71 of the Regulations: Provided, that, in the event asemi-final grant payment is made pursuant to Section 152-71 of the Regulations, final determination as to the allowability of those costs to which such semi- final payment relates will be made at the time of such semi-final payment. FAA FORM 5100-ffi PG, 2 (].]2) SUPERSEDES PREVIOUS EDITION PAGE 2 Page 3 of 7 pages 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 sixty days of the above date or such subsequent date as may be prescribed in writing by the FAA. 7. It is understood and agreed that the Sponsor will provide for FAA employees adequate parking accommodations satisfactory to the Administrator at all FAA technical facilities located on the Airport. It is further understood and agreed that Sponsor will provide, without cost, adequate land for the purpose of parking all official vehicles of the FAA (government and privately owned when used for FAA business) necessary for the maintenance and operation of the FAA facilities on the Airport. Such land shall, be adjacent to the facilities served. 8. a. Polic It is the policy of the Department of Transportation that m- no ity business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently the MBE require- ments of 49 CFR Part 23 apply to this agreement. b. MBE Obligation. The recipient or its contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed'in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. c. If as a condition of assistance the recipient has submitted and the Department has approved a minority business enterprise affirmative action program which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its failure to carry out the approved program the Department shall impose such sanctions as noted in 49 CFR Part 23, Subpart E, which sanctions may include termination of the agreement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance. Page 4 of 7 pages 9. This project and all work performed thereunder is subject to the Clean Air Act and the Federal Water Pollution Control Act. Accordingly, a. The Sponsor hereby stipulates that any facility to be utilized in performance under the grant or to benefit from the grant is not listed on the EPA List of Violating Facilities. b. The Sponsor agrees to comply with all the requirements of Section 114 of the Clean Air Act of Section 308 of the Federal Water Pollution Control Act and all regulations issued thereunder. c. The Sponsor shall notify the FAA of the receipt of any communication from the EPA indicating that a facility to be utilized for performance of or benefit from the grant is under consideration to be listed on the EPA List of Violating Facilities. d. The Sponsor agrees that he will include or cause to be included in any contract or subcontract under the grant which exceeds $100,000 the criteria and requirements in these subparagraphs a through d. 10. It is further understood and agreed that FAA approval of the project included in this Agreement is conditioned on the Sponsor's compliance with applicable air and water quality standards in operating the Airport and in accomplishing any construction here- under; further, that failure to so comply may result in suspension, cancellation or termination of Federal assistance under the Agreement. 11. It is understood and agreed that the term "Project Application" wherever it appears in this Agreement, in Specifications or other documents constituting a part of this Agreement shall be deemed to mean the "Application for Federal Assistance." 12. The Federal Government does not now plan or contemplate the construction of any structures pursuant to paragraph 27, of Part V Assurances of the Application for Federal Assistance attached hereto, and therefore, it is understood and agreed that the Sponsor is under no obligation to furnish any areas or rights without cost to the Federal Government under this Grant Agreement. However, nothing contained herein shall be construed as altering or changing the rights of the United States and/or the obligations of the Sponsor under prior Grant Agreements to furnish rent-free space and/or cost-free areas fcr the activities specified in such agreements. Page 5 of 7 pages 13. It is further understood and agreed that the Sponsor's Assurances regarding nondiscrimination attached to the Application for Federal Assistance is hereby incorporated into this Grant Agreement. 14. The Sponsor shall: a. Incorporate or cause to be incorporated in each bid or proposal form submitted by prospective contractors for construction work under the project the provisions prescribed by Section 60-1.7(b)(1) and 60-1.8Cb) of the Regulations issued by the Secretary of Labor (33 FR 7804, 41 CFR Part 60-1). b. Comply with the provisions set forth in Appendix I, attached hereto. 15. Assurance No. 18 of Part V of the project application incorporated herein is amended by including at the end of the second sentence the following language: ". including the requirement that (A) each air carrier, authorized to engage directly in air transportation pursuant to Section 401 or 402 of the Federal Aviation Act of 1958, using such airport shall be subject to non- discriminatory and substantially comparable rates, fees, rentals, and other charges and nondiscriminatory conditions 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 combined passenger and cargo flights or all cargo flights, and such classification or status as tenant shall not be unreasonably withheld by any Sponsor provided an air carrier assumes obligations substan- tially similar to those already imposed on tenant air carriers, and (B) each fixed base operator using a general aviation airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed base operators making the same or similar uses of such airport utilizing the same or similar facilities. Provision (A3 above shall not require the reformation of any lease or other contract entered into by a Sponsor before July 12, 1976. Provision (B) above shall not require the reformation of any lease or other contract entered into by a Sponsor before July 1, 1975." 16. It is understood and agreed that no part of the Federal share of an airport development project for which a grant is made under the Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701 et seq.), or under the Federal Airport Act, as amended C49 U.S.C. 1101 et seq.), shall be included in the rate base in establishing fees, rates, and charges for users of the airport. PaF;e 6 of 7 pares 17. Any other clause herein to the contrary notwithstanding, it is specifically understood and agreed that any land interests accuired in whole or in part with Federal funds shall be used or disposed of only in accordance with Attachment :'3 to Office of Management and i3udF;et (OT1;3) Circular A-1D2. lo. It is further understood and agreed by the parties hereto that the property map Exhibit '"A" made a part of this Grant Apreement is the property map Exhibit "A" dated July 1967 last revised February 20, 1380, incorporated into Grant Agreement io. 7-48-0121-O1 by Amendment ;do. 1 dated ~TUne k, 19c3Q. 13. The Sponsor hereby covenants and agrees that it will not advertise for bids, award any contract or commence construction for the items of airport development relating to the item, "Expand aircraft parking- apron" to be accomplished under this project until it has submmitted final plans and specifications satisfactory to the Administrator and such plans and specifica- tions have been approved; and it is further understood that the United States will not make nor be oblitated to make any payment for such it=r~ of airport development under this Grant Agreement until the Sponsor has submitted such plans and specifications and they have been approved as herein provided. The Sponsor further covenants and agrees that it will submit said final plans and specifications to the Adr,.inistrator on or before ninety clays from the date of this Grant Agreement. Page 7 of 7 pages The Sponsor's acceptance of this Offer and ratificatiur: and adoption of the Project Application incorporated herein shall he evidenced by exe2u:ion of this instrument by the Sponsor. as hereim after provided, and said Offer and Acceptance shall comprise a Grant Agreement, as provided by the Airport and Airway Development Act of 1970, constituting the obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and the operation and maintenance of the Airport. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer and shall remain in full force and effect throughout the useful iife of the facilities developed under the Project but in any event not to exceed twenty years from the date of said acceptance, rp ovided, however, that this time limitation shall not apply to real property acquired with federal assistance. 1JNITEll STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION r,.,,.,py„ 5y6r,1 ,L..~ gy`Chief, Houston Airports District (TITLE) Office Part 11-Acceptance The Sponsor named immediately below does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to tall of the terms and conditions thereof. n~ Executed this......... ~ Z......... day of ........... ......... , 19. d a. City of KQrrville,.Tex~s.,,..... (SEAL) / /%~~„_, (Name of Sp or) ~K.C~` ~..~Gtrrr.d By ...... ~ ~ ..... ...... . Attest:,. .. (v.. //~ ~ /~ ~ .... title ..... ......~ .......................... Title :.......C~ .. ~~IG~c.IG-.... CERTIFICATE OF SPONSOR'S ATTORNEY, submitted pursuant to Section 16 (h) of the Airport and Airway Development A..t of 1970, as amended. I, acting as Attorney for the above named Sponsor, do hereby certify that I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of this State, and further that, in my opinion, said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at __ !~a_-_this _02,2._ day cf 19 ~U Page 7a of 7 pages Part 11•Acceptance The Sponsor named immediately below does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept said Offer and by such acceptance agrees to all of the terms pyd conditions thereof. Executed this.......... ~~.`~...... day of ... l' . .. .. ................. . 19.. ~v County o°r',err, texas ............( .. me f Sponso. j .... . . i ^~ 1 ` ~ ` } ... By ... ......... ........... (SEAL:) _. _ ','~ '. Titl Attes ,tit. l ~~ ~- i Title.... `°.