1990-014-RES WHEREAS, the City Council of the City of Paris fore in Resolution No. 89-038 authorize an application to
RESOLUTION NO. 90-014
WHEREAS, the City Council of the City of Paris did hereto-
fore in Resolution No. 89-038 authorize an application to be made
to the Federal Aviation Administration for assistance for
updating airport master plans; and,
WHEREAS, the Federal Aviation Administration has approved
the grant application for a total of $40,500.00 for planning;
and,
WHEREAS, said grant requires local matching funds in the
amount of $4,500.00 to be provided by the City of Paris; and,
WHEREAS, it is deemed to be in the best interest of the
citizens of Paris that the City of Paris execute the Grant
Agreement, being Project Number 3-48-0169-01-90, and Contract
Number DOT-FA-90-SW-8701; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
That the Grant Agreement in the amount of $40,500.00 for
assistance in updating the airport master plan, in the form of
Exhibit A attached hereto, be approved.
BE IT FURTHER RESOLVED, That $4,500.00, the City of Paris's
local match for updating the ai rpor t mas ter plan at Cox Field
Airport, be, and the same is hereby approved.
BE IT FURTHER RESOLVED, That the Mayor of the City of Paris,
Eric S. Clifford, be, and he is hereby authorized and directed to
execute on behalf of the City of Paris the Grant Agreement with
The United States of America, acting through the Federal Aviation
Administration, in the form of Exhibit A attached hereto.
Passed and adopted this
uary,1990.
Eric S.
ATTEST:
APPROVED AS TO FORM:
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u.s. Department
of Transportation
Federal Aviation
Administration
Southwest Region
Arkansas. LOUISiana.
New Mexico. Oklahoma.
Texas
Fort Worth, Texas 76193-0000
GRANT AGREEMENT
Part 1 - Offer
Date of Offer: January 16, 1990
Cox Field Airport/Planning Area
Project Number: 3-48-0169-01-90
Contract Number: DOT-FA-90-SW-8701
TO: city of Paris, Texas
(herein called the "Sponsor")
FROM: The United States of America (acting through the Federal
Aviation Administration, herein called the "FAA")
WHEREAS, the sponsor has submitted to the FAA a Project Application
dated April 4, 1989, for a grant of Federal funds for a project at or
associated with the Cox Field Airport/planning Area 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 the Airport or Planning
Area (herein called the "Project") consisting of the following:
Airport Master Plan
all as more particularly described in the Project Application.
FAA Form 5100-37 (1-90)
Page 1 of 5
"
"
NOW THEREFORE, pursuant to and for the purpose of carrying out the
provisions of the Airport and Airway Improvement Act of 1982, as
amended by the Airport and Airway Safety and Capacity Expansion Act of
1987, herein called the "Act," and/or the Aviation Safety and Noise
Abatement Act of 1979, and in consideration of (a) the Sponsor's
adoption and ratification of the representations and assurances
contained in said Project Application and its acceptance of this Offer
as hereinafter provided, and (b) the benefits to accrue to the united
States and the public from the accomplishment of the Project and
compliance with the assurances and conditions as herein provided, THE
FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED
STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of
the allowable costs incurred in accomplishing the Project, 90 percent.
The Offer is made on and subject to the following terms and
conditions:
Conditions
1. The maximum obligation of the United States payable under this
offer shall be $40,5000.
$40,500 for planning.
2. The allowable costs of the project shall not include any costs
determined by the FAA to be ineligible for consideration as to
allowability under the Act.
3. Payment of the United States share of the allowable project costs
will be made pursuant to and in accordance with the provisions of
such regulations and procedures as the Secretary shall prescribe.
Final determination of the United States share will be based upon
the final audit of the total amount of allowable project costs and
settlement will be made for any upward or downward adjustments to
the Federal share of costs.
4. The sponsor shall carry out and complete the Project without undue
delays and in accordance with the terms hereof, and such
regulations and procedures as the Secretary shall prescribe, and
agrees to comply with the assurances which were made part of the
project application.
5. The FAA reserves the right to amend or withdraw this offer at any
time prior to its acceptance by the sponsor.
6. This offer shall expire and the United States shall not be
obligated to pay any part of the costs of the project unless this
offer has been accepted by the sponsor on or before March 15, 1990
or such subsequent date as may be prescribed in writing by the
FAA. .
FAA Form 5100-37 (1-90)
Page 2 of 5
"
7. The sponsor shall take all steps, including litigation
if necessary, to recover Federal funds spent fraudulently,
wastefully, or in violation of Federal antitrust statutes, or
misused in any other manner in any project upon which Federal
funds have been expended. For the purposes of this grant
agreement, the term "Federal funds" means funds however used or
disbursed by the sponsor that were originally paid pursuant to
this or any other Federal grant agreement. It shall obtain the
approval of the Secretary as to any determination of the amount
of the Federal share of such funds. It shall return the recovered
Federal share, including funds recovered by settlement, order or
judgment, to the Secretary. It shall furnish to the Secretary,
upon request, all documents and records pertaining to the
determination of the amount of the Federal share or to any
settlement, litigation, negotiation, or other efforts taken to
recov~r such funds. All settlements or other final positions of
the sponsor, in court or otherwise, involving the recovery of such
Federal share shall be approved in advance by the Secretary.
8. The united states shall not be responsible or liable for damage to
property or injury to persons which may arise from, or be incident
to, compliance with this grant agreement.
Special Conditions
1. It is understood and agreed that any project costs incurred prior
to acceptance of this Grant and formal Notice to Proceed by the
FAA shall not be eligible for Federal participation.
2. The sponsor and its consultant will meet with the FAA to refine
the scope of work which will be approved by the FAA prior to
issuance of the Notice to Proceed.
3. The sponsor shall hold at least one public information briefing
prior to project completion regardless of whether a formal public
hearing is required.
4. The sponsor agrees to prepare the Environmental Assessment Report
as a separate document and may be required to provide 45 copies of
the final EAR document for coordination.
5. The sponsor shall comply with the attached Part V Assurances, FAA
Form 5100-100 (10-89).
