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b. For noise compatibility program projecis to be carried out on the property of the sponsor, it holds good title
<br />satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance
<br />to the Secretary that good title will be obtained.
<br />5, Preserving Rights and Powers.
<br />a. It will not take or permit any action which would operate to deprive it of any of the righu and powers necessary to
<br />perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the
<br />Secretary, and will act promptly to acquire, extinguish or modify any ouutanding rights or claims of right of others which
<br />would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary.
<br />b. It will not sell, lease, encumber, or othenvise transfer or dispose of any part of its tide or other interesu in the
<br />property shown on Exhibit A to this application or, for a noise compatibiliry program project, that portion of the property
<br />upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant
<br />agreemenl without approval by the Secretary. lf the transferee is found by the Secretary to be eligible under Tide 49, United
<br />States Code, to assume the obligations of the grant agreement and to have the power, authoriry, and financial resources to
<br />carry out all such obiigations, the sponsor shall inseri in the contract or document transferring or disposing of the sponsor's
<br />interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement.
<br />c. For all noise compatibiliry program projects which are to be carried out by another unit of local govemment or are
<br />on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government.
<br />Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions,
<br />and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibiliry
<br />program project. That agreement and changes thereto must be satisfactory to the 3ecretary. It wiU take steps to enforce this
<br />agreement against the local government if there is substantial non-compliance with the terms of the agreement.
<br />d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an
<br />agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce
<br />this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement.
<br />C. If'the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will
<br />continue ro function as a public-use airport in accordance with [hese assurances for jhe duration of these assurances.
<br />f. If an arrangement is made for management and operation of the airport by any agency or person other than the
<br />sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authoriry to insure that the airport will
<br />be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and
<br />assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith.
<br />6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this
<br />application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area suttounding
<br />the airport.
<br />7. Consideration of Local Interest. !t has given fair consideration ro the interest of communities in or near where the project
<br />may be located.
<br />8. Consultation with Users. ln making a decision to undertake any airyort development project under Title 49, United States
<br />Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed.
<br />9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has
<br />afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airpori or runway
<br />location and its consistency with goals and objectives of such planning as has been carried out by the communiry and it shall, when requested by the
<br />5ecretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting
<br />representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary
<br />concerning a proposed project.
<br />10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it
<br />will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located,
<br />designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been
<br />approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection
<br />Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after
<br />the project application has been received by the Secretary.
<br />I1. Pavement Preventive Maintenance. With respect to a project approved after January l, 1995, for the replacement or
<br />reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management
<br />program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial
<br />assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may
<br />be useful.
<br />12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined
<br />in Title 49, it has, on the date of submittal of the ptoject grant application, all the safety equipment required for certification of such airport under
<br />section 44706 of Tide 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the
<br />passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft.
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