~~~~?`i::~~.~iFl.L', .... ? c~i~ .'P ~~ K ~" J `'' ~~, '' CERTIFICATE ~OF SPONSOR'S ATTORNEY, submitted pursuant to Section 16 (h) of the Airport and Airway Development Act of 1970, as amended. I, acting as Attorney for the above named Sponsor, do hereby certify that I have examined the foregoing Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the Acceptance thereof by said Sponsor has been duly authorized and that the execution thereof is in all respects dt~e and proper and in accordance with the laws of this State, and further that, in my opinion, said Grant Agreement canstitutea a legal and binding obligation of the Sponsor in accordance with the terms thereof. ~/ ~ ~ Dated at /~~.~Li -%~-~~ - this i± - y of ,~~ - 14(` r tle ~ APPENDIX 1 The Sponsor hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, ae defined in the regulations of the Secretary of Labor in 41 CFR Chapter 60, which ie paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, con- tract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: 4 During the performance of thin contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, sex, religion, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employee are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demo- tion, transfer, recruitment or recruitment advertising; layoff or termina- tion; rates of paY or other forma of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employee and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. (2) The contractor will, in all solicitations or advertisements for employee placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, sex, religion, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative• of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employes and applicant^ for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, a• revised by Executive Order 11375 of October 1967, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to Appendix 1 Page 1 his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with •uch rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, or by rule, regulations, or order of the Secretary of Labor, or ae otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the proviaiona of paragraphs (1) through (7) in every sub- contract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as revised by Executive Order 11375 of October 1967, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing ouch proviaiona, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United Staten to enter into ouch litigation to protect the interests of the United States. The Sponsor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work; Provided, that if the Sponsor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentally or subdivision of such government which does not participate in work on or under the contract. The Sponsor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractor with the equal opportunity clause and the rules, regulations, and relevant order of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. Appendix 1 Page 2 The Sponsor further agrees that it will refrain from entering into any contract of contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and aubcon- tractor• by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Sponsor agrees that if it fails or refuses to comply with these undertaking a, the administering agency may take my or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sponsor under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sponsor; and refer the case to the Department of Justice for appropriate legal proceedings. Appendix 1 Page 3 T OMB ApprovN No. 29-ROY1! FEDERAL ASSISTAiVCE a APVLI• °' NUMBER yM - r, HUMBER cANrs non TX 61019053 1. TYPR fRFI1PPlW,ATiOII APPLI• b. DATE IpENTi• b. DATE Year montA day ACTION ^ AP~LIGTNNI CATION 19 $~ dsy PIER A1318NED 19 1~r>~ ^ NOIIFICATNIN OF INTENT (OOtJ Lesre iEPORT Of FEOENIIL ACTION 81awp 4 LEGAL APPLICANT/RECIPIENT S FEDERAL EMPLOYER IDENTIFICATION N0. r. ADDlieertpmr Ci K 74-6001490 ty of errville -. onerlnuw utN :City s' e. slrNt/P.o. sx ~ 600 M i PRO• r. NUYSER ~ 2 ~ 0 ~~ ~ 1 ~ 0 ~ 2 a n d• ~b 'Kerrville '• a1°b ° Kerr GRAM b. TRIE (Fran r• Sbte ° Texas F ZIPCWe: 78028 Pddrai A. D.A.P. N. Conitpt Petty Wane J. L. Odle o6rOIOa1 ~n d telepAotp No.) E 7. TITLE AND pESCRIPTION OF APPLICATT8 PROJECT 0. TYPE OF APPLICANT/RECIPIENT Parking Apron Expansion & Perimeter Fence Project A-Shb H-Commualb Aeon A[amY B-Iwaamts I-RlI~tbar Eduutlwul lptihtin includes the construction of approximately 8,630 s.y C-Subrteb }ladle TdM Dleala Ie-Draw (aPptfY): of concrete pavement for parking apron and taxiway; oE_(gaqtt°b F [ b ~ and approximately 10,900 l.f: of fence. - e a,IPor Q peo Land Acquisition (Outer Marker Sight) D)efrkt RwEsr oPPraPrla6c terra 9. TYPE OF ASSISTANCE A-Bale Bent D-Inurwa D-SUpplp:nhl Bnnl F.Ceher gna, ayyrn. C-Lnn prate tdep(eJ 10. AREA OF PROJECT IMPACT (Name o1 ettfee, ewntire, 11. ESTIMATED NUM• 32. TYPE OF APPLICATION 8ratp, ero.) BFJ2 OF PERSONS A-Haw C-Rpirin E-iWEmmptln Kerrville, Texas; Kerr County, Texas BENEFITING 30 000 B-Rpmm~l D-GuHnwtin Rnrq apProprWb t.eter 13. PROPOSED FUNDING 1{• CONGRESSIONAL DISTRICTS OF: 15. TYPE OF CHANGE (Far Ito or Jts) e. FFDGRAL 229 OOD .OB e. APPLICANT b. PROTECT MB-0icrp~ee O~olllm f-MMr (8prailY)) b. APPLIGNT 57 250 .oB 21 21 o-ow w ountwn N/A e. STATE - •W IB. PROJECT START o ~ DATE Y 17. PROJECT DURATION E-Qnailetin Jpntp aypro- gy t Prrara birarfel d. LOCAL ~- .CA 19 DV VO U1 YanrM s. OTHER -- .00 18. FJITIMATED DATE TO Year monN daY BE SUBMITTED TO 19. EXISTING FEDERAL IDENTIFICATION NUMBER FEDERAL AGENCY 19 t. TOTAL S $ ,Op - _ 20. FEDERAL AGENCY TO RECEIVE REQUEST (Name, C(rv. Stan. EJP eaG) 21. REMARKS ADDED Federal Aviation Administration -Houston, Texas 77061 ~ Yan ^ No ZZ r. To tbs Ent of my Nnowlad[s end bMiel b. if nqulM by OMB C(rtv4r A-95 tbis epnIIwtlon wn wbmitled, panwn h In~ No re• ReePOnee yen In mh preepplintinhpp9ptln en rtructient 1herHn, m epproprhb deminsl~nsp end ril nepnep en etnchad: eponee attaeped THE we red mrtacl tM dowmnt Ms ben APPLICANT dulp rethnized M the [pernin[ bedY of 1 ^ ^ CERTIFIES tM rpplkent wd the rpDlinrt will nmDb II M wl 4 tt d 9 W M ( ) N/A ^ ^ THAT- e e e wanncp w h e e O) utp h rplVepd. (3) ^ ^ 29. e. TYPED NAME AND TITLE E a DATE SIGNED CERTIFYING J. Louis Odle °i SEENTATIVE City Manager 1980 ~ /e7 24. AGENCY NAME N PPLICM Yem eeetetb doq T U RECEIVED 19 ZB. ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE ~T10N ~• jDEP ~ F AT O g l7 I IC f N ~} 29. ADDRESS 30. FEDERAL GRANT IDENTIFICATION 31. ACTION TAKEN 82 FUNDING Year wwprp day 9{. Year wwntA doy r. AWARDED r. FEDEIULL S .00 B3. ACTION DATE - 19 8TARTINO DATE 19 b. REIECTED b. APPLICANT .00 9A CONTACT FOR ADDITIONAL INFORMM TION N i t l p n b 9!. yem mawtp day c RETURNED FOR e. STATE .00 ( ame sm e ey o e nrm er) ENDING DATE 19 AYENDYFM d. LOCAL .00 87. REMARKS ADDED d. DEFERRED s. OTHER •00 ~ r. WnNDRAWN f. TOML S •00 ^ Yp '[;No ~ hrt nd i~ ~ ~ 8 n w M m ~lf a CIAL b N ~ D ~ I OMp Mmul N n of A• . enpn ii b d p Drp 4dered 4 io l a+we mnd. WePAana r •) FEDERAL AGENCY it lip bew n yin[ mMw A~96 ACFION ,' ~ ~ . 4EA 1 10.7 W ....~,. art,: ,ws•~k+i1p-*,;yy~Yn+R~r'N.~Yauk her .. - ..,.... m+n+...1MnpN#tlt _ 'A1pP: ' J pEPARTMENT OP TRANSPORTATION - iEDEtk~i4 AVIATION ADMINISTRATION pM8 NO. BP-ra0~e PART 11 PROTECT APPROVAL INFORMATION SECTION A Item 1. Does this ossistonce request require State, local, Nome of Governing Body regional, or other priority rating? ~ Priority Rating Yes X No Item 2. Does this assistance request require State, ar local Name of Agency or advisory, educational or health clearances? Board Yes X No (Attach Documentation) Item 3. Does this assistance request require clearinghouse review {Attach Comments) in accordance with OMB Circular A-95? X Yes No Item 4. Does this assistance request require Sfote, local, Name of Approving Agenq regional or other planning approval? Date Yes X No Itam 5. Is the proposed project covered by on approved comprehensive plan? X Yes No Check one: State Local Regional Location of plan Item 6. Will the assistance requested serve o Federal Name of Federal Installation __ installation? Yes X No Federal Population benefiting from Project Item 7. Will the ossistonce requested be on Federal land Name of Federal Installation ________ or installation? Location of Federal land _~____._~_ Yes X No Percent of Project ___~-- Item 8. Will the assistance requested have an impact or ef{ect See instruction hor additional informm~ca ca be on the environment? provided. `X Yes No Not a reciabl Item 9. -- ' Number of: _ - Wiil the ossistonce requested cause the displacement of Individuals individuals families, businesses, or farms? Families Businesses Yes ~_, No Farms Item 10. Is there other related Federal Assistance on this Sae insiroctions for eddiifanal infgrmation to be project previous, pending, or gnticfpated?' provided, ~~ Kerruille Municipal ~-~ Airport Master Plan pEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO. PART II - SECTION C The Sponsor hereby represents and certifies as follows: i. Compatible Land Li se.-The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Hazardous Zoning Complete °_. Defaults. -1'he S onsor is not in default on any obligation to the United States or anv agency of the United State. Govern- ment relative to the development, operation, or maintenance of any airport, except as statedherewith: N/A 3. Possible Disabilities, -There are no facts or nrcummtanre> lincluding the existence of effective or proposed leases, use agreement or other legal instruments affecting use of the lirpurt or the existence of pending litigation or other legal pnit~eed inK>) which in reasonable probability might make it impos,ible for the Sponsor to carry out and complete the Pro~ect or carry out the provisions of Part V of this -lpplication, either by limiting its legal or financial ability or otherwise, except as fo~low>~ None 4. Land.~a) The Sponsor hold.