FAA Form 5100-37 (1-90)
Page 3 of 5
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The Sponsor's acceptance of this Offer and ratification and adoption
of the Project Application incorporated herein shall be evidenced by
execution of this instrument by the Sponsor, as hereinafter provided,
and this Offer and Acceptance shall comprise a Grant Agreement, as
provided by the Act, constituting the contractual obligations and
rights of the united ,states and the Sponsor with respect to the
accomplishment of the Project and compliance with the assurances and
conditions as provided herein. Such Grant-Agreement shall become
effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
signature
John D. Anderson
Manager, Airports Planninq Branch
Title
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements,
representations, warranties, covenants, and agreements contained in
the Project Application and incorporated materials referred to in the
foregoing Offer and does hereby accept this Offer and by such
acceptance agrees to comply with all of the terms and conditions in
this Offer and in the Project Application.
Executed this
12th
day of February
, 1990.
CITY OF PARIS
Name of
/
( SEAL)
By:
Sponsor signated Official
Representative
Eric S. Clifford
Title: Mayor
,
Attest~'~
Title: . C . ! " .
Clerk
FAA Form 5100-37 (1-90)
Page 4 of 5
,
CERTIFICATE OF SPONSOR'S ATTORNEY
I, T. K. Haynes
do hereby certify:
, acting as Attorney for the Sponsor
That in my opinion the Sponsor is empowerea to enter into the
foregoing Grant Agreement under the laws of the State of Texas.
Further, I have examined the foregoing Grant Agreement and the actions
taken by said Sponsor relating thereto, and find that the acceptance
thereof by said Sponsor and Sponsor's official representative has been
duly authorized and that the execution thereof is in all respects due
and proper and in accordance with the laws of the said State and the
Act. In addition, for grants involving projects to be carried out on
property~ot owned by the Sponsor, there are no legal impediments that
will prevent full performance by the Sponsor. Further, it is my
opinion that the said Grant Agreement constitutes a legal and binding
obligation of the Sponsor in accordance with the terms thereof.
Dated at Paris, Texas, this 12th
,1990.
FAA Form 5100-37 (1-90)
Page 5 of 5
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ASSURAtJCES
"Airport Sponsors
A. General
1. These assurances shall be complied with in the performance of
grant agreements for airport development, airport planning, and
noise compatibility program grants to airport sponsors.
2. These assurances are required to be submitted as part of the
project application by sponsors requesting funds under the
provisions of the Airport and Airway Improvement Act of 1982, as
,"amended by the Airport and Airway Safety and capacity Expansion
Act of 1987, or the Aviation Safety and Noise Abatement Act of
1979. As used herein, the term "public agency sponsor" means a
public-~gency with contro~ of ~ pub~ic-use airport: the term
"private sponsor" means a ,ri\~t.e 0~ner of a pUblic-use airport;
and the term "sponsor" includE. public agency sponsors and
private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these
assurances are incorporated in and become part of the grant
agreement.
B. Duration and Applicability
1. Airport Development or Noise compatibility Program Projects
Undertaken by a Publ ic Agency Spons"or. The terms, conditions and
assurances of the grant agreement shall "remain in full force and
effect throughout the useful life of the facilities developed or
equipment acquired for an airport development or noise
compatibility program project, or throughout the useful life of
the project items installed within a facility under a noise
compatibility program project, but in any event not to exceed
twenty (20) years from the date of acceptance of a grant offer of
Federal funds for the project. However, there shall be no limit
on the duration of the assurance against exclusive rights or the
terms, conditions, and assurances with respect to real property
acquired with Federal funds. Furthermore, the duration of the
Civil Rights assurance shall be as specified in the assurance.
2. Airport Development or Noise Compatibility Program Projects
Undertaken by a Private Sponsor. The preceding paragraph 1 also
applies to a private sponsor except that the useful life of
project items installed within a facility or the useful life of
facilities developed or equipment acquired under an airport
development or noise compatibility program project shall be no
less than 10 years from the date of the acceptance of Federal aid
for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise
specified in the grant agreement, only Assurances 1, ~, 3, 5, 6,
13, 18, 30, 32, 33, 34, and 36 in sect~on C applyt~ ~~ann"~ng "
projects. The terms, conditions, and assurances of the grant
'"
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agreement shall remain in full force and effect during the life
of the project.
C. Sponsor Certification. The sponsor hereby assures and
certifies, with respect to this grant that:
1. General Federal Requirements. It wi~l comply with all
applicable Federal laws, regulations, executive orders, policies
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quldellnes and requlrements as they relate to the application,
acceptance and use of Federal funds for this project including
but not limited to the following:
Federal LegiSlation
a. rederal Aviation Act of 1958 - 49 U.S.C. 1~1, et seq.
b.~ Davis-Bacon Act - 40 U.S.C. 276(a), et seq. 1/
c. Federal Fair Labor standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act - 5 U.s.C. 1501, et seq. 2/
e. Uniform Relocation Assistance and Real Property
Acquisition policies Act of 1970 - 42 U.S.C. 4601, et
seq. 1/ 2/
f. National Historic Preservation Act of 1966 - Section 106
- 16 U.S.C. 470(f). 1/
g. ArCheological and Historic Preservation Act of 1974 - 16
U.S.C. 469 through 469c. 1/
h. Flood Disaster Protection Act of 1973 - Section 102(a) -
42 U.S.C. 4012a. 1/
.- i. Rehabilitation Act ~f 1973 - 29 U.S.C. 794.
j. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d
through d-4.
k. Aviation Safety and Noise Abatement Act of 1979, 49
U.S.C. 2101, et seq.
1. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.
m. Architectural Barriers Act of 1968 - 42 U.S.C. 4151, et
seq. 1/
n. Airport and Airway Improvement Act of 1982, as amended 49
U.S.C. 2201, et seq.
o. powerplant and Industrial Fuel Use Act of 1978 - Section
403 - 2 U.S.C. 8373. 1/
p. Contract Work Hours and Safety Standards Act - 40 U.S.C.
327, et s~q. 1/
q. Coptland Antikickback Act - 18 U.S.C. 874. 1/
r. National Environmental Policy Act of 1969 - 42 U.S.C.
4321, et seq. 1/
s. Endangered species Act - 16 U.S.C. 668(a), et seq. 1/
t. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq. 2/
. u. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through
706.
