																Served: July 27, 2004

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.  





ESTABLISHMENT OF ALTERNATE ESSENTIAL AIR SERVICE PILOT

PROGRAM PURSUANT TO VISION 100 -- 49 U.S.C. § 41745 

Docket OST-2004-18715

NOTICE  

OVERVIEW

On December 12, 2003, President Bush signed into law the
Vision 100--Century of Aviation Reauthorization Act, P.L. 108-176
(Vision 100), which, among other things, directs the Department to
establish certain Community and Regional Choice Programs.  One of those
is the Alternate Essential Air Service Pilot Program (Pilot Program). 
(See section 405, which adds 49 U.S.C. 41745.)  This notice provides
information to communities interested in pursuing this alternative to
the Essential Air Service (EAS) program.

FUNDING OPPORTUNITY

Congress established this Pilot Program to provide communities with an
alternative to the traditional EAS-type service.  Typically, the EAS
program pays subsidy to regional air carriers to provide two or three
round trips a day to a major hub airport with 19-seat aircraft.  The new
Pilot Program is designed to allow communities to forego their EAS for a
prescribed amount of time in exchange for receiving a grant to spend in
a variety of ways that might better suit their individual needs.  These
options are spelled out in statute and include more frequent service
with smaller aircraft, on-demand air taxi service, scheduled or
on-demand surface transportation, regionalized air service, or
purchasing an aircraft.  

AWARD INFORMATION

We are implementing the Pilot Program by inviting communities to submit
applications to use EAS funds in an alternative manner to address their
transportation needs.  We will use an open and flexible format for
applications because we recognize that each community's circumstances
may be different, and they need latitude in identifying their own
objectives and developing strategies for accomplishing them.  At the
same time, general, vague, or unsupported applications will not be
entertained.  The more highly defined the application, the more likely
it will receive favorable consideration.

ELIGIBILITY INFORMATION

The communities that are eligible to apply for participation in the
program are those that are being served by an air carrier that is
receiving subsidy under the EAS program at the time of application.

COST SHARING/LOCAL CONTRIBUTION

There is no cost sharing or local contribution required.

APPLICATION AND SUBMISSION INFORMATION

At a minimum, applications should specifically include the following:

A description of the community’s existing air service, including the
carrier(s) providing service, service frequency, direct and connecting
destinations offered, available fares, and equipment types.

A synopsis of the community’s service history, including destinations,
traffic levels, service providers, and any extenuating factors that
might have affected traffic in the past or that can be expected to
influence service needs in the near to intermediate term.

A strategic plan for meeting the community’s needs through the Pilot
Program, including the community's specific project goal and a realistic
timetable for attaining that goal.

An analysis of the funding necessary for implementation of the
community's project.

An explanation of how the community will ensure that its funds are spent
in the manner proposed.

Descriptions of how the community will monitor the success of the
program and how the community will identify critical milestones during
the life of the program, including the need to modify, or discontinue
funding if identified milestones cannot be met.

An explanation of how the community will continue to meet the statutory
eligibility criteria, especially the $200 subsidy-per-passenger ceiling.

The annual amount of the grant sought.  The maximum grant amount
available for a community will be no more than the annual subsidy that a
carrier is being paid for traditional EAS at the time of a community’s
application.

A description as to the duration of the grant.  Applicants should set a
finite period for how long the grant would remain in effect, and
describe what its expectations are at the end of that period.  The
Department would have to reassess the community’s service situation
towards the end of the grant period to see if the circumstances had
changed since the initial award was granted.

Where communities are served over a linear route, e.g., EAS community A
to EAS community B to Hub, one-half of the total subsidy is assigned to
each community, and that would represent the maximum amount of funding
available under the Pilot Program.  If one of the two communities wanted
to opt for the Pilot Program, the subsidy cost to support the other
community’s traditional EAS program might well be greater than
one-half of the total.  In that case, less than one-half of the total
would be available for the community opting into the Pilot Program. 
Similar logic would apply to communities served as part of a larger
integrated package, e.g., the seven subsidized communities in Montana.

