Notice2022-08412
FY 2022 Competitive Funding Opportunity: Airport Improvement Program Discretionary Grants
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 20, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The U.S. Department of Transportation's Federal Aviation Administration (FAA) announces the opportunity to apply for approximately $1.5 billion in Fiscal Year (FY) 2022 discretionary grants under the Airport Improvement Program (AIP). FAA will award these annually appropriated discretionary funds through the FAA's long- standing iterative, competitive grant process. Prior to the publication of this Notice of Funding Opportunity (NOFO), the FAA identified eligible applicants in its National Plan of Integrated Airport Systems (NPIAS) and compiled potentially eligible projects through the 3-year Airports Capital Improvement Plan (ACIP). Both of these processes are described in FAA Order 5090.5, Formulation of NPIAS and ACIP that authorizes discretionary funds. The AIP funds airport capital improvements and rehabilitation projects. All discretionary grant funding is subject to appropriations, statutory requirements, and related program funding availability.
Full Text
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[Federal Register Volume 87, Number 76 (Wednesday, April 20, 2022)]
[Notices]
[Pages 23690-23695]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08412]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No: FAA-2022-0223]
FY 2022 Competitive Funding Opportunity: Airport Improvement
Program Discretionary Grants
AGENCY: Federal Aviation Administration, U.S. Department of
Transportation.
ACTION: Notice of funding opportunity.
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SUMMARY: The U.S. Department of Transportation's Federal Aviation
Administration (FAA) announces the opportunity to apply for
approximately $1.5 billion in Fiscal Year (FY) 2022 discretionary
grants under the Airport Improvement Program (AIP). FAA will award
these annually appropriated discretionary funds through the FAA's long-
standing iterative, competitive grant process. Prior to the publication
of this Notice of Funding Opportunity (NOFO), the FAA identified
eligible applicants in its National Plan of Integrated Airport Systems
(NPIAS) and compiled potentially eligible projects
[[Page 23691]]
through the 3-year Airports Capital Improvement Plan (ACIP). Both of
these processes are described in FAA Order 5090.5, Formulation of NPIAS
and ACIP that authorizes discretionary funds. The AIP funds airport
capital improvements and rehabilitation projects. All discretionary
grant funding is subject to appropriations, statutory requirements, and
related program funding availability.
DATES: Sponsors that wish to be considered for all opportunities for
discretionary funding throughout FY 2022 should submit applications
that meet NOFO requirements as soon as possible, but no later than
Thursday, June 30, 2022, 11:59 Eastern time to FAA Regional or Airport
District offices per instructions in this NOFO. The FAA will consider
all applications properly submitted prior to this NOFO. Discretionary
grant applications should be based on bids.
FOR FURTHER INFORMATION CONTACT: David F. Cushing, Manager, Airports
Financial Assistance Division, APP-500, at (202) 267-8827.
SUPPLEMENTARY INFORMATION:
A. Program Description
Under 49 U.S.C. 47104, the FAA may issue grants for airport
planning and development in the United States. Eligible projects
include those improvements related to enhancing airport safety,
capacity, security, and environmental concerns. In addition, 49 U.S.C.
47101(1) states that it is the policy of the United States that the
safe operation of the airport and airways system is the highest
aviation priority, and 49 U.S.C. 47101(7) states that airport
construction and improvement projects that increase the capacity of
facilities to accommodate passenger and cargo traffic be undertaken to
the maximum feasible extent so that safety and efficiency increase and
delays decrease. The FAA's safety mission is incorporated into many
aspects of the AIP program including, for example: Justification
requirements for safety and security projects, allowance for certain
Safety Management System (SMS) and Safety Risk Management (SRM) costs,
and allowance for safety and security equipment projects. Within
discretionary funding, safety is incorporated as a scoring factor in
the quantitative formula, which is the National Priority Rating (NPR)
discussed below.
The AIP provides grants to public agencies--and, in some cases, to
private owners and entities--for the planning and development of
public-use airports that are included in the NPIAS. The AIP was
authorized by the Airport and Airway Improvement Act of 1982 (Pub. L.
