Land acquisition necessary for Airport Improvement Program(AIP) assisted airport development or noise mitigation must comply with Title 49, Code of Federal Regulations (CFR), Part 24, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs. Title 49 CFR Part 24 represents the implementing regulation for the Uniform Relocation Assistance and Real Property Acquisition Policies Act, also known as the Uniform Act.
The Uniform Act is the Federal law that provides minimum real property acquisition policies. The Act requires the uniform and equitable treatment of persons displaced as a result of a Federally assisted project. These rules provide uniform policy and procedures for the acquisition of real property by all Federal, State, and local government agencies (and certain private sponsors) that receive financial assistance for any program or project from the United States Government.
The acquisition itself does not need to be federally funded for the rules to apply. If Federal funds are used in any phase of the project, the rules of the Uniform Act apply. An AIP-assisted airport project cannot proceed or receive FAA approval until the airport sponsor provides satisfactory assurance of conformance to the Uniform Act.
FAA Advisory Circular (AC) Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects (AC 150/5100-17) provides procedural guidance to assist airport sponsors in carrying out their acquisition and relocation programs in conformance with the Uniform Act and the implementing regulations (49 CFR part 24). This circular provides detailed information and guidance on regulatory requirements that pertain to each phase of a land acquisition process.
In order to protect FAA’s investment in airport property that is reimbursed under the Airport Improvement Program, the FAA Central Region Airports Division strongly encourages sponsors to conduct an Environmental Site Assessment (ESA) prior to actual acquisition of property.
The ESA process offers a reasonable assurance that no hazardous wastes, other wastes, or unacceptable hazards exist on the property; or that any existing hazardous wastes are reasonably manageable. Of equal importance, the ESA process constitutes appropriate inquiry into previous ownership and uses of the property thus satisfying the main requirement to qualify for the "innocent landowner defense" to CERCLA liability.
Sponsor should contact the FAA land specialist early in the property acquisition process to determine the extent of environmental assessment that is required.
Page Last Modified: 09/12/13 18:47 EDT
This page can be viewed online at: http://www.faa.gov/airports/central/aip/land/