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Executive Orders
Executive Order 12372 - Intergovernmental Review of Federal
Programs
Executive Order 11246 - Equal Employment opportunity 1/
Federal Regulations
a. 49 CFR Part 18 - Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and Local
Governments. 3/
b. 49 eFR Part 21 - Nondiscrimination in Federally-Assisted
Programs of the Department of Transportation _
Effectuation of Title VI of the Civil Rights Act of 1964.
c. 49 CFR Part 23 - Participation by. Minority Business _
Enterprise in Department of Transportation Programs.
d. 49 CFR Part 24 -. Uniform Relocation Assistance and Real
Property Acquisition Regulation for Federal-and Federally
Assisted Programs. 1/ 2/
e. 49 CFR Part 27 - Non-Discrimination on the Basis of
Handicap in Programs and Activities Receiving or
~ Benefiting from Federal Financial Assistance. 1/
f. 49 CFR Part 29 - Debarments, Suspensions, and Voluntary
Exclusions.
g. 49 CFR Part 30 - Denial of Public Works Contracts to
Suppliers of Goods and Services of Countries That Deny
Procurement Market Access to U.S. Contractors.
h. 29 CFR Part 1 - Procedures for Predetermination of Wage
Rates. 1/
i. 29 CFR Part J - Contractors or Subcontractors on Public
Buildings or Public Works Financed in Whole or Part by
Loans or Grants from U.S. 1/
j. 29 CFR Part 5 - Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted
Construction. 1/
k. 41 CFR Part 60 - Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of
Labor (Federal and Federally-assisted Contracting
Requirements). 1/
1. 14 CFR Part 150 - Airport Noise Compatibility Planning.
Office of Management and Budget Circulars
A-87 - Cost Principles Applicable to Grants and Contracts
with state and Local Governments. 3/ .
1-128 - Audits of State'and Local Governments. 2/
a.
b.
1/
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3/
Th... laws do not apply to airport planning sponsors.
Th... laws do not apply to private sponsors.
49 CPR Part 18 and OMB Circular A-87 contain requirements
tor State and local governments receiving Federal
assistance. Any requirement levied upon State and local
qovernments by this regulation and circular shall also be
applicable to private sponsors receiving Federal
assistance under the Airport and Airway Improvement Act
of 1982, as amended.
Specific assurances required to be included in grant agreements
by any ot the above laws, regulations or circulars are
incorporated by reference in the grant agreement.
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property shown" on Exhibit A to this application or, for a noise
co~patibility program project,. that portion of the property upon
wqlch Federal funds have been expended, for the duration of the
terms, conditions, and assurances in the grant agreement without
approval by the Secretary. If the transferee is found by the
Secretary to be eligible under the Airport and Airway Improvement
Act of 1982 to assume the obligations of the grant agreement and
to have the power, authority, and financial resources to carry
out all such obligations, the sponsor shall insert in the
contract or document transferring or disposing of the sponsor's
interest, and make binding upon the transferee, all of the terms,
conditions and assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to
be carried out by another unit of local government or are on
property owned by a unit of local government other than the
sponsor, it will enter into an agreement with that government.
Except as otherwise specified by the Secretary, that agreement
shall obligate that government to the same terms, conditions, and
assurances that would be applicable to it if it applied directly
to the FAA for a grant to undertake the noise compatibility
program project. That agreement and changes thereto must be
satisfactory to the Secretary. It will take steps to enforce
this agreement against the local government if there is
substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried
ou~ on privately owned property, it will enter into an agreement
with the owner of that property which includes provisions
specified by the Secretary. It will take steps to enforce this
agreement against the property owner whenever there is
substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps
satisfactory to the Secretary to ensure that the airport will
continue to function as a public-use airport in accordance with
these assurances for the duration ot' these assurances.
f. If an arrangement is made for management and operation of
the airport by any agency or person other than the sponsor or an
employee ot the sponsor, the sponsor will reserve sufficient
rights and authority to insure that the airport will be operated
and maintained in accordance with the Airport and Airway
"Improvement Act of 1982,. the regulations and the terms,
conditions and assurances in the grant agreement and shall insure
that such arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably
consistent with plans (existing at the time of submission of this
application) of public agencies that are authorized by the state
in which the project is located to plan for the development of
the area surrounding the airport. For noise compatibility
proqram projects, other than land acquisition, to be carried out
. on property not owned by the airport and over which property
property shown" on Exhibit A to this application or, for a noise
co~patibility program project,. that portion of the property upon
wqlch Federal funds have been expended, for the duration of the
terms, conditions, and assurances in the grant agreement without
approval by the Secretary. If the transferee is found by the
Secretary to be eligible under the Airport and Airway Improvement
Act of 1982 to assume.the obligations of the grant agreement and
to have the power, authority, and financial resources to carry
out all such obligations, the sponsor shall insert in the
contract or document transferring or disposing of the sponsor's
interest, and make binding upon the transferee, all of the terms
conditions and assurances contained in this grant agreement. '
c. For all noise compatibility program projects which are to
be carried out by another unit of local government or are on
property owned by a unit of local government other than the
sponsor, it will enter into an agreement with that government.
Except as otherwise specified by the Secretary, that agreement
shall obligate that government to the same terms, conditions, and
assurances that would be applicable to it if it applied directly
to the FAA for a grant to undertake the noise compatibility
program project. That agreement and changes thereto must be
satisfactory to the Secretary. It will take steps to enforce
this agreement against the local government if there is
substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried
ou~ on privately owned property, it will enter into an agreement
with the owner of that property which includes provisions
specified by the Secretary. It will take steps to enforce this
agreement against the property owner whenever there is
substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps
satisfactory to the Secretary to ensure that the airport will
continue to function as a public-use airport in accordance with
these assurances for the duration o( these assurances.
f. If an arrangement is made for management and operation of
the airport by any agency or person other than the sponsor or an
employee ot the sponsor, the sponsor will reserve sufficient
rights and authority to insure that the airport will be operated
and maintained in accordance with the Airport and Airway
Improve.ent let ot 1982,. the regulations and the terms,
conditions and assurances in the grant agreeMlnt and shall insure
that such arrangement also requires compliance therewith.
6. Consistency with Local Plans. The project is reasonably
consistent with plans (existing at the time of submission of this
application) of public agencies that are authorized by the state
in which the project is located to plan for the development of
the area surrounding the airport. For noise compatibility
program projects, other than land acquisition, to be carried out
on property not owned by the airport and over which property
,
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of such airport to passengers enplaning or deplaning from
aircraft other than air carrier aircraft. "'
13. Accounting System, Audit, and Recordkeeping Requirements.
a. It shall keep all project accounts and records which
fully disclose the amount and disposition by the recipient of the
proceeds of the grant, the total cost of the project in
connection with which the grant is given or used, and the amount
and nature of that portion of the cost of the project supplied by
other sources, and such other financial records pertinent to the
project. The accounts and records shall be kept in accordance
. with an accounting system that will facilitate an effective audit
in accordance with the Single Audit Act of 1984.
b~ It shall make available to the Secretary and the
Comptroller General of the United States, or any of their duly
authorized representatives, for the purpose of audit and
examination, any books, docllme~ts, papers, and records of the
recipient that are pertinent to the grant. The Secretary may
require that an appropriate audit be conducted by a recipient.