97-248), which Congress recodified in 1994 as 49 U.S.C. 47101, et seq.
(Pub. L. 103-272). The AIP statutes have been amended several times,
most recently with the passage of the FAA Reauthorization Act of 2018
(Pub. L. 115-254) and subsequent legislation.
The AIP Assistance Listing is 20.106, with the objective to assist
sponsors, owners, or operators of public-use airports in the
development of a nationwide system of airports sufficient to meet the
needs of civil aeronautics. This includes preserving existing airport
infrastructure in a safe and functional operational condition; bringing
airport facilities into conformity with current federal safety
standards; constructing, modifying, or expanding facilities as
necessary to meet demonstrated aeronautical demand; enhancing
environmental sustainability; and providing a balanced system of
airports to meet the roles and functions necessary to support civil
aeronautical demand.
The FY 2022 AIP will be implemented, as appropriate and consistent
with AIP statutory criteria and Executive Order 14008, Tackling the
Climate Crisis at Home and Abroad (86 FR 7619). In addition to
promoting safety, FAA seeks to fund projects that reduce greenhouse gas
emissions and are designed with specific elements to address climate
change impacts. Specifically, the FAA is looking to award projects that
align with the President's greenhouse gas reduction goals, promote
energy efficiency, support fiscally responsible land use and efficient
transportation design, support airport development compatible with the
use of sustainable aviation fuels and technologies, increase climate
resilience, incorporate sustainable pavement and construction materials
as allowable, reduce pollution, and direct the benefits of these
investments equitably. Specifically for AIP, the FAA encourages
applicants to consider how a proposed project directs benefits of
investments in Voluntary Airport Low Emission (VALE) and Zero Emissions
Vehicle (ZEV) programs to disadvantaged communities and ensures
meaningful public engagement, under Executive Order 14008, section 223,
recognizing that these limited programs direct vehicles for primarily
on-airport uses.
In support of Executive Order 13985, Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government (86
FR 7009), the FAA encourages applicants to consider how the project
will address the challenges faced by individuals and underserved
communities in rural areas.
All recipients of federal funding are subject to Title VI of the
Civil Rights Act of 1964, and accompanying regulations; the Americans
with Disabilities Act; Section 504 of the Rehabilitation Act of 1973;
and the associated terms and conditions of any new grant agreements
pursuant to this NOFO as well as prior agreements for AIP grants
executed by grantees. See also 28 CFR 50.3 (U.S. Department of Justice
Guidelines for Enforcement of Title VI of the Civil Rights Act of
1964); and 49 CFR part 28 (entitled Enforcement of Nondiscrimination On
The Basis Of Handicap in Programs or Activities Conducted by the
Department of Transportation). In certain circumstances, failure to
ensure that Limited English Proficiency (LEP) persons can effectively
participate in or benefit from federally assisted programs and
activities may violate the prohibition under Title VI of the Civil
Rights Act of 1964, 42 U.S.C. 2000d, and Title VI regulations against
national origin discrimination.
Due to the agency's implementation of the AIP statutory process for
determining discretionary funding awards, the FAA did not previously
issue NOFOs for competitive grants. This is the first fiscal year the
FAA is issuing a NOFO for this well-established capital infrastructure
program.
B. Federal Award Information
On average, for the last ten years, $3.35 billion has been
appropriated annually for AIP. AIP grants include both apportioned (or
entitlement) and discretionary (or competitive) funds. Apportioned
funds are allocated in accordance with 49 U.S.C. 47114, based on an
airport's size and level of activity. Discretionary funds are made
available in accordance with 49 U.S.C. 47115 and 49 U.S.C. 47117.
Public Law 115-254, titled ``FAA Reauthorization Act of 2018,''
authorizes $3.35 billion in funding authority for the AIP to administer
grants for airport planning, development, and noise compatibility
planning and programs each fiscal year from October 1, 2018, through
September 30, 2023.
This NOFO is being issued under the Consolidated Appropriations
Act, 2022 (Pub. L. 117-103). Funding beyond the current available
program amount, is subject to appropriations and the availability of
future funds.
