BACKGROUND

Airports are host to multiple federal agencies (e.g., Department of Homeland Security (DHS)/Transportation Security Administration (TSA), U.S. Customs and Border Protection, United States Department of Agriculture (USDA), Department of Defense (DOD), and Federal Aviation Administration (FAA)) that play key roles in the operations, safety, and security of the facility. In many instances, these federal agencies are represented by the General Services Administration (GSA). The legal authority defining airports’ rights and obligations to these agencies is varied and at times unclear. In addition, airport sponsors are finding it necessary to improve processes and minimize costs through cooperative arrangements and other agreements with federal authorities conducting operations at airports. It is important to understand what is mandatory, discretionary, or prohibited for airports to provide to these agencies as it relates to facilities, equipment, and services. Understanding of airports’ rights and obligations will assist with long-term planning and help establish a cooperative relationship between airports and these agencies.

OBJECTIVE

The objective is to provide a single source of information concerning airports’ rights and obligations to accommodate federal agencies and to enter into cooperative agreements and other agreements. The research should include a review of federal laws, grant assurances, relevant federal agency orders, policies, and guidance, and any case law on the rights and obligations of host airports to provide facilities and services to federal agencies, and consider the following: What are the statutory authorities that may require or demand accommodations or services from airports? What are airports required to provide to federal agencies and what are the associated costs? What are federal agencies obligated to provide to airports? What accommodations may an airport provide? What are airports prohibited from providing? How must airports ensure that these accommodations and agreements are consistent with state and local requirements and grant assurances, including procurement and property?

STATUS: This will be published as ACRP Legal Research Digest 47 in January 2025