In any case in which an independent audit is made of the accounts
of a sponsor relating to the disposition of the proceeds of a
grant or relating to the project in connection with which the
grant was given or used, it shall file a certified copy of such
audit with the Comptroller General of the United States not later
than 6 months following the close of the fiscal year for which
the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in
excess of $2,000 for work on any projects funded under the grant
agreement which involve labor, provisions establishing minimum
rates of wages, to be predetermined by the Secretary of Labor, in
accordance with the Davis-Bacon Act, as amended (40 U.S.C.
276a--276a-5), which contractors shall pay to skilled and
unskilled labor, and such minimum rates shall be stated in the
invitation for bids and shall be included in proposals or bids
for the work.
15. Veteranls Preference. It shall include, in all contracts for
work on any projects funded under the grant aqreement which
involve labor, such provisions as are necessary to insure that,
in the -.ployment of labor (except in executive, administrative,
and supervisory positions), preference shall be given to veterans
of the Vietnam era and disabled veterans as defined in Section
515(c)(1) and (2) of the Airport and Airway Improvement Act of
1982~ However, this preference shall apply only where the
individuals are available and qualified to perform the work to
which the employment relates.
16. Conformity to Plans and Specifications. It w;ll execute the
project subject to plans, specifications, and schedules approved
by the Secretary. Such plans, specifications, and schedules
shall be submitted to the Secretary prior to commencement of site
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preparation, construction, or other performance under this grant
agreement, and, upon-approval by the Secretary, shall be .
incorporated into this grant agreement. Any modifications to the
approved plans, specifications, and schedules shall also be
subject to approval by the Secretary and incorporation into the
grant agreement.
17. Construction Inspection and Approval-. It will provide and
maintain competent technical supervision at the construction site
throughout the project to assure that the work conforms with the
plans, specifications, and schedules approved by the Secretary
for the project. It shall subject the construction work on any
project contained in an approved project application to
inspection and approval by the Secretary and such work shall be
in accordance with regulations and procedures prescribed by the
Secre~~ry. Such regulations and procedures shall require such
cost and progress reporting by the sponsor or sponsors of such
project as the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the
approved program narrative contained in the project application
or with modifications similarly approved.
b. It will furnish the Secretary with such periodic reports
as required pertaining to the planning project and planning work
activities.
c. It will include in all published material prepared in
connection with the planning project a notice that the material
was prepared under a grant provided by the United States.
d. It will make such material available for examination by
the public, and agrees that no material prepared with funds under
this project shall be subject to copyright in the United States
or any other country..
. e. It will give the Secretary unrestricted authority to
publish, disclose, distribute, and otherwise use any of the
material prepared in connection with this grant.
t. It will grant the Secretary the right to disapprove the
Sponsor's .-ployment ot specific consultants and their
subcontractors to do all or any part of this project as well as
the right to disapprove the proposed scope and cost of
professional services.
. g. It-will grant the Secretary the right to disapprove the
use of the sponsor's employees to do all or any part of the
project.
h. It understands and agrees that the Secretary's approval
of this project grant or the Secretary's approval ot any planning
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material developed as part of this grant does not constitute or
imply' any assurance or commitment on the part of the Secretary to
approve any pending or future application for a Federal airport
grant.
19. Operation.and Maintenance.
a. It will suitably operate and maintain the airport and all
facilities thereon or connected therewith, with due regard to
climatic and flood conditions. Any proposal to temporarily ciose
the airport for "nonaeronautical purposes must first be approved
by the Secretary. The airport and all facilities which are
necessary to serve the aeronautical users of the airport, other
than facilities owned or controlled by the United States, shall
be operated at all times in a safe and serviceable condition and
in acc2rdance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for
maintenance and operation. It will not cause or permit any
activity or action thereon which would interfere with its use for
airport purposes.
In furtherance of this assurance, the sponsor will have in effect
at all times arrangements for--
(1) Operating the airport's aeronautical facilities
whenever required:
(2) Promptly marking and lighting hazards resulting from
airport conditions, including temporary conditions: and
(3) Promptly notifying airmen of any condition affecting
aeronautical use of the airport.
. ,... . . ~
Nothing contained herein shall be construed to require that the
,airport be operated for aeronautical use during temporary periods
when snow, flood or other climatic conditions interfere with such
operation and maintenanc€. Further, nothing herein shall be
construed as requiring the maintenance, repair, restoration, or
replacement of any structure or facility which is substantially
damaged or destroyed due to an act of God or other condition or
circumstance beyond the control of the sponsor.
,b., It vill suitable operate and maintain noise compatibility
. , prOqram it... that it owns or controls upon which Federal funds
have been expended.
20. Hazard Removal and Mitigation. It will take appropriate
action to assure that such terminal airspace as is required to
protect instrument and visual operations to the airport
(inClUding established minimum flight altitUdes) will be
adequately cleared and protected by removing, lowering,
relocating, marking, or lighting or otherwise mitigating existing
airport hazards and by preventing the establishment or creation
of future airport hazards.
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21. Compatible Land Use. It will take appropriate action,
including the adoption of zoning laws, to the extent reasonable
to restrict the use of land adjacent to or in the immediate '
vicinity of the airport to activities and purposes compatible
with normal airport operations, includin9 landing and takeoff of
aircraft: In addit~on, ~f t~e project is for noise compatibility
p~ogram lmplementatlon, lt wlll not cause or permit any change in
land use, within its jurisdiction, that will reduce the
compatibility, with respect to the airport, of the noise
compatibility program measures upon which Federal funds have been
expended.