In FY 2021, 404 discretionary grants were issued, totaling
approximately $1.5 billion. The discretionary grants ranged in amount
from $25,000 to $37,000,000.
[[Page 23692]]
The average AIP discretionary grant was $4,000,000. In FY 2022, the FAA
anticipates awarding discretionary grants beginning in April 2022 with
an individual grant 4-year period of performance.
The AIP is an annual program, and AIP projects are funded based on
a planning process described in Order 5090.5, Formulation of NPIAS and
ACIP. In this process, the FAA works with potential award recipients on
eligible and justified development needs.
The FAA uses the NPIAS to identify airports that have a role in the
National Airspace System (NAS) and all potential airport development
projects that are eligible for AIP funding at those airports. The FAA
formulates a 3-year ACIP to guide the assignment of AIP funding to
projects based on airport development needs identified in the NPIAS.
The 3-year ACIP, as a subset of the NPIAS, is an annual process for
reviewing the NPIAS for development project needs. From this ACIP the
FAA identifies candidates that are ready to accept a grant, including
those that may apply for discretionary funding. Discretionary funding
includes 5 types of set-aside funding categories, further described in
Section D. 5. The process begins with each eligible airport operator
submitting its individual airport capital improvement plan, and follows
with the formulation of the NPIAS Report, the National ACIP, and the
Discretionary Candidate List (DCL). The DCL accounts for all AIP
projects competing for discretionary funding for the first year of the
3-year ACIP. The DCL is prioritized based on quantitative and
qualitative criteria, which are discussed in greater detail in NOFO
section E. 1. and E. 2.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants are public agencies owning a public-use NPIAS
airport; private entities owning a public-use NPIAS airport; States
acting as a sponsor for one or more specific NPIAS airports in the
State; Indian tribes or pueblos owning or leasing a public-use NPIAS
airport; the Secretary of the Interior for Midway Island Airport; the
Republic of the Marshall Islands; the Federated States of Micronesia;
and the Republic of Palau, and other applicants as outlined in Table 2-
1 of Order 5100.38, Airport Improvement Program Handbook ``AIP
Handbook'' available at: <a href="https://www.faa.gov/airports/aip/aip_handbook/">https://www.faa.gov/airports/aip/aip_handbook/</a>.
2. Cost Sharing or Matching
AIP grants generally have Federal shares ranging from 70 percent to
95 percent. The Federal share percentage is based on the airport size
and type of project per statute. Federal share by airport and project
type can be found in Chapter 4 of the AIP handbook.
3. Project Eligibility
Discretionary funds are made available in accordance with 49 U.S.C.
47115, 49 U.S.C. 47117, and 49 U.S.C. 47120 to fund needs that exceed
an airport's available apportioned funds. Apportioned funds are
allocated in accordance with 49 U.S.C. 47114 and must be used on an
airport's highest priority project(s). Discretionary funding is
determined after entitlement funding has been determined. However, the
FAA reviews both discretionary grants and entitlement grants for
eligibility and justification per the statutory ACIP process as
described below.
All projects funded with AIP must be justified and eligible under
49 U.S.C. 48103, as further outlined in Chapter 3 of the AIP Handbook.
Eligible projects include those improvements related to enhancing
airport safety, capacity, security, and environmental sustainability as
well as evidence showing compliance with federal civil rights laws. In
general, sponsors can receive AIP funds for most airfield capital
improvements or rehabilitation projects and, in some specific
situations, for terminals, hangars, and nonaviation development.
Certain professional services that are necessary for eligible projects
(such as planning, surveying, and design) may also be eligible. The FAA
must be able to determine a proposed project is justified based on
civil aeronautical demand. The projects must also meet Federal
environmental, Buy American, and 2 CFR part 200 procurement
requirements.