In addition, all eligibility criteria for the EAS program must continue
to be met under the Pilot Program.  For example, to ensure that EAS
funds are spent prudently, Congress has established certain eligibility
criteria.  Under Public Law 106-69, the Department of Transportation and
Related Agencies Appropriations Act of 2000, the Department is precluded
from compensating a carrier for serving any community within 70 driving
miles of a medium or large hub airport or communities where the subsidy
exceeds $200 per passenger, unless that community is farther than 210
miles from the nearest large or medium hub airport.

FUNDING RESTRICTIONS

Each community awarded a grant will be expected to execute a grant
agreement with the Department before it begins spending funds under a
grant award.  Applicants should therefore not assume they have received
grants, nor obligate or spend local funds, prior to receiving and fully
executing grant agreements under this program.  Funding from this grant
may not be used to pay for expenditures made prior to the execution of
the grant agreements.  Communities should also be aware that numerous
assurances are required to be made and honored when federal funds are
awarded (including non-discrimination, anti-drug, and anti-lobbying
certifications), and acceptance of the responsibilities of those
assurances is a requirement for receiving a grant under the program.

FILING DATE/POINT OF CONTACT

Applications may be submitted by hand, mail, or express delivery.  The
applications will be maintained in a public docket accessible by the
general public and other applicants.  Interested communities should
submit an original and three copies of their applications if submitting
by, hand, mail, or express delivery.  The cover page for all
applications regardless of the method of submission should bear the
title "Application for Inclusion in the Alternate Essential Air Service
Program," and should include the docket number as shown on the first
page of this order, the name of the community or consortium of
communities applying, the legal sponsor, and the community’s Dun and
Bradstreet (D&B) Data Universal Numbering System (DUNS) number.  The
application should be sent/delivered to Dockets Operations and Media
Management, M-30, Room PL-401, Department of Transportation,
400 7th Street, SW, Washington, DC 20590.  Questions regarding the
pilot program or the filing of applications should be directed to Dennis
DeVany, Chief, EAS and Domestic Analysis Division, at (202) 366-1053 or
dennis.devany@ost.dot.gov.

APPLICATION REVIEW INFORMATION

The Department will carefully review each application and the staff may
contact applicants and discuss their applications with them if
clarification or more information is needed.  Communities may amend
their applications at any time prior to the Department’s decision, and
those amendments will be considered.  The grant awards will be made as
quickly as possible.

It is important to note that this is not a competitive process pitting
one community against another.  Rather, each applicant will be judged on
the merits of its proposal.  There is no limit on the number of
potential participants in the Pilot Program.  We seek proposals that are
fully thought out and are designed to meet the individualized needs of a
community.  We encourage proposals that have the greatest chance of
increasing passenger usage and therefore reducing the need for future
subsidy under either the EAS or Pilot Program.

AWARD ADMINISTRATION INFORMATION

The Department will announce its grant selections by Order, which will
be served on each grant recipient, all other applicants, and all parties
served with this order.  It will also be published in the Federal
Register and posted on the Department’s webpage.

The grant agreements between the Department and the selected communities
will require periodic reports on the progress of implementation of the
grant project, as well as periodic submissions of additional material
relevant to the grant project, such as copies of advertising and
promotional material, and copies of contracts with consultants and
service providers.  In addition, communities will be required to submit
a final report to the Department when their full financial commitment
has been made.  The frequency of such requests will be established in
the grant agreement, which will be tailored to the specific features of
the community’s grant project.

We shall serve a copy of this notice on all communities currently
receiving subsidized air under the EAS program listed in Appendix C.  

By:

KARAN K. BHATIA

Assistant Secretary for Aviation

   and International Affairs

Dated:  July 22, 2004

(SEAL)

An electronic version of this document will be available on the World
Wide Web at:

  HYPERLINK "http://dms.dot.gov/"  http://dms.dot.gov/ 

Appendix A

Sec. 41745. Community and regional choice programs

(a) ALTERNATE ESSENTIAL AIR SERVICE PILOT PROGRAM-

(1) ESTABLISHMENT- The Secretary of Transportation shall establish an
alternate essential air service pilot program in accordance with the
requirements of this section.

