HomeMy WebLinkAboutAirports Department and Police Department - Interdepartmental MOU for Use of Police Ag FarmAIRPORTS DEPARTMENT
FRESNO POLICE DEPARTMENT
("Airports") and the Fresno Police Department, ("Police") both of which are departments of the
City of Fresno, a municipal corporation.
RECITALS
WHEREAS, City of Fresno owns airport enterprise property commonly known as, Ag
Farm, that is identified on the FederalAviation Administration approved Airport Layout Plan and
more specifically located at the southwest corner of East Dakota Avenue and North Chestnut
Avenue, California ("Use Area"); and
WHEREAS, the parties desire that Police continue using the Use Area for the purpose of
operating and maintaining a Horse Mounted Patrol Unit facility that was originally developed in
1990; and
WHEREAS, the Use Area may be used for non-aeronautical purposes upon terms and
conditions consistent with federal regulatory policy requirements including but not limited to the
Federal Aviation Administration ("F44") Grant Assurances attached to this Agreement as Exhibit
"D" and incorporated herein; and
WHEREAS, FAA policy requires the payment of fair market value rent for the non-
Aeronautical use of airport property including the Use Area by Police; and
WHEREAS, lt is not the intent of Airports and Police to create any new restrictions or
new regulations applicable to the City of Fresno by the creation of this Agreement but rather to
establish guidelines for how the Use Area is utilized and to establish a rental agreement in
compliance with Federal Regulations.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants
set fotth below, the parties have entered into this Agreement to establish the terms and
conditions pursuant to which Police shall have a non-exclusive, non-transferable use of the Use
Area, all as follows:
ARTICLE I
DESCRIPTION OF USE AREA
The Use Area consists of approximately 22.72 acres located at 4719 East Robinson
Avenue, Fresno, CA (APN(s) 438-11-144T & 438-11-227T), described in Exhibit "A", and shown
on the Plats identified as Exhibit "8"; both exhibits are attached hereto and made a part hereof.
Police shall accept the Use Area in an "as is" condition.
Page 2 of 13
ARTICLE II
PERMITTED USES
Police shall use the Use Area only for the operat¡on and maintenance of its Horse
Mounted Patrol and other animal-related law enforcement purposes, and third party occupancy
for an Agricultural Education Facility, and for no other purposes.
ARTICLE III
GENERAL PROVISIONS CONCERNING THE MANNER OF USE
The following general provisions shall be applicable to Police's use of the Use Area:
1. The Area shall be inspected, environmentally assessed, improved,
operated and maintained by Police and all costs thereof including the
preparation of said Use Area and all expenses thereof, and all tools and labor
necessary thereof, shall be at the sole cost and expense of Police.
2. Police shall have and enjoy the right of ingress to and egress from the Use Area
subject only to such reasonable rules and regulations as may be established by
Airports. Such right of ingress and egress shall likewise apply to Police's
employees, agents, patrons, invitees, suppliers and authorized persons including
the right of transportation of equipment, meterials, machinery and other property
to and from the Use Area.
3. Police shall provide at Police's sole cost and expense, any and all permits,
licenses, fees, etc. that may be required of the City of Fresno to conduct its
intended operations within the Use Area.
ARTIGLE IV
DEVELOPMENT STANDARDS
1. Police will not make any alterations, changes, or improvements to the Use Area
without the expressed written consent of the Airports Director.
2. Police shall not erect nor permit the erection of any improvements on the Use
Aree, which would be an airport hazard within the standards established by Part
77 of the FAA as now existing or as may hereafter be modified, or othenryise
impact Terminal lnstrument Procedures (TERPS), as determined by FAA.
3. Police shall not engage in or conduct or permit the conduct of any activity of any
kind on the Use Area which will interfere in any manner with the operation of the
Fresno Yosemite lnternational Airport as an airport or with aircraft operations or
related operations conducted on the airport by the City or its lessees, and shall
not make use of said Use Area in any manner which might interfere with the
landing and taking off of aircraft, the operation of the approach lighting system, or
the operation of the instrument landing system as each presently exists or may
hereafter be modified, or otherwise constitute an airporlhazard.
Page 3 of 13
Airports or any of its authorized officers and employees shall, at all reasonable
times, have the right to enter upon the Use Area, either in person or by nominee,
for any lawful purpose/use including inspecting the Use Area to ascertain the
condition thereof and whether the covenants of this Agreement are being kept,
observed and performed.
Police understand that the Use Area is in the Runway Protection Zone of the
Fresno Yosemite lnternational Airport and as such, Police understand there are
particular restrictions in which the area can be developed, used, and/or
maintained. Police also understand that these restrictions may change over time
due to evolving FAA regulations and/or modifications to the airport including but
not limited to, runway alterations, expansions, and CNEL Noise Contours.
Any and all development of the Use Area shall conform to all applicable codes,
ordinances, regulations and development standards of the City of Fresno or other
authority having competent jurisdiction over such development to the extent they
apply to the City of Fresno for the type of development considered. All building,
regulatory and other permits and approvals if required shall be obtained and paid
for by Police. Nothing in this section is intended to impose any new or additional
requirements or restrictions that would not othenruise exist for the City of Fresno.
Police, at its sole cost agrees to operate and maintain the facility within the Use
Area, per Exhibit "8", which improvement shall be and remain the property,
liability and responsibility of Police at all times during the course of this
Agreement.
Police shall provide Airports with as built drawings, maps, and other related data
of all such existing and hereafter made improvements.
ARTICLE V
TERM
This Agreement shall be effective retroactively to July 1 , 2013 and shall remain in full
force and effect, for a base term expiring June 30,2023. Either party shall have the right, at any
time, to terminate this Agreement upon giving advance written notice of not less than sixty (60)
days to the other party. Should Police exercise this termination right, Police shall make rental
payments through the end of such sixty (60) day notice period, however Police shall not be
liable for rental payments after the expiration of the sixty (60) day notice period, provided Police
have vacated the Use Area.
ARTICLE VI
RENT
A. ANNUAL RENTAND DUE DATE
The Fair Market Rent ("FMR") is defined as 10% of the Market Value of the Use Area is based
on the Market Value of the adjacent property (DPU Leaky Acres). This adjacent property has
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Page4of13
the same use restrictions, zoning and property type and was determined to be $21,729.86 per
acre by an appraisal performed by AGI Valuations and completed on June 8, 2012. Therefore,
the 2013 Fair Market value of the 22.72 acres of this Use Area is thus determined to be
$493,267.82, and the Fair Market Rent is $49,326.84 per year.
ln recognition of the significant increase resulting from the Fair Market rent determination.
There shall be a three-year phase-in to progressively increase the rental rates to FMR. To allow
orderly budgeting and planning, the first phase of the increase will be effective July 1 ,2014,
followed by the second phase effective July 1 ,2015, and the third phase effective July 1 ,2016.
The annual rent will be determined by calculating the then-current, CPI adjusted Fair Market
Rent each of the three phase-in years, using the initial Fair Market Rent of $49,326.84 as the
baseyear. Theinitial assessedrental rateforJulyl,2013will bethesamerental rateaswas
assessed on July 1, 2012. The three years of phase-in of Fair Market Rent will consist of 1/3 of
the increase of the CP|-adjusted base year Fair Market Rent plu mount of the previous
year rent. Police shall pay rent monthly, on or before the of each month. The
calculation is shown below and demonstrated in Exhibit "C".
B. RENTAL ADJUSTMENTS:
Commencing on the first day of the 2nd Fiscal Year (July 1,2014), and then annually
thereafter on the first day of each successive Fiscal Year throughout the life of this Agreement,
the amount of annual rent to be paid to Airports by Police shall be subject to increase, by an
amount equal to the percentage change (increases only) in the U.S. Department of Labor,
Bureau of Labor Statistics (USDLBLS) Consumer Price lndex (CPl) for Urban Wage Earners
and Clerical Workers (all items, U.S. city average) from January 1 to December 31 during the
last full calendar year prior to the scheduled rental adjustment date. The base year for this
agreement shall be 2013.
The amount of all such annual adjustments shall be determined in the manner illustrated within
the worksheet entitled "lllustration of Annual Rental Adjustment Computation", which is attached
as Exhibit "C" hereto and made a part hereof. Commencing July 1,2014 and annually
thereafter, prior to the end of each fiscal year, Airports shall complete the worksheet described
in Exhibit "C" and provide a copy to Police. This will serye as notice of the rent amount due for
the upcoming Fiscal Year.
C. LATE PAYMENT CHARGE
Should any installment of rent or any other charges accruing to Airports under the
provisions of this Agreement not be received by Airports within five (5) calendar days after such
shall become due, a late payment charge equal to one and one half percenl (1.5o/o) of the
overdue amount added thereto and constituting a part thereof shall be imposed by Airports each
and every month until the entire delinquent amount is received by Airports.
ARTICLE VII
MAINTENANCE, ALTERATIONS & REPAIR, REMOVAL & DEMOLITION
A. MAINTENANGE:
Page 5 of 13
Police shall, at all times during the life of this Agreement, at no cost or expense to
Airports, keep and maintain its improvements and the Use Area in good order and repair, and
in a clean, sanitary, and neat condition. Maintenance of the Use Area includes but is not limited
to landscape, including perimeter area, and all fencing surrounding the Use Area.
Police shall, at all times, remain in compliance with the applicable portions of FAA
Advisory Circular No. 150/5200-338, entitled "Hazardous Wildlife Attractants on or Near
Airports" which is attached as Exhibit "E" hereto and incorporated herein, and shall complete
and submit to Airports within sixty (60) days, a Hazardous Wildlife Mitigation Plan pertinent to
the approved use of the Use Area. Police shall also be required to provide written changes to
any such plan to the Airport for review and approval.
Police shall, at all times, keep the Use Area and all fixtures, equipment and personal
property in a clean and orderly condition and appearance. Police shall repair, replace, rebuild
and paint all or any part of the improvements within the Use Area which may be damaged or
destroyed by acts or omissions of Police or by those of its officers, employees, guests, invitees
or of other persons.
Police shall take such care of the Use Area and all parts thereof at all times during the
term of this Agreement, that at the expiration or termination thereof the premises shall be in as
good condition as at the time of the effective date of this Agreement, except for reasonable wear
and tear.
B. ALTERATIONS & REPAIRS:
Police shall have the right, at its sole cost and expense, to operate and maintain within
and on the Use Area any improvements, which may be considered as necessary or useful to its
operations; provided, however, any construction, alterations or improvements are subject to
Articles lll & lV above, and Afticle X below, and shall be commenced only after plans and
specifications therefore have been submitted to and approved in writing by Airports.
Police shall, at no cost or expense to Airports, make any additions or alterations,
operate, maintain, improve and repair all facilities and other improvements as may be required
at any time in order to comply with legal and regulatory requirements and third party contractual
obligations (including but not limited to FAA Advisory Circular 150/5200-338) imposed upon
Airports in connection with or for the use of such Use Area or any part thereof and shall
othenryise observe and comply with any and all applicable public laws, ordinances, regulations,
and orders of competent governmental authority applicable to the City of Fresno for the Use
Area.
C. HOLD HARMLESS / INDEMNIFIGATION:
There is reserved to Airports, its successors and assigns, for the use and benefit of the
public, an easement and right of flight for the passage of aircraft in the air space above the
surface of the Use Area, together with the right to cause in said air space such noise, fumes,
and exhaust as may be inherent in the operation of aircraft now known or hereafter used for
Page 6 of 13
navigation or flight in the air space for landing at, taking off from, or operating on the Fresno
Yosemite lnternational Airport. Airports assumes no liability for damage to Police's equipment
which may result from such flight operations at the Fresno Yosemite lnternational Airport and
Police agrees to hold Airports harmless for such damage which may result therefrom.
Police shall hold Airports completely harmless and indemnify, protect and defend
Airports and Airports' officials, officers, employees, volunteers and agents against any and all
claims, judgments, fines, penalties, forfeitures, damages, demands, liabilities, suits, notices,
costs and expenses (including all reasonable costs and expenses for investigation and defense
thereof [including, but not limited to attorney fees, court costs and expert fees]), or any one,
more or all of these, of any nature whatsoever, arising or allegedly arising, directly or indirectly,
out of, as a result of, or incident to, or in any way connected with this Agreement or: (1) Police's
occupancy(ies) and/or use(s) of any part or all of the Use Area ; (2) Police's exercise of any
one, more or all of the rights and privileges herein granted; (3) any breach or default in the
performance of any obligation on Police's part to be performed under the terms of this
Agreement; and/or (4) any act(s) or omission(s) on the part of Police and/or any officer(s),
agent(s), employee(s), contractor(s), sub-contractor(s), servant(s), or representative(s) of Police
during the life hereof, except for any claims, judgments, fines, penalties, forfeitures, damages,
demands, liabilities, suits, notices, costs and expenses, or any of these, caused solely by the
active negligence or by the willful misconduct of Airports or any of its officials, officers, agents,
volunteers or employees acting within the scope of their duties for Airports. Airports shall give
to Police reasonable notice of any such claims or actions.
The provisions of this section shall survive the termination of this Agreement.
D. EXEMPTION OF AIRPORT:
Police hereby specifically warrants, covenants and agrees that Airports shall not be
liable for injury to Police's business or any loss of income therefrom or for damage to the goods,
wares, merchandise or other property located in, upon or about the Use Area or elsewhere on
Airport under authority hereof, whether belonging to Police, or Police's employees, customers,
agents, contractors, sub-contractors, tenant, sub-lessee of Police, or any other person
whomsoever. Nor shall Airports be liable for any injury to Police's employees, agents,
contractors, subcontractors, tenants, sub-lessees, customers, or invitees, whether or not said
damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from
the leakage, breakage, obstruction or other defects of pipes, sprinklers, wires, appliances,
plumbing, air conditioning or lighting fixtures, or from any other cause, whether or not the said
damage or injury results from conditions arising in or on any part or all of the Use Area or in or
on any of the improvements/facilities appurtenant thereto located therein or thereon, or from
other sources or places, and regardless of whether or not the cause of such damage or injury
or the means of repairing the same is inaccessible to Police. Police also covenants and agrees
that Airports shall not be liable for any damages arising from any act or neglect on the part of
any third parties.
Page 7 of 13
ARTICLE VIII
UTILITIES
Police shall pay all utilities costs associated with its use of the Use Area including, but
not limited to, all electricity, gas, telephone and any other utility service it may require. Police
agrees that all charges for such services shall be paid prior to delinquency and that Airports
shall be protected and held harmless therefrom.
ARTICLE IX
TAXES AND ASSESSMENTS
ln addition to the rental provided for herein, should any tax or assessment of any kind
become legally authorized to be assessed against the Use Area or any improvements thereon
or any interest therein, Police shall cause it to be paid, at no cost or expense to Airports, when
due.
ARTIGLE X
RULES AND REGULATIONS
Police shall observe, obey, and comply with any and all applicable rules, regulations,
laws, ordinances, statutes or orders of any governmental and regulatory authority lawfully
exercising authority over the City of Fresno, Airport, the Use Area, the ground water/water
quality, the public facilities used in connection therewith, or othenruise having authority over
Police's conduct of its activities and operations hereunder.