-, the following property interest in the following areas of land which are to he developed or used as part of or in connection with the 4irpurt. all o[ which areas are identified on the aforementioned pmperty map designated as Exhibit "4 °: (1) Fee sistg~le title free and clear of any exception, enctunbrance, or out- standing interest which would interfere with use of the land's surface or the airspace above it for (A) airport or air navigation purposes, or, when no longer needed for such purposes, for (B) any other purpose, use or disposition authorized or required by Attachment N to ONID Circular A-102, to As shown on Exhibit "A" last revised February 26, 1980. (2) Easements to As shown on Exhibit "A" last revised February 26, 1980/ Zdentr by TRACT ARCET, and NfY~R as shown rn Exhrbrt A I none so state. No additional reference to E~ibit "A" needed. FAA Form 5100-100 (4-76) page 3a ASWAD (Jaq/79) DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO. OS-89x09 PART II - SECTION C (Continued) The ~pon:.or further certifies that the above is based en a title examination by a qualified attorney or title company and that such attnrm•} ur title compam ha., drterrninrrl that the sponsor holds the abate property interests. (L) Thr sponsor will acquire within a reasonable time, but in anv event prior to the start of any construction work under the ProjrR, the following property interest in th1~ fnllowinK area of land on which such construction work is to be performed, ^11 of which areas art identified on lhr aforementioned property map designated as Exhibit "A": (1) Fee sitttple title free atxl cle starx3ing interest which would interfere wi above it for (A) airport or air navigatio such purposes, for (B) any other purpose, Attachment N to Q'~B Circular A-102, to ar of any exception, enclmtbrance, or out- thuse of the land's surface or the airspace n purposes, or, when no longer needed for use or disposition authorized or required by N/A (2) Easements to (c) The sponsor will aeyuirr within a reasonable time, and if feasiLle prior to the coinplrtion of all construction work under the Project, the following proprrh interest in the folluwin~ areas of land which are to be developed or used as part of or in connection with the airport as it will Le upon completion of the Project all of which areas are identified on the aforementioned pmperty map designated a-Exhibit "a". (1) Fee simple title free and cle standing interest which would interfere tai above it for (A) airport or air navigatio such purposes, for (B) any other purpose, Attachment N to ~ Circular A-102, to ar of any exception, enctunbrance, or out- th use of the land's surface or the airspace n purposes, or, when no longer needed for use or disposition authorized or required by N/A (2) Fasernrnents to 5. Exclusive Riohts. -'T'here is nu orant of au exclusive right for the conduct o(am~ aeronautical activity at any airport owned or controlled by the ~pomur escepl as L„Ilows: None Identl by TRACT and NCII~4BFd2 as awn an FSdtlbit 'A I none , so state. No additional reference to Exhibit "A" needed. FAA Fozm 5100-100 (4-76) Page 3b DEPARTMENT Of TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION OMB NO BO-ROIB• . ~ PART III -BUDGET INFORMATION -CONSTRUCTION SECTION A -GENERAL 1. Federal Domestic Assistance Catalog No . ...... . .... . 2. Functional or Other Breakout . ..... . ... . ........ . SECTION B -CALCULATION OF FEDERAL GRANT Usa only fa revisions T oral Cost Classification Latest Approved Amount Ad just menr for (-) Amount Required ]. Administration expense $ $ $ 2. Preliminary expense 3. Land~siructures, right-of-way 4. Architectural engineering basic fees 36,454.00 5. Other architectural engineering fees 6. Project inspection fees 1 500.0 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals anu businesses ]0. Demolition and removal 11. Construction and project improvement 23 12. Equipment 13. Miscellaneous I4. Total (Lines 1 through 13) 282 454.00 15. Estimated Income (if applicable) -O- 16. Net Project Amount (Line 14 minus 15) 282 454.00 17. Less: Ineligible Exclusions _0_ 18. Add: Contingencies 3 796.00 19. Total Project Amt. (Excluding Rehabilitation Grants) 286,250.00 20. Federal Share requested of Line 19 21. Add Rehabilitation Grants Requested (100 Percent) -O- 22. Total Federal grant requested (Lines 20 & 21) 22 0 23. Grantee share 57 250.00 24. Other shares 25. Total project (Lines 22, 23 & 24) $ $ $ 286 250.00 FAA Form 5100-tom I6 73) SUPERSEDES FAA FORM 5100 -10 PAGES 1 THRU 7 Pte! ` n GPADTUPMT AF TR ANGPnRTATION - FF DFR 1l. dV1ATIaN •aY1u1CT Re TInu ome NO eu-AO~ea SECTION C -EXCLUSIONS 26 Cla,si(icat ion Inelip ible for P ort is ipation 1 Excluded from Cone ingency Provision 2 8 - S I 6. c d. e. f. g„ Totals $ $ SECTION D -PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ 57 2 0 00 a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) Cash on Hand 28 ,625.00 h. TOTAL -Grantee share 28. Other Shares a. State b. Other Count 0 eratin Bud et 28 ,625.00 c. Total Other Shares 29. TOTAL $ 57 ,250.00 SECTION E -REMARKS PART IV PROGRAM NARRATIVE Attach -See Instructions FAA Form $700.100 I6-]31 SIJPER9EDE5 FAA FORM 510410 PAGES 1 THRU 7 Pag! S DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION PART V ASSURANCES The applicant hereby assures and certifies that he will comply with the regulations, policies, guidelines and requirements, including Office of Management and Budget Circulars Nos. A-87, A-95, and A-102, as they relate to the application, acceptance and use of Federal funds for this federally-assisted project. Also, the applicant gives assurance and certifies with respect to the grant that: 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolu- tion, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filiny of the application, including all under standings and assurances contained therein, and directing and authorizing the person identified as the official repre- sentative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with the provisions of~ Executive Order 11296, relating to evaluation of flood hazards, and Execu~ rive Order 11288, relating to the prevention, control, and abatement of water pollution. 3. It will have sufficient funds available to meet the non- Federal share of the cost for construction projects. Suffi- cient funds will be available when construction is com~ pleted to assure effective operation and maintenance of the facility for the purposes constructed. 4. It will obtain approval by the appropriate Federal agency of the final working drawings and specifications be- fore the project is advertised or placed on the market for bidding; that it will construct the project, or cause it to be constructed, to final completion in accordance with the application and approved plans and specifications; that it will submit to the appropriate Federal agency for prior ap proud) changes that alter the costs of the project, use of space, or functional layout; that it will not enter into a construction contract) s) for the project or undertake other activities until the conditions of the construction grant pro- gramis) have been met. 5. It will provide and rclaintain competent and adequate architectural engineering supervision and inspection at the construction site to insure that the completed work con- forms with the approved plans and specifications; that it will furnish progress reports and such other information as the Federal grantor agency may require. 6. It will operate and maintain the facility in accordance with the minimum standards as may be required or pre- scribed by the applicable Fedei al, State and local agencies for the maintenance anti operation of such facilities. 7. It will give the grantor agency and the Comptroller Gen- eral through any authorized representative access to and the right to examine all records, books, papers, or documents related to the grant. 8. It will require the facility to be designed to comply with the "American Standard Specifications for Making Build- ings and Facilities Accessible to, and Usable by, the Physi- cally Handicapped," Number A117.1~1961, as modified (41 CFR 101-17.7031. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 9. It will cause work on the project to be commenced with in a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and that the project will be prosecuted to completion with reasonable diligence. 10. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Fed- eral interest or while the Government holds bonds, which ever is the longer. 11. It will comply with Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and in accordance with Tnle VI of that Act, no person in the United States shall, on the ground of race, color, of national origin, be excluded from participa- tion in, be denied the benefits of, or be otherwise subjected to discrimination under any proyiam or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. It any real property or structure thereon is pro- vided or improved with the aid of Federal financial assts lance extended to the Applicant, this assurance shall obli~ gate the Applicant, or in the case of any ti ansfer of such property, any transferee, for the penod during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or bene fits. 12. It will establish safeguards to prohibit employees from using their positions for a purpose that is or yives the ap- pearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have fain ify, business, or other ties. 13. It will comply with the requirements of Title II end Title III of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 IP L. 91-646) which provides for fair and equitable treatment of persons dis~ placed as a result of Federal and federally assisted pro- grams. 14. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, program requirements, and other administrative re- quirements approved in accordance with Office of Manage ment and Budget Circular No. A~102. t5. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 16. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution em- ployees of State and local governments. FAA Form $100-100 16-731 SUPERSEDES FAA FORM 5100-10 PAGES i THRU 7 Poge 6 ~tEPARTM9iT Of TRANSPORTATION - PEC RA. APIA 710N ADMINISTRATION OMa MO. abYpa SPONSOR ASSURANCES 1']. These covenants shall become effective upon acceptance by the Sponsor of an otter of Federal aid for the Project or any portion thereof, made by the FAA and shall constitute a part of the Grant Agieentent thus formed. These covenants shall remain in full force and effect throughout the useful life of the facilities developed under this Project, but in any event not Lo exceed twenty (20) years from the date of said acceptance of an ofl'er of Federal aid for the Project. How- ever, these limitations on the duration of the covenants do not apply to the covenant against exclusive rights or to real property acquired with Federal assistance. Any breach of these cove- nants on the part of the Sponsor may re- sult in the suspension or termination of, or refusal to grant Federal assistance un- der FAA-administered programs, or such other action which may be necessary to en- force the rights of Che United States under this agreement. 18. The Sponsor sill operate the Airport as such for the use and benefit of the public. In furtherance of this covenant (but without limiting its general applicability and effect). the Sponsor specifically agrees that it will keep the Airport open to all t}•pes, kinds, and classes of aeronautical use on fair and reasonable terms without discrimination between such types, kinds. and classes. Provided; That the Sponsor may estahlish such fair, equal, and not unjustly discrimina- tory renditions to be met by all users of the Airport as may be neresxa ry for the safe and efficient operation of the Air- port; And Provided Further, That the Sponsor may pro- hihit or 4imit any given type, kind, or claw of aeronautical use of the Airport it such action is necessary for the sate operation of the Airport or necessary to serve the civil avia- tion needs of the public. 19 • The Sponsor- s. Will not grant or permit any exclusive right for- bidden by Section 308(a) of the Federal Aviation Act of 195R f49 L`.S.C. 1349ta)) at the Airport, or at any other airport now owned or controlled by it; b. Agrees that, in furtherance of the policy of the FAA under this rovenant, unless authorized by the Administra- tor, it will not, either directly or indirectly, grant or per- mit any person, firm or corporation the exclusive right at the Airport, or at any other airport now owned or con- trolled by it, to conduct any aeronautical acttvities, in- cluding, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting. aerial advertising and surveying, air carrier op- erations, aircraft sales and services, sale of aviation petro- leum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities whkh because of their direct relationship Lo the operation of aircraft can be regarded as an aeronautical activity. c Agrees that it will terminate any existing exclusive right to engage in the sale of gasoline or oih or both, granted before July 17. 1962, at such an airport, at the earliest renewal, cancellation, or expiration date applicable to the agreement that established the exclusive right; and d. Agrees that it will terminate any other exclusive right to conduct an aeronautical activity now existing at such en airport before the grant of env assistance under the Airport and Airway Development Act. 20. The Sponsor agrees that it will operate the Airport for tfie use and benefit of the public, on fair and reasonable terms, and without unjust discrimination. In furtherance of the rovenant (but without limiting its general applicability and eftertl, the Sponsor specifically covenants end -Rrees: a. That in its operation and the operation of all tacilitiex on the AirporT, neither it nor any person or organization occupying spare or facilities thereon will discriminate against any person or class of persons by reason of rare, color, creed, or national origin in the use of any of the facilities provided for the public on the Airport. b. That in any agreement, contract, lease, or other sr- ranRement under which a right or privilege at the Airport is granted to any person, firm, or Mrpora [ion to conduct oc engage in say aeronautical artiviq• for furnishing services to the public at the Airport, the Sponsor will in- sert and enforce provisions requiring the contractor: (11 to furnish said service un a fair, equal, and not unjustly discriminatory basis to all users thereof, and (2) to charge fair, reasonable, and not unjustly dis- criminatory prices for each unit or xervice; Pro- vided, Thal the contractor ma}• be allowed to make re:uonable and nondiscriminatory discounts, re- batex, or other ximilar types of price reductions to volume purchasers. a That it will not exercise or grant any right or priv- ilege which would operate to prevent any person, deco or corporation operating aircraft on the Airport from per- torminR any xen•ices on its ox•n aircraft with its ow•n employeex (including, but not limited to maintenance and repair) that it may choose Lo perform. d. In the event the Sponsor itself exercises any of the rights and privileges referred to in xubsection b, the serv- ices involved will be Drocided on the name conditions ax would apply to the furnishing of such services by con- tractors or concessionaires of the Sponsor under the pro- visions of such subsection b. 21. Nothing contained herein shall be construed to pro- hibit the granting or exercise of an exclusive right for the furnishing of nonaviation products and supplies or any serv- ice of a nonaeronautical nature or to obligate the Sponsor to furnish any particular nonaeronautical service at the Airport. 22. The Sponsor will operate and maintain in a xafe and serviceable condition the Airport and all facilities thereon and connected therewith which are necessary to serve the aeronautical users of the Airpm•t other than facilities owned or controlled by the United States, and will not Dermit any activity thereon which would interfere with its use for air- port purposex: Provided, That nothing contained herein shall be construed to require that the Airport be operated for aeronautical uses during temporary periods when snow, flood, or other climatic conditions interfere with such opera- tion and maintenance; And Provided Further. Thal nothing herein shall be construed as requiring the maintenance, re- pair, restoration or replacement of any structure or facilih~ which is subs tantialh• damaged or desu~oyrd due to an act of Gnd or other condition or rircumsta ace beyond the con- trol of the Sponsor. In tm•theranre of this rovenant the Sponsor will have in effect at all times arrangements tor: a. Op: rating the airport's aeronautical facilities when- ever required. b. Promptly marking and lighting hazards resulting from airpm~t conditions, including temporary condition=, and r. Promptly notifying airmen of any condition affecting aeronautical use ni the Airport. FAA Form 5100-100 (4-76) ASWRO (Decj78) PM~7 OLPARTMENT OP TNANSPORTATIOIM • /tDLt~L AVIATIpN Apµ1NIfTRAT10N 23. Insofar ea it is within its power and reasonable, the Sponsor will, either by the acqutattion and retention of esae- ments or other interests in or rights for the use of land or airspace or by the adoption and enforcement of zoning regu- lations, prevent the construction, erection, alteration, or growth of any structure, tree, or other object in the ap- proach areas of the runways of the Airport, which would constitute an obstruction to air navigation according to the criteria or standards prescribed in Section 77.23, as applied to Section 77.25, Part 77 of the Federal Aviatioq Regula- tions. In addition, the Sponsor will not erect or permit the erection of any permanent structure or facility which would interfere materially with the use, operation, or future de- velopment of the Airport, in any portion of a runway ap- proach area im which the Sponsor has acquired, or hereafter acquires, property interests permitting it to so control the use made of the surface of the land. ~.;. Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition and retention of easements or other interests in or righ4 for the use of land or airspace or by the adoption and enforcement of zoning regulations, take action to restrick the use of land adjacent to or in the immediate vicinity of the Airport to activities and purposes compatible with normal airport operations in- cluding landing and takeoR of aircraft. 25• The Sponsor will keep up to date at all times an airport layout plan of the Airport showing fl) the boundaries of the Airport and all proposed additions thereto, together with the boundaries of all oRaite tress owned or controlled by the Sponsor for 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 fa- cilities; 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 FAA, which approval shall be evidenced by the signature of a duly authorized representative of the FAA on the face of the airport layout plan. The Sponsor will not make or permit the making of any changes or alterations in the Airport or any of its facilities other than in conformity with the airport layout plan as so approved by the FAA, if such changes or alterations might adversely aAect the safety, utility, or efficiency of the Airport. 26. All facilities of the Airport developed with Federt~l aid and all those usable for the landing and taking oil' dt a1t•- craft, will be available to the United States at all times, with- out charge, for use by government aircraft in common with other aircraft, except that if the use 6y government aircraft is substantial, a reasonable share, proportional to such use, of the cost of operating and maintaining facilities so used, may be charged. Unless otherwise de4rmined by the FAA, 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 FAA. would unduly interfere with use of the landing area 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 land- ing as a movement and each 4kaoR ae a movement) of government aircraft is 300 or more, or the gross accumu- lative weight of government aircraft using the Airport OMa NO. ea_Maea (the total movements of government aircraft multiplied by gross certified weights of such aircraft) 1s in excess of five million pounds. 