BACKGROUND
The Federal Aviation Administration (FAA) issued the final Policy Regarding Processing Land Use Changes on Federally Acquired or Federally Conveyed Airport Land on December 8, 2023 (the Policy) which outlines how the FAA will process an airport sponsor's request to use certain property. The Policy creates new categories of land uses, and the FAA reviews expectations that will accompany the type of land use. Section 743 of the FAA Reauthorization Act of 2024 also includes language intended to provide clarity on Section 163 of the FAA Reauthorization Act of 2018 directing the agency on how to determine its jurisdiction over land use reviews. ACRP Legal Research Digest 40: Permissible Uses of Airport Property and Revenue addresses these issues relative to Section 163, but further legal research is needed to inform airport professionals, stakeholders, and developers of the potential issues associated with the process for land development on airport property.
OBJECTIVE
The objective of this research is to provide a current update and strategic considerations for a comprehensive resource on FAA land use policies. The research should identify legal authorities and administrative guidance, including detailed analyses of the Policy, Section 743 of the FAA Reauthorization Act of 2024, and other legal issues facing airport sponsors.
RESEARCH IMPLEMENTATION
This research will be conducted in two phases and four tasks in a firm fixed-price agreement. At the conclusion of Phase I, ACRP will make a determination whether to proceed with Phase II. The tasks will be as follows.
Phase I
Task 1a. Kickoff call. Participate in a call with the panel to discuss the scope of work.
Task 1b. Conduct background research and collect relevant material. Based on the initial complete review of the source materials, submit a detailed report outline. The outline should contain sufficient detail to describe what a report of appropriate length will contain. This outline should also contain the estimated pagination for each proposed section and/or subsection. This material will be submitted for ACRP consideration and approval. Participate in a conference call with the ACRP panel 3 weeks after submitting the outline.
Phase II
Task 2. After ACRP approval of the detailed outline, conduct additional research and case and statutory/regulatory analysis. Collect additional primary data to the extent necessary.
Task 3. Submit an initial draft report in accordance with the approved outline (including any modifications required by ACRP). Participate in a conference call with the ACRP panel 3 weeks after submitting the initial draft report.
Task 4a. Revise the initial draft report as necessary and provide a marked-up and clean version of the draft final report.
Task 4b. ACRP will provide written comments, each of which will need a point-by-point response. The report will be revised as appropriate and submitted as a final report.
FUNDING: $80,000
25% paid upon submission and approval of the Task 1 outline
50% paid upon submission and approval of the Task 3 report
25% paid upon submission and approval of the Task 4 final report
STATUS: Proposals have been received in response to the RFP. The project panel will meet to select a contractor to perform the work