22. Economic Nondiscrimination.
a. It will make its airport available as an airport for
public use on fair and reasonable terms and without unjust
discrimination, to all type~, k~nds, and classes of aeronautical
uses.
b. In any agreement, contract, lease or other arrangement
under which a right or privilege at the airport is granted to any
person, firm, or corporation to conduct or engage in any
aeronautical activity for furnishing services to the public at
the airport, the sponsor will insert and enforce provisions
requiring the contractor to --
(1) furnish said services on a f~ir, equal, and not
unjustly discriminatory basis to all users thereof, and
(2) charge fair, reasonable, and not unjustly
discriminatory prices for each unit or service, provided,
that the contractor may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar types
of price reductions to volume purchasers.
c. Each fixed-based operator at any airport owned by the
sponsor shall be subject to the same rates, fees, rentals, and
other charges as are uniformly applicable to all other
fixed-based operators making the same or similar uses of such
airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right
to service itaelf or to use any fixed-based operator that is
authorized or permitted by the airport to se~e any air carrier
at such airport.
e. Each air carrier using such airport (whether as a tenant,
nontenant,'or subtenant of another air carrier tenant) shall be
subject to such nondiscriminatory and Substantially co~parable
rules, regulations, conditions, rates, fees, rentals; and other
charges with respect to facilities directly and substantially
related to providing air transportation as are applicable to all
such air carriers which make similar use of such airport and
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which utilize similar facilities, subject to reasonable
classifications such as tenants or non tenants and signatory
carriers and nonsignatory carriers. Classification or status as
tenant or signatory shall not be unreasonably withheld by any
airport provided an air carrier assumes obligations substantially
similar to those already imposed on air carriers in such
classifications or status.
f. It will not exercise or grant any right or privilege
which operates to prevent any person, firm, or corporation
operating aircraft on the airport from performing any services on
its own aircraft with its own employees (including, but not
limited to maintenance, repair, and fueling) that it may choose
to perform.
g~ In the event the sponsor itself exercises any of the
rights and privileges referred to in this assurance, the services
involved will be provided on the same conditions as would apply
to the furnishing of such services by contractors or
concessionaires of the sponsor under these provisions.
h. The sponsor may establish such fair, equal, and not
unjustly discriminatory conditions to be met by all users of the
airport as may be necessary for the safe and efficient operation
of the airport.
i. The sponsor may prohibit or limit any given type, kind,
o~ class of aeronautical use of the airport if such action is
necessary for the safe operation of the airport or necessary to
serve the civil aviation needs of the public.
23. Exclusive Rights. It will permit no exclusive right for the
use of the airport by any persons providing, or intending to
provide, aeronautical services to the public. For purposes of
this paragraph, the providing of services at an airport by a
single fixed-based operator shall not be construed as an
exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or
impractical tor more than one fixed-based operator to provide
such servic.., and
b. If allowing more than one fixed-based operator to provide
such slrvie.. would require the reduction of space leased
pursuant to an existing agreement between such single fixed-based
oper~tor and such airport.
It further agrees that it will not, either directly or
indirectly, grant or permit any person, tirm or corporation the
exclusive right at the airport, or at any other airport now owned
or controlled by it, to conduct any aeronautical .activit~e~,
including, but not limited to charter flights, pilot tralnlng,
aircratt rental and sightseeing, aerial photography, crop
dusting, aerial advertising and surveying, air carrier
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opera~i9ns, aircraft sales and services, sale of aviation
petroleum products whether or not conducted in conjunction with
other aeronautical activity, repair and maintenance of aircraft,
sale of aircraft parts, and any other activities which because of
their direct relationship to the operation of aircraft can be
regarded as an aeronautical activity, and that it will terminate
any exclusive right to conduct an aeronautical activity now
existing at such an airport before the grant of any assistance
under the Airport and Airway Improvement Act of 1982.
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24. Fee and Rental Structure'. It will maintain a fee and rental
structure consistent with Assurance 22 and 23, for the facilities
and services being provided the airport users which will make the
airport as self-sustaining as possible under the circumstances
existing at the particular airport, taking into account such
factor~ as the volume of traffic and economy of collection. No
part of the Federal share of an airport development, airport
planning or noise compatibility project for which a grant is made
under the Airport and Airway Improvement Act of 1982, the Federal
Airport Act or the Airport and Airway Development Act of 1970
shall be included in the rate base in establishing fees, rates,
and charges for users of that airport.
25. Airport Revenue. If the airport is under the control of a
public agency, all revenues generated by the airport and any
local taxes on aviation fuel established after December 30,
1987, will be expended by it for the capital or operating costs
of the airport; the local airport system; or other local
facilities which are owned or operated by the owner or operator
of the airport and directly and substantially related to the
actual air transportation of passengers or property; or for noise
mitigation purposes on or off the airport. Provided, however,
that if covenants or assurances in debt obligations issued before
September 3, 1982, by the owner or operator of the airport, or
provisions enacted before September 3, 1982, in governing
statutes controlling the owner or operator's fin~ncing, provide
for the use of the revenues from any of the airport owner or
operator's facilities, including the airport, to support not only
the airport but also the airport owner or operator's general debt
obligations.or other facilities,. then this limitation on the use
of all revenue. generated by the airport (and, in the case of a
public airport, local taxes on aviation fuel) shall not apply.
26. Reportl and Inspections. It will submit to the Secretary
such annual or special financial and operations reports as the
Secretary may reasonably request. For airport development
projects, it will also make the airport and all airport records
and documents affecting the airport, including deeds, leases,
operation and use agreements, regulations and other instruments,
available for inspection by any duly authorized agent of the
Secretary upon reasonable request. For noise compati~ility
program projects, it will also make records and documents
relating to the project and continued compliance with the terms,
conditions, and assurances of the grant agreement including
deeds, leases, agreements, regulations, and other instruments,
available for inspection by any duly authorized agent of the
Secretary upon reasonable request.
27. Use of Government Aircraft. It will make available all of
the facilities of the airport developed with Federal financial
assistance and all those usable for landing and takeoff of
aircraft to the United States for use by Government aircraft in
. common with other aircraft at all times without charge, except,
if the use by Government aircraft is substantial, charge may be
made for a reasonable share, proportional to such use, for the
cost of operating and maintaining the facilities used. Unless
.-otherwise determined by the Secretary, or otherwise agreed to by
the sponsor and the using agency, substantial use of an airport
by Government aircraft will'be considered to exist when
operations of such aircraft are in excess of those which, in the
opinion of" the Secretary, would unduly interfere with use of the
landing areas by other authori:~d aircraft, or during any
calendar month that --
a. Five (5) or more Government aircraft are regularly based
at the airport or on land adjacent thereto: or
b. The total number of movements (counting each landing as a
movement) of Government aircraft is 300 or more, or the gross
accumulative weight ~f Government aircraft using the airport (the
total movements of Government aircraft multiplied by gross
weights of such aircraft) is in exc~ss ot five million pounds.
