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1. The AIP F&E Relationship
3. Why Not Mix Funding? Its against the LAW!
Each Federal Agency has separate Appropriations to fund its work.
Typical Appropriations language:
SEC. 703. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein.
SEC. 705. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.
Specific text above is from TITLE VII GENERAL PROVISIONS of PUBLIC LAW 109115NOV. 30, 2005. TRANSPORTATION, TREASURY, HOUSING AND URBAN DEVELOPMENT, THE JUDICIARY, THE DISTRICT OF COLUMBIA, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2006
4. AIP Limits Not that we dont want to & it might make logical sense in some cases, but we simply cant do it!!
See 49 USC Section 47102(3) for specific limits of what we can do relative to typical F&E funded work:
Installation of a navigation aid or another aid (including a precision approach system) used by aircraft for landing at or taking off from the airport, including preparing the site as required by the acquisition or installation
relocating after December 31, 1991, an air traffic control tower and any navigational aid (including radar) if the relocation is necessary to carry out a project
constructing an air traffic control tower or acquiring and installing air traffic control, communications, and related equipment at an air traffic control tower under the terms specified in section 47124 (b)(4).
Our policy says the same, see: Order 5100.38C, paragraph 311k, 502d, 553
5. Augmentation Illegal supplementation of the budget of a federal program by another federal program
Just say no!
If a project is included in the F&E budget, AIP funds cannot be used on the project
How about we split the cost? No!
AIP requires a useable unit (1/2 the base of a ATCT wouldnt meet that criteria)
This doesnt mean that non-federal funds cant be used
6. What We (ARP) Can Do Limited site preparation
Incidental work to keep facilities out of RSA
Must be associated with eligible development (in the area)
Installation of ducts
Must demonstrate that ducts and utilities for F&E facilities can be more economically installed incidental to an AIP construction
7. What We (ARP) Can Do, continued Install a full ILS (still need to bid work)
Install navaids to improve minimums
Install a PAPI*
Install an AWOS (it is non-fed)*
8. Takeover versus Maintenance Takeover is when a 3rd party (ATO) comes in and takes over the ownership (with all its responsibilities) equipment they didnt pay for
Thats a no-no, we would be using AIP funds to fund NAS programs
There is a statutory exception for full ILS installed with AIP funds
Maintenance is the responsibility of the owner
The owner may contract out with any qualified entity to maintain
We dont care about the terms of the agreement (i.e., length and/or cost
9. What We (ARP) Cant Do Build an ATCT
There are exceptions for Contract Tower locations, but limited to sponsor entitlements and $1.5M annually
Build your service roads for your facilities
Relocate your facilities simply because they are out of tolerance
Provide sponsors AIP funds to maintain equipment, regardless of ownership
10. Relocation Limited to facilities that PHYSICALLY impede an AIP/PFC funded project
We only pay for in-kind replacement (i.e., a 250 sf area would be replaced with a 250 sf area)
No, your ATCT line-of-sight problem does not qualify for use of AIP funds to relocate.
11. Summary This brief does not cover every circumstance
This brief does provide principles to think about
Just remember when you call, I will always start with no, it will be your job to convince me otherwise
12. QUESTIONS