The discretionary planning process is a subset of the ACIP
formulation process. Funds are assigned to projects in the ACIP based
on project priority, funding types, and project type. Assignment of
funds in the ACIP does not guarantee funding. Funding levels may vary
based on annual appropriations. Discretionary projects in the ACIP are
evaluated for priority and readiness in accordance with the AIP
Handbook. Inclusion of a project in the national ACIP does not
constitute a commitment of Federal funding. For a project to be funded
under AIP, it must meet the prerequisites for funding, as found in the
AIP Handbook ``Table 3-1--The General Requirements for Project
Funding.'' These prerequisites include, but are not limited to, the
project being included in the airport's approved layout plan, an
environmental determination, all necessary airspace studies, title to
land, the satisfaction of intergovernmental review and airport user
consultation requirements, and reasonable project readiness. For the
complete list, refer to the Handbook Table 3-1, available at <a href="https://www.faa.gov/airports/aip/aip_handbook/">https://www.faa.gov/airports/aip/aip_handbook/</a>?Chapter=3#S0301. The release of
funds for each individual grant project is contingent upon grant
recipients meeting all of these prerequisite milestones.
D. Application and Submission Information
1. Address To Request Application Package
All inquiries should be directed to the appropriate Regional Office
(RO) or Airport District Office (ADO). RO/ADO contact information is
below. <a href="https://www.faa.gov/airports/regions/">https://www.faa.gov/airports/regions/</a>.
Application forms are at: <a href="https://www.faa.gov/airports/resources/forms/">https://www.faa.gov/airports/resources/forms/</a>.
2. Content and Form of Application Submission.
For content and application information, reference Standard
Operating Procedure for FAA Review and Approval of an Airport
Improvement Program (AIP) Grant Application. <a href="https://www.faa.gov/airports/resources/sops/media/arp-sop-600-grant-application.pdf">https://www.faa.gov/airports/resources/sops/media/arp-sop-600-grant-application.pdf</a>.
The final grant application funding requests should be based on
bids or firm costs, not estimates. In addition, in FY 2022, the FAA
will consider eligible and justified projects per statute 49 U.S.C.
47103, 47104, 47106, 47107, 47108, and 47109 that further the
Administration's goals of safety, environmental stewardship, including
climate change and sustainability, equity, creation of good jobs and
infrastructure investment aligning with Executive Orders identified in
this NOFO. Applications should briefly describe how the proposed
project meets at least one of these goals. The Administration's Goals
are identified for each discretionary project based on the following
definitions.
Equity--Projects that advance equity for all, including people of
color and others who have been historically underserved, marginalized,
and adversely affected by persistent poverty and inequality. Examples
are projects in Economically Distressed Areas (EDA), projects to meet
ADA requirements, and projects in Tribal communities. The statutory
criteria used for EDA impacted
[[Page 23693]]
communities is explained at the Economically Distressed Areas (EAS/EDA
Determinations) Special Rule web page. This definition also applies to
statutory requirements under 49 U.S.C. 47102(3)(f) Airport Development
and 47123 Non discrimination. In addition, FAA must assess that all
grantees are compliant with Title VI of the Civil Rights Act of 1964,
Section 504 of the Rehabilitation Act, and other federal civil rights
statutes.
Environmental Stewardship--Projects that promote an equitable,
clean energy future as well as standards that protect our air, water,
and communities. Examples are any environmental improvements, noise
projects, VALE/ZEV, deicing containment, and drainage improvements.
Job Creation--Projects that create good jobs in the community and
support good paying construction jobs. Examples are projects to expand
cargo or manufacturing operations, fuel farms, hangars and terminals.
Infrastructure Investment--Capital airport development projects,
including projects that repair, renew, and upgrade the airports'
infrastructure. ``Airport development'' is defined in 49 U.S.C.
47102(3) and includes a list of activities if those activities are
undertaken by the sponsor, owner, or operator of a public-use airport.
As stated, safety enhancements and the preservation of a safe
environment is an element of nearly every AIP project.