28. Land for Federal Facilities. It will furnish without cost to
the Federal Government for use in connection with any air traffic
control or air navigation activities, or weather-reporting and
communication activities related to air traffic control, any
areas of land or water, or estate therein, or rights in buildings
of the sponsor as the Secretary considers necessary or desirable
for construction, operation, and maintenance at Federal expense ~
of space or facilities for such purposes. Such areas or any
portion thereof will be made available as provided herein within
four months after receipt of a written request from the
Secretary.
29. Airport Layout Plan.
a. It vill ke.p up to date at all times an airport layout
plan of the airport showing (1) boundaries of. the airport and all
proposed additions thereto, together with the boundaries of all
offsit. areas 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 facilities: and (3) the
location of all existing and proposed nonaviation areas and of
all existing improvements thereon. Such airport layout plan and
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each amendment, revision, or modification thereof, shall be
subject to the approval of the Secretary which approval shall be
evidenced by the signature of a duly authorized representative of
the Secretary on the face of the airport layout plan. The
sponsor will not make or permit any changes or alterations in the
airport or in any of its facilities which are not in conformity
with the airport layout plan as approved.by the Secretary and
which might, in the opinion of the Secretary, adversely affect
the safety, utility, or efficiency of the airport.
b. If a change or alteration in the airport or its
facilities is made which the Secretary determines adversely
affects the safety, utility, or efficiency of any federally
owned, leased, or funded property on or off the airport and which
is not in" conformity with the airport layout plan as approved by
the Seeretary, the owner or operator will, if requested by the
Secretary (1) eliminate such adverse effect in a manner approved
by the Secretary; or (2) bear all costs of relocating such
property (or replacement thereof) to a site acceptable to the
Secretary and all costs of restoring such property (or
replacement thereof) to the level of safety, utility, efficiency,
and cost of operation existing before the unapproved change in
the airport or its facilities.
30. Civil Rights. It will comply with such rules as are
promulgated to assure that no person shall, on the grounds of
race, creed, color, national~origin, sex, age, or handicap be
excluded from participating in any activity conducted with or
benefiting from funds received from this grant. This assurance
obligates the sponsor for the period during which Federal
financial assistance is extended to the program, except where
Federal financial assistance is to provide, or is in the form of
personal property or real property or interest therein or
structures or improvements thereon, in which case the assurance
obligates the sponsor or any transferee for the longer of the
following periods: (a) the period during which the property is
used for a purpose for which Federal financial assistance is
extended, or for another purpose involving the provision of
similar services or benefits or (b) the period during which the
sponsor retains ownership or possession of the property.
31. Dispoaal of Land.
a. For land purchased under a grant before, on, or after
December 30, 1987, for airport noise compatibility purposes, it
will dispose of the land, when the land is no longer needed for
such purposes, at fair market value at the earliest practicable
time. That portion of the proceeds of such disposition which is
proportionate to the United States share of acquisition of such
land will, at the discretion of the Secretary, 1) be paid to the
Secretary for deposit in the Trust Fund or 2) be reinvested in an
approved noise compatibility project as prescribed by the
Secretary.
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b. For land purchased for airport purposes (other than noise
compatibility) under a grant before, on, or after December 30
1987, it will, when the land is no longer needed for airport'
purposes, dispose of such land at fair market value. That
portion ot the proceeds of such disposition, which is
proportionate' to the United States share of the cost of
acquisition of such land will be paid to the Secreta~ for
deposit in the Trust Fund. .
c. Disposition of such. land under a." and b. above will be
subject to the retention or reservation on any interest or right
therein necessary to ensure that such land will only be used for
purposes which are compatible with noise levels associated with
the operation of the airport.
32. ~ Engineering and Design services. It will award each
contract, or sub-contract for program management, construction
management, planning studies, feasibility studies, architectural
services, preliminary engineering, design, engineering,
surveying, mapping, or related services with respect to the
project in the same manner as a contract for architectural and
engineering services is negotiated under title IX of the Federal
Property and Administrative Services Act of 1949 or an equivalent
qualifications-based requirement prescribed for or by the sponsor
of the airport.
33. Foreign Market Restrictions. It will not allow funds
provided under this grant to be used to fund any project which
uses any product or service of a foreign country during the
period in which such foreign country is listed by the United
states Trade Representative as denying fair and equitable market
opportunities for products and suppliers of the United States in
procurement and construction.
34. . policies, standards, and specifications. It will carry
out the project in accordance with pOlicies, standards, and
specifications approved by the Secretary including but not
limited to the advisory circulars listed in the "CUrrent FAA
Advisory circulars for AlP projects,. dated and included
in this grant. and in accordance with applicable state policies,
standards,. and Ipecifications approved by the Secretary.
. . . '35,' -Relocation and Real property ACquisition, (1) It will
be guided in acquiring real property, to the greatest extent
practicable under state law, by the land acquisition policies in
Subpart B of 49 eFR Part 24 and will payor reimburse property
owners for necessary expenses as specified in Subpart B. (2) It
will provide a relocation assistance program offering the
services described in Subpart C and fair and reasonable
relocation payments and assistance to displaced persons as
required in Subparts 0 and E of 49 CFR Part 24, (3) It will
.ate available within a reasonable period of time prior to
displacement comparable replacement dwellings to displaced
persons in accordance with Subpart E of 49 CFR Part 24.
36. Drug-Free Workplace. It will provide a drug-free workplace
at the site of work specified in the grant application in
accordance with 49 CFR Part 29 by (1) publishing a statement
notifying its employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled
substance is prohibited in the sponsor's workplace and specifying
the actions that will be taken against its employees for
violation of such prohibition: (2) establishinq a druq-free
awareness proqram to inform its employees about the danqers of
druq abuse in the workplace and any available drug counseling,
rehabilitation, and employees assistance proqrams; (3) notifying
," the FAA within ten days after receivinq notice of an employee
criminal druq statute conviction for a violation occurring in the
workplace: and (4) makinq a good faith effort to maintain a
drug-free workplace.