Police agrees to abide by the rules; regulations and orders of the FAA or such other
successor agency as may hereafter be designated by the Federal Government with respect to
aircraft and Airport operations. This includes the requirement to comply with all FAA and Airport
safety and security rules, regulations and plans. The Police shall cause Airports to be fully
protected and held harmless against any and all claims, demands, damages, fines or penalties
of any nature whatsoever which may be imposed due to any violation caused directly or
indirectly by the act, omission, negligence, abuse or carelessness on the part of Police, its
employees, agents, visitors, suppliers or invitees.
The "Assurances required by the Federal Aviation Administration" including, but not
lirnited to those set forth in Exhibit "D" of this Agreement, are binding contractual obligations
between the City of Fresno and the Federal Aviation Administration as a condition of the receipt
of federal financial assistance for the airport. Police shall faithfully comply with each and all of
such "Assurances required by the Federal Aviation Administration" as applicable throughout the
life of this Agreement.
ARTICLE XI
ASSIGNMENT AND TRANSFER
Police shall not assign, otherwise transfer, or encumber this Agreement, the Use Area,
or any interest therein without the prior written consent of Airports.
Page 8 of 13
ARTICLE XII
EMINENT DOMAIN
ln the event that the Government of the United States takes over the operation of the
Airport or any part thereof included in this Agreement by requisition or other unilateral action as
the result of a national emergency, Airports shall be relieved of any liability incurred hereunder
to Police.
ln the event that the Government of the United States takes over such operation as
aforesaid, the Airport shall promptly return on a pro-rata basis any then unearned rent paid by
Police hereunder. lt is further agreed that, if compensation is awarded by the Government of
the United States because of taking over such operations as aforesaid, Police shall be entitled
to share in such award to the extent of its interest therein, based on the value of the unexpired
term of this Agreement as such value shall be determined in the proceedings for the taking of
such operations and awarding such compensation.
ARTICLE XIII
TERMI NATION AND RESTORATION
At the expiration of the life of this Agreement or any prior termination thereof, Police
agrees to quietly and peacefully surrender possession of the Use Area to Airports with all of the
existing improvements, as well as any and all improvements erected, constructed, and/or placed
in, on or upon the leased premises completely removed; the land shall be restored to an
environmentally clean, properly graded condition free of weeds and rubbish.
ARTICLE XIV
HOLDING OVER
ln the event Police should hold over the Use Area beyond the term of this Agreement,
with or without the expressed written consent of Airports, such holding over shall be construed
to be a monthto-month use right only, and Police shall pay rent to Airþorts and such rental rate
is the amount of rent that was due in monthly installments for the prior Fiscal Year subject to
rental adjustments (increases only) as stated in Article Vl, Section B for such year-to-year use
rights. Othenruise, such holding over shall be subject to all the terms, covenants, and conditions
of this Agreement.
ARTICLE XV
DEFAULT BY Police
ln the event that Police shall fail to keep, observe, undeftake, fulfill, or perform any of the
terms, covenants, conditions, warranties, agreements, obligations, and/or provisions of this
Agreement to be kept, observed, undertaken, fulfilled, and/or performed by Police, and where
such failure shall continue for a period of thirty (30) days following service of written notice
thereof upon Police by Airports, Police shall be declared to be in default and breach of this
Agreement; provided, however, that if the nature of Police's default is such that more than thirty
(30) days are reasonably required for its cure, then Police shall not be deemed to be in default
Page 9 of 13
and breach of this Agreement if Police commences such cure within said thirty (30) day period
and thereafter diligently prosecutes such cure to completion as soon as reasonably possible.
Following the occurrence of any default and breach of this Agreement by Police as set
forth within this Article, Airports may then immediately, or at any time thereafter, terminate this
Agreement by service of a minimum of ten (10) days advance written notice to such effect upon
Police and
within such notice. Such notice shall set forth the following:
1. The default and breach which resulted in such termination by Airports; and
2. A Demand for Possession, which, in the event only ten (10) days advance notice
shall be given by Airports, shall be effective at 12:00:01 4.M., on the eleventh
(11th) calendar day following the date on which the notice in which such demand
is contained shall be sufficiently served Police by Airports in conformity with the
"Notice" provisions of this Agreement; or, if more than the minimum number of
days advance notice shall be given, at 12:00:01 4.M., on the next day following
the date specified within such notice as being the date of termination hereof; and
3. Such notice mey contain any other notice which Airports shall be required or
desire to give under this Agreement.
ARTICLE XVI
NOTICES
All notices or demands of any kind which Airports may be required to serve on Police
under the terms of this Agreement, may be served upon Police (as an alternative to personal
service upon Police) by mailing a copy thereof by registered or certified mail, return receipt
requested, addressed to Police:
Fresno Police Department
Business Office
P.O. Box 1271
Fresno, CA93721
or at such other place as Police may designate to Airports in writing.
All notices or demands of any kind which Police may be required or may desire to serve
upon Airports under the terms of this Agreement, may be served upon Airports (as an
alternative to personal service upon Airports) by mailing a copy thereof by registered or certified
mail, return receipt requested, addressed to Airports:
City of Fresno - Airports Department
Attn. : Airport Properties Manager
4995 E. Clinton Way
Fresno, California, 93727
or at such other place as Airports may designate to Police in writing.
Page 10 of 13
ln the event of any service by mail, as aforesaid, service shall be deemed to be
complete on the third day after the deposit thereof in the United States mail.
ARTICLE XVII
TERMINATION BY Police FOR NON-APPROPRIATION
ln the sole event of non-appropriation relating to this Agreement, Police shall have the
right to terminate this Agreement at the end of any Fiscal Year of the City of Fresno, in the
manner and subject to the terms specified in this paragraph. Police shall endeavor to give
written notice of such termination not less than sixty (60) days prior to the end of such Fiscal
Year, and shall notify Airports of any anticipated termination. For purposes of this paragraph,
"non-appropriation" shall mean failure of the City of Fresno or its governing body to appropriate
money for any Fiscal Year of the City of Fresno sufficient for the continued performance of this
Agreement by Police. ln the event of termination by non-appropriation, Police will be
responsible for all demolition and restoration requirements as detailed in Article Xlll.
ARTICLE XVIII
SPECIAL PROVISIONS
A. Airports, in the interest of safety, by and through its Director of Aviation or his successor
in function, shall at all times during the life of this Agreement have the authority to
designate routes to be taken, within the Use Area, by Police and Police's employees,
delivery agencies, suppliers, visitors, invitees, and others having business with Police,
and by all automobiles, trucks, and equipment. Police hereby agrees to honor such
authority and to use only the routes so designated.
B. There is reserved to Airports, its successors and assigns, for the use and benefit of the
public, an easement and right of flight for the passage of aircraft in the air space above
the surface of the Use Area, together with the right to cause in said air space such noise,
fumes, and exhaust as may be inherent in the operation of aircraft now known or
hereafter used for navigation or flight in the air space for landing at, taking otf from, or
operating on the Fresno Yosemite lnternational Airport. Airports assumes no liability for
damage to Police's equipment which may result from such flight operations at the
Fresno Yosemite lnternational Airport and Police agrees to hold Airports harmless for
such damage which may result therefrom.
C. Police shall not erect nor permit the erection of any improvements on the Use Area,
which would be an airport hazard within the standards established by Par177 of the FAA
as now existing or as may hereafter be modified.
D. Police shall not engage in or conduct or permit the conduct of any activity of any kind on
the Use Area which will interfere in any manner with the operation of the Fresno
Yosemite lnternational Airport as an airport or with aircraft operations or related
operations conducted on the airport by the City or its lessees, and shall not make use of
said Use Area in any manner which might interfere with the landing and taking off of' aircraft, the operation of the approach ligñting system, or the operatio-n of the instiument
Page 11 of 13
landing system as each presently exists or may hereafter be modified, or othenryise. constitute an airport hazard.
E. Airports or any of its authorized officers and employees shall, at all reasonable times,
have the right to enter upon the Use Area, either in person or by nominee, for any lawful
purposé/use including inspecting the Use Area to ascertain the condition thereof and
whether the covenants of this Agreement are being kept, observed and performed.
Ht
Ht
ut
lN WITNESS WHEREOF, Airpofts and Police have entered into and executed this
MEMORANDUM OF AGREEMENT as of the day and year first above written.
Airports Department
Director of Aviation (lnterim)
Address for Notice:
City of Fresno
Airports Department
4995 E. Clinton Way
Fresno, CA 93727
ATTEST:
Yvonne Spence, CMC
City Clerk
Address for Notice:
Fresno Police Department
Business Office
P.O. Box 1271
Fresno, CA93721
By:
APPROVED AS TO FORM:
Douglas T. Sloan
Exhibit "A" - Lease Description of Use Area
Exhibit "B" - Plats of Use Area
Exhibit "C" - Rental Rate and Adjustment Worksheets
Exhibit "D" - Assurances required by the Federal Aviation Administration
Exhibit "E" - FederalAviation Advisory Circular 150/5200-338, Hazardous Wildlife Attractants on
or Near Airports
Page 13 of 13
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FRESNO YOSEN'IITE
July 29, 2013 10:42 AM
RE: FRESNO POLICE DEPARTMENT
INTERDEPARTMENTAL USE AGREEMENT
USE OF AG FARM
The rental adjustment calculation shown to the right was
completed in keeping with the intent of the lease for municipal
well operations and maintenance on land owned by Fresno
Yosemite lnternational Airport,
between
THE CITY OF FRESNO - AIRPORTS DEPARTMENT
AND
THE CITY OF FRESNO
DEPARTMENT OF PUBLIC UTILITIES - WATER DIVISION
EFFECTIVE: July'1, 2014
MONTHLY RENTAL WILL BE:$4,192.78
lf you have any questions concern matter,
please contact the undersigned at 9)6214511.
Rick Duncan
Airports Properties Supervisor
City of Fresno, Department of Airports
DATE:July 29, 2013 1O:42 AM
--------;ñ - ü' -' *^¡;".;ñ; * ¿ü;r1Ë'* ===
FOR LEASE YEAR COMMENCING:
July 1,2014
USDLBLS CPI - JAN-DEC.,
USDLBLS CPI - JAN-DEC.,
AMOUNT OF CPI CHANGE
PERCENTAGE CPI CHANGE
SQUARE FOOTAGE
CURRENT MONTHLY RENTAL
CURRENT RENT P/SQ FTA/R
AMOUNT OF ADJUSTMENT
NEW MONTHLY RENTAL
AMOUNT OF ADJUSTMENT
2012
2013
226.229 *
228.000 *
18
0.7828%
989,683.20
$4,1 1 0 57
0 049841
0.00099682
0 05083782
$82.21
Prepared by:CITY OF FRESNO
DEPARTMENT OF AIRPORTS
PROPERTIES SECTION
4995 EAST CLINTON WAY
FRESNO, CA 93727-1504
TELEPHONE: (559) 6214500
FACSIMILE: (559) 2514825
- PER USDUBLS
Page I of 2Exhibit "C"
J:\FYl\Tenant Files\Fr6no Police Dept Ag Farm\Exhibits\Rental Adjuslrnent - Exhibil C SAMPLE ONLY
Exhibit "C"
Fresno Police Department Ag Farm
Rental Schedule for FY14 - FY18
Assessed Rental Rate: Actual rental amount due for the identified FiscalYear
Fair Market Value:Market Rental Rate of property plus the proportional increase of
Consumer Price lndex as calculated from the previous yea(s)
using FY14 and $49,326.84 as the base.
ln recognition of the significant increase resulting from the Fair Market Rent determination there
shall be a three-year phase-in to progressively increase the rental rates to FMR. To allow
orderly budgeting and planning, the first phase of the increase will be effective July 1 , 2014,
followed by the second phase effective July I , 2015, and the third phase effective July 1 , 2016.
Example: Rental Rate lncrease FYl4-FY19 assuming CPI increase remains steady at 2%o per year.
CPlRate FMR Assessed Rental Rate
FY14 I 49,326.84 $ 14.820.00
FYl5 2.0%I 50.313.38 $ 26.639.29
FY16 2.0%s 51.319.64 s 38.793.68
FY|7 2.0%s 52.346.04 s 51.289.85
FY|8 2.0%s 53,392.96 $ 53,392.96
FY19 2.0%I 54,460.82 $ 54,460.82
Rent Fiscal
Beginning Year Fair Market Rental (FMR)Assessed (actual) Rental Rate
A July 1,2013 FY14 $49,326.84 $14,820
B July 1,2014 FY15 FY14 FMR + CPI (2013 through
20't4)
l/3 x (FYls FMR - FYl4 Assessed Rent)
+ FY14 Assessed Rent
c July 1, 2015 FY16 FY15 FMR + CPI (2014 through
2015)
l/3 x (FYl6 FMR - FYl4 Assessed Rent)
+ FYlS Assessed Rent
D July 1,2016 FY17 FY16 FMR + CPI (2015 through
201 6)
l/3 x (FYl6 FMR - FYl4 Assessed Rent)
+ FYlS Assessed Rent
E July 1,2017 FY18 FY17 FMR + CPI (2016 through
2017)FYIS FMR
F July 1, 2018+Rental adjustments subsequent FY18 will be made annually as described in Article Vl,
Section B of the lease aqreement.
Exhibit "C"Page 2 of 2
EXHIBIT "D"
FAA
Airports
Grant Assurances
Airport Sponsors
A.General.
1. These assurances shall be complied with in the performance of grant agreements
for airport development, airport planning, and noise compatibility program grants
for airport sponsors.
2. These assurances are required to be submitted as part of the project application by
sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as
amended. As used herein, the term "public agency sponsor" means a public
agency with control of a public-use airport; the term "private sponsor" means a
private owner of a public-use airport; and the term "sponsor" includes both public
agency sponsors and private sponsors.
3. Upon acceptance ofthis grant offer by the sponsor, these assurances are
incorporated in and become part of this grant agreement.
Duration and Applicability.
1. Airport development or Noise Compatibility Program Projects Undertaken
by a Public Agency Sponsor. The terms, conditions and assurances of this grant
agreement shall remain in full force and effect throughout the useful life of the
facilities developed or equipment acquired for an airport development or noise
compatibility program project, or throughout the useful life of the project items
installed within a facility under a noise compatibility program project, but in any
event not to exceed twenty (20) years from the date ofacceptance ofa grant offer
of Federal funds for the project. However, there shall be no limit on the duration
of the assurances regarding Exclusive Rights and Airport Revenue so long as the
airport is used as an airport. There shall be no limit on the duration of the terms,
conditions, and assurances with respect to real property acquired with federal
funds. Furthermore, the duration of the Civil Rights assurance shall be specified
in the assurances.
2. Airport Development or Noise Compatibility Projects Undertaken by a
Private Sponsor. The preceding paragraph 1 also applies to a private sponsor
except that the useful life of project items installed within a facility or the useful
life of the facilities developed or equipment acquired under an airport
development or noise compatibility program project shall be no less than ten (10)
years from the date ofacceptance ofFederal aid for the project.
