Office of Airports Federal Aviation Administration Atlanta Airports

Office of Airports Federal Aviation Administration Atlanta Airports District Office Airport Land Acquisition & Land Releases How the FAA Process Works Georgia Airports Association 2016 Spring Workshop February 18, 2016 Federal Aviation • 1 Administration 1

Why Buy More Airport Land? • Aeronautical Development • Noise Mitigation • Control of Airport Design & Safety Surfaces (RSA, OFA, RPZ, etc. ) • Control of Adjacent, Incompatible Land Uses • Airspace Protection Georgia Airports Association 2016 Spring Workshop February 18, 2016 Federal Aviation Administration 2

Airport Land Acquisition Methods • • • Fee Simple Property Avigation Easement Donation Exchange Eminent Domain (Condemnation) Can be pursued with Federal Funds or Without Georgia Airports Association 2016 Spring Workshop February 18, 2016 Federal Aviation Administration 3

Benefits of “Local Funds Only” • No federal procurement rules required • Allows acquisition costs above FMV • Allows acquisition costs below FMV (w/ disclosure) • Less bureaucracy & red tape (cost savings, faster, etc. ) • Still requires FAA Environmental Determination & ALP/ Exhibit A update. NO FEDERAL RULES, NO FEDERAL FUNDS. . . EVER. Georgia Airports Association 2016 Spring Workshop February 18, 2016 Federal Aviation Administration 4

FAA Land Acquisition Process For AIP Funding, Airport Land Acquisition MUST be: ü Justified for Imminent Aeronautical Development (within 5 years), ü Justified & Federally Procured for Future AIP Reimbursement, ü Environmentally Clear for the Proposed Development, ü On the ALP with Completed Airspace Analysis ü On the Exhibit A, and ü On the Airport’s CIP Georgia Airports Association 2016 Spring Workshop February 18, 2016 Federal Aviation Administration 5

Information Package Checklist FAA Requires a Project Information Package Including: • Formal Letter of Request from Sponsor • Property Survey, Plats, Map relative to Airport Location • Title Search/ Certification of Title • Appraisal & Review Appraisal/ Final Negotiations (6 -12 mo. ) • Updated ALP & Exhibit A • Completed Environmental Site Assessment • Uniform Relocation Needs/ Plan • Estimated/ Final Costs + Fees • Outline of Actions Taken if Condemning • Update CIP & Submit AIP Pre-App/ App Package Checklist at: http: //www. faa. gov/airports/environmental/relocation_assistance/land_acquisition_under_aip/land_project_checklist/ Georgia Airports Association 2016 Spring Workshop February 18, 2016 Federal Aviation Administration 6

Land Acquisition – The Easy Way AIP Reimbursement • • • Airport Sponsor has Land Appraised Airport Sponsor Makes Offer (FMV) Land Owner Rejects or Accepts Offer Airport Sponsor Purchases Property – Fee Simple/ Easement FAA Issues Grant to Reimburse Airport Sponsor (90% share) Georgia Airports Association 2016 Spring Workshop February 18, 2016 Rejects Offer Condemnation or Administrative Settlement Federal Aviation Administration 7

Land Acquisition – The Hard Way Delayed Purchase with AIP Grant Funds • • Airport sponsor has land appraised FAA issues grant to airport sponsor (based on appraised cost) Airport sponsor makes offer (FMV) Land owner rejects or accepts offer Accepts Offer Airport Sponsor Purchases Property - Fee Simple/ Easement Limited Amendment Likely Required for Final Costs (Risky) Georgia Airports Association 2016 Spring Workshop February 18, 2016 Rejects Offer Condemnation or Administrative Settlement Limited to Amount of Grant Offer Federal Aviation Administration 8

Acceptance of Administrative Settlement § § § More than 10% increase requires full analysis & discussion Must verify amount is reasonable Must reflect the public interest Sponsor’s documentation for FAA acceptance of an Administrative Settlement must include the following: 1. 2. 3. 4. § Summary of negotiation efforts. Recent Court Awards in the vicinity. Estimate of trial cost, including preparations. Written opinion of the sponsor’s legal counsel. Ref FAA AC 150/5100 -17 CHG 6, Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects § Contact your Program Manager for assistance Georgia Airports Association 2016 Spring Workshop February 18, 2016 Federal Aviation Administration 9

Avigation Easements are airspace property rights acquired by an airport whenever airspace or land uses beyond airport property needs to be controlled or protected which can include the removal of obstructions that penetrate critical aviation surfaces. • Typically valued at 10 % - 15 % of the appraised property value. • Protects approach/ departure surfaces, navaid clearing req’ts, structure height restrictions, & incompatible land uses. • Must be shown on ALP, Airport Property Map and Exhibit “A”. Georgia Airports Association 2016 Spring Workshop February 18, 2016 Federal Aviation Administration 10

