733
Federal Aviation Administration, DOT
§ 152.209
States share of the allowable cost of an
airport development project approved
for the specified year:
(1) 90 percent in the case of grants
made from funds for fiscal years 1976,
1977, and 1978, and grants from funds
for fiscal year 1980 made after February
17, 1980, for—
(i) Each air carrier airport, other
than a commuter service airport,
which enplanes less than one quarter of
one percent of the total annual pas-
sengers enplaned as determined for
purposes of making the latest annual
apportionment under section 15(a)(3) of
the AADA;
(ii) Each commuter service airport;
and
(iii) Each general aviation or reliever
airport.
(2) 80 percent in the case of grants
made from funds for fiscal year 1979
and grants from funds for fiscal year
1980 made before February 18, 1980, for
the airports specified in paragraph
(a)(1) of this section.
(3) 75 percent in the case of grants
made from funds for fiscal years 1976
through 1980 for airports other than
those specified in paragraph (a)(1) of
this section.
(b) In a State in which the unappro-
priated and unreserved public lands
and nontaxable Indian lands, both indi-
vidual and tribal, are more than five
percent of the total land in that State,
the United States’ share under para-
graph (a) of this section—
(1) Except as provided in paragraph
(b)(2) of this section, shall be increased
by the smaller of—
(i) 25 percent; or
(ii) A percentage (rounded to the
nearest one-tenth of a percent) equal to
one-half of the percentage which the
area of those lands is of the total land
area of the state; and
(2) May not exceed the greater of—
(i) The percentage share determined
under paragraph (a) of this section; or
(ii) The percentage share applying on
June 30, 1975, as determined under
paragraph (b)(1) of this section.
(c) In the case of terminal develop-
ment, the United States share shall be
50 percent.
(d)
Airport planning.
The United
States share of the allowable project
costs of an airport planning project
shall be—
(1) In the case of an airport master
plan, that percent for which a project
for airport development at that airport
would be eligible;
(2) In the case of an airport system
plan, 75 percent.
§ 152.207 Proceeds from disposition of
land.
Unless otherwise authorized by the
Administrator, when a release has been
granted authorizing the sponsor to dis-
pose of land acquired with assistance
under part 151 of this chapter or this
part, or through conveyances under the
Surplus Property Act, the proceeds re-
alized from the disposal may not be
used as matching funds for any airport
development project or airport plan-
ning grant, but may be used for any
other airport purpose.
§ 152.209 Grant payments: General.
(a) An application for a grant pay-
ment is made on a form and in a man-
ner prescribed by the Administrator,
and must be accompanied by any sup-
porting information, that the FAA
needs to determine the allowability of
any costs for which payment is re-
quested.
(b)
Methods of payment.
Grant pay-
ments to sponsors and planning agen-
cies will be made by—
(1) Letter of credit;
(2) Advance by Treasury check; or
(3) Reimbursement by Treasury
checks.
(c)
Letter of credit funding.
Letter of
credit funding may not be used un-
less—
(1) There is or will be a continuing
relationship between a sponsor or plan-
ning agency and the FAA for at least a
12-month period and the total amount
of advances to be received within that
period is $120,000 or more;
(2) The sponsor or planning agency
has established or demonstrated to the
FAA the willingness and ability to es-
tablish procedures that will minimize
the time elapsing between the transfer
of funds and their disbursement by the
grantee; and
(3) The sponsor’s or planning agen-
cy’s financial management system
meets the standards for fund control
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14 CFR Ch. I (1–1–24 Edition)
§ 152.211
and accountability prescribed in At-
tachment G of Office of Management
and Budget Circular A–102 (42 FR
45828).
(d)
Advance by Treasury check.
Ad-
vance of funds by Treasury check may
be made subject to the following condi-
tions—
(1) The sponsor or planning agency
meets the requirements of paragraphs
(c) (2) and (3) of this section;
(2) The timing and amount of cash
advances are as close as administra-
tively feasible to actual disbursements
by the sponsor or planning agency; and
(3) Except as provided in paragraph
(e) of this section, in the case of an air-
port development project, advance pay-
ments do not exceed the estimated
project costs of the airport develop-
ment expected to be accomplished
within 30 days after the date of the
sponsor’s application for the advance
payment.
(e) No advance payment for airport
development projects may be made in
an amount that would bring the aggre-
gate amount of all partial payments to
more than the lower of the following:
(i) 90 percent of the estimated United
States’ share of the total estimated
cost of all airport development in-
cluded in the project, but not including
contingency items; or
(ii) 90 percent of the maximum obli-
gation of the United States as stated in
the grant agreement.
(f)
Reimbursement by Treasury check.
Reimbursement by Treasury check will
be made if the sponsor or planning
agency does not meet the requirements
of paragraphs (c) (2) and (3) of this sec-
tion.
(g)
Withholding of payments.
Payment
to the sponsor or planning agency may
be withheld at any time during the
grant period under the following cir-
cumstances:
(1) The sponsor or planning agency
has failed to comply with the program
objectives, grant award conditions, or
Federal reporting requirements.
(2) The sponsor or planning agency is
indebted to the United States and col-
lection of the indebtedness will not im-
pair accomplishment of the objectives
of any grant program sponsored by the
United States.
(3) The sponsor or planning agency
has withheld payment to a contractor
to assure satisfactory completion of
work. Payment will be made to the
sponsor or planning agency when it has
made final payment to the contractor,
including the amounts withheld.
(h)
Labor violations.
If a contractor or
a subcontractor fails or refuses to com-
ply with the labor provisions of a con-
tract under a grant agreement for an
airport development project, further
grant payments to the sponsor are sus-
pended until—
(1) The violations are corrected;
(2) The Administrator determines the
allowability of the project costs to
which the violations relate; or
(3) If the violations consist of under-
payments to labor, the sponsor fur-
nishes satisfactory assurances to the
FAA that restitution has been or will
be made to the affected employees.
(i)
Excess payments.
Upon determina-
tion of the allowability of all project
costs of a project, if it is found that the
total of grant payments to the sponsor
or planning agency was more than the
total United States share of the allow-
able costs of the project, the sponsor or
planning agency shall promptly return
the excess to FAA.
§ 152.211 Grant payments: Land acqui-
sition.
If an approved project for airport de-
velopment includes land acquisition as
an item for which payment is re-
quested, the sponsor may apply to the
FAA for payment of the United States
share of the allowable project costs of
the acquisition, after—
(a) The Administrator determines
that the sponsor has acquired satisfac-
tory title to the land; or
(b) In the case of a request for ad-
vance payment under § 152.209(d), the
Administrator is assured that a satis-
factory title will be acquired.
§ 152.213 Grant closeout requirements.
(a)
Program income.
Sponsors or plan-
ning agencies that are units of local
government shall return all interest
earned on advances of grant-in-aid
funds to the Federal Government in ac-
cordance with a decision of the Comp-
troller General (42 Comp. Gen. 289). All
other program income (gross income)