27• Whenever so requested by the FAA, the Bpensor will furnish without cost to the Federal Government, for con• atrdction, operation, and maintenance of (acllities for air trafAc control activities, or weather reporting aeq~itiea and communication activities related to air tralflc control, such areas of land or water, or estate therein, or rights in build- ings of the Sponsor as the FAA may consider necnaary or desirable for construction at Federal expense of apace or fa- cilities for such purposes. The approximate amounts of areas and the nature of the property interests and~or rights so required will be set forth in the Grant Agreement relating to the Project. Such areas or any portion thereof will be made available as provided herein within 4 months after receipt of written request from the FAA. 28. The airport operator or owner will maintain a [ee and rental structure for the facilities and services being provided the airport users which will make the Aiaprt u aall•sustain- ing as possible under the circumstances existing at the Air- port, taking into account such factors as the volume of traffic and economy of collection. 29. The Sponsor will furnish the FAA with such annual or special airport financial and operational reports as may be reasonably requested. Such reports may be submitted on forms furnished by the FAA, or may be submitted in such manner as the Sponsor elects so long as the essential data are furnished. The Airport and all airport records and docu- ments affecting the Airport, including deeds, teases, operation and use agreements, regulations, and other instruments, will be made available for inspection and audit by [he Secretary and the Comptroller General of the United States, or their duly authorized representatives, upon reasonable re oast. The Sponsor will furnish Lo the FAA or to the General Ac- cqunting Office, upon request, a true copy of any such document. 30. All project accounts and records will be krpt in ac- cordance with a standard system of accounting if ao pre- scribed by the Secretary. 31. It at any time it is determined bq the FAA that there is any outstanding right or claim of right in or to the Airport property, other than those set forth in Part [I, paragraphs 4(a),4(b), and !i(c), the existence of which crsaus art un- due risk of interference with the operation of the Aitpott or the performance of the covenants of thu Patt. W $~aer wtit acquire, extinguish, or modify eneh rhFt or eM11~t of right in a manner acceptable to the FAA. 32. The Sponsor will not enter into any tnaeuNon which would operate to deprive it of any of the righ4 and powsro necessary to perform any or all of the covenants made herein, unless by such transaction the obligation to perform all such covenants is assumed by anotMr pdblk -ganey found by the FAA to be eligible under the Act and Regulations to assume such obligations and having the power. authorityp and financial resources 4 carry out all such ohllRatbna. 1( an arrangement is made for management or operation of the Airport by any agency or person other than the Sponur or an employee of the Sponsor. the $ aor will resew. sufficient righ4 and authority to insure that the Airport will be operated and main4ined id accordance with thr Act, the Regulations, and these covenants. 33• Unless the con4xt otherwise regairaa all firms used in these covenants which are defined in tote Act and the Regulations shall have the merninga asaignd to them therein. 34. 4he sponsor will provide for an indepen- dent audit of this grant project to be made in accordaroe with the audit requiratlextts of Attachnwrlt P of Office of Managanent afxi Budget Circular A-102r and will eubittit the final audit report to the FAA with the request for final pftyDlent under' the grant,. FAA Ferm S10Q-.100 ta_~sl lAv~ 180) Paq~ 8 +, ,w .. DFPAR~1IIdT OF TRANSPDRTATZON - l~deral Aviation Administration 35. The sponsor will cronduct its programs and operate its facilities in accordance with the requirenents of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and will assure that m qualified handicapped person shall, solely by reaspn of his or her handicap be excluded fran participation in, be denied the benefits of, or otherwise be subjected to discrimination, including discrimination in enployment, under any program or activity that receives funds or benefits from this grant. ~ sponsor further assures that its programs will be conducted and its facilities operated, in canpliance with all the requirenents imposed by or pursuant to 49 CFR Part 27. 36. (a) The grantee assures that it will undertake an affirmative action program, as required. by 14 CFR Part 152, Subpart E, to ensure that no person shall, on the grounds of race, creed, Dolor, national origin, or sex, be excluded from participating in any enployment, contracting, or leasing activities covered in 14 CFR Part 152, Subpart E. The grantee assures that no person shall be excluded, on these grounds, fran participating in or receiving the services or benefits of any program or activity covered by this subpart. The grantee assures that it will require that its covere3 organizations provide assurances to the grantee that they similarly will undertake affirmative action programs and that they will require assurances fran their suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect. (b) The grantee agrees to canply with any affirmative action plan or steps for equal employment opportunity required by 14 CFR Part 152, Subpart E, as part of the affirmative action progra¢n, or ty any Federal, State, or local agency or court, including those resulting fran a conciliation agreement, a consent decree, court order, or similar mechanism. The grantee agrees that State or local affirmative action plans will be used >n lieu of any affirmative action plan or steps required by 14 CFR Part 152, Subpart E, only when they fully meet the standards set forth in 14 CFR 152.409. ~e grantee agrees to obtain a similar assurance from its covered organizations, and to cause then to require a similar assuraroe of their covered suborganizations, as require3 by 14 CFR Part 152, art E. FAA Form 5100-100 SW gip (3/80) Page 9 . , CIVIL RIGHTS (Title VI) ASSURANCES Regarding Compliance Nith_ DOT Regulations Part 21 The CITY OF KERRVILLE (hereinafter referred to as either "Sponsor" or "Airport Owner/Operator") HEREBY AGREES THAT AS A CONDITION to receiving any Federal financial assistance Prom the Department of Transportation, it x111 comply with Title VI of the Civil Rights Aet of 1964, 78 Stat. 252, 42 U.S.C. 2000d, 42 U.S.C. 2000d-4 (hereinafter referred to as the "Act"), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act oP 1964 (hereinafter referred to as the "Regulations") and other pertinent directives, to the end that in accordance with the Aot, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, De denied the benefits of, or be otherwise sub~eeted to discrimination under any program or activity for which the sponsor receives Federal financial assistance from the Department oP Transportation including the Federal Aviation Administration and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a)(1) of the Regulations, a Dopy of which is attached. More specifically and without limiting the above general assurance, the sponsor hereby gives the following specific assurances with respect to the ADAP Project (hereinafter referred to as "the ADAP Pro~eCt") covered by the Application to xhich this assurance is affixed. 1. That the sponsor agrees that each "program" and each "facility" as defined in subsections 21.23(e) and 21.23(b) oP the Regulations, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by or pursuant to the Regulations. 2. That the sponsor shall insert the following notification in all solicitations for bids for work or material sub~eot to the Regulations and made in connection with the ADAP Project and, in adapted form in all proposals for negotiated agreements: The "Airport Owner/Operator," in accordance with Title VI oP the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regula- tions, Department of Transportation, Subtitlq A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of .the Department of Transportation Page 1 of 6 (ASNAO--Oct/77) of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. 9. The sponsor agrees that the U•.~ted States has a right to seek judicial enforcement with regard to a,-,y matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts, or other Federal financial assistance extended after the date hereof to the sponsor by the Department of Transportation under the Airport Development Aid Program of the Federal Aviation Adminis- tration and is binding on it, contractors, subcontractors, transferees, successors in interest, and other participants in the ADAP Project. Formal submission of the Application for Federal Assistance to which this assurance is affixed shall constitute agreement to the terms hereof. ATTACHMF~IT 1 to Civil Rights (Title VI) Assurances During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the Aegulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 27, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulaticns, including employment practices when the contract covers a progr.." set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of ials and Equipment. In all solicitations either by competitive ng or negotiation made by the contractor for work to be performed' Page 3 of 6 (ASWRO--Oct/77) under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Aegulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Aegulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the sponsor or the Federal Aviation Administration as appropriate, and shall set forth what efforts it has made to obtain the, information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nodiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to-- a. withholding of payments to the contractor under the contract until the contractor complies, and/or b. cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncom- pliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. ATTACHMENT 2 to .Civil Rights (Title VI) Assurances The following clauses shall be included in all deeds, licenses, leases, permits, or similar instruments entered into by the "Airport Owner/ Operator" pursuant to the provisions of Assurance 6(a). Page 4 of 6 (ASWRO--Oct/7T) The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") tha! in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title A9, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.) That in the event of breach of any of the above nondiscrimination covenants, "Airport OwnerJOperator" shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (licenses, lease, permit, etc.) had never been made or issued. (Include in deeds.) That in the event of breach of any of the above nondiscrimination covenants, "Airport Owner/Operator" shall have the right to re-enter said lands and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of "Airport Owner/Operator" and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by "Airport Owner/Operator" pursuant to the provisions of Assurance 6(b). The (grantee, licensee, leasee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or b•~ otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the premises in compliance with all other Page 5 of 6 (ASWRO--Oct/77) requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, ParL•21, Nondiscrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.) That in the event of breach of any of the above nondiscrimination covenants, "Airport Owner/Operator" shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds.)