Other Airport Land Acquisition Methods Land Donations o Requires statement of value/ appraisal (must disclose FMV) Land Exchanges/ Swaps o Exchange/ swap of properties of similar value where there is an improved benefit (no loss) to the airport o Requires statement of value/ appraisal (must disclose FMV) o Monetary differences must be reconciled o May require Federal Register Notice Condemnation o Requires documentation of actions taken o Typically unpopular, time consuming, expensive, AIP may not cover all costs All transactions require FAA coordination for environmental approval & update of the ALP & Exhibit A Georgia Airports Association 2016 Spring Workshop February 18, 2016 Federal Aviation Administration 11

Airport Land Use is Ideally. . . • aviation related • beneficial to the airport & its users • compatible with aviation • a revenue generator for the airport, not the sponsor – No free rent! All leases or agreements must generate Fair Market Value (FMV) for aeronautical use (private or municipal use). – No free access! Through-the-fence agreements should have measureable, contractual benefits (not compromises) for the airport. Georgia Airports Association 2016 Spring Workshop February 18, 2016 Federal Aviation Administration 12

Airport Land Release The formal, written authorization discharging and relinquishing the FAA’s right to enforce an airport’s contractual obligations. It is limited to releasing the sponsor from a particular assurance or federal obligation such as release from aeronautical use or property disposal or sale. Georgia Airports Association 2016 Spring Workshop February 18, 2016 Federal Aviation Administration 13

Why Release Airport Land? Provides for compatible community development v Releases unneeded on-airport land for non-aeronautical use/ lease for continual airport revenue v Releases unneeded land for disposal/ sale Lowers continuing operating costs for airport Parcel remains on ALP if only a “use” change Parcel is removed from ALP if disposed/ sold May or may not be approved by FAA Georgia Airports Association 2016 Spring Workshop February 18, 2016 Federal Aviation Administration 14

Airport Land Releases FAA Requires a Project Information Package Including: • Formal Letter of Request from Sponsor • Fee Simple, Easement, Federal Surplus Land, AIP Assistance • Justification for Release Relative to ALP Development • Proposed use of Land • List of Airport’s Obligating Agreements (grant assurances, past restrictions or encumbrances, etc. ) • Electronic Property Survey & Plat/ Map relative to Airport • Current Appraisal & Review Appraisal by Sponsor w/ Improvements • Commitment for Use of Proceeds on Airport (no AIP match) • Updated ALP & Exhibit A • Completed Environmental Site Assessment for Due Diligence • Possible Federal Register Notification (60+ days) • May Require a Formal FAA Letter of Release/ Deed of Release Georgia Airports Association 2016 Spring Workshop February 18, 2016 Federal Aviation Administration 15

FAA Process Requirements Land Acquisition Circumstance Title 49 USC Requirement to Notify Public Surplus Property Fed Reg Notice Deed of Required Release Required Land acquired as Surplus Property with Deed restrictions 47151(d) Yes Land acquired with AIP assistance 47107(c)(2)(B) Yes No Land acquired with FAAP or ADAP assistance and land assurances have expired No Yes, CGL-20022, par. IV, 2 nd sub par. , Item (4) Un-obligated land acquired without federal assistance and on ALP and Exhibit A as airport land without federally financed airport improvements. No Land acquired without federal assistance and not on ALP or Exhibit A as airport land Grant Assurance Letter of Release Required to use Required to proceeds for AIP use proceeds Elig Dev Only, for Noise Highest Prior, or mitigation Opr & Maint. Yes, if airport has current Opr & Maint of AIP grant airport assurances Yes AIP Elig Only No No No Yes, if airport has current Opr & Maint of AIP grant airport assurances No No No Yes, CGL-20022, par. IV, 2 nd sub par. , Item (4) Land acquired without federal assistance and airport facilities exist on the land that were developed or improved > 20 years ago with federal assistance No Yes, CGL-20022, par. IV, 2 nd sub par. , Item (4) No Land acquired with Noise funds No No No Government land conveyed to sponsor under USC 47125 by a federal agency and the sponsor asks the FAA to waive the requirement that the land be used for airport purposes. 47125(a) Yes No Land acquired without federal assistance and airport facilities exist on the land that were developed or improved < 20 years ago with federal assistance Georgia Airports Association 2016 Spring Workshop February 18, 2016 No No No Yes, airport (1) Replace has current federally financed AIP grant development (2) assurances AIP Elig Dev Yes, if airport has current Opr & Maint of AIP grant airport assurances Yes No No No See ----> Yes A purpose approved by the Secretary. No Federal Aviation Administration New policy 16

Noise Land Releases • Prior Policy required airports to release all noise land purchased for mitigation once sterilized. • Current policy allows airports to retain noise land for aeronautical uses for continued land use control and airspace protection. • If noise land is released/ sold, it must retain protective controls (easements, zoning, ordinances, etc. ) to ensure aeronautical compatibility. • All noise land revenues must be used for eligible, on-airport projects (can be combined with AIP, but not local match). Georgia Airports Association 2016 Spring Workshop February 18, 2016 Federal Aviation Administration 17

Aimee Mc. Cormick FAA Airport Planner & Program Manager Aimee. Mc. Cormick@faa. gov 404 -305 -6709 Georgia Airports Association 2016 Spring Workshop February 18, 2016 Federal Aviation Administration 18