3. Unique Entity Identifier and System for Award Management (SAM)
Applicants must comply with 2 CFR part 25--Universal Identifier and
System for Award Management. All applicants must provide a unique
entity identifier provided by SAM. Additional information about
obtaining a Unique Entity Identifier (UEI) and registration procedures
may be found at the SAM website (currently at <a href="http://www.sam.gov">http://www.sam.gov</a>). Each
applicant is required to: (1) Be registered in SAM before submitting an
application; (2) provide a valid UEI in its application; and (3)
continue to maintain an active SAM registration with current
information at all times during which the applicant has an active
Federal award or an application or plan under consideration by the FAA.
Under the AIP, the UEI and SAM account must belong to the entity that
has the legal authority to apply for, receive, and execute AIP grants.
Once awarded, the FAA grant recipient must maintain the currency of
its information in the SAM until the grant recipient submits the final
financial report required under the grant or receives the final
payment, whichever is later. A grant recipient must review and update
the information at least annually after the initial registration and
more frequently if required by changes in information or another award
term.
The FAA may not make an award until the applicant has complied with
all applicable UEI and SAM requirements. If an applicant has not fully
complied with the requirements by the time the FAA is ready to make an
award, the FAA may determine that the applicant is not qualified to
receive an award and use that determination as a basis for making a
Federal award to another applicant.
Non-Federal entities that have received a Federal award are
required to report certain civil, criminal, or administrative
proceedings to SAM (currently the Federal Awardee Performance and
Integrity Information System (FAPIIS) <a href="http://www.fapiis.gov">www.fapiis.gov</a>) to ensure
registration information is current and comply with Federal
requirements. Applicants should refer to 2 CFR 200.113 for more
information about this requirement.
4. Submission Dates and Times
Sponsors that wish to be considered for AIP discretionary funding
throughout FY 2022 should submit applications that meet these NOFO
requirements as soon as possible to FAA Regional or Airport District
offices. All applications submitted prior to this NOFO will be
considered if they meet all existing law, federal regulations, NOFO
requirements, and FAA policy.
The FAA will consider applications on a rolling basis, and the
final deadline to submit discretionary grant applications is Thursday,
June 30, 2022, 11:59 Eastern time. Dates are subject to possible
adjustment based on future legislation. Under 49 U.S.C. 47115, the
Secretary of Transportation, through the FAA, will consider projects
that are the most appropriate to carry out the statute at any time
prior to September 30, 2022.
Information about entitlement funds can be found at 86 FR 72304,
published on December 21, 2021.
5. Funding Restrictions
Under 49 U.S.C. 47115 and 47116, projects must meet airport and
project eligibility and justification criteria. Eligibility is derived
from statute and may include projects to enhance airport safety,
capacity, security, and environmental concerns. In general, sponsors
may receive AIP funds for most airfield capital improvements and in
specific situations, for terminals, hangars, equipment, and non-
aeronautical development. Projects related to airport operations are
not eligible for funding. Operational costs--such as salaries,
equipment, and supplies--are not eligible for AIP grants.
Furthermore, Chapter 4 of the AIP Handbook describes the funding
restrictions by airport type (Table 4-4) and project restrictions by
fund type (Table 4-5). Discretionary funding is broken down into 5
categories: 1. Environmental Set-Aside, which includes Noise
Compatibility and Implementation Programs, the VALE Program, and ZEV
Program; 2. Reliever Set Aside; 3. Military Airport Program (MAP) Set-
Aside; 4. Capacity/Safety/Security/Noise (C/S/S/N); and 5. Pure
Discretionary. Each of these fund types has certain public use NPIAS
airport categories that can use this funding, as described in Table 4-4
of the AIP Handbook, for example, C/S/S/N funding is only available to
primary and reliever airports. Each of the discretionary fund types
also has certain project restrictions by fund type, as outlined in
Table 4-5 of the AIP Handbook, for example, Reliever Set Aside funding
may not be used for terminal buildings.
The AIP has funding restrictions by airport and/or project type.
