Subject: LAND ACQUISITION AND RELOCATION ASSISTANCE FOR AIRPORT IMPROVEMENT PROGRAM (AIP) ASSISTED PROJECTS
Date: November 7, 2005
Initiated by: APP-600
AC No: 150/5100-17
1. PURPOSE. This advisory circular (AC) provides guidance to sponsors of Airport Improvement Program (AIP) assisted projects to develop their land acquisition and relocation assistance procedures in conformance to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Pl 91-646, as amended). This change incorporates the updates to implementing Federal regulations 49 CFR Part 24, and all prior changes to the AC, number 1 through 5.
a. Background. Chapter 471 of Title 49 of the United States Code (U.S.C.) authorizes the AIP. Previously, the Airport and Airway Improvement Act of 1982 (P.L. 97-248, as amended, repealed in 1994 by Public Law 103-272 on July 5, 1994) authorized the AIP. Codification of Certain U.S. Transportation Laws at Title 49 U.S.C. and the provisions were recodified as Chapter 471. No substantive changes were made in the recodification. Since the original authorization the Act has been amended in 1994, 1996, 1999, 2000, 2001, 2002 and again in 2003, to change the annual authorizations for fiscal year 1994 through FY 2007 as well as numerous other program changes. The Act’s broad objective is to assist in the development of a nationwide system of public-use airports adequate to meet the current needs and the projected growth of civil aviation. The Act provides funding for airport planning and development projects at airports included in the National Plan of Integrated Airport Systems (NPIAS).
b. The Uniform Act. The Uniform Act provides minimum real property acquisition policies, and requires uniform and equitable treatment of persons displaced as a result of a Federally assisted program or project. The provisions of the Uniform Act and 49 CFR Part 24 apply to all AIP projects with Federal funds in any phase or portion of the project, i.e., the planning, design, land acquisition, or construction phases.
2. RELATED READING MATERIAL
a. Uniform Relocation Assistance and Real Property Acquisition Policies Act (42 USC 4601 et seq.)
b. 49 CFR Part 24, Regulations of the Office of the Secretary of Transportation.
c. Order 5100.37, Land Acquisition and Relocation for Airport Development Projects.
d. Order 5100.38, Airport Improvement Program (AIP) Handbook.
g. Advisory Circular 150/5100-14, Architectural, Engineering and Planning Consultant Services for Airport Grant Projects.
h. Advisory Circular 150/5300-13, Airport Design.
3. RESPONSIBILITY. The Federal government, through the FAA on AIP programs, has the responsibility to ensure uniform and equitable treatment to persons affected by Federally assisted airport land acquisition programs, within the provisions and entitlements of the Uniform Act. The stated purpose of the Uniform Act is to ensure that affected persons shall not suffer disproportionate injuries as a result of programs and projects designed for the benefit of the public as a whole and to minimize the hardship of displacement on such persons. Procedures conforming to 49 CFR Part 24 and FAA policies serve to accomplish this purpose. The FAA shall monitor sponsor compliance with the provisions of 49 CFR Part 24, and the sponsor shall take whatever corrective action necessary to comply with the Uniform Act and 49 CFR Part 24.
4. FORMS AND REPORTS. The sample forms depicted in the Appendix are in digital format and are available on the web for review and download as may be desired.