B.
Airport Sponsor Assurances (4120121 ARP Page 1 of17
C.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this
grant agreement, only Assurances 1,2,3, 5, 6, 13, 18, 30, 32,33, and 34 in
section C apply to planning projects. The terms, conditions, and assurances of
this grant agreement shall remain in full force and effect during the life of the
project.
Sponsor Certification. The sponsor hereby assures and certihes, with respect to this
grant that:
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate
to the application, acceptance and use ofFederal funds for this project including
but not limited to the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis-Bacon Act - 40 U.S.C. 276(a), et seq.r
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq.
d. Hatch Act- 5 U.S.C. 1501, et seq.2
e. Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 Title 42 U.S.C. 4601, et seq.r 2
f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C.
470(Ð.1
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469
through 469c.1
h. Native Americans Grave Repatriation Act -25 U.S.C. Section 3001, et
seq.
i. Clean Air Act, P.L. 90-148, as amended.j. Coastal ZoneManagement Act, P.L. 93-205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 40l2a.ll. Title 49, U.S.C., Section 303, (formerly known as Section 4(f))m. Rehabilitation Act of 1973 -29U.5.C.794.
n. civil Rights Act of 1964 - Title vI - 42 U.s.c. 2000d through d-4.o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.p. American Indian Religious Freedom Act, P.L. 95-341, as amended.q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.r
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C.
83ß.1
s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et ses.lt. Copeland Anti kickback Act - l8 U.S.C. 874.1
u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.lv. Wild and Scenic Rivers Act, P.L. 90-542, as amended.w. Single Audit Act of 1984 - 3l U.S.C. 7501, et seq.2
x. Drug-Free Worþlace Act of 1988 - 41 U.S.C. 702through706.
Executive Orders
Airport Sponsor Assurances (412012)ARP Page 2 oÍ 17
Executive Order 11246 - Equal Employment Opportunityl
Executive Order 11990 - Protection of Wetlands
Executive Order I1998 - Flood Plain Management
Executive Order 12372 - Intergovernmental Review of Federal Programs
Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Construction I
Executive Order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport
Enforcement Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part I - Procedures for predetermination of wage rates.l
e. 29 CFR Part 3 - Contractors and subcontractors on public building or
public work financed in whole or part by loans or grants from the United
States.l
f. 29 CFR Part 5 - Labor standards provisions applicable to contracts
covering federally financed and assisted construction (also labor standards
provisions applicable to non-construction contracts subject to the Contract
Work Hours and Safety Standards Act).rg. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements).r
h. 49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.3
i. 49 CFR Part 20 - New restrictions on lobbying.j. 49 CFR Part2l - Nondiscrimination in federally-assisted programs of the
Department of Transportation - effectuation of Title VI ofthe Civil Rights
Act of 1964.
k. 49 CFR Part23 - Participation by Disadvantage Business Enterprise in
Airport Concessions.I 4e c[,ï,ïtrå;,'"ïïäiï::jii;*:ì"'¿i;:"iiiå:11 groperrv
m. 49 CFR Part26 - Participation By Disadvantaged Business Enterprises in
Department of Transportation Programs.
n. 49 CFR Part27 - Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance.lo. 49 CFR PartZ9 - Government wide debarment and suspension
(nonprocurement) and government wide requirements for drug-free
workplace (grants).
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods
and services of countries that deny procurement market access to U.S.
contractors.
Airport Sponsor Assurances (4120'l'2)Page 3 of 17
q. 49 CFR Part 4l - Seismic safety of Federal and federally assisted or
regulated new building construction.r
Office of Management and Budget Circulars
a. A-87 - Cost Principles Applicable to Grants and Contracts with State and
Local Governments.
b. A-133 - Audits of States, Local Governments, and Non-Profit
ot o not apply to airport planning sponsors.
2
, o not apply to private sponsors.
l8 and OMB Circular A-87 contain requirements for State
and Local Governments receiving Federal assistance. Any requirement
levied upon State and Local Governments by this regulation and
circular shall also be applicable to private sponsors receiving Federal
assistance under Title 49, United States Code.
Specific assurances required to be included in grant agreements by any of the
above laws, regulations or circulars are incorporated by reference in this grant
agreement.
2. Responsibility and Authorify of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for this grant, and
to hnance and carry out the proposed project; that a resolution, motion or
similar action has been duly adopted or passed as an official act of the
applicant's governing body authorizing the hling of the application,
including all understandings and assurances contained therein, and
directing and authorizingthe person identified as the ofÏicial
representative of the applicant to act in connection with the application
and to provide such additional information as may be required.
b. Private Sponsor: It has legal authority to apply for this grant and to
finance and carry out the proposed project and comply with all terms,
conditions, and assurances of this grant agreement. It shall designate an
ofïicial representative and shall in writing direct and authorize that person
to file this application, including all understandings and assurances
contained therein; to act in connection with this application; and to
provide such additional information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of
the project costs which are not to be paid by the United States. It has sufficient
funds available to assure operation and maintenance of items funded under this
grant agreement which it will own or control.
4. Good Title.
a. It, a public agency or the Federal govemment, holds good title,
satisfactory to the Secretary, to the landing arca of the airport or site
thereot or will give assurance satisfactory to the Secretary that good title
will be acquired.
A¡rport Sponsor Assurances (412012\ARP Page 4 ol 17
5.
b. For noise compatibility program projects to be carried out on the property
ofthe sponsor, it holds good title satisfactory to the Secretary to that
portion of the property upon which Federal ftrnds will be expended or will
give assurance to the Secretary that good title will be obtained.
Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of
any of the rights and powers necessary to perform any or all of the terms,
conditions, and assurances in this grant agreement without the written
approval of the Secretary, and will act promptly to acquire, extinguish or
modify any outstanding rights or claims of right of others which would
interfere with such performance by the sponsor. This shall be done in a
manner acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any
part of its title or other interests in the property shown on Exhibit A to this
application or, for a noise compatibility program project, that portion of
the property upon which Federal funds have been expended, for the
duration of the terms, conditions, and assurances in this grant agreement
without approval by the Secretary. If the transferee is found by the
Secretary to be eligible under Title 49, United States Code, to assume the
obligations of this grant agreement and to have the power, authority, and
financial resources to carry out all such obligations, the sponsor shall
insert in the contract or document transferring or disposing of the
sponsor's interest, and make binding upon the transferee all of the terms,
conditions, and assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by
another unit of local government or are on property owned by a unit of
local govemment other than the sponsor, it will enter into an agreement
with that government. Except as otherwise specified by the Secretary, that
agreement shall obligate that government to the same terms, conditions,
and assurances that would be applicable to it if it applied directly to the
FAA for a grant to undertake the noise compatibility program project.
That agreement and changes thereto must be satisfactory to the Secretary.
It will take steps to enforce this agreement against the local government if
there is substantial non-compliance with the terms of the agreement.
d. For noise compatibility program projects to be carried out on privately
owned property, it will enter into an agreement with the owner of that
property which includes provisions specified by the Secretary. It will take
steps to enforce this agreement against the property owner whenever there
is substantial non-compliance with the terms of the agreement.
e. If the sponsor is a private sponsor, it will take steps satisfactory to the
Secretary to ensure that the airport will continue to function as a public-
use airport in accordance with these assurances for the duration of these
assurances.
f. If an arrangement is made for management and operation of the airport by
any agency or person other than the sponsor or an employee ofthe
sponsor, the sponsor will reserve sufficient rights and authority to insure
Airport Sponsor Assurances (412012)Page5of17
6.
that the airport will be operated and maintained in accordance Title 49,
United States Code, the regulations and the terms, conditions and
assurances in this grant agreement and shall insure that such arrangement
also requires compliance therewith.
g. Sponsors of commercial service airports will not permit or enter into any
arrangement that results in permission for the owner or tenant of a
property used as a residence, or zoned for residential use, to taxi an
aircraft between that property and any location on airport. Sponsors of
general aviation airports entering into any arrangement that results in
permission for the owner of residential real property adjacent to or near
the airpoft must comply with the requirements of Sec. 136 of Public Law
112-95 and the sponsor assurances.
Consistency with Local Plans. The project is reasonably consistent with plans
(existing at the time of submission of this application) of public agencies that are
authorized by the State in which the project is located to plan for the development
of the area surrounding the airport.
Consideration of Local Interest. It has given fair consideration to the interest of
communities in or near where the project may be located.
Consultation with Users. In making a decision to undertake any airport
development project under Title 49, United States Code, it has undertaken
reasonable consultations with affected parties using the airport at which project is
proposed.
Public Hearings. In projects involving the location of an airport, an airport
runway, or a major runway extension, it has afforded the opportunity for public
hearings for the purpose of considering the economic, social, and environmental
effects of the airport or runway location and its consistency with goals and
objectives of such planning as has been carried out by the community and it shall,
when requested by the Secretary, submit a copy of the transcript of such hearings
to the Secretary. Further, for such projects, it has on its management board either
voting representation from the communities where the project is located or has
advised the communities that they have the right to petition the Secretary
concerning a proposed project.
Air and Water Quality Standards. ln projects involving airport location, a
major runway extension, or runway location it will provide for the Governor of
the state in which the project is located to certify in writing to the Secretary that
the project will be located, designed, constructed, and operated so as to comply
with applicable air and water quality standards. In any case where such standards
have not been approved and where applicable air and water quality standards have
been promulgated by the Administrator of the Environmental Protection Agency,
certification shall be obtained from such Administrator. Notice of certifìcation or
refusal to certify shall be provided within sixty days after the project application
has been received bythe Secretary.
Pavement Preventive Maintenance. With respect to a project approved after
January 1,1995, for the replacement or reconstruction of pavement at the airport,
7.
8.
9.
10.
11.
Airport Sponsor Assurances (412012)Page 6 of 17
it assures or certifies that it has implemented an effective airport pavement
maintenance-management program and it assures that it will use such program for
the useful life of any pavement constructed, reconstructed or repaired with
Federal financial assistance at the airport. It will provide such reports on
pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal
development at a public use airport, as defrned in Title 49, it has, on the date of
submittal of the project grant application, all the safety equipment required for
certification of such airport under section 44706 of Title 49, United States Code,
and all the security equipment required by rule or regulation, and has provided for
access to the passenger enplaning and deplaning area ofsuch airport to passengers
enplaning and deplaning from aircraft other than air carrier aircraft.
13. Accounting System, Audit, and Record Keeping Requirements.
a. It shall keep all project accounts and records which fully disclose the
amount and disposition by the recipient of the proceeds of this grant, the
total cost of the project in connection with which this grant is given or
used, and the amount or nature of that portion of the cost of the project
supplied by other sources, and such other financial records pertinent to the
project. The accounts and records shall be kept in accordance with an
accounting system that will facilitate an effective audit in accordance with
the Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, for the
purpose of audit and examination, any books, documents, papers, and
records of the recipient that are pertinent to this grant. The Secretary may
require that an appropriate audit be conducted by a recipient. In any case
in which an independent audit is made of the accounts of a sponsor
relating to the disposition of the proceeds of a grant or relating to the
project in connection with which this grant was given or used, it shall file
a certified copy of such audit with the Comptroller General of the United
States not later than six (6) months following the close of the frscal year
for which the audit was made.
14. Minimum Wage Rates. It shall include, in all contracts in excess of S2,000 for
work on any projects funded under this grant agreement which involve labor,
provisions establishing minimum rates of wages, to be predetermined by the
Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40
U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor,
and such minimum rates shall be stated in the invitation for bids and shall be
included in proposals or bids for the work.
15. Veteran's Preference. It shall include in all contracts for work on any project
funded under this grant agreement which involve labor, such provisions as are
necessary to insure that, in the employment of labor (except in executive,
administrative, and supervisory positions), preference shall be given to Vietnam
Airport Sponsor Assurances (412012)Page 7 of '17
era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled
veterans, and small business concerns owned and controlled by disabled veterans
as defined in Section 47112 of Title 49, United States Code. However, this
preference shall apply only where the individuals are available and qualihed to
perform the work to which the employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to
plans, specifications, and schedules approved by the Secretary. Such plans,
specifications, and schedules shall be submitted to the Secretary prior to
commencement of site preparation, construction, or other performance under this
grant agteement, and, upon approval ofthe Secretary, shall be incorporated into
this grant agreement. Any modification to the approved plans, specifications, and
schedules shall also be subject to approval ofthe Secretary, and incorporated into
this grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent
technical supervision at the construction site throughout the project to assure that
the work conforms to the plans, specifications, and schedules approved by the
Secretary for the project. It shall subject the construction work on any project
contained in an approved project application to inspection and approval by the
Secretary and such work shall be in accordance with regulations and procedures
prescribed bythe Secretary. Such regulations and procedures shall require such
cost and progress reporting by the sponsor or sponsors ofsuch project as the
Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project in accordance with the approved program
narative contained in the project application or with the modifications
similarly approved.
b. It will furnish the Secretary with such periodic reports as required
pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the
planning project a notice that the material was prepared under a grant
provided by the United States.
d. It will make such material available for examination by the public, and
agrees that no material prepared with funds under this project shall be
subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose,
distribute, and otherwise use any ofthe material prepared in connection
with this grant.
f. It will grant the Secretary the right to disapprove the sponsor's
employment of specific consultants and their subcontractors to do all or
any part of this project as well as the right to disapprove the proposed
scope and cost ofprofessional services.
g. It will grant the Secretary the right to disapprove the use of the sponsor's
employees to do all or any part of the project.
h. It understands and agrees that the Secretary's approval ofthis project grant
or the Secretary's approval of any planning material developed as part of
Airport Sponsor Assurances (412012)Page I of 17
t9.
this grant does not constitute or imply any assurance or commitment on
the part ofthe Secretary to approve any pending or future application for a
Federal airport grant.
Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical
users of the airport, other than facilities owned or controlled by the United
States, shall be operated at all times in a safe and serviceable condition
and in accordance with the minimum standards as may be required or
prescribed by applicable Federal, state and local agencies for maintenance
and operation. It will not cause or permit any activity or action thereon
which would interfere with its use for airport purposes. It will suitably
operate and maintain the airport and all facilities thereon or connected
therewith, with due regard to climatic and flood conditions. Any proposal
to temporarily close the airport for non-aeronautical purposes must first be
approved by the Secretary. In furtherance ofthis assurance, the sponsor
will have in effect arrangements for-
l) Operating the airport's aeronautical facilities whenever required;
2) Promptly marking and lighting hazards resulting from airport
conditions, including temporary conditions; and
3) Promptly notifying airmen of any condition affecting aeronautical
use of the airport. Nothing contained herein shall be construed to
require that the airport be operated for aeronautical use during
temporary periods when snow, flood or other climatic conditions
interfere with such operation and maintenance. Further, nothing
herein shall be construed as requiring the maintenance, repair,
restoration, or replacement of any structure or facility which is
substantially damaged or destroyed due to an act of God or other
condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items
that it owns or controls upon which Federal funds have been expended.