(2) ASSISTANCE TO ELIGIBLE PLACES- In carrying out the program, the
Secretary, instead of paying compensation to an air carrier to provide
essential air service to an eligible place, may provide assistance
directly to a unit of local government having jurisdiction over the
eligible place or a State within the boundaries of which the eligible
place is located.

(3) USE OF ASSISTANCE- A unit of local government or State receiving
assistance for an eligible place under the program may use the
assistance for any of the following purposes:

(A) To provide assistance to air carriers that will use smaller
equipment to provide the service and to consider increasing the
frequency of service using such smaller equipment if the Secretary
determines that passenger safety would not be compromised by the use of
such smaller equipment and if the State or unit of local government
waives the minimum service requirements under section 41732(b).

(B) To provide assistance to an air carrier to provide on-demand air
taxi service to and from the eligible place.

(C) To provide assistance to a person to provide scheduled or on-demand
surface transportation to and from the eligible place and an airport in
another place.

(D) In combination with other units of local government in the same
region, to provide transportation services to and from all the eligible
places in that region at an airport or other transportation center that
can serve all the eligible places in that region.

(E) To purchase aircraft to provide transportation to and from the
eligible place or to purchase a fractional share in an aircraft to
provide such transportation after the effective date of a rule the
Secretary issues relating to fractional ownership.

(F) To pay for other transportation or related services that the
Secretary may permit.



OFFICE OF THE SECRETARY

DEPARTMENT OF TRANSPORTATION

TITLE VI ASSURANCE

(Implementing Title VI of the Civil Rights Act of 1964, as amended)

ASSURANCE CONCERNING NONDISCRIMINATION ON THE BASIS OF DISABILITY IN
FEDERALLY-ASSISTED PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM
FEDERAL FINANCIAL ASSISTANCE

UNDER THE ALTERNATE ESSENTIAL AIR SERVICE PILOT PROGRAM

(Implementing the Rehabilitation Act of 1973, as amended, and the

Air Carrier Access Act of 1986)

49 CFR Parts 21 and 27 and 14 CFR Parts 271 and 382

___________________________________ (the Grant Recipient) HEREBY AGREES
THAT,

(Name of Grant Recipient)

I.	As a condition to receiving any Federal financial assistance from the
Department of Transportation, it will comply:  with Title VI of the
Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d--42 U.S.C.
2000d-4; all requirements imposed by or pursuant to:  Title 49, Code of
Federal Regulations, Part 21, Nondiscrimination in Federally-Assisted
Programs of the Department of Transportation--Effectuation of Title VI
of the Civil Rights Act of 1964; and other pertinent directives so that
no person in the United States shall, on the grounds of race, color, or
national origin, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any
program or activity for which the Recipient receives Federal financial
assistance from the Department of Transportation.  This assurance is
required by Title 49, Code of Federal Regulations, section 21.7(a) and
Title 14, Code of Federal Regulations, section 271.9(c).

II.	As a condition to receiving any Federal financial assistance from
the Department of Transportation, it will comply with:  section 504 of
the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); the Air
Carrier Access Act of 1986 (49 U.S.C. 1374(c)); and all requirements
imposed by or pursuant to Title 49, Code of Federal Regulations,
Part 27, Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance,
Title 14, Code of Federal Regulations, Part 382, Nondiscrimination on
the Basis of Handicap in Air Travel; and other pertinent directives so
that no otherwise qualified person with a disability, be excluded from
participation in, be denied the benefits of, be discriminated against by
reason of such handicap in the provision of air transportation, or
otherwise be subjected to discrimination under any program for which the
Recipient receives Federal financial assistance from the Department of
Transportation.  This assurance is required by Title 49, Code of Federal
Regulations, section 27.9 and Title 14, Code of Federal Regulations,
sections 271.9(c) and 382.9.

III.	It will promptly take any measures necessary to effectuate this
agreement.  The Recipient further agrees that it shall take reasonable
actions to guarantee that it, its contractors and subcontractors subject
to the Department of Transportation regulations cited above,
transferees, and successors in interest will comply with all
requirements imposed or pursuant to the statutes and Department of
Transportation regulations cited above, other pertinent directives, and
the above assurances.