Please see below criteria and refer to AIP Handbook, Chapter 3 and 4,
for further details on eligibility criteria and funding restrictions
available at: <a href="https://www.faa.gov/airports/aip/aip_handbook/">https://www.faa.gov/airports/aip/aip_handbook/</a>. The AIP
Handbook is the published policy for AIP. Except where options are
specifically noted or where non-mandatory language is used, the
procedures and requirements are mandatory. The general requirements for
project funding include considerations of: Project eligibility; project
justification; good title of airport property; an FAA approved airport
layout plan; a complete intergovernmental review; airport-user
consultations; complete required environmental reviews; a determination
that the grant will yield a usable unit of work; certification that the
project specification will meet FAA standards; applicable cost
justifications; and a work plan to complete the project without
unreasonable delay.
6. Other Submission Requirements
Contact RO/ADO for the submission process. RO/ADO contact
information is below. <a href="https://www.faa.gov/airports/regions/">https://www.faa.gov/airports/regions/</a>.
[[Page 23694]]
E. Application Review Information
1. Criteria
The Secretary of Transportation will evaluate and administer AIP
applications consistent with the statutory criteria as described in 49
U.S.C. 47115. Under 49 U.S.C. 47115(d), capacity enhancement projects
have additional considerations, including a project's impact on
national transportation system capacity, airport capacity, and global
air cargo activity. For all projects, 49 U.S.C. 47115(d)(2) states that
in selecting a project for a grant under that section, the Secretary
shall consider among other factors whether funding has been provided
for all other projects qualifying for funding during the fiscal year
under this chapter that have attained a higher score under the
numerical priority system employed by the Secretary in administering
the fund; and the sponsor will be able to commence the work identified
in the project application in the fiscal year in which the grant is
made or within 6 months after the grant is made, whichever is later.
The ACIP emphasizes using AIP funding on the highest priority projects
as required by statute. The numerical priority system is described in
section E.2. of this NOFO.
Annual submission from a sponsor of its 5-year Capital Improvement
Program (CIP) to the FAA typically initiates the review process. In
order for the FAA to include a project in the ACIP, the project must be
eligible and justified.
Selection criteria include project eligibility, justification,
readiness, and the availability of funds. For a project to be funded
through the AIP, certain prerequisites must be completed. These
prerequisites are: The project is included in the airport's approved
layout plan, an environmental determination, and all necessary airspace
studies. Prerequisites must be met in order for grant funding to be
released.
2. Review and Selection Process
The FAA's review of submitted projects takes place during the
formulation of the ACIP. Through the annual ACIP process, the FAA
systematically identifies, plans, and prioritizes airport planning and
development projects for AIP funding to produce a three-year funding
plan. The ACIP is a needs-based and financially-constrained plan for
funding development over a rolling three-year period. The National
Priority System (NPS) equation is used to calculate the National
Priority Rating (NPR), a quantitative measure used for ranking project
importance. The NPR is calculated using the NPS equation, which
considers the type of airport, the purpose of the project, the
component of the project, and the type of action. The resulting score,
between 1 and 100, is known as the national priority rating (NPR). The
NPR score prioritizes airport development projects according to FAA
goals and objectives, with higher numerical scores indicating the
project is more aligned with FAA goals and objectives. The maximum
value of the NPS equation is 100. NPIAS-ACIP Order Section 5.7.3 and
NPIAS-ACIP Order Appendix B provide a detailed explanation of the NPS
Equation, which is available at <a href="https://www.faa.gov/airports/planning_capacity/npias_acip_order/">https://www.faa.gov/airports/planning_capacity/npias_acip_order/</a>.
In the administration of the AIP, the FAA gives the highest
priority to projects that enhance safety and security at airports.
Other major objectives are achieved by awarding AIP funds to projects
that maintain existing airport infrastructure and increase or maintain
the capacity of existing facilities to accommodate increasing passenger
and cargo demand.
DCL projects are prioritized based on the NPR. The NPR emphasizes
using AIP funding on the highest priority projects as required by
statute. However, the NPR is always the only factor for determining a
project's priority. For this reason, the ACIP process considers other
qualitative factors to supplement the NPR score in determining
priorities. Qualitative factors are assessed through project
justifications and priority project identification. FAA goals
considered in project justifications include Safety or Security, System
Capacity, Environment, and Access. Qualitative factors do not impact
the NPR for a given project but are taken into account in funding
decisions.
