Federal Aviation Administration Advisory Circular
Chapter 8.SPONSOR CERTIFICATION
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- 1.2.Compliance To The Uniform Act (49 CFR Part 24).
- 1.3.Sponsor Compliance Review and Quality Control.
- 1.4.FAA Program Monitoring.
Chapter 8.SPONSOR CERTIFICATION1.1.Title Evidence.When requested by FAA, the sponsor is required to provide evidence that adequate title has been obtained for acquired property. As applicable the property interest obtained must be sufficient to permit possession and control for public airport purposes and allow the sponsor to carry out the obligations and covenants in the grant agreements. Adequate title evidence must be secured and certified by the sponsor's attorney to support the sponsor's certification. Appendix 4 entitled "Guidelines for Sponsor Certification of Title” provides guidelines that may be used by the sponsor's attorney in the preparation and submittal of the title certification when requested by the FAA. 1.2.Compliance To The Uniform Act (49 CFR Part 24).a.Certification. The sponsor shall certify that real property was acquired in conformance to the Uniform Act. The sponsor shall, as applicable, certify that all persons displaced from their homes for the project had been offered comparable replacement housing, and that all persons in occupancy at the initiation of negotiations had vacated the property and had been provided reimbursement of their moving expenses to a replacement site in accordance with he requirements of the Uniform Act. This certification will be required to be provided concurrently with a sponsor's request for reimbursement and shall cover the specific parcels for which the sponsor is requesting reimbursement of costs. Certification is also required for FAA grant approval for construction requiring the use of land previously acquired. As applicable certification for construction operations shall provide the status of possession and clearance of the acquired property to accommodate construction. The sponsor management, with authority over the acquisition and relocation process, shall sign the certification statement. Figure 8-1 provides a sample certification statement. This certification form may be downloaded at http://www.faa.gov/arp/financial/aip/5100_38c_appendix25.pdf.b.Documentation. The sponsor shall maintain adequate documentation to support the above certification and to evidence compliance with the Uniform Act and FAA reimbursement requirements. Figure 8-2 provides a checklist which details minimum supporting documentation to be maintained in sponsor parcel files. Documentation deficiencies may result in the loss of Federal funds for costs that may be cited and/or questioned on Federal audit of sponsor program billings.1.3.Sponsor Compliance Review and Quality Control.It is recommended that the sponsor institute a compliance review and quality control function to assure maximum Federal reimbursement of eligible costs. Appendix 3 provides a suggested format to develop a land project Quality Control Program (QCP) that sponsors may complete prior to billing costs for Federal reimbursement. A sponsor instituted QCP will provide greater assurance of the reasonableness of cost incurred to FAA. Depending on the complexity of the project and of the sponsor's organization and fiscal operations the exact structure for this review may vary. However, the review process relies on the detection and correction of errors as they may occur, and generally it may be expected that a simple review process may easily be incorporated into the operational and fiscal functions of the sponsor's existing organizational structure. 1.4.FAA Program Monitoring.FAA will perform periodic reviews of sponsor programs to assure conformance to Uniform Act mandates. Should program deficiencies be encountered the sponsor will be requested to initiate corrective action to restore compliance. These reviews will also be conducted to provide technical assistance to sponsors to facilitate compliance and program efficiency. The FAA and the sponsor share the common goals to maximize the public benefit of the sponsor's grant and to assure full accountability for the compliance of the sponsor's program to the requirements of the Uniform Act. Appendix 1 provides a sample spot check review form that notes the applicable regulatory requirement for a particular work item. This form is available for use by FAA project managers and airport sponsors to review program compliance. This sample form notes the applicable regulatory requirement and AC reference to the particular work item.
Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on real property acquisition and relocation assistance are in Title 49, Code of Federal Regulations (CFR), Part 24. The AIP project grant agreement contains specific requirements and assurances on the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Uniform Act), as amended. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards.
I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked “no” that is correct and complete.
FIGURE 8-2 ACQUISITION/RELOCATION RECORDS CHECKLIST Displacee Name _______________________ Parcel# _______ Project# _______ Original Address ______________________________________________________ New Address ___________________________________________________________ Phone No.:__________________________________________ Relocation Agent: ______________________
Place X for each item, if adequate documentation is in file. Use N/A for non applicant items. ____________________________________________________________________ PART A. ACQUISITION (owner occupied property only) 1. Appraisal report date, amount, certification? __ 2. Owner given opportunity to accompany appraiser? __ 3. Appraisal review date, amount & justification? __ 4. Initiation of Negotiations, Written offer & Summary Statement? __ 5. Offer to acquire tenant-owned improvements? __ 6. Offer to buy uneconomic remainder made to owner? __ 7. Negotiations log and negotiator's certification? __ 8. Administrative settlement date, amount, and justification? __ 9. Condemnation award date, amount & documentation? __ 10. Just compensation paid or deposited in court prior to date of physical possession? __ 11. Incidental expenses paid? Settlement sheet in file? __ ______________________________________________________________________ PART B. RELOCATION-GENERAL 1. Displacee given relocation brochure? __ 2. Acquisition stage relocation plan, displacee's relocation needs determined? __ 2. Displacee offered relocation advisory services? __ 3. Displacee provided written notice of eligibility? __ 5. 90 day notice to vacate ? __ 6. Relocation contact log? __ 7. Displacee notified of right to appeal? __ 8. Actual move date? __
1. Moving costs documented, (actual or scheduled payment)? __ 2. Personal property storage, location, duration, bills? __ 3. Calculation and certification of replacement housing payment eligibility? __ 4. Offer to provide transportation to search for replacement housing, as needed? __ 5. D.S.S. inspection and certification? __ 6. Actual purchase price or monthly rent documented (deed/lease)? __ 7. Closing costs and/or increased mortgage interest differential? Settlement sheet in file? __ 8. Relocation payment claims? __ 9. Date and amount of each payment allowed? __ 10. Last Resort Housing plan and justification? __
1. Actual cost commercial move-receipted bills? __ 2. Self move-bids, cost of obtaining bids, inventory moving expenses finding? __ 3. Actual direct losses of tangible personal property; advertising & sale costs, etc.? __ 4. Searching expenses-bills, certified statement of time spent & wage rate? __ 5. Fixed business (in lieu of) moving expense-payment, justification? __ 6. Business re-establishment expenses? __ 7. Relocation payment claims? __ 8. Date and amount of each payment allowed? __
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