IV.	These assurances obligate the Recipient for the period during which
Federal financial assistance is extended.  The Recipient agrees that the
United States has a right to seek judicial enforcement with regard to
any matter arising under the statutes and Department of Transportation
regulations cited above, other pertinent directives, and the above
assurances.

V.	These assurances are given for the purpose of obtaining Federal grant
assistance under the Small Community Air Service Development Pilot
Program and are binding on the Recipient, contractors, subcontractors,
transferees, successors in interest, and all other participants
receiving Federal grant assistance in the Small Community Air Service
Development Pilot Program.  The person or persons whose signatures
appear below are authorized to sign this agreement on behalf of the
Grant Recipient.

VI.	In addition to these assurances, the Recipient agrees to file:  a
summary of all complaints filed against it within the past year that
allege violation(s) by the Recipient of Title VI of the Civil Rights Act
of 1964, as amended, section 504 of the Rehabilitation Act of 1973, as
amended, or the Air Carrier Access Act of 1986; or a statement that
there have been no complaints filed against it.  The summary should
include the date the complaint was filed, the nature of the complaint,
the status or outcome of the complaint (i.e., whether it is still
pending or how it was resolved).

_________________________________								

Date							Legal Name of Grant Recipient

By:													

Signature of Authorized Official



UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

OFFICE OF AVIATION ANALYSIS

CERTIFICATION REGARDING INFLUENCING ACTIVITIES UNDER

THE ALTERNATE ESSENTIAL AIR SERVICE PILOT PROGRAM

Certification for Contracts, Grants, Loans,

and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and
belief, that:

(1)  No Federal appropriated funds have been paid or will be paid, by or
on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.

(2)  If any funds other than Federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Influencing Activities," in accordance with
its instructions.

(3)  The undersigned shall require that the language of this
certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under
grants, loans and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.

This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into. 
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S.
Code.  Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.

													

Signature						Date

						

Title

						

Grant Recipient

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

OFFICE OF AVIATION ANALYSIS

CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS

IN THE PERFORMANCE OF SMALL COMMUNITY AIR SERVICE PURSUANT TO GRANT
AWARD UNDER THE ALTERNATE ESSENTIAL AIR SERVICE PILOT PROGRAM

A.  The grant recipient certifies that it will, or will continue, to
provide a drug-free workplace by:

(a)  Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a controlled
substance is prohibited in the grant recipient’s workplace, and
specifying the actions that will be taken against employees for
violation of such prohibition;

(b)  Establishing an ongoing drug-free awareness program to inform
employees about--

(1)  The dangers of drug abuse in the workplace;

(2)  The grantee's policy of maintaining a drug-free workplace;

(3)  Any available drug counseling, rehabilitation, and employee
assistance programs; and

(4)  The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;

(c)  Making it a requirement that each employee to be engaged in the
performance of work supported by the grant award be given a copy of the
statement required by paragraph (a);

(d)  Notifying the employee in the statement required by paragraph (a)
that, as a condition of employment supported by the grant award, the
employee will--

(1)  Abide by the terms of the statement; and

(2)  Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace no later
than five calendar days after such conviction;

(e)  Notifying the agency in writing, within ten calendar days after
receiving notice under paragraph (d)(2) from an employee or otherwise
receiving actual notice of conviction.  Employers of convicted employees
must provide notice, including position title, to the Office of Aviation
Analysis.  Notice shall include the order number of the grant award;

(f)  Taking one of the following actions, within 30 days of receiving
notice under paragraph (d)(2), with respect to any employee who is so
convicted--

(1)  Taking appropriate personnel action against such an employee, up to
and including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended, or

(2)  Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such purposes by
a Federal, State or local health, law enforcement, or other appropriate
agency;

(g)  Making a good faith effort to continue to maintain a drug-free
workplace through implementation of paragraphs (a), (b), (c), (d), (e)
and (f).

B.  The grant recipient may, but is not required to, insert in the space
provided below the site for the performance of work done in connection
with the specific grant.

