Yes. Use of Design-Build, and Construction Manager at Risk (CMAR), in addition to the traditional design, bid, build delivery are allowable. Please refer to Section 3-43 and Table U-9 of the AIP Handbook.

No. Sponsors must provide the information outlined in the annual NOFO. Projects will be selected by FAA based on sponsor’s information submitted in response to the criteria as outlined in the NOFO. A guaranteed maximum price is required to receive a grant (see Q-U20).

An airport has options in this scenario. In addition to waiting to accumulate AIG allocations; a sponsor can phase the project so that annual grants can be issued using available IIJA funds; use AIP funds for a defined project phase; or construct the project and request reimbursement with future allocations, at the sponsor’s risk.

No, funding will not be available ahead of the FY in which it is allocated. AIG allocations can be used for phased projects, saved for up to four years to use on a larger project, or construct a project and request reimbursement with future allocations, at the sponsor’s risk.

Yes, provided the replacement airport has been approved by FAA and has an airport identification code assigned. 

No. Title 49 USC 40117(a)(3)(G) (incorporated into IIJA-eligibility) requires airports to be located in a nonattainment area or maintenance area for this type of equipment.

No. FAA owned ATCT are the responsibility of ATO, not ARP. Use of ARP IIJA funding to replace a FAA owned ATCT would be supplementing ATO’s appropriated funds, which is impermissible.

For either AIG Allocated or ATP funds, the shell of the CBP facilities is eligible. The USDA inspection facilities are only eligible for AIG Allocated or ATP funds if they are required in the terminal for screening passengers or their baggage, for example in Hawaii where all passenger baggage (checked and carry-on) is screened by the USDA.

Yes. Eligibility calculations similar to those done under PFC will be required for AIG Allocated and ATP terminal grants.

Yes. The process for making eligibility calculations is outlined in PFC Update 75-21 (86 FR 48793, August 31, 2021).

Yes. Not less than 10% of the annual ATP funding is available for non-hub and non-primary airports. Instructions for applying for these funds will be outlined in a NOFO, which will be issued annually for FY 2022-2026. Projects will be selected by FAA based on sponsor’s information submitted in response to the criteria as outlined in the NOFO.

No. The $20M cap under 49 U.S.C. 47119(f) applies to AIP funds and is not incorporated into IIJA legislation.

No. The $200,000 cap under 49 U.S.C. 47119(b)(2) applies to AIP funds and is not incorporated into IIJA legislation.

Access roads servicing exclusively airport traffic that leads directly to or from an airport passenger terminal building and walkways that lead directly to or from an airport passenger terminal building are considered terminal development. These projects will be evaluated as terminal development projects as outlined in the annual NOFO. Sponsors should consider use of AIG Allocated funds for eligible, standalone access road improvements.

The IIJA provides authority to use geographical and economic hiring preferences, including local hiring preferences, for construction jobs, subject to any applicable State and local laws, policies, and procedures. Local hiring preferences cannot be used for any portions of a project funded under AIP per 2 CFR 200.319(c). 

The IIJA grants are funded from the General Fund; therefore, the Airport Infrastructure Program and the Airport Terminal Program make Federal Awards to non-Federal entities.  These programs are subject to 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR § 200.101).  In addition, IIJA requires us to use the project grant authority required under 49 USC 47104 which further federalizes the funds.  

Yes. For consistency across programs, and to reflect what FAA believes to be best practices, AIP amendment limits will apply to IIJA funds. FCT Competitive and ATP funds must use like year funds and are not guaranteed. For more information see Q-U23.

Revenue-producing, aeronautical support facilities, are defined under 49 U.S.C. §47102(24) as “fuel farms, hangar buildings, self-service credit card aeronautical fueling systems, airplane wash racks, major rehabilitation of a hangar owned by a sponsor, or other aeronautical support facilities that the Secretary determines will increase the revenue producing ability of the airport.”  These types of projects may be funded under AIG at any airport, regardless of size. The AIP statutory “airside needs” test (49 U.S.C. 47110(h)) is not applicable to IIJA projects.  However, to be IIJA-eligible, a project must be a new installation or major improvement to increase revenue production at the airport. 

    Hangar construction and major rehabilitation are generally eligible under IIJA. An airport sponsor may issue a Request for Proposal (RFP) in a competitive offering for all qualified parties to compete for the right to be an on-airport service provider from a IIJA AIG-funded hangar.  If the sponsor chooses to use an RFP process to select an FBO or other aeronautical service provider, the RFP process must be reasonable and equitable, and the sponsor is encouraged to consider this process each time a new applicant is considered for use of the hangar over the useful life of the facility. However, a sponsor may exclude an incumbent on-airport service provider from responding to a Request for Proposal (RFP) by eliminating the provider from eligibility for the RFP based on the sponsor’s desire to increase competition in airport services, in line with FAA Order 5190.6b. Airport sponsors should remember that leasing arrangements for all hangars must comply with 49 U.S.C. 47107 and the Airport Sponsor Assurances. 

    Because the goal of IIJA is to improve the nation’s infrastructure, maintenance and repair are not eligible. For example, the expansion of a fuel farm to include a new fuel tank, increasing capacity, would be eligible as a new installation. A project to replace old fuel tank supply lines would be considered general maintenance and ineligible. Coordinate with your local ADO/RO for additional guidance.
 

No. There is no requirement in IIJA to certify or demonstrate that airside needs within the next three years will be met. Section 49 U.S.C 47110(h), which places limitations on these types of projects, including the airside needs test, does not apply to AIG Allocated funds.

No. See Q-U16.