Hazard Removal and Mitigation. It will take appropriate action to assure that
such terminal airspace as is required to protect instrument and visual operations to
the airport (including established minimum flight altitudes) will be adequately
cleared and protected by removing, lowering, relocating, marking, or lighting or
otherwise mitigating existing airport hazards and by preventing the establishment
or creation offuture airport hazards.
Compatible Land Use. It will take appropriate action, to the extent reasonable,
including the adoption of zoning laws, to restrict the use of land adjacent to or in
the immediate vicinity of the airport to activities and purposes compatible with
normal airyort operations, including landing and takeoff of aircraft. In addition, if
the project is for noise compatibility program implementation, it will not cause or
permit any change in land use, within its jurisdiction, that will reduce its
compatibility, with respect to the airport, of the noise compatibility program
measures upon which Federal funds have been expended.
20.
21.
Airport Sponsor Assurances (412012)Page 9 of '17
22. EconomicNondiscrimination.
a. It will make the airport available as an airport for public use on reasonable
terms and without unjust discrimination to all types, kinds and classes of
aeronautical activities, including commercial aeronautical activities
offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a
right or privilege at the airyort is granted to any person, firm, or
corporation to conduct or to engage in any aeronautical activity for
furnishing services to the public at the airport, the sponsor will insert and
enforce provisions requiring the contractor to-
1) fumish said services on a reasonable, and not unjustly
discriminatory, basis to all users thereof, and
2) charge reasonable, and not unjustly discriminatory, prices for each
unit or service, provided that the contractor may be allowed to
make reasonable and nondiscriminatory discounts, rebates, or other
similar types of price reductions to volume purchasers.
c. Each fixed-based operator at the airport shall be subject to the same rates,
fees, rentals, and other charges as are uniformly applicable to all other
fixed-based operators making the same or similar uses of such airport and
utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to
use any fixed-based operator that is authorized or permitted by the airport
to serve any air carrier at such airport.
e. Each air carrier using such airport (whether as a tenant, non tenant, or
subtenant ofanother air carrier tenant) shall be subject to such
nondiscriminatory and substantially comparable rules, regulations,
conditions, rates, fees, rentals, and other charges with respect to facilities
directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport
and utilize similar facilities, subject to reasonable classifications such as
tenants or non tenants and signatory carriers and non signatory carriers.
Classification or status as tenant or signatory shall not be unreasonably
withheld by any airport provided an air carrier assumes obligations
substantially similar to those already imposed on air carriers in such
classification or status.
f. It will not exercise or grant any right or privilege which operates to
prevent any person, firm, or corporation operating aircraft on the airport
from performing any services on its own aircraft with its own employees
[including, but not limited to maintenance, repair, and fueling] that it may
choose to perform.
g. In the event the sponsor itself exercises any of the rights and privileges
referred to in this assurance, the services involved will be provided on the
same conditions as would apply to the furnishing of such services by
commercial aeronautical service providers authorized by the sponsor
under these provisions.
Airport Sponsor Assurances (412012)Page '10 of 17
h. The sponsor may establish such reasonable, and not unjustly
discriminatory, conditions to be met by all users of the airport as may be
necessary for the safe and effìcient operation ofthe airport.
i. The sponsor may prohibit or limit any given type, kind or class of
aeronautical use ofthe airport ifsuch action is necessary for the safe
operation ofthe airport or necessary to serve the civil aviation needs ofthe
public.
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by
any person providing, or intending to provide, aeronautical services to the public.
For purposes ofthis paragraph, the providing ofthe services at an airport by a
single frxed-based operator shall not be construed as an exclusive right ifboth of
the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than
one fixed-based operator to provide such services, and
b. If allowing more than one fixed-based operator to provide such services
would require the reduction of space leased pursuant to an existing
agreement between such single fixed-based operator and such airport. It
further agrees that it will not, either directly or indirectly, grant or permit
any person, frrm, or corporation, the exclusive right at the airport to
conduct any aeronautical activities, including, but not limited to charter
flights, pilot training, aircraft rental and sightseeing, aerial photography,
crop dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether or
not conducted in conjunction with other aeronautical activity, repair and
maintenance of aircraft, sale of aircraft parts, and any other activities
which because of their direct relationship to the operation of aircraft can
be regarded as an aeronautical activity, and that it will terminate any
exclusive right to conduct an aeronautical activity now existing at such an
airport before the grant of any assistance under Title 49, United States
Code.
24, Fee and Rental Structure. It will maintain a fee and rental structure for the
facilities and services at the airport which will make the airport as self-sustaining
as possible under the circumstances existing at the particular airport, taking into
account such factors as the volume of traffic and economy of collection. No part
of the Federal share of an airport development, airport planning or noise
compatibility project for which a grant is made under Title 49, United States
Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act
or the Airport and Airway Development Act of 1970 shall be included in the rate
basis in establishing fees, rates, and charges for users ofthat airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel
established after December 30, 1987, will be expended by it for the capital
or operating costs ofthe airport; the local airport system; or other local
facilities which are owned or operated by the owner or operator of the
Airport Sponsor Assurances (412012)Page 11 of17
26.
airport and which are directly and substantially related to the actual air
transportation of passengers or property; or for noise mitigation purpos€s
on or off the airport. The following exceptions apply to this paragraph:
l) Ifcovenants or assurances in debt obligations issued before
September 3,1982, by the olilner or operator of the airport, or
provisions enacted before September 3,1982, in governing statutes
controlling the owner or operator's financing, provide for the use of
the revenues from any of the airport owner or operator's facilities,
including the airport, to support not only the airport but also the
airport owner or operator's general debt obligations or other
facilities, then this limitation on the use of all revenu€s generated
by the airport (and, in the case of a public airport, local taxes on
aviation fuel) shall not apply.
2) If the Secretary approves the sale of a privately owned airport to a
public sponsor and provides funding for any portion of the public
sponsor's acquisition of land, this limitation on the use of all
revenues generated by the sale shall not apply to ceftain proceeds
from the sale. This is conditioned on repayment to the Secretary
by the private owner of an amount equal to the remaining
unamortized portion (amortized over a 2}-year period) of any
airport improvement grant made to the private owner for any
purpose other than land acquisition on or after October 1,1996,
plus an amount equal to the federal share of the current fair market
value of any land acquired with an airport improvement grant
made to that airport on or after October l,1996.
3) Certain revenue derived from or generated by mineral extraction,
production, lease, or other means at a general aviation airport (as
defined at Section 47102 oftitle 49 United States Code), if the
FAA determines the airport sponsor meets the requirements set
forth in Sec. 813 of Public Law I 12-95.
b. As part of the annual audit required under the Single Audit Act of 1984,
the sponsor will direct that the audit will review, and the resulting audit
report will provide an opinion concerning, the use of airport revenue and
taxes in paragraph (a), and indicating whether funds paid or transferred to
the owner or operator are paid or transferred in a manner consistent with
Title 49, United States Code and any other applicable provision of law,
including any regulation promulgated by the Secretary or Administrator.c. Any civil penalties or other sanctions will be imposed for violation of this
assurance in accordance with the provisions of Section 47107 of Title 49,
United States Code.
Reports and Inspections. It will:
a. submit to the Secretary such annual or special frnancial and operations
reports as the Secretary may reasonably request and make such reports
Airport Sponsor Assurances (412012)Page 12 of 17
27.
available to the public; make available to the public at reasonable times
and places a report of the airport budget in a format prescribed by the
Secretary;
b. for airport development projects, make the airport and all airport records
and documents affecting the airport, including deeds, leases, operation and
use agreements, regulations and other instruments, available for inspection
by any duly authorized agent ofthe Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents
relating to the project and continued compliance with the terms,
conditions, and assurances of this grant agreement including deeds, leases,
agreements, regulations, and other instruments, available for inspection by
any duly authorized agent ofthe Secretary upon reasonable request; and
d. in a format and time prescribed by the Secretary, provide to the Secretary
and make available to the public following each of its fiscal years, an
annual report listing in detail:
1) all amounts paid by the airport to any other unit of government and
the purposes for which each such payment was made; and
2) all services and property provided by the airport to other units of
government and the amount of compensation received for
provision ofeach such service and property.
Use by Government Aircraft. It will make available all of the facilities of the
airport developed with Federal financial assistance and all those usable for
landing and takeoff of aircraft to the United States for use by Govemment aircraft
in common with other aircraft at all times without charge, except, if the use by
Government aircraft is substantial, charge may be made for a reasonable share,
proportional to such use, for the cost of operating and maintaining the facilities
used. Unless otherwise determined by the Secretary, or otherwise agreed to by the
sponsor and the using agency, substantial use of an airport by Govemment aircraft
will be considered to exist when operations of such aircraft are in excess of those
which, in the opinion of the Secretary, would unduly interfere with use of the
landing areas by other authorized aftcraft, or during any calendar month that -
a. Five (5) or more Government aircraft are regularly based at the airport or
on land adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of
Government aircraft is 300 or more, or the gross accumulative weight of
Government aircraft using the airport (the total movement of Government
aircraft multiplied by gross weights of such aircraft) is in excess of five
million pounds.
Land for X'ederal Facilities. It will furnish without cost to the Federal
Government for use in connection with any air traffic control or air navigation
activities, or weather-reporting and communication activities related to air traffic
control, any areas of land or water, or estate therein, or rights in buildings of the
sponsor as the Secretary considers necessary or desirable for construction,
operation, and maintenance at Federal expense of space or facilities for such
28.
Airport Sponsor Assurances (4120'12)ARP Page 13 of 17
29.
purposes. Such areas or any portion thereof will be made available as provided
herein within four months after receipt of a written request from the Secretary.
Airport Layout Plan.
a. It will keep up to date at all times an airport layout plan of the airport
showing (1) boundaries of the airport and all proposed additions thereto,
together with the boundaries of all offsite areas owned or controlled by the
sponsor for airport purposes and proposed additions thereto; (2) the
location and nature of all existing and proposed airport facilities and
structures {such as runways, taxiways, aprons, terminal buildings, hangars
and roads), including all proposed extensions and reductions of existing
airport facilities; (3) the location of all existing and proposed nonaviation
areas and of all existing improvements thereon; and (4) all proposed and
existing access points used to taxi aircraft across the airport's property
boundary. Such airport layout plans and each amendment, revision, or
modification thereof, shall be subject to the approval of the Secretary
which approval shall be evidenced by the signature of a duly authorized
representative of the Secretary on the face of the airport layout plan. The
sponsor will not make or permit any changes or alterations in the airport or
any of its facilities which are not in conformity with the airport layout plan
as approved by the Secretary and which might, in the opinion of the
Secretary, adversely affect the safety, utility or efficiency ofthe airport.
b. If a change or alteration in the airport or the facilities is made which the
Secretary determines adversely affects the safety, utility, or efliciency of
any federally owned, leased, or funded property on or offthe airport and
which is not in conformity with the airport layout plan as approved by the
Secretary, the owner or operator will, if requested, by the Secretary (1)
eliminate such adverse effect in a manner approved by the Secretary; or
(2)bear all costs of relocating such property (or replacement thereof) to a
site acceptable to the Secretary and all costs ofrestoring such property (or
replacement thereof) to the level of safety, utility, efficiency, and cost of
operation existing before the unapproved change in the airport or its
facilities except in the case of a relocation or replacement of an existing
airport facility due to a change in the Secretary's design standards beyond
the control of the airport sponsor.
Civil Rights. It will comply with such rules as are promulgated to assure that no
person shall, on the grounds ofrace, creed, color, national origin, sex, age, or
handicap be excluded from participating in any activity conducted with or
benefiting from funds received from this grant. This assurance obligates the
sponsor for the period during which Federal financial assistance is extended to the
program, except where Federal financial assistance is to provide, or is in the form
ofpersonal property or real property or interest therein or structures or
improvements thereon in which case the assurance obligates the sponsor or any
transferee for the longer of the following periods: (a) the period during which the
property is used for a purpose for which Federal financial assistance is extended,
or for another purpose involving the provision of similar services or benefits, or
30.
Airport Sponsor Assurances (4120'12)Page 14 of 17
31.
(b) the period during which the sponsor retains ownership or possession of the
propefty.
Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes,
including land serving as a noise buffer, it will dispose of the land, when
the land is no longer needed for such purposes, at fair market value, at the
earliest practicable time. That portion of the proceeds of such disposition
which is proportionate to the United States'share of acquisition of such
land will be, at the discretion of the Secretary, (1) reinvested in another
project at the airport, or (2) transferred to another eligible airport as
prescribed by the Secretary. The Secretary shall give preference to the
following, in descending order, (l) reinvestment in an approved noise
compatibility project, (2) reinvestment in an approved project that is
eligible for grant funding under Section 47117(e) of title 49 United States
Code, (3) reinvestment in an approved airport development project that is
eligible for grant funding under Sections 47114,47I15, or 47117 of title
49 United States Code, (4) transfened to an eligible sponsor of another
public airport to be reinvested in an approved noise compatibility project
at that airport, and (5) paid to the Secretary for deposit in the Airport and
Airway Trust Fund. If land acquired under a grant for noise compatibility
purposes is leased at fair market value and consistent with noise buffering
purposes, the lease will not be considered a disposal of the land.
Revenues derived from such a lease may be used for an approved airport
development project that would otherwise be eligible for grant funding or
any permitted use of airport revenue.
b. For land purchased under a grant for airport development purpos€s (other
than noise compatibility), it will, when the land is no longer needed for
airport purposes, dispose of such land at fair market value or make
available to the Secretary an amount equal to the United States'
proportionate share of the fair market value of the land. That portion of
the proceeds of such disposition which is proportionate to the United
States'share of the cost of acquisition of such land will, (1) upon
application to the Secretary, be reinvested or transferred to another eligible
airport as prescribed by the Secretary. The Secretary shall give preference
to the following, in descending order: (l) reinvestment in an approved
noise compatibility project, (2) reinvestment in an approved project that is
eligible for grant funding under Section a7ll7(e) of title 49 United States
Code, (3) reinvestment in an approved airport development project that is
eligible for grant funding under Sections 47114,47115, or 47117 of title
49 United States Code, (4) transferred to an eligible sponsor of another
public airport to be reinvested in an approved noise compatibility project
atthat airport, and (5) paid to the Secretary for deposit in the Airport and
Airway Trust Fund.
c. Land shall be considered to be needed for airport purposes under this
assurance if (1) it may be needed for aeronautical purposes (including
runway protection zones) or serve as noise buffer land, and (2) the r€venue
Airport Sponsor Assurances (4120'12)Page 15 of17
32.
from interim uses of such land contributes to the financial self-sufficiency
of the airport. Further, land purchased with a grant received by an airport
operator or owner before December 31, 1987, will be considered to be
needed for airport purposes if the Secretary or Federal agency making
such grant before December 31, 1987, was notifìed by the operator or
owner ofthe uses ofsuch land, did not object to such use, and the land
continues to be used for that purpose, such use having commenced no later
than December 15, 1989.
d. Disposition of such land under (a) (b) or (c) will be subject to the retention
or reservation ofany interest or right therein necessary to ensure that such
land will only be used for purposes which are compatible with noise levels
associated with operation of the airport.