Places of Performance (street address, city, county, state, zip code). 
For the provision of air service pursuant to the grant award, workplaces
include outstations, maintenance sites, headquarters office locations,
training sites and any other worksites where work is performed that is
supported by the grant award.

Check [    ] if there are workplaces on file that are not identified
here.

______________________________________________
__________________________

Grant Recipient Signature					Date

ALTERNATE ESSENTIAL AIR SERVICE PILOT PROGRAM

GRANT ASSURANCES

Certification. The Grantee hereby assures and certifies, 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 of
Federal funds for this project including but not limited to the
following:

Federal Legislation

a. Davis-Bacon Act - 40 U.S.C. 276(a), et seq.

b. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. Airport
Assurances (9/99)

c. Hatch Act - 5 U.S.C. 1501, et seq.

d. Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 Title 42 U.S.C. 4601, et seq.

e. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C.
470(f).

f. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469
through 469c.

g. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et
seq.

h. Clean Air Act, P.L. 90-148, as amended.

i. Coastal Zone Management Act, P.L. 93-205, as amended.

j. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C.
4012a.1

k. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq.

l. American Indian Religious Freedom Act, P.L. 95-341, as amended.

m. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.

n. Power Plant and Industrial Fuel Use Act of 1978 - Section 403 - 42
U.S.C.8373.

o. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.

p. Copeland Anti-kickback Act - 18 U.S.C. 874.

q. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.

r. Wild and Scenic Rivers Act, P.L. 90-542, as amended.

s. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.

Executive Orders

Executive Order 11246 - Equal Employment Opportunity

Executive Order 11990 - Protection of Wetlands

Executive Order 11998 – Flood Plain Management

Executive Order 12372 - Intergovernmental Review of Federal Programs.

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. 29 CFR Part 1 - Procedures for predetermination of wage rates.

d. 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.

e. 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).

f. 41 CFR Part 60 - Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor (Federal and federally
assisted contracting requirements).

g. 49 CFR Part 18 - Uniform administrative requirements for grants and
cooperative agreements to state and local governments.

h. 49 CFR Part 23 - Participation by Disadvantaged Business Enterprise
in Airport Concessions.

i. 49 CFR Part 24 - Uniform relocation assistance and real property
acquisition for Federal and federally assisted programs.

j. 49 CFR Part 26 – Participation by Disadvantaged Business
Enterprises in Department of Transportation Programs.

k. 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.

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
Organizations

Specific assurances required to be included in grant agreements by any
of the above laws, regulations, or circulars are incorporated by
reference in the grant agreement.

2.  Responsibility and Authority of the Grantee.

a.  It has legal authority to apply for the grant, and to finance 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 filing of the application,
including all understandings and assurances contained therein, and
directing and authorizing the person identified as the official
representative of the applicant to act in connection with the
application and to provide such additional information as may be
required.

3.  Fund Availability.  It has sufficient funds available for that
portion of the project costs that are not to be paid by the United
States. It has sufficient funds available to assure operation and
maintenance of items funded under the grant agreement that it will own
or control.

4.  Preserving Rights and Powers.

a. It will not take or permit any action that 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 the grant agreement without the
written approval of the DOT, and will act promptly to acquire,
extinguish, or modify any outstanding rights or claims of right of
others that would interfere with such performance by the sponsor. This
shall be done in a manner acceptable to the DOT.

5.  Accounting System, Audit, and Record Keeping Requirements.

a.  It shall keep all project accounts and records that fully disclose
the amount and disposition by the recipient of the proceeds of the
grant, the total cost of the project in connection with which the 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 DOT 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 the grant. The DOT may
require that a recipient conduct an appropriate audit. 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 the 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 fiscal
year for which the audit was made.

6.  Minimum Wage Rates.  It shall include, in all contracts in excess of
$2,000 for work on any projects funded under this grant agreement that
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.

7. Economic Nondiscrimination. In any agreement, contract, lease, or
other arrangement under any project funded under this grant agreement
and for which a right or privilege at the airport 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
Grantee will insert and enforce provisions requiring the contractor to
(1) furnish 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.