• That in the event of breach of any of the above nondiscrimination covenants, "Airport Ormer/Operator" shall have the right to re-enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of "Airport Owner/Operator" and its assigns. *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. Page 6 of 6 (ASNRO--Oct/77) § 41.1 04 IronPo~otion 1'fll{q of 1hs Sscrdo~. Soytpls ~0NpISCA1MINA OGRAMS PA OF tHE DEPARIMEHI ~IIONAH~f POAI V1 ~f tNE fly ~ g1t;HIS ptt TIIt 14b'~ of tb>a PaTt- 82a1°.1 APP~catSpatto PT°>dbtt~' 2%7 ~upl4 n ° ~O tt8~tt1°as lisnce. 21e 1 Cond°udCUtieti~ YeffCettni come 21.15 ~earidBa~ and n°tlcM~ 10 S t°rics, and ii1KDua~ctsi ~ acne .r~tattona. 221 ~1 gyeot~etlolD;- tne ttona. to ,ybteb ttds Pptt 27.22na ~A, Actlallttas O1btcarT t°blep~ e APPa aPP1~cC1 s prim y`tata APPa~t uLPthe Peder t mPtoYm°n ~~t 18 to P{Oatde p~ 71 m c°~ V ,ppandti wtn }e6~~n ~e5d *"'1~.~cN~ i1 1 tbf me ptOnrl~'C~s+a` U9600a~t. A~ nn~ ee°-~' ibu Y-rt Sl r++ ~~ atur~+a' Pvo~~ ~ ls. 1x'10. nalsla' gomµ; sA T,g. loof°~ . -PP~ notstb ¢ ~ parS~ of 1h1s P aWa ~ of m .~be pri o ~ o ~ roWattsc Ctv11 p~bta ~ t 1 Siva ,Q,~,Irar. r chfv sti~a 1r1 ~~ ~datyo ~tEd yoW t~~ htblud'II~~ . y ! • of p,°s. tErred ~ ~ QnA1 ~B ~ na~tlonr~ ° ~ S ytas ~~ on ~ ~~ ~elr ~ ; ~ ~EluA~ty ot.~a ~p ~ ~ pYaz~PO ~ olha ~ prpEt-~ W soHTd~ aPP ta11< ~bf ~ ~ aett~~w~DEpa'cta's°t to ~ 1~+p"r+' tutudla~°t~ w~ p°~'CtanaP°~'ta~a °t rhLp"t. P w° p oN 8 sed9tu't Wa m ~~ .reW~or `4).y APD dOaPFUEE t4 ~Vg~taII~ t9h~ thlh ~trayp,OL ~ Ot raOE. Op1pr. 1tµ ~ ~~,.,~ y aulyotY.~~~ IIt4~p ~s uapd~~ I~, Da~ n~°U,y! pa~b~t :o'fld~ tLaAfs ~W t1~ a~d-~ p~ns~A ~1~p4oPETCI d epTOs[ar°: ~ earAEE. ~~ y dtt° tl~ UArFA~ ~ mons7~~ !1~ t1t W> pca+ldE t ~ a psT ~p~elent m'°' {~-~ygSbt'[E~' ~ d~4C~da~ ~~t DE" tETEPtc °T ~~piO~ddd ~ Ot~T• II~~ t~m~t ~ ~~ mow' ~u PW 8~ We1P~reEt - ~ t to ~jssAo°. i~t atP'pav a~~uflsnEl'a ~~~; e,~ roy~ W, , ~ ~ t°`°EDt ~ ~ aLT ixr waF) u1O;'e~,~asta~~pp~«t °'~~..e~.aeas p~'m~ ;Lot ~,~~•~~ ~~' P Pss~~O~ Dua ~~T°~")a~aa *t0 eer+t a ~tot~° ~ oNaET~~ Mty" w u)~ wb°sE~D~°Epa~,°'E~tr-dvat ~~ '~S'ta .- ~ lna~ ~k r[°°tr" elcESO)Ndh~a ~ ~,ditl< ~ oLhsTS~ 0r o ~~ vt t3) ~ plttma~ ~~ tiss q.lnem~~atdch a ~ ~ ~sT a1t~D ~ ~,,,ns p~lo~, ~ m°11~ 'w ~ ~' oot>~ y'~o 9`~"'- An7 of aa7 sylsatlo mESt aa, of t W anY ~ti ~ ~ ~y~ ~~4s4 ~TV~~Eps°C~~L an °P tpprtpsot~isbp~c P1~ W ~ ~ ~A1y 1• ~~~ae t~ya~slth t~ tL~t°dia a aM oS 9W°t• W Nu yon~'- Tide ;4~lfa„•r of a taow ud W ~} tt of Datt estc 4 41•T lies, e~ t th-1l to to Yt, ihL1U oDer}Led 44f.S ulatton avP ance arU' of TTOTNpoAOtiOn to ghi:.lt this re8 apb ll) of entire taai}itY U~te ewith. 2'he eea~o~lnf tct o axaft o cralotY or ~_ of NbD s the t h r~~' will 01 th1 ~ the D{OVti ~o yn yhaU aDDly LO 1D1~~ °c sli~aD~ tot eaa _,ptAN ppdet -nY DroftaID the ay- dces of th° rea anon bleb nYe W ntrac rs and k rrt -DDlita. a TeH t-Llon, ~ Subtitle A ~pitpatton ettte ~yp~ent Dtaa blect LO re eta, t w which tnte v pet fate a~mgecU roods su ~ feu equal- 01~n=~ of aubitan ems. succtss°t ~ ~, ~ ~uC]L wrYlat~.n~~j ~ y~ pu apt or r ~1oYenor otercome Ialtlce or ~ We estent n LYt~~°~ non ~ ~~- ~>xpntr-ators~~ p-rttaiD~ ~~ in- W p slit}, oT ~h Orof~m• uyvor- ~~ ha nttor dixT1 &betnce of DTior d1s- tV of oyyort~t ot, htnetl L ate a ~ u m~~st, app sttoh W~ tT,t Utd~ ~~ and raons to be ~ ens such Pro- °~aBt• Ectn ~ ~ ice or uan8e~ a r oet vit7 ~ (d~ ~ t~iDi~tlomcatf°° of oI t~p,~Eect ~ludeaDTOYis~yt wv' ~k i~ f~ tpttityltp D potciyrecWy ore ref utlltise j~adminl°teTWa t aD4 {~~ Xvetted to «on of a site ~tyt sei~onrSd~ iroID ~ ~En s ~ whert~ ~ ~otID tratton is P artli pgtion ffi when t°°de tid ~ 6o dtnY ~tm ~0 1s Dtovld s NLttLta, f~ni' may oth Lo which th ctloon to ess ~~~ o methoas~ t yubl~n~'t ~~ at1Ye a tr or, Oae o2 th fate a~nxcluded m D t proBr~ oT _ cn have the eB tton ytq ~ ~,Ye person the benefits ~ oundalof a,, ~ ~°it ° ~ en9l~L tbate o ~ftot'nds ° °~ uoPp Tu°tn t lta~ t1oY'~ri sons ~cotor~oMtpinpa o~°f bs ~e~ °Ca~t~ort6ln~ tires c ~ Rt~itcn ~'larulottnav~ R ~,'6~mi p~ rlnmsCrum n ~ ~~. ~onrr ~"°dj aTim- ~ Latgrt~D~ti t~'pp1foRT-m~ 1Lhttts~ o o ~(e~ ~nuv Feder11fs1aT4nctai ~ - ovlde ti~tSallPOh°v~ thegaTO~ nt tsanst~ ~ yya a~f~ wltilOh ~ of w v ar Tar tl) ~ of ~ltee tan tcttva of tlile -m+°ed nlnftton tot the ~ tot a DuTVO`e U ~ °ati°°adeie Hi'°'tnwf ~t~ ~o aDVi~'°t t°yta~j'gmhent, a reatD~ not Nt~P ~ BehPR~ ~~ ~R t'Nf7 ~'ny a, le~si l~ ro ~ f0 a ~t~p asdiat ~~lv. m ~~~..uon _~~.atftat plods} m tton onoY ~ o ~t~ludlnf 9s ~°ri` b~ t- L~hbt''ooih °Dn LttaCa~ytr~n ~~cot °T ~ ~ "~ A~»n~ SYEp ~Po~R! ~ ti ~~~ oPPlagre p~~t gedetal ~a6" mop g or ege~ the benegte °n' updeT ~ ~ n o th t~ l~ emDl ~ciudtnf sA- [a) ~~~,al fatte 11avt syD bene8 tt~Tetn fi~ t ptoyeTts of e [ o re• pede~a~~ wlil ~ twhbNah D°raate. h or tiz't~ Q°n t~heot w merit +~m'ilatt°n .}ones wttonal otleAu~, yrortam tn'~vertuuu• a e+er! D- aromd o~tm~vYO`°d~~etp~~r~i- y~TOftam W whl of nCe. color. er egtct of tlces v entr or recruttmt D~motton, dr ~czpt a y TMpya VsUt ~ ~d vtil op the frotm ~ the DurP'~s° ~ atrinf the erttitm ~• upfva~~o4. terr~'stlon, eb) of t1tU a°aWOe a ton a }Atot W tnt tT+r~~ ° ~ aefa~sttne ° apnLSO~ibe oDls~ves of Wa mh1 ~ kramtothet tormt of comya ~ yllattiYtae a lOOtllt7 aheatti~~on of ~ it~nnt ~ p~~ 1s ~t-~ ratRa of tbas ~ kteatlon ter tirsUiloa~ W y~aDPTpeal and ttt na yursuan yrogertT• ~aTai Elov dtf~enoon~ ~ pct OT this ~ }dross ~ w~ ~ d ~ {~ r~i~ ~~ spDTtnt4att~ ean9 ~°> . 8~ ~~ reae~ p~auan, LoLLt-v'~t tnt~~- eostn>n~~ Tight ~~ yonthe vrO ~ tats, Brian a y~~p teeel ~rrtte. treatm~e amtfpytt°0~~ ed. ~ ~niea bY• ~da~atad or tritil~~dte- couDg went to t'~a preach of th a~he .ttd_ ~a u{d~~p ~tne1ubd~e~ de~vdSt~h t~~ Cana ed ~EV~g~,p~1o'~ MLA 1n oornyl 4n ar 4v~ yi linen- ~ ynv hert~lna ~ t{on tthe 9TOHTarp 4, ~ ~ ti r~~eaeti ~~~ ~.~.~~.otuy~eeLn. o~ ~~ ,~ynon*-~ ~d ~t~ ~ ~ ynow ~'~ lst+,anoe~ ~a~pe, l°s; ~st~ >~~ ~ph~icn ~~~ o Ot~nt `ancrw- ott6D~h~ no~~t ~a ph <~°f ~~,,ifled tn° lv~`sy pr an] ~~a w~ntete the o~faln the t~ or~tnt°r°d LbE a as ~ ~ptopet~t7 yT°D~` ~ ~ y~yrohlbttlon In yarafta fSe ~' gaxu whM3s evDet`sdt~ tt.#6dst°Aee a- DrovtTt~• or T tnre rt1,~tTeon• nt, o`~ terse of~othaTY-Ya~ tot ~' n, ~ of ~' - traltnf tton ~ ~n~tunded or ad ~ n ~tcetn or att~ a~ ~e TLC10u er: the .iaf ys seeDTl rovemE for ord th a~~nple.p~~ ot~~~t c9> aeae~eer law. ~t *hiah H ~ spa ehato~ ~psWU ~t dnni wh~ tti y U~ o511nL~• °°sT,t u~Ey~p arty w pUoation ot~~~~ ec~ntab+~ ~ Ap. 0~ fh~ DeDa~ ravidin loss a Deb uryoee tee aftN. lrs Ya the D tp "the Sot ih a y tsttnf. toi wttlon Na7 w eertaut ~~ ytsred~~ obS~de these set torch trvpeteree~s ~ pert tototal a~tanoe 1a ~ parpots ~ Beeretats treE ana >; ~~dl~ic Cut ih~ ~ pot yoT~tp tttonal~. Om9~'~ 8 W tLfa D~tobyecttve of the whttyh t~ Paaeraln6th~ei 4ay~t p°t ~YOloT ~ err ne~ o~ ~h~~ ~he ,conataerat~l Put'-p6e ap~sgect~a~a of •' rounds of rect. raL- wtitone,reT la }halt bttgate tot tsYeTai°n a bi-nas. lss noted fns a'ra~~io >ettAt7 t ~d~tbe prygSnt in the em4 the BT bonds of ptoptrts. the assttrar a durtnf ~~ mo ~)a~w~~a? 8 ut uT °g 1~e uaA the ptofrarn tents. rtciDlent or other peraorts other ca ~t tot tbs vs is l~aetal anctal Basle tjdie re6ulattan tends. prtftn, ~ exclude the rte -pD a fie. color. or Hatt pn ~¢i or tionat tn, to QetalvAnanaiQ a~ssis~tan~e when ups ttsatlo ounda minaturs race, hies rtar of raa solos. dividuals o i °m ~4 of ~trptO '`n yto- ~ ntance is w>'~t foi the apnstTUs ~Wtien D ~ctd dunes e. auaU !n ~1e bens} pndeT and to t0~di'aTUasn°tlon usage tends. or1s~ to exat a t~m~~m the tn~meQ~ or~to eub7~t them to ~`- Sublitb A-t51Acs o! the Sacntary of Tramportatlon 411.it {t1.1k to carry out a program tnvolving con- tlauUlg Federil 0aanctil assfatance to which thL Dart aDDUee (including the programs (Lied !n Appendix A to thL part) sbaU Y • CoadlUon to fta aDDrovil and the extension of any Federal itnan- clil aeafetance Purslumt fA the aDpllca- tloa (1) contain or be accompanied by ~ statement that the Dragram b (or, In the case of a new program, will be) Conducted 1n compliance with sU n- pultemente ImDOesd by or pursuant t0 this part, and (9) provide or be accom- panied by prortslon for each methods of adminlstnUon for the program Y are found by the B«retary to glre resaoneble guarantee that the aDDUcant end all eeGplenta of Federil IInanclil assurance under such pro¢ram will com- pl7 with all reQWtemente fmDOaed Dy or pursuant to 4t11s Dart. 1 21.9 Camplianre infurmalion. (U CooDeratlan sad aaslatanee. the Secretary shall to the tallest extent praoUcable seek the cooperetloa d re- c1Dleate m obtaining corn pilance with LhL Dart and shall Drovtde smfettnce and gutdanu to reclDlmia to help tbem comply voluntarily with thtt part. (b) ComDflance reporq, Each reclp- leat shall keep each records and submit t0 Lhe Secretary tlnlely, complete, sad escunte comDllance teporta at ouch times, u1d !n each form end containing such lnformatlon, Y the Secretary may determine to be necessary to enable him to