Engineering and Design Services. It will award each contract, or sub-contract
for program management, construction management, planning studies, feasibility
studies, architectural services, preliminary engineering, design, engineering,
surveying, mapping or related services with respect to the project in the same
manner as a contract for architectural and engineering services is negotiated under
Title IX of the Federal Property and Administrative Services Act of 1949 or an
equivalent qualifications-based requirement prescribed for or by the sponsor of
the airport.
Foreign Market Restrictions. It will not allow funds provided under this grant to
be used to fund any project which uses any product or service ofa foreign country
during the period in which such foreign country is listed by the United States
Trade Representative as denying fair and equitable market opportunities for
products and suppliers ofthe United States in procurement and construction.
Policies, Standards, and Specifications. It will carry out the project in
accordance with policies, standards, and specifrcations approved by the Secretary
including but not limited to the advisory circulars listed in the Current FAA
Advisory Circulars for AIP projects, dated (the latest
approved version as ofthis grant offer) and included in this grant, and in
accordance with applicable state policies, standards, and specifications approved
by the Secretary.
Relocation and Real Property Acquisition. (1) It will be guided in acquiring
real property, to the greatest extent practicable under State law, by the land
acquisition policies in Subpart B of 49 CFR Part 24 andwill pay or reimburse
property o\ryners for necessary expenses as specified in Subpart B. (2) It will
provide a relocation assistance program offering the services described in Subpart
C and fair and reasonable relocation payments and assistance to displaced persons
as required in Subpart D and E of 49 CFR Part 24. (3) It will make available
within a reasonable period of time prior to displacement, comparable replacement
dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
Access By Intercify Buses. The airport owner or operator will permit, to the
maximum extent practicable, intercity buses or other modes of transportation to
33.
34.
35.
36.
Airport Sponsor Assurances (412012)Page 16 of17
have access to the airport; however, it has no obligation to fund special facilities
for intercity buses or for other modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of any
DOT-assisted contract or in the administration of its DBE program or the
requirements of 49 CFR Part 26.The Recipient shall take all necessary and
reasonable steps under 49 CFR Part26 to ensure non discrimination in the award
and administration of DOT-assisted contracts. The recipient's DBE program, as
required by 49 CFR Part26, and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notifrcation to the recipient of its failure to carry out its approved program,
the Department may impose sanctions as provided for under Part26 and may, in
appropriate cases, refer the matter for enforcement under l8 U.S.C. 1001 andlor
the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801).
38. Hangar Construction. If the airport owner or operator and a person who owns an
aircraft agree that a hangar is to be constructed at the airport for the aircraft at the
aircraft owner's expense, the airport owner or operator will grant to the aircraft
owner for the hangar a long term lease that is subject to such terms and conditions
on the hangar as the airport owner or operator may impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as
defined in section 47102 of title 49, U.S.C.) has been unable to
accommodate one or more requests by an air carrier for access to gates or
other facilities at that airport in order to allow the air carrier to provide
service to the airport or to expand service at the airport, the airport owner
or operator shall transmit a report to the Secretary that-
1) Describes the requests;
2) Provides an explanation as to why the requests could not be
accommodated; and
3) Provides a time frame within which, if any, the airport will be able
to accommodate the requests.
b. Such report shall be due on either February 1 or August 1 ofeach year if
the airport has been unable to accommodate the request(s) in the six month
period prior to the applicable due date.
Airport Sponsor Assurances (4120'12)ARP Page'17 of 17
Exhib¡t 'rE"
U.S. Department
of Transportation
FederalAviation
Administration
Advisory
C¡rcular
Subject: HAZARDOUS WILDLIFE
ATTRACTANTS ON OR NEAR
AIRPORTS
Date: 8/2812007 AC No: 150/5200-338
lnitiated by: AAS-300 Change:
1. PURPOSE. This Advisory Circular (AC) provides guidance on certain land uses
that have the potential to attract hazardous wildlife on or near public-use airports. lt
also discusses airport development projects (including airport construction, expansion,
and renovation) affecting aircraft movement near hazardous wildlife attractants.
Appendix 1 provides definitions of terms used in this AC.
2. APPLICABILITY. The Federal Aviation Administration (FAA) recommends that
public-use airport operators implement the standards and practices contained in this
AC. The holders of Airport Operating Certificates issued under Title 14, Code of
Federal Regulations (CFR), Part 139, Certification of Airports, Subpart D (Part 139),
may use the standards, practices, and recommendations contained in this AC to comply
with the wildlife hazard management requirements of Part 139. Airports that have
received Federal grant-in-aid assistance must use these standards. The FAA also
recommends the guidance in this AC for land-use planners, operators of non-
certificated airports, and developers of projects, facilities, and activities on or near
airports.
3. CANCELLATION. This AC cancels AC 150/5200-33A, Hazardous Wildlife
Attractants on or near Airporfs, dated July 27,2004.
4. PRINCIPAL CHANGES. This AC contains the following major changes, which
are marked with vertical bars in the margin:
a. Technical changes to paragraph references.
b. Wording on storm water detention ponds.
c. Deleted paragraph 4-3.b, Additional Coordination.
5. BACKGROUND. lnformation about the risks posed to aircraft by certain wildlife
species has increased a great deal in recent years. lmproved reporting, studies,
documentation, and statistics clearly show that aircraft collisions with birds and other
wildlife are a serious economic and public safety problem. While many species of
wildlife can pose a threat to aircraft safety, they are not equally hazardous. Table 1
8t28t2007 AC 150/5200-338
ranks the wildlife groups commonly involved in damaging strikes in the United States
according to their relative hazard to aircraft. The ranking is based on the 47,212
records in the FAA National Wildlife Strike Database for the years 1990 through 2003.
These hazard rankings, in conjunction with site-specific Wldlife Hazards Assessments
(WHA), will help airport operators determine the relative abundance and use patterns of
wildlife species and help focus hazardous wildlife management efforts on those species
most likely to cause problems at an airport.
Most public-use airports have large tracts of open, undeveloped land that provide added
margins of safety and noise mitigation. These areas can also present potential hazards
to aviation if they encourage wildlife to enter an airport's approach or departure airspace
or air operations area (AOA). Constructed or natural areas-such as poorly drained
locations, detention/retention ponds, roosting habitats on buildings, landscaping, odor-
causing rotting organic matter (putrescible waste) disposal operations, wastewater
treatment plants, agricultural or aquaculture activities, surface mining, or wetlands-can
provide wildlife with ideal locations for feeding, loafing, reproduction, and escape. Even
small facilities, such as fast food restaurants, taxicab staging areas, rental car facilities,
aircraft viewing areas, and public parks, can produce substantial attractions for
hazardous wildlife.
During the past century, wildlife-aircraft strikes have resulted in the loss of hundreds of
lives worldwide, as well as billions of dollars in aircraft damage. Hazardous wildlife
attractants on and near airports can jeopardize future airport expansion, making proper
community land-use planning essential. This AC provides airport operators and those
parties with whom they cooperate with the guidance they need to assess and address
potentially hazardous wildlife attractants when locating new facilities and implementing
certain land-use practices on or near public-use airports.
6. MEMORANDUM OF AGREEMENT BETWEEN FEDERAL RESOURCE
AGENCIES. The FAA, the U.S. Air Force, the U.S. Army Corps of Engineers, the U.S.
Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S.
Department of Agriculture - Wildlife Services signed a Memorandum of Agreement
(MOA) in July 2003 to acknowledge their respective missions in protecting aviation from
wildlife hazards. Through the MOA, the agencies established procedures necessary to
coordinate their missions to address more effectively existing and future environmental
conditions contributing to collisions between wildlife and aircraft (wildlife strikes)
throughout the United States. These efforts are intended to minimize wildlife risks to
aviation and human safety while protecting the Nation's valuable environmental
resources.
A/ufrJ
DAVID L. BENNETT
Director, Office of Airport Safety
and Standards
8t28t2007 AC 150/5200-338
Table 1. Ranking of 25 species groups as to relative hazard to aircraft (1=most hazardous)
based on three criteria (damage, major damage, and effect-on-flight), a composite ranking
based on all three rankings, and a relative hazard score. Data were derived from the FAA
National Wldlife Strike Daiabase, January 199G-April 2003.1
Ranking by criteria
Species group
Deer
Vultures
Geese
Cormorants/pelicans
Cranes
Eagles
Ducks
Osprey
Turkey/pheasants
Herons
Hawks (buteos)
Gulls
Rock p¡geon
Owls
H. lark/s. bunting
Crows/ravens
Coyote
Mourning dove
Shorebirds
Blackbirds/starling
American kestrel
Meadowlarks
Swallows
Sparrows
Nighthawks
Damagea
Major
damage"
2
3
5
6
I
I
4
7
14
12
1'l
10
13
15
16
19
'17
21
22
l8
20
23
24
25
Effecl on flight6
1
2
6
3
4
7
10
I
11
I
12
13
14
20
15
16
5
17
.t8
19
21
22
24
23
25
Composite
ranking2
1
2
3
4
5
6
7
I
I
'10
11
12
13
14
15
16
17
18
19
20
2',1
22
23
24
25
Relative
hazard score3
100
64
55
54
47
4',!
39
39
33
27
25
24
23
23
17
't6
't4
14
10
10
I
7
4
4
1
1
2
3
4
7
6
5
I
o
11
l0
12
13
14
18
t5
16
17
19
20
21
22
24
25
23
r Excerpted from the Speciat Report for the FAA, "Ranking the Hazard Levet of W¡tdt¡fe Specrbs to Civit
Aviation in the USA: Update #1, July 2, 2003". Refer to this report for additional explanations of criteria
and method of ranking.' Relative rank of each species group was compared with every other group for the three variables,
placing the species group with the greatest hazard rank for > 2 of the 3 variables above the next highest
ranked group, then proceeding down the list.o Percentage values, from Tables 3 and 4 in Footnote 1 of the Specra/ Repoft, forthe three criteria were
summed and scaled down from 100, with 100 as the score for the species group with the maximum
summed values and the greatest potential hazard to aircraft.
] nircraft incurred at leas[some dämage (destroyed, substantial, minor, or unknown) from strike.5 Aircraft incurred damage or struótural failure, which adversely affected the structure strength,
performance, or flight characteristics, and which would normally require major repair or replacement of
the affected component, or the damage sustained makes it inadvisable to restore aircraft to airworthy
condition.
6 Aborted takeoff, engine shutdown, precautionary landing, or other.
8t28t2007 AC 150/5200-338
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v
8t28t2007 AC 150/5200-338
Table of Contents
SECTION 1. GENERAL SEPARATION CRITERIA FOR HAZARDOUS WLDLIFE ATTRACTANTS
oN oR NEARA|RPORTS............. .........1
1-1. |NTRODUCT|ON.............. ............... 1
1-2. AIRPORTS SERVING PISTON-POWERED AIRCRAFT.. ........1
1-3. AIRPORTS SERVING TURBINE-POWERED AIRCRAFT.. ........................... 1
1-4. PROTECTION OF APPROACH, DEPARTURE, AND CIRCLING 4IRSP4CE..................1
SECTION 2. LAND-USE PRACTICES ON OR NEAR AIRPORTS THAT POTENTIALLY ATTRACT
HAZARDOUS WLDLTFE ......................3
2-1. GENERAL.. .................3
2-2. WASTE DTSPOSAL OPERAT|ONS.................. .........................3
2-3. WATER MANAGEMENT FACTLTïES............... ........................ 5
2-4. WET|-ANDS .................8
2-5. DREDGE SPOIL CONTAINMENT AREAS ..........9
2-6. AGRTCULTURAL ACT|V|T|ES............... ...............9
2-7. GOLF COURSES, I.ANDSCAPING AND OTHER LAND.USE CONSIDERATIONS......1O
2-8. SYNERGISTIC EFFECTS OF SURROUNDING I.AND USES ....................11
SECTION 3. PROCEDURES FOR WILDLIFE HAZARD MANAGEMENT BY OPERATORS OF
puBlrc-usE A|RPoRTS .................... 13
3.1. INTRODUCT|ON.............. .............13
3.2. COORDINATION WITH USDA WILDLIFE SERVICES OR OTHER QUALIFIED
WLDL|FE DAMAGE MANAGEMENT B|OLOG|STS............. .....................13
3-3. WILDLIFE HAZARD MANAGEMENT AT AIRPORTS: A MANUAL FOR AIRPORT
PERSONNE1.................. ...............13
3-4. WILDLIFE HAZARD ASSESSMENTS, TITLE 14, CODE OF FEDERAL
REGULAT|ONS, PART 139.............. ..................13
3-5. WTLDLTFE HAZARD MANAGEMENT PLAN (WHMP) ...........14
3-6. LOCAL COORD|NATION............. .....................14
3-7. COORDINATION/NOTIFICATION OF AIRMEN OF WLDLIFE HAZARDS ....................14
SECTION 4. FAA NOTIFICATION AND REVIEW OF PROPOSED I.AND-USE PRACTICE
CHANGES rN THE VlClNlry OF PUBLTC-USE 4|RPORTS............... ............ 15
4-1. FAA REVIEW OF PROPOSED I-AND-USE PRACTICE CHANGES IN THE VICINITY
oF PUBLTC-USE A|RPORTS............. ................. 15
4-2. WASTE MANAGEMENT F4C111T1ES............... ......................15
4-3. OTHER HND-USE PRACTICE CHANGES ......16
APPENDIX 1. DEFINITIONS OF TERMS USED IN THIS ADVISORY CIRCU1.AR.................................. 19
8t28t2007 AC 150/5200-338
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vi
8t28t2007 AC 150/5200-338
SECTION 1.
GENERAL SEPARATION CRITERIA FOR HAZARDOUS WILDLIFE ATTRACTANTS
ON OR NEAR AIRPORTS.
1-1. INTRODUCTION. \Mten considering proposed land uses, airport operators,
local planners, and developers must take into account whether the proposed land uses,
including new development projects, will increase wildlife hazards. Land-use practices
that attract or sustain hazardous wildlife populations on or near airports can significantly
increase the potential for wildlife strikes.
The FAA recommends the minimum separation criteria outlined below for land-use
practices that attract hazardous wildlife to the vicinity of airports. Please note that FAA
criteria include land uses that cause movement of hazardous wildlife onto, into, or
across the airport's approach or departure airspace or air operations area (AOA). (See
the discussion of the synergistic effects of surrounding land uses in Section 2-8 of this
AC.)
The basis for the separation criteria contained in this section can be found in existing
FAA regulations. The separation distances are based on (1) flight patterns of piston-
powered aircraft and turbine-powered aircraft, (2) the altitude at which most strikes
happen (78 percent occur under 1,000 feet and 90 percent occur under 3,000 feet
above ground level), and (3) National Transportation Safety Board (NTSB)
recommendations.