8.  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
Grantee.

9.  Foreign Market Restrictions. It will not allow funds provided under
this grant to be used to fund any project that uses any product or
service of a 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 of
the United States in procurement and construction.

10.  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 and
will pay or reimburse property owners 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.

__________________________

Grant Recipient

_______________________________________			_____________

Signature of Authorized Grant Recipient Official		Date

OFFICE OF THE SECRETARY OF TRANSPORTATION

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS -- PRIMARY COVERED TRANSACTIONS

Instructions for Certification

1. By signing and submitting this proposal, the prospective primary
participant is providing the certification set out below.

2. The inability of a person to provide the certification required below
will not necessarily result in denial of participation in this covered
transaction. The prospective participant shall submit an explanation of
why it cannot provide the certification set out below. The certification
or explanation will be considered in connection with the department or
agency's determination whether to enter into this transaction. However,
failure of the prospective primary participant to furnish a
certification or an explanation shall disqualify such person from
participation in this transaction.

3. The certification in this clause is a material representation of fact
upon which reliance was placed when the department or agency determined
to enter into this transaction. If it is later determined that the
prospective primary participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction for
cause or default.

4. The prospective primary participant shall provide immediate written
notice to the department or agency to which this proposal is submitted
if at any time the prospective primary participant learns that its
certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.

5. The terms covered transaction, debarred, suspended, ineligible, lower
tier covered transaction, participant, person, primary covered
transaction, principal, proposal, and voluntarily excluded, as used in
this clause, have the meanings set out in the Definitions and Coverage
sections of the rules implementing Executive Order 12549. You may
contact the department or agency to which this proposal is being
submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary participant agrees by submitting this
proposal that, should the proposed covered transaction be entered into,
it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the
department or agency entering into this transaction.

7. The prospective primary participant further agrees by submitting this
proposal that it will include the clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower
Tier Covered Transaction," provided by the department or agency entering
into this covered transaction, without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered
transactions.

8. A participant in a covered transaction may rely upon a certification
of a prospective participant in a lower tier covered transaction that it
is not proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but
is not required to, check the List of Parties Excluded from Federal
Procurement and Non-procurement Programs.

9. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith
the certification required by this clause. The knowledge and information
of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business
dealings.

10. Except for transactions authorized under paragraph 6 of these
instructions, if a participant in a covered transaction knowingly enters
into a lower tier covered transaction with a person who is proposed for
debarment under 48 CFR part 9, subpart 9.4, suspended, debarred,
ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction for
cause or default.

Certification Regarding Debarment, Suspension, and Other Responsibility
Matters -- Primary Covered Transactions

(1) The prospective primary participant certifies to the best of its
knowledge and belief, that it and its principals:

(a) Are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded by any Federal department
or agency;

(b) Have not within a three-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local)
transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (1)(b) of this
certification; and

(d) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State
or local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.

_______________________________			_____________________________

Name								Affiliation

______________________________			_____________________________

Title								Date



OFFICE OF THE SECRETARY OF TRANSPORTATION

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION -- LOWER TIER COVERED TRANSACTIONS

Instructions for Certification

1. By signing and submitting this proposal, the prospective lower tier
participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact
upon which reliance was placed when this transaction was entered into.
If it is later determined that the prospective lower tier participant
knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies,
including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate
written notice to the person to which this proposal is submitted if at
any time the prospective lower tier participant learns that its
certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower
tier covered transaction, participant, person, primary covered
transaction, principal, proposal, and voluntarily excluded, as used in
this clause, have the meaning set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549. You may contact
the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this
proposal that, should the proposed covered transaction be entered into,
it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the
department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting
this proposal that it will include this clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
-- Lower Tier Covered Transaction," without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions.

7. A participant in a covered transaction may rely upon a certification
of a prospective participant in a lower tier covered transaction that it
is not proposed for debarment under 48 CFR part 9, subpart 9.4,
debarred, suspended, ineligible, or voluntarily excluded from covered
transactions, unless it knows that the certification is erroneous. A
participant may decide the method and frequency by which it determines
the eligibility of its principals. Each participant may, but is not
required to, check the List of Parties Excluded from Federal Procurement
and Non-procurement Programs.

8. Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith
the certification required by this clause. The knowledge and information
of a participant is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business
dealings.

9. Except for transactions authorized under paragraph 5 of these
instructions, if a participant in a covered transaction knowingly enters
into a lower tier covered transaction with a person who is proposed for
debarment under 48 CFR part 9, subpart 9.4, suspended, debarred,
ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or
debarment.

Certification Regarding Debarment, Suspension, Ineligibility an
Voluntary Exclusion -- Lower Tier Covered Transactions

(1) The prospective lower tier participant certifies, by submission of
this proposal, that neither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal
department or agency.

(2) Where the prospective lower tier participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.

___________________________

Name

__________________________

Title

__________________________

Affiliation

__________________________

Date



EAS Community	Docket #



	Adak, AK	00-8556

Akutan, AK	00-7068

Alamogordo/HollomanAFB, NM	96-1901

Alamosa, CO	97-2960

Alliance, NE	97-3003

Altoona, PA	02-11446

Athens, GA	02-11348

Atka, AK	95-363

Augusta/Waterville, ME	97-2784

Bar Harbor, ME	97-2784

Beckley, WV	97-2761

Bluefield/Princeton, WV	97-2761

Brookings, SD	97-2785

Brownwood, TX	97-2402

Burlington, IA	01-8731

Cape Girardeau, MO	96-1559

Cape Yakataga, AK	96-2009

Carlsbad, NM	02-12802

Cedar City, UT	97-2706

Central, AK	98-3621

Chadron, NE	97-3003

Chatham, AK	46478

Chisholm/Hibbing, MN	03-15796

Circle, AK	98-3621

Clovis, NM	96-1902

Cordova, AK	43145

Cortez, CO	96-1900

Crescent City, CA	97-2649

Devils Lake, ND	97-2785

Decatur, IL	02-11859

Dickinson, ND	95-697

Dodge City, KS	98-3502

DuBois, PA	04-17617

El Dorado/Camden, AR	97-2935

Elfin Cove, AK	02-11586

Ely, NV	95-361

Enid, OK	97-2401

Ephrata/Moses Lake, WA	98-3344

Escanaba, MI	03-15128

Excursion Inlet, AK	03-12014





EAS Community	Docket #



	Glasgow, MT	97-2605

Glendive, MT	97-2605

Grand Island, NE	02-13983

Great Bend, KS	98-3496

Greenbrier/White Sulphur Springs/Lewisburg, WV	03-15553

Gulkana, AK	95-492

Gustavus, AK	43145

Hana, HI	99-6502

Harrison, AR	97-2935

Havre, MT	97-2605

Hays, KS	98-3497

Healy Lake, AK	98-3546

Hobbs, NM	02-12800

Hot Springs, AR	97-2935

Huron, SD	00-7138

Icy Bay, AK	96-2009

Iron Mountain/Kingsford, MI	99-5175

Ironwood, MI/Ashland, WI	96-1266

Jackson, TN	00-7857

Jamestown, NY	03-14950

Jamestown, ND	97-2785

Johnstown, PA	02-11446

Jonesboro, AR	97-2935

Kalaupapa, HI	00-6773

Kamuela, HI	97-2833

Kearney, NE	96-1715

Kingman, AZ	96-1899

Kirksville, MO	44895

Kodiak Bush Points, AK	42908

Laramie, WY	97-2958

Laurel/Hattiesburg, MS	01-10685

Lebanon, NH	03-14822

Lewistown, MT	97-2605

Liberal, KS/Guymon, OK	98-3498

Manhattan, KS	03-15483

Manistee/Ludington, MI	96-1711

Marion/Herrin, IL	00-7881

Mason City, IA	01-10682

Massena, NY	97-2842

May Creek, AK	96-2009

McCarthy, AK	96-2009

McCook, NE	97-3005

Merced, CA	98-3521

Miles City, MT	97-2605

EAS Community	Docket #



	Moab, UT	97-2827

Muscle Shoals, AL	00-7856

Nikolski, AK	96-363

Norfolk, NE	00-8320

North Platte, NE	99-5173

Ogdensburg, NY	97-2842

Oil City/Franklin, PA	97-2523

Owensboro, KY	00-7855

Page, AZ	97-2694

Pelican, AK	02-11586

Petersburg, AK	43145

Pierre, SD	01-10128

Plattsburgh, NY	03-14783

Ponca City, OK	97-2401

Ponce, PR	99-6592

Port Alexander, AK	99-6244