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STANDA~D DOT TITLE VI ASSU~lNCES
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(hereinafter referred to as the Sponsor)
Ilereby agrees ~hat as a condition to receiving Federal financial assis~ance from
the Departaan~ of tralllporta~1on (DO!). 1~ will llCIIDply with 'Iitle VI of tbeCivll
Rigbts Act of '96Q (Q2 U.S.C. 2000d e~ se~.) and all requ1r..en~e imposed by '9 CFR
part 2'. Hondiscrimination in FederallY Assisted Programs of ~he Department of
Transporta~ion __ !ffec~uation of 'Iitle VI of ~he Civil R1gn~s Ac~ or '96Q
(bereinaf~er referred ~o as the "RegUlations") ~o the end ~hat no person in ~he
United S~ates ehall, on the ground of race, color, or national origin, be excluded
from participation in, be denied ~he benefits of, or be otherwise eubjected to
discrimination under any program or activity for which the applicant receives
Federal financiaLassistance and will immediatelY teke.any measures necessary to
effectuate this agreement. Without limiting the above general assurance, the
sponseregrees concerning this grant that:
,. Each "program" and "facility" (as define!.in Sections 21.23(e) and 21.23(b)1
will be conducted or operated in compliance with all requirements of the
Begulations.
2. It will insert the clauses of l~tachment 1 of this assurance in every contract
.
subject to the Act and the Regulations.
3. Where Federal financial essistance is received to construct e facility, or part
of a facility, the assurence shall exten~ to the entire facility and facilities
operated in connection therewith.
Q. Where Federal financial assistance is in the form or for the acquisition of
real proper~y or an interest in real property, the assurance shall extend to rights
to space on, over, or under such property.
5. It will include the appropriate clauses set forth in Attachmen~ 2 of this
assurance, as a covanant running with the land, in !OY future deeds, leases,
permits, licenses, and similar agreements entered into by the the Sponsor with
other parties:
(a) fer the eubsequent transfer of real property acquired or improved with
F.deral financial assistance under this Project; and
(b) tor the construCtiOD or \lie of or IOceSS to apace on. over, or \Ilder real
property acquired or improved with F.deral tiDlncial lIei.taDC. under th1J Proj.ct.
6. tb1s 1I'\II'IIIc. obliptes the Sponsor tor the period during which raderal f1DIII-
o1a1l1e1etanct 1. extendad to the program, .xcept where the F.deral financ1al
ue1.taDct 11 to provide. fir 1e in the torm of perlODll property fir real property
or interest therein or etructures or improvlIDentl thereon. in which oue the
assurance obligates the .pooser or any transferee for the loOpr ot the tollow1Dl
periods t
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(a) the period durins which the property 1s used tor a \lUI'pOSI tor which
Federal financial assistance is extended, or tor another purpose involvins the pro-
vision of similar services or benefits; or
(b) the period durins which the Sponsor retains ownership or possession ot the
property.
7. It will provide tor such IItthods of adlll1nistraUon tor the prop as are found
by the Secretll'Y of Transportation or the official to whom he de1eptes specific
authority to give reasonable cuarantee that 1t, other lponsors, IUbgrantees,
contractors, subcontractors, transferees, successors in interest, and other par-
ticipants of Federal financial assistance under such program will comply with all
requirtments iaposed or pursuant to the Act, the Regulations, and this assurance.
8. It agrees that the United States bas a riSht to seek judiciel enforcement with
" resard to any matter arising under the Act, the Regulations, and this assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining
"
Federal financial assistance for this Project and is binding on its contractors,
the sponsor, subcontractors, transferees, successors in interest and other par-
ticipants in the Project. The person or persons whose signatures appear below Il'e
authorized to sign this assurance on behalf of the Sponsor.
DATED February 12.' 1990
CITY OF PARIS
(Sponsor )
.~
By
. ture of Author 1c1al
Eric S. Clifford
.
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::..;.
eoll'TU~Oll COR'TUCTOlt. ftC'J!m4El'fS
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IT'UCHMtR'I 1
DurtDI tht pertoraanCt or th1s contract, the contractor, tor itl.lr, itl IIslen.es
and IUCCtl'Orl in 1DtlrtSt (btr.1nat't.tr "rtmd to al the '_tractor') 111""' as
to~1 .
1. eo.o1taftCt vith 'nulations. Tht contractor .hlll .-ply vith tbt
Itplat10lll "1&\1" to _dSolcrWiDlUOft 1n tt4traUy ua1.t.td proVUS or \M
Departllnt ot tnftIllortaUon (ht.rt1nat'ttr, "%)OT") Titlt '9, Codt ot' ft4tra1
. ",ulation', 'art 21, IS thty uy be uendtd !rOI tat to t1at (btrtwfttr
"rtrred to a. tbt leCulaUons), vhlch art b.rtin 1ncorporattd by rertrtnct and
ad. . part ot tbll ooatract.
2. londlse!"ulnaUon. Tht CODtractor, with "prd to the '<<In pertCllWd bJ
it durlD& -tbt contract., .blll Dot d1Jcr1mlnatt on tbt aroundl ot' ract, ooler, or
natlonal orleln ln the ..l.ction and "ttntlon ot' rubcOntractor., iDcludtDI pro-
curtllnts or uter1als and lels,s or equipment. The contractor shall not par-
ticipatt tltbtr dtrtctly or lndir.ctly in the ~llcrt&lD1tlon prohibited by ItCtlon
21.5 or the ItCUllUons, Including .mployaent ~"ct1ctS when the contract co"rs I
prolr&l I.t forth 111 ApplndiX B of "bl "&Ula\".~s,
3. Solicitations for Subcontracts tneludin ?roc~l..ntl or Mattrial. and
~ut...nl. 10 III 1.1Icllllt... Itlblr b7 ..op.tttl'. btcCIn, or n.,,'lI'loo ..c.
by thl contractor ror vorlc to be ptrroraed undtr a .ubeontract, 1ncludinc procure-
aentl or ut.rialJ or l.ases or .qulplDlnt, each pottnUal lubcontractor or IUPpa.r
.hall bt DOtltlld by t.be oontracior ot' tbl oontractor'. obl1catlons UDder thl1
contract and the ItCU1aUOI'ls "laUn to ftOnd1scr1l1nation on tht crowu11 of raCI,
oolor, or "naU_l or1lin.
