Federal Aviation Administration (FAA) - COLORADO PLAINS REGIONAL AIRPORT AGREEMENT FOR TRANSFER OF ENTITLEMENTS-`~J
U.S. Department
of Transportation
Federal Aviation
Administration
United States Department of Transportation
Federal Aviation Administration
Agreement for Transfer of Entitlements
In accordance with section 47117(c)(2) of Title 49 U.S.C. (hereinafter called the "AcP'):
THE CITY OF BOULDER, COLORADO
Hereby waives receipt of the following amount of funds apportioned to it for each fiscal year specified under secrion
47114(c)(1) of the Act.
Amount Fiscal
Year
$ $150,000 2005
TOTAL $ $150,000
On the condi6on that the Federal Aviation Adminisiration makes the waived amount available to:
WASHINGTON COUNTY, COLORADO
For eligible projects under secrion 47104(a) Act. This waiver shall expire on earlier of September 30, 2007 or when the
availability of apportioned funds would lapse under secrion 47117(b) of the Act.
FOR: THE UNITED STATES OF AMERICA
FEDERAI.AVIAT N MINISTRATION
~
BY:
TITLE: Asst. Mana~er, Denver Aitports District Office
FOR: THE CITY OF BOULDER
BY:
( ponsonr's, OIffic 1`1`D'esign~ate,'d RI,ep•resentative)
~~K'~k W . +-~1~`~~
TiTLE: GT~ t-1 ~N/~C Ei~,
DATE: ~~ D~ V DATE: ~l g?~
CERTIFICATE OF SPONSOR'S ATTO ~ Y
I, J~'~'r" M~~ ~~ , acring as Attomey for the Sponsor do hereby certify:
That I have examined the foregoing Agreement and find that the Sponsor has been duly authorized to make such transfer
and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of Colorado and
the Act.
Dated at I~d K\~^ this day of ~ b~ ~ D J' , 2004 ~
BY: l a-, ~
~ (Signature of Sponsor's Attorney)
FAA Form 5100-110 (12/90)
section. The words " among other things" are omitted as surplus.
In subsection (b), before clause (1), the words " In
maintaining " are substituted for " In reviewing and revising " for
consistency in this section. In clause (1), the words
" departments, agencies, and instrumentalities of the United States
Government" are substituted for " Federal ... agencies " for
consistency in the revised title and with other titles of the
United States Code. In clauses (2) and (3), the words " As soon as
feasible following December 30, 1987 " are omitted as obsolete. In
clause (3), the word " legitimate " is omitted as surplus. ~
In subsection (c), the words " Secretary of Defense " are
substituted for " Department of Defense " besause of 10:133.
In subsection (d), the words " Not later than two years after
September 3, 1982 " are omitted as executed.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 47114 of this title.
-CITE-
49 U3C Sec. 47104 O1/22/02
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART B- AIRPORT DEVELOPMENT AND NOISE
CHAPTER 471 - AIRPORT DEVELOPMENT
SUBCHAPTER I - AIRPORT IMPROVEMENT
-x~-
Sec. 47104. Project grant authority
-STATUTE-
(a) General Authority. - To maintain a safe and efficient
nationwide system of public-use airports that meets the present and
future needs of civil aeronautics, the Secretary of Transportation
may make project grants under this subchapter from the Airport and
Airway Trust Fund. .
(b) Incurring Obligations. - The Secretary may incur obligations
to make grants from amounts made available under section 48103 of
this title as soon as the amounts are apportioned under section
47114 (c) and (d) (2) of this title.
(c) Expiration of Authority. - After September 30, 2003, the
Secretary may not incur obligations under subsection (b) of this
section, except for obligations of amounts -
(1) remaining available after that date under section 47117(b)
of this title; or
(2) recovered by the United States Government from grants made
under this chapter if the amounts are obligated only for
increases under section 47108(b)(2) and (3) of this title in the
maximum amount of obligations of the Government for any other
grant made under this title.
-SOURCE-
(PUb. L. 103-272, Sec. 1(e), July 5, 1994, 108 Sta£. 1252; Pub. L.
103-305, title I, Sec. 101(b), Aug. 23, 1994, 108 Stat. 1571; Pub.
L. 103-429, Sec. 6(63), Oct. 31, 1994, 108 Stat. 4385; Pub. L.
104-264, title I, Sec. 101(b), Oct. 9, 1996, 110 Stat. 3216; Pub.
L. 105-277, div. C, title I, Sec. 110(b)(2), Oct. 21, 1996, 112
Stat. 2681-587; Pub. L. 106-6, Sec. 2(b), Mar. 31, 1999, 113 Stat.
10; Pub. L. 106-31, title VI, Sec. 6002(b), May 21, 1999, 113 Stat.
113; Pub. L. 106-59, Sec. 1(b), Sept. 29, 1999, 113 Stat. 482; Pub.
L. 106-181, title I, Sec. 101(b), Apr. 5, 2000, 114 Stat. 65.)
-MISC1-
Historical and Revision Notes
Pub. L. 103-272
---- - - ------^-- - --------- ---------
Revised Section Source-(U.S. Code) Source (Statutes at
Large)
------------------ - ------ - --------------------- - -------- - - ------
47104(a) 49 App.:2202(a)(24)- Sept. 3, 1982, Pub.
L. 97-248, Sec.
503(a)(24), 96
Stat. 674; Dec. 30,
1967, Pub. L. 100-
223, Sec. 103(c)(1),
101 Stat. 1468.
49 App.:2204(a) (lst Sept. 3, 1962, Pub.
sentence). L. 97-248, Sec.
505(a) (lst
sentence), 96 Stat.
676.
47104(b) 49 App.:2204(b)(1) Sept. 3, 1982, Pub.