sncertaln whether the reGDlent hY oompUed or 9e complying with this Dart. ffi the case oP any program under which • primary mlDtent exttnds Federal ilnanefal neslstanee W ant other reclD- lent, such other recipient shill sdeo eub- mlt each comDllance reports to the primary incipient Y may 4e necessary to enibfe the primary reelDlent to carry out IW obUeatlona tinder this part. In gen- etil recipleate should have avallable for the 8ecntary racial and ethnic data showing [he extent to ahtch members o4 trdnorlty groups are beneflclarlee of programs receiving Federal Ananclal Yxlstance. • aDDroprlata. Subfltla A-plllca of the facntary of Trontportaffon 4pt,f7 lytt~ ~ 7L1S Hearing (a) ODDOrtualtY !or Aearlnp. When- ever an oDDOrtuNty for • hearlns 4 reQUlrod b7 1 71.17(e), rcasmabls aotlee shall be slum by res4tered or aartiflW mW, return receipt requested b the ~~ aQeoted aDDUcant or reclPlent. II'hL no- ~ ties shall advtae the appllcant or re- ciplmt o1 the action Droposod to bs laltm, the apetlflo provfalon undo which the proposed canon asalrYtt It L b M ;i - taken, and the mutes of fact w law ~ aaaertCd Y the beat lo[ this aotlon, and ~ elth9r (1) fix a dpte not 1sN than 70 flays after the date of such-notice within . which tits apDUtant or redplent m-y request of the Secretary that the matter f>• scheduled for heaths w <7> -ddse the apPllcank or 1ea1D1ant Lott the matter fa puNUlon has bNa set down for hear- ths at a s4ted plans and tlme. T'ha lima and Plans so n*.,n shall M rweooabla sad shill be e1rblNt W chaase for eaaN. The eamislalnanR u any, shall M advlNd ' a! the tlma and Plans of the haarlns. m appllaaat m [edPMnt may wa/ra • bsaltns and sgbmlt written lntarmattm am at/mnmt far the raoord.l'hs fatlmn of an atsDllr+nt or recipient W request • heaAUS ender this Datasrapb or b appear at • hes,rlns for wbbh • day boa ham set abisll be desmed W be • wslvv a1 the risht b a haarlas wader section X07 Of the Aef and 1 71.17 (o> and aoosaat b the matWS of • deatdan om the baW of egtadt lOfarmattau Y L svaUabla. (b) 7-Ima sad Discs o/ Nam4rtp. Hear- fap shall M held at the ofLoes of the Tkpartmmt !a Rashlnston, D.C., at • Lima died b7 tea 4eoratary nnlep ha datNtdnae that the ooavmlmN a1 the avpllaant or redDle¢t or of the Depart- ment rqulree that another Dlaee be ssiaoted. 8aarlnp shall ba hdd :riots the Rsm'atary, ar st h4 dl.metlon, ledon t. anawtt6 sedtlM 7706va~inttlatld ~. C'3lffed . BbtN Coda. Or QetaUad ondar erdtlan lit{ as t7tla e, Dnltad 9tatae Cady. (o) Right to eoaaesl. In all propeM- tnaa under Sbls Notion. the aPDlleant ar reolDlent one tbs Department shall hAra the r1~lt b bs represented by oouossl. (d) Proeedurea, eDldenos, and record. (lt 74te bearint. dacldon, and any ad- minletratln nvLw thanof shall ba epe- ducted 1n contormlty with sections 554 throush 657 of t1Ue 5, United States Code, and !n acewdanece with such rules of procedure ea arc proper (and not 1n- conslatent with fhla aectbn) relatlns W the eondaot of the bearhtt, edvins at notloN atdteepumt b thoN provided tar !n DansraDh (a) of this aeoUm, talons of CeetlmoW, exhtblG, araummla and briefs, teques4 for flndlap, and other related mutma. Bunt the DsPartmmt and the aPDlleant or teolDlm0 shall 1st mtlUed b Introduce all relevant avl- dmee m the latues as aWted to the aotlae for bearlns ar as deteteifnod by t'he ot•- aer eondaotfas the hearlns u ttN outwt of w durlns the hearths. (7) 'n...[.^'~' rules of erldenee do sat aDPl7 t0 hearirtss conducted pursuant b this Part, but rules w Dr1nclDles deslsned to assure Droduetlon of the mast creAlb4 evidence avaUable and to sub)ect Leen- moay Wrest by arose-ezaminatlm shall be aDPUed where reasonably aaeeNary by the omcar eondrtcnas the heutns. 4'be hearlna omcsr ma7 exrlnde Irrelevant, lmmaier4l, Y emduly nDWtlous evl- dence. All documents and other evideaa offered w tatm roe Wes neord ahau M open W examinatlm by the parties and oDPOrttmlp shall be alum b retuta teats fwd arsummb W-apoed m either side of the 1Nrtes. A transerlpt aha11 M made of the oral evldenoe e:aept b the aztent the subatanN thereof L sttDSlatsd for i1N yenned. ell dectsloos ahW ba cased etpon the hearlos raaord sad written fJadhtp shall be mods. (e) CoYOgdsted or latest AearMW. Ice eases In whlelt the cams a related faeo aro asserted b ooosttptq aoooampUaoN with thL part with reYSet b two ar moo Drosrams b wbfab this Part appilr, or nonoomDllaooe wlt~ tttL Dart and fife resWatlons of toe ar more other IrWmal departmmb of aamdas 1Naed ®dsr doe VI of the Act, the Rsaretary my, b7 asreement with mob other depart. menu ea syeaatss, where aDDUOable, pro- olds for tba omdaet of eorrdfdated a Saint bearing, and for the apDUoaflon to stteb bearlnDt of tWN er Dr'oeedmws not lrleatldattmt with thL Part. Plnal tl-- cLlons Fyn niah pasha, lnaafai Y tilts fns. ulatlon is cmcerned, chaU ba made 1n ac- eordanoa with 17L17. ~ 51.17 Deddooa sad entices. fU Praedwe oa Q.eclHOns hs Asartas exominsr. It the bearlns b held hs • hear'!ns ezaminer, the hearlns aammer shall sinter mate an 1n1t1a1 deoLfon,1! ao authorised, n OQ'tlfy the entire lepord laclttdltts h4 reeommeadad flndlnis sad Dropaeed deelafan W ttte 6em'etY'7 !w • final deeLien, ant a eoD7 of cosh fnltlal dedafon or certlflcatlon shall be mailed TINa 19--Transporbtlon to the aDDlloant or reclplmt. Q/here the lnltlal deafalm L made by the Itetrlna examlaer the apDltcaat or redpfeat may, aithln 90 days after the mallins of such notice of Inltlat dedslon, ilia wfch the Secretary h4 ameDUone Lo the 1NtW declstoa, with hie reasons therefor. In the absence of exceptloas, the 8eoretary may, an h4 own motlon, within 46 days after the Initial dec4fon, serve on the applicant or reclpleat a noUCS that he wlll review ills decision. Upon the filing 01 such exceptions or o1 notice of review. the Secretary shall n-lew the 1ntt41 de- dsfon and Issue h4 own dcclatoa tbereon~ fncludlnt the reasons therefor. Ice the ab- sence of either exceptions or • notice of nvicw the laltlal decsion shall, rublect W parasraph (a) of th4 seetlon, eonatl- tute the Itnai declsba of tfu! Seentary. (tit Dec4loas oa record nr r., vtem Cy the Secretary. Whenever a record fs cer- Ufled to Ure 6acrttary for decision or he rsvfewa the decWon of a hearinC exam- I[ter Duzsuant W parasMPh The gent or donaWon of Federal property and interests in property; (3) The detail of Federal Peraonuel; (U The sale and lease of, and We pernilealon to use too older than a casual or transient basis), Federal property or any interest Sn each Droperty without consldencfon or at s nnminal considen- Waa, or at s connideatlon which Is ro- duced for Lhe purproe of tasL+ting thx reclDimt, or 1n recognltlon of the Dubllo lntereat to be served by such sale or lease to We reclDfent; and (O1 Any Feder! agreement, arrange- ment, or older contact which has u one of its Durpoxe We Drovlsion of assLir anCE. (d) '•Prlmar7 reclPfent" means any recipient that 1, wWorized or required to extend Federal ilnancfal assistance to another ceclpient for We propose of CaT79111g out • program. (e) "Program" lnoludee any program, -.ro1ec; or activity for Ws VrovUfon of tervlcet, IInancfal aid, or other beneata t., mdlrlduals (lnchrding edudtWon or trafving, hea1W, welfare, rohablatatlon, housing, or other serrfca, wheWer pro- TIHa 49-Tmnsperfation vided through employeat of the ieclplmt of Federal financial aeatatance or Or0- rlded by others through contracts or other trrangemmL with the rec1Dlmt, and lnciuding work oDportuniWes), or for the provldon of tacalWes for fnrnt.nl^e services, IInanclal aid or other beaefltt to lndlviduatt. The services, ifnanclsl aid, or other bene0te provided under • Dro- gram recelvlllg Federal IInantdal aselst- ance shall be deemed to include any services, ntlanctal aid. or Other bmellta provided with We aid of Fadersl Gnsn- clal aseL+tance or with We aid of any non-Federal funds. Droparty, or other resources regtdred to be exDmded or made avaWa6le for the Drogra.m to meet matching requfrmlmte Or OW1W condl- Wone which meet be met 1n order to ro- cdve the Federal flnandai aeefatance. and to Include aqy services, flnandal aid or older beneIIta provided fn ar through • tadlity Drovided with the aid of Federal flnsncfal aeaLtaaca or euoh non-Federal reeouleee. (f) "ReotDlmt" mp mean any Bt1•t0. territory. paeteedtm, the DLtrlot d Columbia, or Puerto RJCO, ar any po11t- Ical subdlvislm thereof, ee tnetra- mentallty thereof, any Dubltc or Drinta agency, lnsWtntion, or organlntlon, ar other mtlb, or any indivWual, m soy t9tate, territory, poetasfon, the DLtrlet of Coltmlbfa, or PaarW Rico, to whom Federal Aaanclal asdstance L Mended. directly Or through another reClDimt. far any Dtngfam, lnoluding any suoea- tor, aeslghee, or tlanderee fhelaof, bat etch term dose not fnolnde ally attdmaY beneTtelary antler any sash Drogram. (g) "t9eoretary^ mecca the Secretary of Tranaportattan or. except In 121.17 le>, any Demon W whom be has dele- pted hie aatllorit7 m the matte OOnCeTnOd. 1r-aitnnl 1 acrrrrtm m w~ rev sea avnm 1. ON Of gnat IDxda !D aD1aa0LmII with Psdw-aid blghwq tyttxmt pt IIJ10. 101 K esq.). 9. IIM of grants madx m oeantotlm with ma ffighway gxfxty lot of SOM (Y IIJI.O. w1 n eq.>. a. IIr o! gnat. to eoanexttaa wlm tdu watfonal 1Yame and Rotor Ven1Wa axfety Aet of 1660 (le IIfl.O. 1661-140D, 1491-1490). a. l,wa of rest proparq ana the grant of psrmlL, llrnaes, axwmxaL and rlghes• of-wxy emeMg [tai property aadr aontml ro Iha Cwtt aaaM (14 IIJ.O. M (a) cad toll. 0. IItlllatlon of Ocast auatV psraonaW , -nd fscllltlr DY -ay aLta, arrlwrr. po•- - swfoa. or poatlwl suadfvlaton thxrxot i(1{ IIB.C. 143p) ). e. IIs of Coast award peraowal tot dory la mnnecum trtm marltlma lnstructlom, end tralNng D7 ms 6tstr, tsrtltdrir, and Puerto Rico (14 II8.C. 146). 7. IIr of obsoleq cad omar Coast auud metenal by tea .coot wrvlos of coy aeoub of Amertcx, coy Ipaatponta unit of mm Coot Ousrd auxltlarr, cad pubao body or private orgxalraaon not orgaalsed for groat (14 II.9.C. 611 tai ). e. O5. Cgat Otrxrd Auzlhary program (14 QS.C. 99199 ). 