1-2. AIRPORTS SERVING PISTON-POWERED AIRCRAFT. Airports that do not sell
Jet-A fuel normally serve piston-powered aircraft. Notwithstanding more stringent
requirements for specific land uses, the FAA recommends a separation distance of
5,000 feet at these airports for any of the hazardous wildlife attractants mentioned in
Section 2 or for new airport development projects meant to accommodate aircraft
movement. This distance is to be maintained between an airport's AOA and the
hazardous wildlife attractant. Figure 1 depicts this separation distance measured from
the nearest aircraft operations areas.
1-3. AIRPORTS SERVING TURBINE-POWERED AIRCRAFT. Airports selling Jet-A
fuel normally serye turbine-powered aircraft. Notwithstanding more stringent
requirements for specific land uses, the FAA recommends a separation distance of
10,000 feet at these airports for any of the hazardous wildlife attractants mentioned in
Section 2 or tor new airport development projects meant to accommodate aircraft
movement. This distance is to be maintained between an airport's AOA and the
hazardous wildlife attractant. Figure 1 depicts this separation distance from the nearest
aircraft movement areas.
1.4. PROTECTION OF APPROACH, DEPARTURE, AND CIRCLING AIRSPACE.
For all airports, the FAA recommends a distance of 5 statute miles between the farthest
edge of the airport's AOA and the hazardous wildlife attractant if the attractant could
cause hazardous wildlife movement into or across the approach or departure airspace.
8t28t2007 AC 1s0/5200-338
Figure 1. Separation distances within which hazardous wildlife attractants should be avoided, eliminated,
or mitigated.
PERIMETER A: For airports serving piston-powered aircraft, hazardous wildlife attractants must be 5,000
feet from the nearest air operations area.
PERIMETER B: For airports serving turbine-powered aircraft, hazardous wildlife attractants must be
10,000 feet from the nearest air operations area.
PERIMETER C: 5-mile range to protect approach, departure and circling airspace.
8t2812007 AC 150/5200-338
SECTION 2.
LAND-USE PRACTICES ON OR NEAR AIRPORTS THAT POTENTIALLY ATTRACT
HAZARDOUS WILDLIFE.
2-1. GENERAL. The wildlife species and the size of the populations attracted to the
airport environment vary considerably, depending on several factors, including land-use
practices on or near the airport. This section discusses land-use practices having the
potential to attract hazardous wildlife and threaten aviation safety. ln addition to the
specific considerations outlined below, airport operators should refer to Wildlife Hazard
Management at Airporfs, prepared by FAA and U.S. Department of Agriculture (USDA)
staff. (This manual is available in English, Spanish, and French. lt can be viewed and
downloaded free of charge from the FAA's wildlife hazard mitigation web site:
htto://wildlife-mitigatíon.tc.FAA.qov.). And, Prevention and Control of Wildlife Damage,
compiled by the University of Nebraska Cooperative Extension Division. (This manual
is available online in a periodically updated version at:
ia n nøww. u n l. ed u /wi I d I ife/so I utlo n s/h a n d boo U. )
2-2. WASTE DISPOSAL OPERATIONS. Municipal solid waste landfills (MSWLF)
are known to attract large numbers of hazardous wildlife, particularly birds. Because of
this, these operations, when located within the separations identified in the siting criteria
in Sections 1-2 through 1-4, are considered incompatible with safe airport operations.
a. Siting for new municipal solid waste landfills subject to AIR 21. Section 503 of
the Wendell H. Ford Aviation lnvestment and Reform Act for the 21st Century
(Public Law 106-181) (AlR 21) prohibits the construction or establishment of a new
MSWLF within 6 statute miles of certain public-use airports. Before these
prohibitions apply, both the airport and the landfill must meet the very specific
conditions described below. These restrictions do not apply to airports or landfills
located within the state of Alaska.
The airport must (1) have received a Federal grant(s) under 49 U.S.C. S 47101, et.
seq.; (2) be under control of a public agency; (3) serve some scheduled air carrier
operations conducted in aircraft with less than 60 seats; and (4) have total annual
enplanements consisting of at least 51 percent of scheduled air carrier
enplanements conducted in aircraft with less than 60 passenger seats.
The proposed MSWLF must (1) be within 6 miles of the airport, as measured from
airport property line to MSWLF property line, and (2) have started construction or
establishment on or after April 5, 2001. Public Law 106-181 only limits the
construction or establishment of some new MSWLF. lt does not limit the expansion,
either vertical or horizontal, of existing landfills.
NOTE: Consult the most recent version of AC 15015200-34, Construction or
Establishment of Landfills Near Public Airpofts, for a more detailed discussion of
these restrictions.
b.
c.
8t2812007 AC 150/5200-338
Siting for new MSWLF not subject to AIR 21. lf an airport and MSWLF do not
meet the restrictions of Public Law 106-181, the FAA recommends against locating
MSWLF within the separation distances identified in Sections 1-2 through 1-4. The
separation distances should be measured from the closest point of the airport's AOA
to the closest planned MSWLF cell.
Gonsiderations for existing waste disposal facilities within the limits of
separation criteria. The FAA recommends against airport development projects
that would increase the number of aircraft operations or accommodate larger or
faster aircraft near MSWLF operations located within the separations identified in
Sections 1-2 through 1-4. ln addition, in accordance with 40 CFR 258.10, owners or
operators of existing MSWLF units that are located within the separations listed in
Sections 1-2 througn 14 must demonstrate that the unit is designed and operated
so it does not pose a bird hazard to aircraft. (See Section 4-2(b) of this AC for a
discussion of this demonstration requirement.)
Enclosed trash transfer stations. Enclosed waste-handling facilities that receive
garbage behind closed doors; process it via compaction, incineration, or similar
manner; and remove all residue by enclosed vehicles generally are compatible with
safe airport operations, provided they are not located on airport property or within
the Runway Protection Zone (RPZ). These facilities should not handle or store
putrescible waste outside or in a partially enclosed structure accessible to hazardous
wildlife. Trash transfer facilities that are open on one or more sides; that store
uncovered quantities of municipal solid waste outside, even if only for a short time;
that use semitrailers that leak or have trash clinging to the outside; or that do not
control odors by ventilation and filtration systems (odor masking is not acceptable)
do not meet the FAA's definition of fully enclosed trash transfer stations. The FAA
considers these facilities incompatible with safe airport operations if they are located
closer than the separation distances specified in Sections 1-2 through 1-4.
Gomposting operations on or near airport property. Composting operations that
accept only yard waste (e.9., leaves, lawn clippings, or branches) generally do not
attract hazardous wildlife. Sewage sludge, woodchips, and similar material are not
municipal solid wastes and may be used as compost bulking agents. The compost,
however, must never include food or other municipal solid waste. Composting
operations should not be located on airport property. Off-airport property
composting operations should be located no closer than the greater of the following
distances: 1,200 feet from any AOA or the distance called for by airport design
requirements (see AC 150/5300-13, Airpoft Design). This spacing should prevent
material, personnel, or equipment from penetrating any Object Free Area (OFA),
Obstacle Free Zone (OFZ), Threshold Siting Surface (TSS), or Clearway. Airport
operators should monitor composting operations located in proximity to the airport to
ensure that steam or thermal rise does not adversely affect air traffic. On-airport
disposal of compost by-products should not be conducted for the reasons stated in
2-3Í.
d.
8t28t2007 AC 150/5200-338
f. Underwater waste discharges. The FAA recommends against the underwater
discharge of any food waste (e.9., fish processing offal) within the separations
identified in Sections 1-2 through 1-4 because it could attract scavenging hazardous
wildlife.
g. Recycling centers. Recycling centers that accept previously sorted non-food items,
such as glass, newspaper, cardboard, or aluminum, are, in most cases, not
attractive to hazardous wildlife and are acceptable.
h. Gonstruction and demolition (C&D) debris facilities. C&D landfills do not
generally attract hazardous wildlife and are acceptable if maintained in an orderly
manner, admit no putrescible waste, and are not co-located with other waste
disposal operations. However, C&D landfills have similar visual and operational
characteristics to putrescible waste disposal sites. When co-located with putrescible
waste disposal operations, C&D landfills are more likely to attract hazardous wildlife
because of the similarities between these disposal facilities. Therefore, a C&D
landfill co-located with another waste disposal operation should be located outside of
the separations identified in Sections 1-2 through 1-4.
i. Fly ash disposal. The incinerated residue from resource recovery power/heat-
generating facilities that are fired by municipal solid waste, coal, or wood is generally
not a wildlife attractant because it no longer contains putrescible matter. Landfills
accepting only fly ash are generally not considered to be wildlife attractants and are
acceptable as long as they are maintained in an orderly manner, admit no
putrescible waste of any kind, and are not co-located with other disposal operations
that attract hazardous wildlife.
Since varying degrees of waste consumption are associated with general
incineration (not resource recovery power/heat-generating facilities), the FAA
considers the ash from general incinerators a regular waste disposal by-product and,
therefore, a hazardous wildlife attractant if disposed of within the separation criteria
outlined in Sections 1-2 through 1-4.
2-3. WATER MANAGEMENT FACILITIES. Drinking water intake and treatment
facilities, storm water and wastewater treatment facilities, associated retention and
settling ponds, ponds built for recreational use, and ponds that result from mining
activities often attract large numbers of potentially hazardous wildlife. To prevent
wildlife hazards, land-use developers and airport operators may need to develop
management plans, in compliance with local and state regulations, to support the
operation of storm water management facilities on or near all public-use airports to
ensure a safe airport environment.
a. Existing storm water management facilities. On-airport storm water
management facilities allow the quick removal of surface water, including discharges
related to aircraft deicing, from impervious surfaces, such as pavement and
terminal/hangar building roofs. Existing on-airport detention ponds collect storm
water, protect water quality, and control runoff. Because they slowly release water
8t28t2007 AC 150/5200-338
after storms, they create standing bodies of water that can attract hazardous wildlife.
Where the airport has developed a Wildlife Hazard Management Plan (WHMP) in
accordance with Part 139, the FAA requires immediate correction of any wildlife
hazards arising from existing storm water facilities located on or near airports, using
appropriate wildlife hazard mitigation techniques. Airport operators should develop
measures to minimize hazardous wildlife attraction in consultation with a wildlife
damage management biologist.
Where possible, airport operators should modify storm water detention ponds to
allow a maximum 48-hour detention period for the design storm. The FAA
recommends that airport operators avoid or remove retention ponds and detention
ponds featuring dead storage to eliminate standing water. Detention basins should
remain totally dry between rainfalls. Where constant flow of water is anticipated
through the basin, or where any portion of the basin bottom may remain wet, the
detention facility should include a concrete or paved pad and/or ditch/swale in the
bottom to prevent vegetation that may provide nesting habitat.
When it is not possible to drain a large detention pond completely, airport operators
may use physical barriers, such as bird balls, wires grids, pillows, or netting, to deter
birds and other hazardous wildlife. When physical barriers are used, airport
operators must evaluate their use and ensure they will not adversely affect water
rescue. Before installing any physical barriers over detention ponds on Part 139
airports, airport operators must get approval from the appropriate FAA Regional
Airports Division Office.
The FAA recommends that airport operators encourage off-airport storm water
treatment facility operators to incorporate appropriate wildlife hazard mitigation
techniques into storm water treatment facility operating practices when their facility is
located within the separation criteria specified in Sections 1-2 through 1-4.
b. New storm water management facilities. The FAA strongly recommends that off-
airport storm water management systems located within the separations identified in
Sections 1-2 through 1-4 be designed and operated so as not to create above-
ground standing water. Stormwater detention ponds should be designed,
engineered, constructed, and maintained for a maximum 48-hour detention period
after the design storm and remain completely dry between storms. To facilitate the
control of hazardous wildlife, the FAA recommends the use of steep-sided, rip-rap
lined, narrow, linearly shaped water detention basins. When it is not possible to
place these ponds away from an airport's AOA, airport operators should use
physical barriers, such as bird balls, wires grids, pillows, or netting, to prevent
access of hazardous wildlife to open water and minimize aircraft-wildlife interactions.
When physical barriers are used, airport operators must evaluate their use and
ensure they will not adversely affect water rescue. Before installing any physical
barriers over detention ponds on Part 139 airports, airport operators must get
approval from the appropriate FAA Regional Airports Division Office. All vegetation
in or around detention basins that provide food or cover for hazardous wildlife should
be eliminated. lf soil conditions and other requirements allow, the FAA encourages
d.
8t28t2007 AC 150/5200-338
the use of underground storm water infiltration systems, such as French drains or
buried rock fields, because they are less attractive to wildlife.
Existing wastewater treatment facilities. The FAA strongly recommends that
airport operators immediately correct any wildlife hazards arising from existing
wastewater treatment facilities located on or near the airport. Where required, a
WHMP developed in accordance with Part 139 will outline appropriate wildlife
hazard mitigation techniques. Accordingly, airport operators should encourage
wastewater treatment facility operators to incorporate measures, developed in
consultation with a wildlife damage management biologist, to minimize hazardous
wildlife attractants. Airport operators should also encourage those wastewater
treatment facility operators to incorporate these mitigation techniques into their
standard operating practices. ln addition, airport operators should consider the
existence of wastewater treatment facilities when evaluating proposed sites for new
airport development projects and avoid such sites when practicable.
New wastewater treatment facilities. The FAA strongly recommends against the
construction of new wastewater treatment facilities or associated settling ponds
within the separations identified in Sections 1-2 through 1-4. Appendix 1 defines
wastewater treatment facility as "any devices and/or systems used to store, treat,
recycle, or reclaim municipal sewage or liquid industrial wastes." The definition
includes any pretreatment involving the reduction of the amount of pollutants or the
elimination of pollutants prior to introducing such pollutants into a publicly owned
treatment works (wastewater treatment facility). During the site-location analysis for
wastewater treatment facilities, developers should consider the potential to attract
hazardous wildlife if an airport is in the vicinity of the proposed site, and airport
operators should voice their opposition to such facilities if they are in proximity to the
airport.
Artificial marshes. ln warmer climates, wastewater treatment facilities sometimes
employ artificial marshes and use submergent and emergent aquatic vegetation as
natural filters. These artificial marshes may be used by some species of flocking
birds, such as blackbirds and waterfowl, for breeding or roosting activities. The FAA
strongly recommends against establishing artificial marshes within the separations
identifled in Sections 1-2 through 1-4.
Wastewater discharge and sludge disposal. The FAA recommends against the
discharge of wastewater or sludge on airport property because it may improve soil
moisture and quality on unpaved areas and lead to improved turf growth that can be
an attractive food source for many species of animals. Also, the turf requires more
frequent mowing, which in turn may mutilate or flush insects or small animals and
produce straw, both of which can attract hazardous wildlife. ln addition, the
improved turf may attract grazing wildlife, such as deer and geese. Problems may
also occur when discharges saturate unpaved airport areas. The resultant soft,
muddy conditions can severely restrict or prevent emergency vehicles from reaching
accident sites in a timely manner.
e.
8t28t2007 AC 150/5200-338
2-4. WETLANDS. Wetlands provide a variety of functions and can be regulated by
local, state, and Federal laws. Normally, wetlands are attractive to many types of
wildlife, including many which rank high on the list of hazardous wildlife species (Table
1).