(lst sentence). L. 97-248, Sec.
505(b)(1), 96 Stat.
677; Nov. 5, 1990,
Pub. L. 101-508,
Sec. 9104(2), 104
Stat. 1388-~55;
Oct. 31, 1992, Pub.
L. 102-581, Sec.
102(b), 106 Stat.
4877.
47104(c) 49 App.:2204(b)(1)
(last sentence).
------------ - ------------- - --
In subsection (a), the words " project grants" are substituted
for " grants ... for airport development and airport planning by
project grants" in 49 App.:2204(a) to eliminate unnecessary words
and because of the definitions of " project " and " project grant "
in section 47102 of the revised title.
In subsection (b), the words " and such authority shall exist
with respect to funds available for the making of grants for any
fiscal year or part thereof pursuant to subsection (a) of this
section " are omitted as surplus.
In subsection (c), the words " except for obligations of
amounts" are substituted for " except that nothing in this section
shall preclude the obligation by grant agreement of apportioned
funds " to eliminate unnecessary words.
Pub. L. 103-429
Revised Section Source (U.S. Code) Source (Statutes at
Large)
--------------------
-----------------------
47104(c) 49 App. ------------
:2204(b)(1) -
Sept. 3, 1982, Pub.
(last sentence). L. 97-248, Sec.
49App. :2204 note. 505(b)(1) (last
sentence), as
amended May 26,
1994, Pub. L. 103-
260, Sec. 109, 108
Stat. 700.
--------- - ------------ - ------
In subsection (c), the text-of section 109(b) of the Airport
Improvement Program Temporary Extension Act of 1994 (Public Law
103-260, 109 Stat. 700) is omitted as executed.
AMENDMENTS
2000 - Subsec. (c). Pub. L. 106-181 substituted " After September
30, 2003, " for " After September 30, 1999, ".
1999 - Subsec. (c). Pub. L. 106-59 substituted " September 30,
1999 " for " August 6, 1999 " in introductory provisions.
Pub. L. 106-31 substituted " August 6, 1999 " for " May 31,
1999" in introductory provisions.
Pub. L. 106-6 substituted " May " for " March " in introductory
provisions.
1998 - Subsec. (c). Pub. L. 105-277 substituted " March 31,
1999 " for " September 30, 1998 " in introductory provisions.
1996 - Subsec. (c). Pub. L. 104-264 substituted " 1996 " for
" 1996 " in introductory provisions.
1994 - Subsec. (c). Pub. L. 103-429 reenacted heading without
change and amended text generally. Prior to amendment, text read
as follows: " After September 30, 1996, the Secretary may not incur
obligations under subsection (b) of this section, except for
obligations of amounts remaining available after that date under
section 47117(b) of this title. "
Pub. L. 103-305 substituted " After September 30, 1996, the
Secretary " for " After September 30, 1993, the Secretary ".
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-181 applicable only to fiscal years
beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,
set out as a note under section 106 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L.
104-264 applicable only to fiscal years beginning after Sept. 30,
1996, and not to be construed as affecting funds made available for
a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.
104-264, set out as a note under section 106 of this title.
DESIGN-BUILD CONTRACTING
Pub. L. 106-181, title I, Sec. 139, Apr. 5, 2000, 114 Stat. 85,
provided that:
"(a) Pilot Program. - The Administrator (of the Federal Aviation
Administration) may establish a pilot program under which
design-build contracts may be used to carry out up to 7 projects at
airports in the United States with a grant awarded under section
47104 of title 49, UniCed States Code. A sponsor of an airport may
submit an application to the Administrator to carry out a project
otherwise eligible for assistance under chapter 471 of such title
under the pilot program.
"(b) Use of Design-Build Contracts. - Under the pilot program,
the Administrator may approve an application of an airport sponsor
under this section to authorize the airport sponsor to award a
design-build contract using a selection process permitted under
applicable State or local law if -
"(1) the Administrator approves the application using criteria
established by the Administrator;
"(2) the design-build contract is in a form that is approved
by the Administrator;
"(3) the Administrator is satisfied that the contract will be~
executed pursuant to competitive procedures and contains a
schematic design adequate for the Administrator to approve the
grant; -
"(4) use of a design-build contract will be cost effective and
expedite the project;
"(5) the Administrator is satisfied that there will be no
conflict of interest; and
"(6) the Administrator is satisfied that the selection process
will be as open, fair, and objective as the competitive bid
system and that at least three or more bids will be submitted for
each project under the selection process.
"(c) Reimbursement of Costs. - The Administrator may reimburse
an airport sponsor for design and construction costs incurred
before a grant is made pursuant to this section if the project is
approved by the Administrator in advance and is carried out in
accordance with all administrative and statutory requirements that
would have been applicable under chapter 471 of title 49, United
States Code, if the project were carried out after a grant
agreement had been executed.
"(d) Design-Build Contract Defined. - In this section, the term
'design-build contract' meane an agreement that provides for both
design and construction of a project by a contractor.
"(e) Expiration of Authority. - The authority of the
Administrator to carry out the pilot program under this section
shall expire on September 30, 2003. "
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 47107, 47117, 47118,
47524, 48103 of this title.
-CITE-
49 USC Sec. 47105
-EXPCITE-
TITLE 49 - TRF~NSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART B- AIRPORT DEVELOPMENT AND NOISE
CHAPTER 471 - AIRPORT DEVELOPMENT
SUBCHAPTER I - AIRPORT IMPROVEMENT
-HEAD-
Sec. 47105. Project grant applications
O1/22/02
-STATUTE-
(a) Submission and Consultation. -(1) An application for a
project grant under this subchapter may be submitted to the