Chapter 1.UNIFORM ACT REQUIREMENTS

Chapter 1.UNIFORM ACT REQUIREMENTS

Section 1.Applicability to Airport Improvement Program (AIP)

1.1.Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act).

a.To ensure that owners of real property to be acquired for Federal and federally-assisted projects are treated fairly and consistently, to encourage and expedite acquisition by agreements with such owners, to minimize litigation and relieve congestion in the courts, and to promote public confidence in Federal and federally-assisted land acquisition programs:

b.To ensure that persons displaced as a direct result of Federal or federally assisted projects are treated fairly, consistently, and equitably so that such displaced persons will not suffer disproportionate injuries as a result of projects designed for the benefit of the public as a whole; and

c.To ensure that Agencies implement these regulations in a manner that is efficient and cost-effective.

1.2.AIP Grant Requirements, Airport Land Projects.

a.Chapter 7 of the AIP Handbook, FAA Order 5100.38, describes the sponsor grant requirements and eligibility for land acquisition and relocation costs. As described in the AIP Handbook, grant agreements require that:

1. The sponsor 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 CFR Part 24 (described in Chapters 2 and 3)

2. The sponsor will pay or reimburse property owners for necessary expenses as specified in 49 CFR 24.10.

3. The sponsor 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 D and E of 49 CFR Part 24. (Chapters 4,5 and 6)

4. The sponsor will make 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.

b. FAA Order 5100.37B. This Order provides FAA Airports field offices guidance on the review and acceptance of sponsor certification and compliance to the regulatory and FAA requirements. This AC is intended to supplement the Order with detailed procedural and documentation guidance to airport sponsors to conform to 49 CFR 24.

c.Acquisition, Relocation, and Certification (ARC). ARC is an instructional guide for sponsors to apply 49 CFR 24 requirements on small airport land projects involving only a few properties and little if any relocation. This instructional program is available online at http://www.flashgov.com/arc.htm or available on a CD from APP600.

1.3.Application of Voluntary Transaction Exemption - 49 CFR Part 24.101(b)

The regulation at 49 CFR 24.101(b) provides that a property owner’s sale may be considered a voluntary transaction and exempt from the land acquisition requirements (described in Chapter 2 and 3) when the owner’s sale to the airport meets ALL of the qualifications listed below. Figure 1-1 applies these qualifying criteria to typical airport project land acquisitions to assist a determination if an owner’s sale may be considered a voluntary transaction. Specific questions may be forwarded to your FAA project manager.

a.The acquisition and possession of the property is not a necessity to complete the airport project (e.g. Airport purchase of a home under a Sales Assurance program). When the sponsor purchases more than one property for such project, all selling property owners are to be treated similarly.

2. The owner’s property is not part of an intended, planned, or within a designated project area where all or substantially all of the property within the areas is eligible and proposed for purchase within specific time limits. An owner’s sale to the airport for an airport expansion or noise buy-out project does not meet this qualification criterion.

3. The sponsor informs the property owner in writing that should negotiations fail to result in an amicable agreement for the purchase the airport will not purchase the owner’s property.

4. The sponsor informs the property owner in writing of the market value of the property.

Under the regulation, the owner of property sold as a qualified Voluntary Transaction is not a displaced person and is not eligible for relocation assistance and payment benefits (described in Chapters 4 through 6). However, any tenant in occupancy when agreement is reached to purchase the property is displaced for the project and is eligible for all applicable relocation payments and assistance provided for under the Uniform Act.

Figure 1-1. Is the Owner’s Sale to an Airport Project a Voluntary Transaction Exception?

Property is Purchased For:	Is Owner’s Sale a Voluntary Transaction?	Is Selling Owner Displaced?
Current or Planned Airport Expansion Project	No	Yes, and entitled to relocation payments.
Airport Noise Compatibility Program Buy-Out of Homes Change in Land Use	No	Yes, and entitled to relocation payments.
Airport Noise Compatibility Program Purchase /Sales Assurance No Change in Land Use	Yes, if owner advised in writing that failing amicable agreement the property would not be purchased.	No
Open Market Sale for AIP Eligible Airport Standards At the time of sale, property was not required for a current or planned FAA Assisted Expansion	Yes, if owner advised in writing that failing amicable agreement the property would not be purchased.	No

1.4.Planning and Federal-Aid Programming.