9. Ox of grants for me •ttpport of Deck sclenttflc rrcareh Dy aonproat tnatftutroae of higher audnon cad nonproat organiw- tloas whow primary Durpgs V aonduot N sdeatfao exeeerrh (47 IIP.O. 39e1). lo. Qse o[ grxntt made m aoaneoWaa vnlh me Pederal-ale AlrporL PTOgnet (seq. 1-U and I7-70 of ms paw Airport 1c; Y IIE.C. 1101-111{,1116-1190). 11. Qr oT II8. land xequaa lot puDbe xlrporw under- .. eectloa le of ma paw 11eDost eft Y IIB.C. 1116; xod D. aurplru >'roDarty Aet (wa 16(g) a[ the 9urplux Property Ant or 1e44, e0 IIa.Q. app. 1679(8), cad re. 6 of ma let of Oat, 1, Ie4e, EO IID.O. App. 1e99b). 19. Aatlvtnr oarrla oat m eomecnom vAm me Avlxtlm gdugtloa program of ms 9wawxl lvlxefon Admlmatratloa under wo- Won. bro. i11, and 61e (x) ro tM lades A~lattoa Aet of 1e0a r ameadW (Y II2.0. SMe, 1609, cad 3664(x)). 16. QM Of gtxnL xnd foxy mWx iD Opa• aaetlon with IIrDan Yes 7trrupot4W/m Oap/L1 1xo11ltlr otrxat and I,axn lsgram- IIrGa Pgaas iYxaxpsgttm 161 of 1014. r am.aaa (w os.II. lemy. I~ IIr of ir>mtt made m ooanxeuoa when IIrbxa Nat 1Yaaxporwaoa (R.rsxreh xad Demorutrstloa ar-nt Program-IIlDxa New 7Yxnsport-aoa sot of 1064, r mama (Y ae.o. lero). 10. IIr of grxnb made m eeanaotloa with IIrDaa Nxr 7raasporlaaoa 7'shnlexl gtod- 1s chat Program-IIYDan Nxr TnasDortx- eon sot of 100{. r xmeada IY IIJi.O. 1607x). 36. IIr of gtaaL made m eoanaeWOa .lm IIrDxa New 1lanrportWOn Nxoagxrlxi Stftnios asst ptogrxm-IIrpaa 6exw 74xnsportatfon let K 19M, Y ammda (Y II.g.O. 16070). 17. IIs of gnn9e made m eoanraon wlm IIrbaa Nar 7Yxaspor4efoa araab tat aa- aearch xad 7Yxtamg progr-ms m Inentu• dons of 81gDar I,rrnmg-IIrDan Lxr Tnnsportatton lot of 1664, r amxnda (M QP.O. 1607x). li. IIw of P'xalt made m ooaawpoa then Ina Hlgh BpaM around 7YaOxpeelatloa 1c6 u amsalxe (Y IIJ.C. d1~N). ~ Subtitle A-OfAc• of the Secretary of Transportation App. C AM, C AF-nmII 8 eonvn-[n ]'O wNICH TIf l9 PAnr aPPI.I® w=L1 • PIIYAar Mle(-rtrx O/ rrn tmL1AL 1iNAN- CL1. AYn1TANCn !a ro norms O[rl.0il~ax 1. Apptlacma Regional Develppment Act of lees (ao Qb.O. App. 1 at eeq ), APPENDIx C 1PPLICASION OF PRAT 11 TO CERTAIN rEUEA1L F'tNANC[AL A9a[a'LANCL Or TNL nEPAa2M£NT OP raANLPURTATtON Noad4alminatlow an Federal]/ JaNefed ProJccn Inl szampW. The followlns eramplN, a2thout being ethawtlva, 1Uwtnte the ap- pI1tTAtlon of tDe vondlncrlmina[lon provWOne Of thin Dart oa proJeen melving Federal tmanaal uetet\nce onset tDe programn o[ Nrula Ikpartman[ m Tr-neporLNOn opar- atmg edndmAtr\ClonLf 11) Federal /vlanon Idmin4hstbw. (1) The atryJrt apon\or or anp of nL leeeeae, ooa- LYe10061TN, nr fA)ntracLOre may OOL dIELT- Lotfab Oetween mambm o1 tns Dubho hecauN of raa, color, or naaonal crisis m turniamng, or adrnlttmg to, waiting roomn, paaLengar holdlns areN, aua-tt tleQOwn VNI, rNtanrant faCWt1M, tNtrooma. ar Sa- etllttN opentW uadv LW tompauDle Lod tIM mauDt. (ll) 'CDs alrpwt sponaot aad eny of DL IrnN, macarlonalrN, or OaatranL021 mast otfnr to all memn.r. o! thL public thL Lama dyrN aaa typL a Nrvtd wtthouL rogaM to tad, mlw, or oatloaal origin. 7'nL rut applid m axed Des opnnLOn, rNLnnatn, snack hen. girt shops, UatLt mnnten, Dag- gase haadim, oar nnw egenar, 1lmounaN aaa taw henoDLad Dy the alrpon sponsor, lneurancs unaerwrinn, aad other DwlmesN catering to rho public at the airport. (fit) An elrCraft operator m-y not he tt- qulred to park ate alrctafC at • locatloa that In lace protected, or lean ecceeelble from Lhe [erminal tacRIWN, thin locations oaered to othen, bet\w0 of hie race, color, or netloaal orlgtn. (IV) Tae pilot of an alrcratt may not be required in help more extensively in f sting operetlow. and map not bn offered lane tn- claeaw earvlce pµch N wladehlefa unpins), Lana other pilots, Decaues of his race, color, or natfonsl w1g1n. (v) No pilot or erewmember etlglble for access m • pilot's lounge or Lo unomMal commualentlon feellltlee each u a UNICOM hsgbency may be rNtrleted In that access because of ate rata, color, or national orlgtn. (vl) Accde to taotlltlee malntalned et the avport by eft nrriera of commercial opete- ton for holden of Lrst-clus transportetlon tlcketa or frequent users of the terrier's or operetor'e 9ervlcN may not be restricted on tan basic of race, color, or national origin. (vll) Pusengere and crewmemben seakfng ground ttaneportation from the airport may not be wlgned Lo alfterent vchfclee, or delayed or emDnn•eased fo wlgnment to vehicles, by the afrport Lponeor or hie Ieseue OUncesnfooalrN. or cou[r\cLOn, DeuuN of raG. OOIOI. Jr natlnpal Orlstn. (v!y Whoa [hare are two or more sftea Dnvmg squat pount]ai to Nrra the NIO- nautlcel veede of the ann, the afrport epooaot \aall Nlact the e14 lent likely to ndv erssly •dect e:letmg dmmll2lLttY. Buck L14 aLgae• uon shall Dot be made on tna OnaL of faa- Dolor. or natlonsl origin. ftxl ]impfofinent -t obligated aU1xvL, fII. cluding employment by NWnta end eoa- ceedotlatrd ahdl W avWaDle to all regsM- leas of race, creed, Color, Nx, w IlatleotN orlgtn. 7'ne sponsor shall omrdmaU iris n1r- pw[ plan wits hL focal tnwtt aumorlL) aad the Urban MwTrawportatlon AgmltWtre- aon to ascots pubRO LransporLtloa, ma- rement w the dleadvantagea arms of nserby mmmumtlN Lo enhand emDloymeat oppd- tumtfN tw thn dLaavaatased aad mlaorfty populatloa. (x) The spowor shall assure that the minority bw1nNL mmmumty m hu area Y aavfaed of the opyortumtlee otterW by alr~ port mndmlona, and Clot D1aa an nolldted from ouch qualllfed minority drma, aad award made without ngald to tad, ease, w natlona] origlrl (71 /edaral H/pAwap Adatfatefrallat- {t) ThL BtaL, naUns through iL hlshway M llertment. may not dlscrimmaU m lb aetaa. Eton and retantlon of contractors, fncluQtag wttnout Itmltatloq tnoN whoN LfylaN arw rotataea tor, or madenw to, maatrmtloet, plaonlas, rne\arch, hlshway eate[Y• enprww 1ng, propert7 tnaayemaat, aad fN oonfraese aad other oommttmeltu Lam pram for aer-. 1cN and espetuN iacldeatal to the acquLi- tlon of right-of-way. {ul TLL Bra a may ttaM1 dlas4mteaae against eltgtbl\ paramx m matins ntoeatdm payments aad m peorldlog relaoattm ad- vlLOry eaelLtanoe wDere nlontlon L aes• stated by ht8hwa7 r1sDt-of-way aoqu4ltlona (Ilq Federot-aid matractore may not dle- erlmin-n In taetr LNeatbn aad reuntfaa of drat-tler LuDeonOeoteea, aad firs]-tlr aaa maLtaaWro ma7 cot dlaatmla•4 to SDO Niaetlon end retenuan at seoood-dsr aa- contractors, who partlclpate in lvederal-std nlghwap comtrvctton, ecqulsttion of rlght- ot•way and related proJacte, lacludfng thds who supply materials and leas equipment. (1v) The state may not dlacrimfnata ngafnst the traveling pvDlfc and DuNaaee users of the federally wfeted Nghway In Lhelr access to and we of the facUltlp and eervlce9 provided for publfc accommoaadona (such u eating, elaeplag, rest, recreation, sad vehicle aervicing) dnatruCted oa, Duet or under the right-of-way of ouch alghwaye. (v) Neither the State. any other persona subject to this part, nor Ire contractors and aubcontracton may dlecriminate In thels employment pracaeN m eonnectlon with highway constntCifon prnJecb of other protects assisted by the Fedora! Hlghwsy Atlminlntratloa. Title 49--Tnnsplnrtatlos (H) Th\ Bt.aq ahaB aol lovtL ar assist] ~ hlgppay In Nab • meAnat Y b raga]: a, Wa tna 1fYla Od ta0e. OOIw, w rYtlmal orfgm„ Rae relocation of any Perwns. (vlt) 7LS B4te snail trot IodU. aaasq OI construct • Dlghvay ,u avoh a mannc Y W asny rwoname stoat W, and ttw thateof, to \ny persons oa the harts of nd, otgos, or na[lonal origin. (81 Urban Yus Tnnelrorrsifoa Adm1w- INratlon. (t) Aay peron woo fa, a eeeb W Da, a Patina a( any patab vWtate which U opsratea Y • part of, of m mn7uaatioa wltn, •proJeet Lhatl De given tDe same aodLe, eN[Ing. aad other treatment saes rogart N the uN n[ each vehlae Y otasr penoae wltn- out roeard to Lhelt recs. mlw, ar natlaaal afgm. (ul Nc parson was ts, or Leah to be, w eroployN of thn ptoJeot Lponeor w 1LnLaN, ooneeMOnalree, eoatraCton, Ildneese. or any organlYtfoa furnlahfng puDlfo traaapoxta- tloa esrvtd as • part ot, or m mn}ubotlon with, the proJeet anal] bn t[eataa leN ta- vwably tDaa any other employes w appacaat wltb regard Lo hiring, dLm1aY1, aavame- meat. wegN, Or say other omaltiml aad Deaedu of employment, oa fee buds of nos, mlol, or national Orlgtn. (till No person or group of perLOna shall W alscrimlaated against with teprd to the routing, echsaullag, or quality of awed of iranaportanoa eervfd furnfehW Y • part tY the protect on she bWs of race, mlw, or aatlOaN orlgtn. lraquency or LeMee, age and quality of vehlolee aNlgaed Lo rovtsa, quallh of at-t1onL Nrving dltfarent roves, and lo- Ytlon of roues map sot b aeurrmnea tin Lhe baNe a race. color, m naUOnal orlgtn. (iv) The Imetlon of pro)eeu lagairing Cana aoqulaftfon end the QSepledtwnt w per- eona ham theft roslaaaeN end bvslnewN oa9 net bs QeterWned oa the meta as rata. color, or national crisis. (D) Obt[patlone of ihL olrport operator- (]) Tenann, contrmtorL, aaa eoneeeNnnatrN. iaM airyort opentot shall raquln aeon Nn• sot, mutrnetor. aad eoaoa~lonaln vino plD• vlar my activity, nervlca, or tecIDtp at the airport uadLr law, mntrent wltn, w !rm- oatN from the afrport. to covenant fa • form epaaasd by th\ AQmloiLtsator, Tbdnrnl Av1-tlon Aammlatntfoa, teat DL will comply sltb Lha noadlecriminwon raJmromente at Ent. part. (71 NoelAcatton o/ Dene/fciarLN. 7Te afr- port openmr hall 111 mats • Dopy of th11 part weluDle at hla omoL for 1aspNauo dur- ing normal wwtlns noun by enp parson aakfng for it. aaa (l1) conLplcUOUa17 alepla] • Nga. or algae, [ulalYd by LbL FM, la tea main publfc area Or LILY of tea airport. atattbg that ai.erimlwttm MLed oa tad, color. or luttanal orlgtn u prohibited on the attpoK. 13l Repwte. Each airport owner subject to Lhls part snail, within IS Qeys otter be rccelvee It, forward to the Ana Manager of tea FAA Area in welch the airport le IoGtsd • copy of each written complalht chatying duCrlmin\Lloa DecauY c tad, color, or pa. Uon-1 wtgm Dy any gnoa subJeot to tntt part, tagetner wltD n atatemeat aacrlblaJ all actionn taken m resolve flu tnattar, Nt thn roLUlta theraoi. lSach atTpoct opecatm shall nuDmlt to Lhe arN manager of the 8AA area m which the au'pw0 L loc-tea • roport tot the preceding year Da LDO aaU aaa la • form praecriDed Dy the 7Lderal AvLiba AOIDIaLhatoi. j86 FB 10080, Junn 18, 1D70. Y amended Dy Arndt. 71-1. 88 1RL 6876, Mar. 6, 3D78; Arndt. 71,4, to lyA 1lS18. Mar. 8t, Lg78j