Prescott, AZ	96-1899

Presque Isle, ME	00-8012

Pueblo, CO	99-6589

Quincy, IL	02-14492

Riverton, WY	03-14536

Rock Springs, WY	97-2959

Rockland, ME	97-2784

Rutland, VT	97-2784

Salina, KS	02-11376

Saranac Lake, NY	00-8025

Scottsbluff, NE	03-14535

Show Low, AZ	98-4409

Sidney, MT	97-2605

Silver City/Hurley/Deming, NM	96-1903

Staunton, VA	02-11378

Thief River Falls, MN	01-10642

Vernal, UT	97-2706

Victoria, TX	03-14604

Watertown, NY	97-2842

Watertown, SD	01-10644

West Yellowstone, MT	03-14626

Wolf Point, MT	97-2605

Worland, WY	97-2981

Wrangell, AK	43145

Yakutat, AK	43145



 Under no circumstances could a community participate in both the
traditional EAS program and the Pilot Program at the same time. 
Communities choosing to withdraw from the Pilot Program may request to
be reinstated in the traditional EAS program, but there could be a
hiatus in service.

 See Appendix A for a copy of the statute.

 Any changes in the eligibility criteria for the traditional EAS program
would also apply to the Pilot Program.

 These certifications are in Appendix B and are available on the web at
http://ostpxweb.dot.gov/aviation/index.html.

 Questions may be directed to the Department at (202) 366-1053.

 Communities may submit their proposals electronically by following the
instructions at the following website http://dms.dot.gov.  If they do
so, however, they should not also submit a hard copy of the application
to the Dockets Operations and Media Management Office.  Moreover, any
additional materials such as DVDs and videos cannot be included in the
docket management system.  To the extent that communities want to
include such information in their proposals, they should provide a
separate, hard copy of their complete application to the Department’s
Office of Aviation Analysis, X-50, Room 6401.  Questions about
electronic filing procedures should be addressed to Ms. Andrea Jenkins,
Program Manager, Dockets Operations and Media Management, at (202)
366-0271.

 The Office of Management and Budget (OMB) issued a new policy with
respect to applications for federal grants.  Effective October 1, 2003,
applicants for federal grants must include in their applications their
DUNS number.  There are two ways to obtain a DUNS number.  Institutions
can use the special toll-free number for federal grant applicants at
1-866-705-5711.  The process will take about ten minutes and the
institution will receive a DUNS number within a few business days.  When
applying, the institution needs to indicate that it is filing an
application under a federal grant program and needs to register for a
DUNS number.  In addition, the institution will need to provide the
following information: the name of the institution, address, telephone
number, name of the head of the institution, type of institution
(university, library, government entity etc), and total number of
employees (full- and part-time).  Alternatively, the institution can
register for a DUNS number via Dun & Bradstreet’s website at  
HYPERLINK "https://eupdate.dnb.com/requestoptions.html" 
https://eupdate.dnb.com/requestoptions.html .  Choose the “DUNS number
only” option.  OMB has adopted the use of DUNS numbers as a way to
keep track of how federal grant money is dispersed.  Notice of this
policy was published in the Federal Register on June 27, 2003 [FR38402].

 PAGE   

-  PAGE   2  -

 PAGE   

 PAGE   

APPENDIX B

APPENDIX B

APPENDIX B

APPENDIX B

APPENDIX B

APPENDIX B

Appendix C

Page   PAGE  3  of 3

Appendix B

Page   PAGE  1  of   NUMPAGES  21 