NOTE: lf questions exist as to whether an area qualifies as a wetland, contact the local
division of the U.S. Army Corps of Engineers, the Natural Resources Conservation
Service, or a wetland consultant qualified to delineate wetlands.
a. Existing wetlands on or near airport property. lf wetlands are located on or near
airport property, airport operators should be alert to any wildlife use or habitat
changes in these areas that could affect safe aircraft operations. At public-use
airports, the FAA recommends immediately correcting, in cooperation with local,
state, and Federal regulatory agencies, any wildlife hazards arising from existing
wetlands located on or near airports. Where required, a WHMP will outline
appropriate wildlife hazard mitigation techniques. Accordingly, airport operators
should develop measures to minimize hazardous wildlife attraction in consultation
with a wildlife damage management biologist.
b. New airport development. Whenever possible, the FAA recommends locating new
airports using the separations from wetlands identified in Sections 1-2 through 1-4.
Where alternative sites are not practicable, or when airport operators are expanding
an existing airport into or near wetlands, a wildlife damage management biologist, in
consultation with the U.S. Fish and Wildlife Service, the U.S. Army Corps of
Engineers, and the state wildlife management agency should evaluate the wildlife
hazards and prepare a WHMP that indicates methods of minimizing the hazards.
c. Mitigation for wetland impacts from airport projects. Wetland mitigation may be
necessary when unavoidable wetland disturbances result from new airport
development projects or projects required to correct wildlife hazards from wetlands.
Wetland mitigation must be designed so it does not create a wildlife hazard. The
FAA recommends that wetland mitigation projects that may attract hazardous wildlife
be sited outside of the separations identified in Sections 1-2 through 1-4.
(f ) Onsite mitigation of wetland functions. The FAA may consider exceptions
to locating mitigation activities outside the separations identified in Sections 1-2
through 1-4 tt the affected wetlands provide unique ecological functions, such as
critical habitat for threatened or endangered species or ground water recharge,
which cannot be replicated when moved to a different location. Using existing
airport property is sometimes the only feasible way to achieve the mitigation ratios
mandated in regulatory orders and/or settlement agreements with the resource
agencies. Conservation easements are an additional means of providing mitigation
for project impacts. Typically the airport operator continues to own the property, and
an easement is created stipulating that the property will be maintained as habitat for
state or Federally listed species.
8t28t2007 AC 150/5200-338
Mitigation must not inhibit the airport operator's ability to effectively control
hazardous wildlife on or near the mitigation site or effectively maintain other aspects
of safe airport operations. Enhancing such mitigation areas to attract hazardous
wildlife must be avoided. The FAA will review any onsite mitigation proposals to
determine compatibility with safe airport operations. A wildlife damage management
biologist should evaluate any wetland mitigation projects that are needed to protect
unique wetland functions and that must be located in the separation criteria in
Sections 1-2 through 1-4 before the mitigation is implemented. A WHMP should be
developed to reduce the wildlife hazards.
(21 Offsite mitigation of wetland functions. The FAA recommends that wetland
mitigation projects that may attract hazardous wildlife be sited outside of the
separations identified in Sections 1-2 through 1-4 unless they provide unique
functions that must remain onsite (see 2-4c(1)). Agencies that regulate impacts to or
around wetlands recognize that it may be necessary to split wetland functions in
mitigation schemes. Therefore, regulatory agencies may, under certain
circumstances, allow portions of mitigation to take place in different locations.
(3) Mitigation banking. Wetland mitigation banking is the creation or restoration
of wetlands in order to provide mitigation credits that can be used to offset permitted
wetland losses. Mitigation banking benefits wetland resources by providing advance
replacement for permitted wetland losses; consolidating small projects into larger,
better-designed and managed units; and encouraging integration of wetland
mitigation projects with watershed planning. This last benefit is most helpful for
airport projects, as wetland impacts mitigated outside of the separations identified in
Sections 1-2 through 1-4 can still be located within the same watershed. Wetland
mitigation banks meeting the separation criteria offer an ecologically sound
approach to mitigation in these situations. Airport operators should work with local
watershed management agencies or organizations to develop mitigation banking for
wetland impacts on airport property.
2-5. DREDGE SPOIL CONTAINMENT AREAS. The FAA recommends against
locating dredge spoil containment areas (also known as Confined Disposal Facilities)
within the separations identified in Sections 1-2 througn 14 if the containment area or
the spoils contain material that would attract hazardous wildlife.
2-6. AGRICULTURAL ACTIVITIES. Because most, if not all, agricultural crops can
attract hazardous wildlife during some phase of production, the FAA recommends
against the used of airport property for agricultural production, including hay crops,
within the separations identified in Sections 1-2 through 1-4. lf the airport has no
financial alternative to agricultural crops to produce income necessary to maintain the
viability of the airport, then the airport shall follow the crop distance guidelines listed in
the table titled "Minimum Distances between Certain Airport Features and Any On-
Airport Agricultural Crops" found in AC 150/5300-13, Airport Design, Appendix 17. The
cost of wildlife control and potential accidents should be weighed against the income
produced by the on-airport crops when deciding whether to allow crops on the airport.
8t28t2007 AC 150/5200-338
a. Livestock production. Confined livestock operations (i.e., feedlots, dairy
operations, hog or chicken production facilities, or egg laying operations) often
attract flocking birds, such as starlings, that pose a hazard to aviation. Therefore,
The FAA recommends against such facilities within the separations identified in
Sections 1-2 through 1-4. Any livestock operation within these separations should
have a program developed to reduce the attractiveness of the site to species that
are hazardous to aviation safety. Free-ranging livestock must not be grazed on
airport property because the animals may wander onto the AOA. Furthermore,
livestock feed, water, and manure may attract birds.
b. Aquaculture. Aquaculture activities (i.e. catfish or trout production) conducted
outside of fully enclosed buildings are inherently attractive to a wide variety of birds.
Existing aquaculture facilities/activities within the separations listed in Sections 1-2
through 1-4 must have a program developed to reduce the attractiveness of the sites
to species that are hazardous to aviation safety. Airport operators should also
oppose the establishment of new aquaculture facilities/activities within the
separations listed in Sections 1-2 through 1-4.
c. Alternative uses of agricultural land. Some airports are surrounded by vast areas
of farmed land within the distances specified in Sections 1-2 through 1-4. Seasonal
uses of agricultural land for activities such as hunting can create a hazardous wildlife
situation. ln some areas, farmers will rent their land for hunting purposes. Rice
farmers, for example, flood their land during waterfowl hunting season and obtain
additional revenue by renting out duck blinds. The duck hunters then use decoys
and call in hundreds, if not thousands, of birds, creating a tremendous threat to
aircraft safety. A wildlife damage management biologist should review, in
coordination with local farmers and producers, these types of seasonal land uses
and incorporate them into the WHMP.
2.7. GOLF COURSES, LANDSCAPING AND OTHER LAND-USE
CONSIDERATIONS.
a. Golf courses. The large grassy areas and open water found on most golf courses
are attractive to hazardous wildlife, particularly Canada geese and some species of
gulls. These species can pose a threat to aviation safety. The FAA recommends
against construction of new golf courses within the separations identified in Sections
1-2 througn 1-4. Existing golf courses located within these separations must
develop a program to reduce the attractiveness of the sites to species that are
hazardous to aviation safety. Airport operators should ensure these golf courses are
monitored on a continuing basis for the presence of hazardous wildlife. lf hazardous
wildlife is detected, corrective actions should be immediately implemented.
b. Landscaping and landscape maintenance. Depending on its geographic location,
landscaping can attract hazardous wildlife. The FAA recommends that airport
operators approach landscaping with caution and confine it to airport areas not
associated with aircraft movements. A wildlife damage management biologist
should review all landscaping plans. Airport operators should also monitor all
landscaped areas on a continuing basis for the presence of hazardous wildlife. lf
10
8t28t2007 AC 150/5200-338
hazardous wildlife is detected, corrective actions should be immediately
implemented.
Turf grass areas can be highly attractive to a variety of hazardous wildlife species.
Research conducted by the USDA Wldlife Services' National Wildlife Research
Center has shown that no one grass management regime will deter all species of
hazardous wildlife in all situations. ln cooperation with wildlife damage management
biologist, airport operators should develop airport turf grass management plans on a
prescription basis, depending on the airport's geographic locations and the type of
hazardous wildlife likely to frequent the airport
Airport operators should ensure that plant varieties attractive to hazardous wildlife
are not used on the airport. Disturbed areas or areas in need of re-vegetating
should not be planted with seed mixtures containing millet or any other large-seed
producing grass. For airport property already planted with seed mixtures containing
millet, rye grass, or other large-seed producing grasses, the FAA recommends
disking, plowing, or another suitable agricultural practice to prevent plant maturation
and seed head production. Plantings should follow the specific recommendations
for grass management and seed and plant selection made by the State University
Cooperative Extension Service, the local office of Wildlife Services, or a qualified
wildlife damage management biologist. Airport operators should also consider
developing and implementing a preferred/prohibited plant species list, reviewed by a
wildlife damage management biologist, which has been designed for the geographic
location to reduce the attractiveness to hazardous wildlife for landscaping airport
property.
c. Airports surrounded by wildlife habitat. The FAA recommends that operators of
airports surrounded by woodlands, water, or wetlands refer to Section 2.4 of this AC.
Operators of such airports should provide for a Wildlife Hazard Assessment (WHA)
conducted by a wildlife damage management biologist. This WHA is the first step in
preparing a WHMP, where required.
d. Other hazardous wildlife attractants. Other specific land uses or activities (e.9.,
sport or commercial fishing, shellflsh harvesting, etc.), perhaps unique to certain
regions of the country, have the potential to attract hazardous wildlife. Regardless of
the source of the attraction, when hazardous wildlife is noted on a public-use airport,
airport operators must take prompt remedial action(s) to protect aviation safety.
2-8. SYNERGIST¡C EFFECTS OF SURROUNDING LAND USES. There may be
circumstances where two (or more) different land uses that would not, by themselves,
be considered hazardous wildlife attractants or that are located outside of the
separations identified in Sections 1-2 through 1-4 that are in such an alignment with the
airport as to create a wildlife corridor directly through the airport and/or surrounding
airspace. An example of this situation may involve a lake located outside of the
separation criteria on the east side of an airport and a large hayfield on the west side of
an airport, land uses that together could create a flyway for Canada geese directly
across the airspace of the airport. There are numerous examples of such situations;
11
therefore, airport operators and the wildlife damage management biologist must
consider the entire surrounding landscape and community when developing the WHMP.
12
8t28t2007 AC 150/5200-338
SECTION 3.
PROCEDURES FOR WILDLIFE HAZARD MANAGEMENT BY OPERATORS OF
PUBLIC.USE AIRPORTS.
3.1. INTRODUCTION. ln recognition of the increased risk of serious aircraft damage
or the loss of human life that can result from a wildlife strike, the FAA may require the
development of a Wildlife Hazard Management Plan (WHMP) when specific triggering
events occur on or near the airport. Part 139.337 discusses the specific events that
trigger a Wildlife Hazard Assessment (WHA) and the specific issues that a WHMP must
address for FAA approval and inclusion in an Airport Certification Manual.
3.2. COORDINATION WITH USDA WILDLIFE SERVICES OR OTHER QUALIFIED
WILDLIFE DAMAGE MANAGEMENT BIOLOGISTS. The FAA will use the \Nildlife
Hazard Assessment (WHA) conducted in accordance with Part 139 to determine if the
airport needs a WHMP. Therefore, persons having the education, training, and expertise
necessary to assess wildlife hazards must conduct the WHA. The airport operator may
look to Wldlife Services or to qualified private consultants to conduct the WHA. Vúhen the
services of a wildlife damage management biologist are required, the FAA recommends
that land-use developers or airport operators contact a consultant specializing in wildlife
damage management or the appropriate state director of \Nildlife Services.
NOTE: Telephone numbers for the respective USDA Wildlife Services state offices can
be obtained by contacting USDA Wildlife Services Operational Support Staff, 4700
River Road, Unit 87, Riverdale, MD, 20737-1234, Telephone (301) 734-7921, Fax (301)
7 34-51 57 ( http ://www. aph i s. u sd a.q ov/wsn.
3.3. WILDLIFE HAZARD MANAGEMENT AT AIRPORTS: A MANUAL FOR
AIRPORT PERSONNEL. This manual, prepared by FAA and USDA Wldlife Services
staff, contains a compilation of information to assist airport personnel in the
development, implementation, and evaluation of WHMPs at airports. The manual
includes specific information on the nature of wildlife strikes, legal authority, regulations,
wildlife management techniques, WHAs, WHMPS, and sources of help and information.
The manual is available in three languages: English, Spanish, and French. lt can be
viewed and downloaded free of charge from the FAA's wildlife hazard mitigation web
site: http://wildlife-mitiqation.tc.FAA.qov/. This manual only provides a starting point for
addressing wildlife hazard issues at airports. Hazardous wildlife management is a
complex discipline and conditions vary widely across the United States. Therefore,
qualified wildlife damage management biologists must direct the development of a
WHMP and the implementation of management actions by airport personnel.
There are many other resources complementary to this manual for use in developing
and implementing WHMPS. Several are listed in the manual's bibliography.
3.4. WILDLIFE HAZARD ASSESSMENTS, TITLE 14, CODE OF FEDERAL
REGULATIONS, PART 139. Part 139.337(b) requires airport operators to conduct a
Wildlife Hazard Assessment (WHA) when certain events occur on or near the airport.
13
8t28t2007 AC 150/5200-338
Part 139.337 (c) provides specific guidance as to what facts must be addressed in a
WHA.
3-5. WILDLIFE HAZARD MANAGEMENT PLAN (WHMP). The FAA will consider
the results of the WHA, along with the aeronautical activity at the airport and the views
of the airport operator and airport users, in determining whether a formal WHMP is
needed, in accordance with Part 139.337. lf the FAA determines that a WHMP is
needed, the airport operator must formulate and implement a WHMP, using the WHA as
the basis for the plan.
The goal of an airport's Wildlife Hazard Management Plan is to minimize the risk to
aviation safety, airport structures or equipment, or human health posed by populations
of hazardous wildlife on and around the airport.
The WHMP must identify hazardous wildlife attractants on or near the airport and the
appropriate wildlife damage management techniques to minimize the wildlife hazard. lt
must also prioritize the management measures.
3-6. LOCAL COORDINATION. The establishment of a Wildlife Hazards Working
Group (WHWG) will facilitate the communication, cooperation, and coordination of the
airport and its surrounding community necessary to ensure the effectiveness of the
WHMP. The cooperation of the airport community is also necessary when new projects
are considered. Whether on or off the airport, the input from all involved parties must be
considered when a potentially hazardous wildlife attractant is being proposed. Airport
operators should also incorporate public education activities with the local coordination
efforts because some activities in the vicinity of your airport, while harmless under
normal leisure conditions, can attract wildlife and present a danger to aircraft. For
example, if public trails are planned near wetlands or in parks adjoining airport property,
the public should know that feeding birds and other wildlife in the area may pose a risk
to aircraft.