This program also supports the President's goals to mobilize
American ingenuity to build modern infrastructure and an equitable,
clean energy future while supporting the creation of good jobs. The FAA
will consider discretionary grants that advance the goals of the
President's Executive Order 13985, ``Advancing Racial Equity and
Support for Underserved Communities Through the Federal Government'';
the President's Executive Order 13988, ``Preventing and Combating
Discrimination on the Basis of Gender Identity or Sexual Orientation'';
the President's Executive Order 14008, ``Tackling the Climate Crisis at
Home and Abroad''; and the President's Executive Order 14025, ``Worker
Organizing and Empowerment.'' The FAA will consider the extent to which
the project incorporates considerations of climate change and
sustainability, to the extent possible within the program. FAA will
consider the extent to which the project proactively addresses racial
equity and barriers to opportunity, to the extent possible within the
program.
In addition to the Administration's priority of promoting building
infrastructure with American workers detailed in the President's
Executive Order 14005, ``Ensuring the Future is Made in all of America
by All of America's Workers,'' every AIP grant recipient must comply
with the requirements under the Build America, Buy America Act (Pub. L.
117-58).
Also, in addition to this program supporting the President's
Executive Order 13166, ``Improving Access to Services for Persons with
Limited English Proficiency,'' all recipients of federal funding are
subject to Title VI of the Civil Rights Act of 1964, which includes the
requirement that, in certain circumstances, grant recipients ensure
that persons with LEP can effectively participate in or benefit from
federally assisted programs and activities, such as those arising from
an AIP grant pursuant to this NOFO, and the terms of any AIP grant
agreement.
3. Integrity and Performance Check
Prior to making a Federal award with a total amount of Federal
share greater than the simplified acquisition threshold, the FAA is
required to review and consider any information about the applicant
that is in the designated integrity and performance system accessible
through SAM (currently FAPIIS) (see 41 U.S.C. 2313). An applicant, at
its option, may review information in the designated integrity and
performance systems accessible through SAM and comment on any
information about itself that a Federal awarding agency previously
entered and is currently in the designated integrity and performance
system accessible through SAM. The FAA will consider any comments by
the applicant, in addition to the other information in the designated
integrity and performance system, in making a judgment about the
applicant's integrity, business ethics, and record of performance under
Federal awards when completing the review of risk posed by applicants
as described in 2 CFR 200.206.
F. Federal Award Administration Information
1. Federal Award Notices
AIP awards are announced through Congressional notification, and
the FAA RO/ADO representative will contact the sponsor with further
information and
[[Page 23695]]
instructions. Once all pre-grant actions are complete, the FAA RO/ADO
will offer the sponsor a grant for the announced project. This offer
may be provided through postal mail or by electronic means, and it
includes an offer letter and a grant agreement. Once the sponsor
accepts the offer and has fully executed the grant agreement, that
agreement becomes the legally binding grant award document. Awards made
under this program are subject to conditions and assurances in the
grant agreement. In FY 2022, the FAA will announce awards several times
throughout the fiscal year, but no later than September 30, 2022. These
announcements can include entitlement and discretionary awards.
2. Administrative Requirements
i. Pre-Award Authority
Under 49 U.S.C. 47110(b)(2), all project costs must be incurred
after the grant execution date unless specifically permitted under the
AIP statutes. Table 3-60 of the AIP Handbook lists the rules regarding
when project costs can be incurred in relation to the grant execution
date, the type of funding, and the type of project. Certain airport
development costs incurred before execution of the grant agreement are
allowable, but only if certain conditions under 49 U.S.C.
47110(b)(2)(D) and Table 3-60 of the AIP Handbook are met.