.. Infcnat10n and Jel)orts. Tbe eontractor 'hill prodd.. all 1ntorwUoa
and "ports "qu1J'.d by the Jtrulat1ClnI Of' d1rteUvn 1I1\11d purlu&nt tbll"tto and
lball plrait aoctn to it. boOkl, "cordS, accounts; otbtr 10\lrc.s or 1nforut1O%l,
and it. facUlti.s as II' be d.t.rminld by tb. Sponlor or tb. F.deral 'viat1oo
Ada1n1straUoa (F11) to be pertinent to tloerta1n' ~l1anc' ntb luch Rtplauons,
ordm. IIId IDItruc'I.... lib.... any lIlr....tt.. ...qulr.c .r I _'r"tor t. tn the
ac1ul1vt ......1012 of &Dotht,. WO tala or "tu... to tllrdsh tbl. lntorwUOft,
tbt OODt"Otor lhalllO oeruty to tbl apcDlor or tbe ru, II appropriate, ud
lball lit fortb tlbIt .nortl 1t bas ..de to obtain thl tntorut1on.
5. Sancttons tor lonCOll1l11anet. In the ".at of the _tractor" --
OCIIIPlluc. vitb th. ftODdllcr1a1natlon prov1l1ons or th11 oontract, tht IpODtor
. Ib&U ~.. Reb oontract I&ftct1ClDI II it fIl' \M ru ., d.ttra1DI to be
Ippropriat., iDo1ud1Dl, wt act Ua1t.d tol
I. I1tbbo1dtDI ot ..,.ut. to tbe _tractor _er tb. _tract eUl Utt
..traCtor ...UII, u4lf1l'
b. ClIDoI1latlClD, ~tiClD, 01' I\IlplDliClD of tbt _tnot, u_1. or
Sa ,.rt.
6. ~U" or ...mlt.... tilt ....t.or ....11 1Ic!lld' UlI ,...sotao.
or ,.....,..pIl. 1 UII'OtIIh S lD "trY IlIbc..-t. IIcllld1ll& "........t. of .loI'1ab
.... 1aI1I' It ...lpotDI. .1111 ...t " UlI ....laU... .. alrolttft. IIIlIOII ,...
_t UlII'IW. tilt ._W ....11 tiki -" IOtt.. with...,..t to ., -
.-...t .. ..--.1 II \III ......... .. UlI ru OIl' a_t II I - of
....111 .... ,...ut... lIc!lldlDl _U... t.. ......lll.... ProtUod,
......... talt III UlI_t I_v..tor _. _1'" III, .. b --' vl~.
Ullplla vltlll ..-v..- .. ..,,11lr III N,"n of .... alrolttoa. tal
_v..laI' OIl' raqUl.t UlI .,...... to .tar \atO ...h UtIpU,", to ,.otaot \III
\IItarIR. of \III "",,01' IIlC, lD adcttt.., UlI ...v._ OIl' raq...t \III IIlltol
.total to .tar bto ..... UU.'lal to ,..tact \III lilt_II of UlI "'t'" "Yo.
. ,
..
f.t' , ,"
;
CUtiSES roll nEnS, umstS, UAstS, mM!1S 011 !tMIU1I U;,f!tMmS
1!T1CHWT 2
1bt foUodDl 01111I" lball '" bclud.d b "d.; lttIDI... 1..... ,...u., tI'
.1a1lar wtNllnt.a etered bt.o b1 \hI ~or plD"IlWlt. to tbt pron.1m ot
&u1rUou 5(a) IDeS 5(b).
1. ftl (Vant.., 11oeal', 111''', peNit.., etc.. U Ip,ropr1ltl' tor
la1a,tlf, hi' bdr., per.onal reprt.lftt.t1"a, wcctllorl a atlrelt, and
._ ua1p1, U I part or \hI oouUtrlUOD blrtot. dol. ...b1 OlmDIDt IDd
qNt (a tbt "I or ...dl IDd 1..... add 'u I ..lUDt NlDUC v1\h tbI
laDd.) tbat a \hI "lftt flciliti.. art ooutruotld. .at.&1Dtd. 01' oUlIr-
v11t operat.ld CID tbt 111d propert,. ...cribtd a W.I (dtld, 11oea., 1.1',
pI!"I1t, .tc.) tor a pu21lOl' for whicb I IlOT proVU or act1nt,.11 m.nd,d
or for another purpose 1n,01,1n& the pro'1110n or 1111111' terT1ees or
blntUtl, tht (p"lDttt, 1101D1tt. 1."", ~t.... .tc.) .ball Mintain
Ind operate .uch tac111t1.s IDd l,r,1c,s 1n oamp11ance with all otber
I'tquiratnta 1apol.d purllWlt,.tO -9 en Put 21. Ilond1.cr1a1nation in
ftderlll,. l..i.ted ProVU' ot 'tbt Dlparta.nt. or !rlDlportat1OD. IDd II
11id Itculat10D1 II,. be IIIDd.d.
2. ~. (vantH. 11ot!ll". 1111.t, peraitH, .tc., II Ippropriat.., for
hillllt, bil perlml reprtstntat1,es, IUcCtlIOr' in int.trelt, and 1I11sns,
II a part or tbt cons1d.ration bartOr, dot, blrtb,. co"Dlnt. IDd III"" (1n
the OIIt of de.d, IDd 1.llel Idd 'I. I oc'eDlnt runniD1 v1t.b tbe laDcS.)
tbat I (1) DO perl on on tb. arounds or ract, color, or national or1s1n
.ball be .xcluded trat part1c1pat1on in, d.n1td \ht bID.r1t.1 ot, or be
otblrv1.t IUbj.cttd to d1lcr1l1nation a tht UlI or 111d tac11it1.s, (2)
\bat 1n th. ooutMlCt.1OD Or an,. '1aprofDlfttl on, om', or \lDder lucb laDd
and t.ht furn1.h1n& or ttr,1CI' therlon, DO periOD OIl the aroundl of "ot,
oolor, ar naUcmal aripn &ball be excluded trca participation 1ft, dtD1ecS
tb. blntfit. or, ar ot.htM.t be .ubj.cted to d11cr1a1D&tiOC, (3) ~t \he
(crantte, liclnale, 111'11, permit.., et.c.) .ball lilt tht prll1le' 1ft
apl1anc. v1 tb IU ot.btr requ1rtMnt. Sapot.d b1 ar pw".uant to '9 en
Part 21, Iond1.cr1a1naUon 1n ,.deral1,.U.1lttd ProVUJ of tbt DepartMDt.
ot trwportaUon, and II 111d .ecu1aUODI MY be ..ndtd.
...
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