Airport operators should work with local and regional planning and zoning boards so as
to be aware of proposed land-use changes, or modification of existing land uses, that
could create hazardous wildlife attractants within the separations identified in Sections
1-2 through 1-4. Pay particular attention to proposed land uses involving creation or
expansion of waste water treatment facilities, development of wetland mitigation sites,
or development or expansion of dredge spoil containment areas. At the very least,
airport operators must ensure they are on the notification list of the local planning board
or equivalent review entity for all communities located within 5 miles of the airport, so
they will receive notification of any proposed project and have the opportunity to review
it for attractiveness to hazardous wildlife.
3-7 COORDINATION/NOTIFICATION OF AIRMEN OF WILDLIFE HAZARDS. lf an
existing land-use practice creates a wildlife hazard and the land-use practice or wildlife
hazard cannot be immediately eliminated, airport operators must issue a Notice to
Airmen (NOTAM) and encourage the land-owner or manager to take steps to control
the wildlife hazard and minimize further attraction.
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8t28t2007 AC 150/5200-338
SECTION 4.
FAA NOTIFICATION AND REVIEW OF PROPOSED LAND.USE PRACTICE
CHANGES IN THE VICINITY OF PUBLIC-USE AIRPORTS
4.1. FAA REVIEW OF PROPOSED LAND.USE PRACTICE CHANGES IN THE
VICINITY OF PUBLIC.USE AIRPORTS.
a. The FAA discourages the development of waste disposal and other facilities,
discussed in Section 2, located within the 5,000/10,000-foot criteria specified in
Sections 1-2 through 1-4.
b. For projects that are located outside the 5,000/10,000-foot criteria but within 5
statute miles of the airport's AOA, the FAA may review development plans,
proposed land-use changes, operational changes, or wetland mitigation plans to
determine if such changes present potential wildlife hazards to aircraft operations.
The FAA considers sensitive airport areas as those that lie under or next to
approach or departure airspace. This brief examination should indicate if further
investigation is warranted.
c. Where a wildlife damage management biologist has conducted a further study to
evaluate a site's compatibility with airport operations, the FAA may use the study
results to make a determination.
4-2. WASTE MANAGEMENT FACILITIES.
a. Notification of nedexpanded project proposal. Section 503 of the Wendell H.
Ford Aviation lnvestment and Reform Act for the 21st Century (Public Law 106-181)
limits the construction or establishment of new MSWLF within 6 statute miles of
certain public-use airports, when both the airport and the landfill meet very specific
conditions. See Section 2-2 of this AC and AC 15015200-34 for a more detailed
discussion of these restrictions.
The Environmental Protection Agency (EPA) requires any MSWLF operator
proposing a new or expanded waste disposal operation within 5 statute miles of a
runway end to notify the appropriate FAA Regional Airports Division Office and the
airport operator of the proposal (40 CFR 258, Criteria for Municipal Solid Waste
Landfills, Section 258.10, Airport Safety). The EPA also requires owners or
operators of new MSWLF units, or lateral expansions of existing MSWLF units, that
are located within 10,000 feet of any airport runway end used by turbojet aircraft, or
within 5,000 feet of any airport runway end used only by pistontype aircraft, to
demonstrate successfully that such units are not hazards to aircraft. (See 4-2.b
below.)
When new or expanded MSWLF are being proposed near airports, MSWLF
operators must notify the airport operator and the FAA of the proposal as early as
possible pursuant to 40 CFR 258.
15
b.
8128t2007 AC 150/5200-338
Waste handling facilities within separations identified in Sections 1-2 through
1-4. To claim successfully that a waste-handling facility sited within the separations
identified in Sections 1-2 througn 14 does not attract hazardous wildlife and does
not threaten aviation, the developer must establish convincingly that the facility will
not handle putrescible material other than that as outlined in 2-2.d The FAA
strongly recommends against any facility other than that as outlined in 2-2.d
(enclosed transfer stations). The FAA will use this information to determine if the
facility will be ahazard to aviation.
Putrescible-Waste Facilities. ln their effort to satisfy the EPA requirement, some
putrescible-waste facility proponents may offer to undertake experimental measures
to demonstrate that their proposed facility will not be a hazard to aircraft. To date, no
such facility has been able to demonstrate an ability to reduce and sustain
hazardous wildlife to levels that existed before the putrescible-waste landfill began
operating. For this reason, demonstrations of experimental wildlife control measures
may not be conducted within the separation identified in Sections 1-2 through 1-4.
4'3. OTHER LAND-USE PRACTICE CHANGES. As a matter of policy, the FAA
encourages operators of public-use airports who become aware of proposed land use
practice changes that may attract hazardous wildlife within 5 statute miles of their
airports to promptly notify the FAA. The FAA also encourages proponents of such land
use changes to notify the FAA as early in the planning process as possible. Advanced
notice affords the FAA an opportunity (1) to evaluate the effect of a particular land-use
change on aviation safety and (2) to support efforts by the airport sponsor to restrict the
use of land next to or near the airport to uses that are compatible with the airport.
The airport operator, project proponent, or land-use operator may use FAA Form 7460-
1, Notice of Proposed Construction or Alteration, or other suitable documents similar to
FAA Form 7460-1 to notify the appropriate FAA Regional Airports Division Office.
Project proponents can contact the appropriate FAA Regional Airports Division Office
for assistance with the notification process.
It is helpful if the notification includes a 15-minute quadrangle map of the area
identifying the location of the proposed activity. The land-use operator or project
proponent should also forward specific details of the proposed land-use change or
operational change or expansion. ln the case of solid waste landfills, the information
should include the type of waste to be handled, how the waste will be processed, and
final disposal methods.
a. Airports that have received Federal grant-in-aid assistance. Airports that have
received Federal grant-in-aid assistance are required by their grant assurances to
take appropriate actions to restrict the use of land next to or near the airport to uses
that are compatible with normal airport operations. The FAA recommends that
airport operators to the extent practicable oppose off-airport land-use changes or
practices within the separations identified in Sections 1-2 through 1-4 that
attract hazardous wildlife. Failure to do so may lead to noncompliance
may
with
applicable grant assurances. The FAA will not approve the placement of airport
16
AC 150/5200-338
development projects pertaining to aircraft movement in the vicinity of hazardous
wildlife attractants without appropriate mitigating measures. lncreasing the intensity
of wildlife control efforts is not a substitute for eliminating or reducing a proposed
wildlife hazard. Airport operators should identify hazardous wildlife attractants and
any associated wildlife hazards during any planning process for new airport
development projects.
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8t28t2007 AC 150i5200-338
APPENDIX I. DEFINITIONS OF TERMS USED IN THIS ADVISORY CIRCULAR.
1. GENERAL. This appendix provides definitions of terms used throughout this AC.
Air operations area. Any area of an airport used or intended to be used for
landing, takeoff, or surface maneuvering of aircraft. An air operations area
includes such paved areas or unpaved areas that are used or intended to be
used for the unobstructed movement of aircraft in addition to its associated
runway, taxiways, or apron.
Airport operator. The operator (private or public) or sponsor of a public-use
airport.
Approach or departure airspace. The airspace, within 5 statute miles of an
airport, through which aircraft move during landing or takeoff.
Bird balls. High-density plastic floating balls that can be used to cover ponds
and prevent birds from using the sites.
Certificate holder. The holder of an Airport Operating Certificate issued under
Title 14, Code of Federal Regulations, Part 139.
Gonstruct a new MSWLF. To begin to excavate, grade land, or raise
structures to prepare a municipal solid waste landflll as permitted by the
appropriate regulatory or permitting agency.
Detention ponds. Storm water management ponds that hold storm water for
short periods of time, a few hours to a few days.
Establish a new MSWLF. When the first load of putrescible waste is received
on-site for placement in a prepared municipal solid waste landfill.
Fly ash. The fine, sand-like residue resulting from the complete incineration of
an organic fuel source. Fly ash typically results from the combustion of coal or
waste used to operate a power generating plant.
General aviation aircraft. Any civil aviation aircraft not operating under 14
CFR Part 119, Certification: Air Carriers and Commercial Operators.
Hazardous wildlife. Species of wildlife (birds, mammals, reptiles), including
feral animals and domesticated animals not under control, that are associated
with aircraft strike problems, are capable of causing structural damage to
airport facilities, or act as attractants to other wildlife that pose a strike hazard
Municipal Solid Waste Landfill (MSWLF). A publicly or privately owned
discrete area of land or an excavation that receives household waste and that
is not a land application unit, surface impoundment, injection well, or waste pile,
as those terms are deflned under 40 CFR S 257.2. An MSWLF may receive
1.
2.
3.
6.
7.
8.
9.
4.
5.
10.
11.
12.
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8t2812007 AC 150/5200-338
other types wastes, such as commercial solid waste, non-hazardous sludge,
small-quantity generator waste, and industrial solid waste, as defined under 40
CFR S 258.2. An MSWLF can consist of either a stand alone unit or several
cells that receive household waste.
New MSWLF. A municipal solid waste landfill that was established or
constructed after April 5, 2001.
Piston-powered aircraft. Fixed-wing aircraft powered by piston engines.
Piston-use airport. Any airport that does not sell Jet-A fuel for fixed-wing
turbine-powered aircraft, and primarily serves fixed-wing, piston-powered
aircraft. lncidental use of the airport by turbine-powered, fixed-wing aircraft
would not affect this designation. However, such aircraft should not be based
at the airport.
Public agency. A State or political subdivision of a State, a tax-supported
organization, or an lndian tribe or pueblo (49 U.S.C. S 47102(19)).
Public airport. An airport used or intended to be used for public purposes that
is under the control of a public agency; and of which the area used or intended
to be used for landing, taking off, or surface maneuvering of aircraft is publicly
owned (49 U.S.C. S 47102(20)).
Public-use airport. An airport used or intended to be used for public purposes,
and of which the area used or intended to be used for landing, taking off, or
surface maneuvering of aircraft may be under the control of a public agency or
privately owned and used for public purposes (49 U.S.C. S 47102(21)).
Putrescible waste. Solid waste that contains organic matter capable of being
decomposed by micro-organisms and of such a character and proportion as to
be capable of attracting or providing food for birds (40 CFR 5257.3-8).
Putrescible-waste disposal operation. Landfìlls, garbage dumps, underwater
waste discharges, or similar facilities where activities include processing,
burying, storing, or othenryise disposing of putrescible material, trash, and
refuse.
Retention ponds. Storm water management ponds that hold water for several
months.
Runway protection zone (RPZ). An area off the runway end to enhance the
protection of people and property on the ground (see AC 150/5300-13). The
dimensions of this zone vary with the airport design, aircraft, type of operation,
and visibility minimum.
Scheduled air carrier operation. Any common carriage passenger-carrying
operation for compensation or hire conducted by an air carrier or commercial
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
8t28t2007
25.
26.
24.
AC 150/5200-338
operator for which the air carrier, commercial operator, or their representative
offers in advance the departure location, departure time, and arrival location. lt
does not include any operation that is conducted as a supplemental operation
under 14 CFR Part 119 or as a public charter operation under 14 CFR Part 380
(14 CFR S 11e.3).
Sewage sludge. Any solid, semi-solid, or liquid residue generated during the
treatment of domestic sewage in a treatment works. Sewage sludge includes,
but is not limited to, domestic septage; scum or solids removed in primary,
secondary, or advanced wastewater treatment process; and a material derived
from sewage sludge. Sewage does not include ash generated during the firing
of sewage sludge in a sewage sludge incinerator or grit and screenings
generated during preliminary treatment of domestic sewage in a treatment
works. (40 CFR 257.2)
Sludge. Any solid, semi-solid, or liquid waste generated form a municipal,
commercial or industrial wastewater treatment plant, water supply treatment
plant, or air pollution control facility or any other such waste having similar
characteristics and effect. (40 CFR 257.2)
Solid waste. Any garbage, refuse, sludge, from a waste treatment plant, water
supply treatment plant or air pollution control facili$ and other discarded
material, including, solid liquid, semisolid, or contained gaseous material
resulting from industrial, commercial, mining, and agricultural operations, and
from community activities, but does not include solid or dissolved materials in
domestic sewage, or solid or dissolved material in irrigation return flows or
industrial discharges which are point sources subject to permits under section
402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or
source, special nuclear, or by product material as defined by the Atomic Energy
Act of 1954, as amended, (68 Stat. 923). (40 CFR 257.2)
Turbine-powered aircraft. Aircraft powered by turbine engines including
turbojets and turboprops but excluding turbo-shaft rotary-wing aircraft.
Turbine-use airport. Any airport that sells Jet-A fuel for fixed-wing turbine-
powered aircraft.
Wastewater treatment facility. Any devices and/or systems used to store,
treat, recycle, or reclaim municipal sewage or liquid industrial wastes, including
Publicly Owned Treatment Works (POTW), as defined by Section 212 of the
Federal Water Pollution Control Act (P.L. 92-500) as amended by the Clean
Water Act of 1977 (P.L.95-576) and the Water Quality Act of 1987 (P.1. 100-4).
This definition includes any pretreatment involving the reduction of the amount
of pollutants, the elimination of pollutants, or the alteration of the nature of
pollutant properties in wastewater prior to or in lieu of discharging or othenuise
introducing such pollutants into a POTW. (See 40 CFR Section 403.3 (q), (r), &
(s)).
27.
28.
29.
21
8t28t2007 AC 150/5200-338
30. Wildlife. Any wild animal, including without limitation any wild mammal, bird,
reptile, fish, amphibian, mollusk, crustacean, arthropod, coelenterate, or other
invertebrate, including any part, product, egg, or offspring thereof
(50 CFR 10.12, Taking, Possession, Transportation, Sale, Purchase, Barter,
Expor-tation, and lmportation of Wildlife and Plants). As used in this AC, wildlife
includes feral animals and domestic animals out of the control of their owners
(14 CFR Part 139, Certification of Airports).
31. Wildlife attractants. Any human-made structure, land-use practice, or human-
made or natural geographic feature that can attract or sustain hazardous
wildlife within the landing or departure airspace or the airport's AOA. These
attractants can include architectural features, landscaping, waste disposal sites,
wastewater treatment facilities, agricultural or aquaculture activities, surface
mining, or wetlands.
32. Wildlife hazard. A potential for a damaging aircraft collision with wildlife on or
near an airport.
33. Wildlife strike. A wildlife strike is deemed to have occurred when:
a. A pilot reports striking 1 or more birds or other wildlife;
b. Aircraft maintenance personnel identify aircraft damage as having been
caused by a wildlife strike;
c. Personnel on the ground report seeing an aircraft strike 1 or more birds or
other wildlife;
d. Bird or other wildlife remains, whether in whole or in part, are found within
200 feet of a runway centerline, unless another reason for the animal's
death is identified;
e. The animal's presence on the airport had a significant negative effect on a
flight (i.e., aborted takeoff, aborted landing, high-speed emergency stop,
aircraft left pavement area to avoid collision with animal) (Transport
Canada, Airports Group, Wildl¡fe Control Procedures Manual, Technical
Publication 1 1500E, 1994).
2. RESERVED.
it'i "'t
22