Specifically, all allowable costs using passenger, cargo, and
nonprimary entitlement (formula) funding after 9/30/1996 may be
reimbursed regardless of whether they were incurred before the grant
was executed as long as all other applicable AIP requirements have been
met. In addition, allowable costs using any or all the following
discretionary, state apportionment (including insular) and Alaska
supplemental funding project costs must have been incurred after the
grant execution date. The only exceptions are based on statute and are
relating to the Part 150 Noise Mitigation program, project formulation
for development and planning projects, land acquisition, letters of
intent, and design-build projects, Military Airport Program and
climate-related conditions.
ii. Planning
The FAA encourages applicants to review and understand the long-
term planning process in the lifecycle of an AIP grant. The planning
process for a particular project begins several years before a fiscal
year in which a grant is awarded. FAA Order 5090.5 establishes
guidelines for the two Federal plans essential to airport development:
The National Plan of Integrated Airport Systems (NPIAS) and the
Airports Capital Improvement Plan (ACIP) is available at <a href="https://www.faa.gov/airports/planning_capacity/npias_acip_order/">https://www.faa.gov/airports/planning_capacity/npias_acip_order/</a>.
iii. Grant Requirements
All grant recipients are subject to the grant requirements of the
AIP, which includes requirements of 49 U.S.C. Chapter 471. Grant
recipients are subject to requirements in the FAA's Agreement for AIP
for financial assistance awards, the annual Certifications and
Assurances required of applicants, and any additional applicable
statutory or regulatory requirements, including nondiscrimination
requirements, 2 CFR part 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards. Grant
requirements include, but are not limited to, approved project on an
airport layout plan, compliance with federal civil rights laws, Buy
American requirements under 49 U.S.C. 50101, Build America, Buy America
Act requirements under Public Law 117-58, Transportation Disadvantaged
Business Enterprise (DBE) program regulations for Airports (49 CFR part
23 and 49 CFR part 26), and Davis-Bacon Act, as amended (40 U.S.C.
276a--276a-5).
iv. Standard Assurances
Applicants must assure that it will comply with all applicable
Federal statutes, regulations, executive orders, directives, FAA
circulars, and other Federal administrative requirements in carrying
out any project supported by the AIP grant. Applicants must acknowledge
that they are under a continuing obligation to comply with the terms
and conditions of the grant agreement issued for its project with the
FAA. Applicants understand that Federal laws, regulations, policies,
and administrative practices might be modified from time to time and
may affect the implementation of the project. Applicants must agree
that the most recent Federal requirements will apply to the project
unless the FAA issues a written determination otherwise.
Applicants must submit the Certifications and Assurances before
receiving a grant, including sponsor grant assurances and 2 CFR part
200. The Airport Sponsor Assurances are available on the FAA website
at: <a href="https://www.faa.gov/airports/aip/grant_assurances/">https://www.faa.gov/airports/aip/grant_assurances/</a>.
3. Reporting
The grant recipient is subject to financial reporting per 2 CFR
200.328 and performance reporting per 2 CFR 200.329. Under the AIP, the
grant recipient is required to comply with all Federal financial
reporting requirements and payment requirements, including the
submittal of timely and accurate reports. Financial and performance
reporting requirements are available in the FAA October 2020 Financial
Reporting Policy, which is available at <a href="https://www.faa.gov/airports/aip/grant_payments/media/aip-grant-payment-policy.pdf">https://www.faa.gov/airports/aip/grant_payments/media/aip-grant-payment-policy.pdf</a>.
The grant recipient must comply with annual audit reporting
requirements. The grant recipient and sub-recipients, if applicable,
must comply with 2 CFR part 200 subpart F Audit reporting requirements.
The grant recipient must comply with any reporting requirements
outlined in 2 CFR part 180, OMB Guidelines to Agencies on Government-
wide Debarment and Suspension.
G. Federal Awarding Agency Contact(s)
Please contact your local Regional Office or District Office.
Contact information is available at <a href="https://www.faa.gov/airports/regions/">https://www.faa.gov/airports/regions/</a>.
Issued in Washington, DC, on April 14, 2022.
Robert John Craven,
Director, Office of Airport Planning and Programming.
[FR Doc. 2022-08412 Filed 4-19-22; 8:45 am]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on April 20, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.