Airports included in the National Plan of Integrated Airport Systems (NPIAS) are eligible to receive AIP grant funding. Those projects of these airport sponsors included in the current FAA Airport Capital Improvement Program (ACIP) are eligible for grant funding. The sponsor may consult the FAA project manager to confirm the planning status of a proposed project.

1.5.NEPA and FAR 150 Coordination.

As applicable, a proposed project must be evaluated for National Environmental Policy Act (NEPA) conformance prior to commencing work with anticipation of receiving Federal funding. Documentation may entail a minor statement of compliance and conformance to a full environmental impact statement (EIS). FAA Order 5050.4 provides guidance on NEPA requirements for AIP assisted projects. The sponsor should consult the FAA project manager where there is any question concerning completion of the environmental assessments.

A land acquisition project for noise compatibility must be included as a FAA approved measure of the airport’s FAR Part 150 noise compatibility program. See the AIP Handbook, FAA Order 5100.38, at Chapter 8 for eligibility requirements for Noise Compatibility Programs.

1.6.Project Definition.

The grant agreement with the FAA requires the airport sponsor to prepare and maintain a current Property Inventory Map (Exhibit "A") of airport owned land. The Exhibit "A” indicates land acquired for noise mitigation purposes and redeveloped to airport use and/or aviation use as well as land not retained for airport use (see Figure1-2). Through the grant application and approval process, the FAA project manager will provide assistance and specific requirements for the development of Exhibit "A", (also see paragraph 500 of FAA Order 5100.38).

FIGURE 1-2. EXHIBIT "A" PROPERTY INVENTORY MAP

The Exhibit "A" property map must be submitted as part of the project application. The primary intent is to identify all land that is designated airport property and to provide an inventory of all parcels that make up the airport. It is NOT an Airport Layout Plan (ALP) and, therefore, should be limited to those elements, which will assist in the identification of property only. The Exhibit A must conform to standard drafting requirements and at a minimum should contain the following:

• 
  Identification of the outside airport property boundary.
  
• 
  All property parcels of the entire airport must be shown and numbered. In addition, parcels that were once airport property must also be shown.
  
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  Show and/or directly reference parcel information including: Grantee (selling owner), type of interest acquired, and acreage, public land record references such as book & page, and date of recording.
  
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  For each property parcel show FAA project number if acquired under a grant; Surplus Property Transfer or AP 4 Agreement if applicable; and type of easement (clearing, avigation, utility, ROW, etc.); and if released, date of FAA approval.
  
• 
  Show the purpose of acquisition (current aeronautical, noise compatibility, or future development) and current use if different or in interim use pending development.
  
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  Show runway protection zones, runway configurations, and building restriction lines.
  
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  Show magnetic and true north arrows per standard drafting practices.
  
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  If the Exhibit "A" is being submitted as part of a land acquisition project, the parcels being acquired must also be shown.
  
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  The Exhibit "A" must be dated and amended whenever there is a change to any airport property
  

1.7.Real Property Interest to be Acquired.

On AIP assisted projects the sponsor shall acquire real property rights of such nature and extent that are adequate for the construction, operation, and maintenance of the grant assisted project. Normally the sponsor will acquire fee title to all land within the airport boundaries and for the runway protection zone (RPZ). If fee acquisition for the RPZ is not practical then an avigation easement is required. This easement shall secure the right of flight with inherent noise and vibration above the approach surface, the right to remove existing obstruction, and a restriction against the establishment of future obstructions. Generally, where less than fee title is proposed to be acquired the property rights acquired shall be sufficient to encumber the remainder real estate with provisions that will ensure full use of the property as needed for airport construction and/or for safe airport operations conforming to FAA requirements. The FAA project manager should be consulted to assure adequate interest is acquired. As requested, the sponsor will provide evidence to the FAA that adequate title has been obtained, (see Chapter 8 for certification requirements).

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