TagAirport Improvement Program(59)

The Kaplan Kirsch & Rockwell Airport Law Digest 2023 Mid-Year Update covers key developments in U.S. airport law and policy from the first half of 2023, including proposed FAA reauthorization legislation that would affect airport funding, land use approvals, and grant assurances. Both the House and Senate introduced bills that would increase Airport Improvement Program grants to $4 billion annually and clarify the FAA's limited role in airport land use decisions. The digest also summarizes recent litigation, federal rules, and regulatory guidance relevant to airport operators and legal professionals.

Senate Bill 1167, introduced by Sen. Patty Murray in April 2023, would allow airports to receive additional federal funding to repair or replace sound insulation previously installed in nearby homes under the Airport Improvement Program. The bill provides a one-time waiver allowing airports to seek new federal assistance for sound insulation projects without prior government costs counting against them, provided the homes fall within the DNL 65 noise threshold or the original insulation caused physical damage. This legislation is particularly relevant to communities around Sea-Tac Airport, where aging soundproofing materials and ongoing aircraft noise concerns have prompted calls for updated noise mitigation support.

H.R. 2533, the Sound Insulation Treatment Repair and Replacement Program Act, was introduced in April 2023 to allow airports to receive additional federal funding to repair or replace previously installed sound insulation in homes affected by aircraft noise. The bill allows the Secretary of Transportation to grant a one-time waiver so that prior government spending on a home's soundproofing does not count against the allowable project cost for new work. Homes are eligible if they fall within the FAA's DNL 65 noise standard or if an FAA-certified auditor determines that the original soundproofing caused physical damage to the residence.

The Sound Insulation Treatment Repair and Replacement Program Act, introduced in the 118th Congress by Mr. Smith of Washington, would allow airports to receive additional federal funds under the Airport Improvement Program to repair or replace previously installed sound insulation in residential homes affected by aircraft noise. The bill provides a one-time waiver so that prior government spending on a home's soundproofing would not count against the allowable project cost for new work. Eligibility is tied to whether the building falls within the FAA's Day Night Level (DNL) 65 noise standard or suffered damage from the original sound insulation treatment.

Airports Council International-North America (ACI-NA) submitted comments to the FAA in October 2022 opposing a draft policy that would impose new federal review and approval processes on how airports can use land that was federally acquired or conveyed. ACI-NA argued the policy is confusing, could lead to inconsistent decisions across FAA regional offices, and may delay airport development projects and increase costs. The organization urged the FAA to grandfather existing land use designations, clarify key undefined terms, and work collaboratively with airports to revise the policy.

This FAA document outlines the legally binding assurances that airport sponsors must agree to when accepting federal grant funds for airport development, planning, or noise compatibility programs. Sponsors certify compliance with a broad range of federal laws, executive orders, and regulations—including civil rights, environmental, and labor standards—for the duration of the project's useful life, which can extend up to 20 years. Certain obligations, such as those related to exclusive rights, airport revenue, and real property acquired with federal funds, have no expiration as long as the airport remains in operation.

The FAA announced a Notice of Funding Opportunity for an Airport Environmental Mitigation Pilot Program, authorized under Section 190 of the FAA Reauthorization Act of 2018, which provides grants of up to $2.5 million per project to help public-use airports measurably reduce aviation impacts on noise, air quality, or water quality within five miles of the airport. Up to six projects may be funded, with costs split 50/50 between federal and airport matching funds, and projects must be carried out by an eligible consortium of businesses, educational or research organizations, government entities, or federal laboratories. Pre-applications were due by July 9, 2021, and priority was given to projects achieving the greatest reductions in aircraft noise, emissions, or water quality impacts.