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Federal Aviation Administration, DOT 

§ 152.213 

and accountability prescribed in At-
tachment G of Office of Management 
and Budget Circular A–102 (42 FR 
45828). 

(d) 

Advance by Treasury check. 

Ad-

vance of funds by Treasury check may 
be made subject to the following condi-
tions— 

(1) The sponsor or planning agency 

meets the requirements of paragraphs 
(c) (2) and (3) of this section; 

(2) The timing and amount of cash 

advances are as close as administra-
tively feasible to actual disbursements 
by the sponsor or planning agency; and 

(3) Except as provided in paragraph 

(e) of this section, in the case of an air-
port development project, advance pay-
ments do not exceed the estimated 
project costs of the airport develop-
ment expected to be accomplished 
within 30 days after the date of the 
sponsor’s application for the advance 
payment. 

(e) No advance payment for airport 

development projects may be made in 
an amount that would bring the aggre-
gate amount of all partial payments to 
more than the lower of the following: 

(i) 90 percent of the estimated United 

States’ share of the total estimated 
cost of all airport development in-
cluded in the project, but not including 
contingency items; or 

(ii) 90 percent of the maximum obli-

gation of the United States as stated in 
the grant agreement. 

(f) 

Reimbursement by Treasury check. 

Reimbursement by Treasury check will 
be made if the sponsor or planning 
agency does not meet the requirements 
of paragraphs (c) (2) and (3) of this sec-
tion. 

(g) 

Withholding of payments. 

Payment 

to the sponsor or planning agency may 
be withheld at any time during the 
grant period under the following cir-
cumstances: 

(1) The sponsor or planning agency 

has failed to comply with the program 
objectives, grant award conditions, or 
Federal reporting requirements. 

(2) The sponsor or planning agency is 

indebted to the United States and col-
lection of the indebtedness will not im-
pair accomplishment of the objectives 
of any grant program sponsored by the 
United States. 

(3) The sponsor or planning agency 

has withheld payment to a contractor 
to assure satisfactory completion of 
work. Payment will be made to the 
sponsor or planning agency when it has 
made final payment to the contractor, 
including the amounts withheld. 

(h) 

Labor violations. 

If a contractor or 

a subcontractor fails or refuses to com-
ply with the labor provisions of a con-
tract under a grant agreement for an 
airport development project, further 
grant payments to the sponsor are sus-
pended until— 

(1) The violations are corrected; 
(2) The Administrator determines the 

allowability of the project costs to 
which the violations relate; or 

(3) If the violations consist of under-

payments to labor, the sponsor fur-
nishes satisfactory assurances to the 
FAA that restitution has been or will 
be made to the affected employees. 

(i) 

Excess payments. 

Upon determina-

tion of the allowability of all project 
costs of a project, if it is found that the 
total of grant payments to the sponsor 
or planning agency was more than the 
total United States share of the allow-
able costs of the project, the sponsor or 
planning agency shall promptly return 
the excess to FAA. 

§ 152.211

Grant payments: Land acqui-

sition. 

If an approved project for airport de-

velopment includes land acquisition as 
an item for which payment is re-
quested, the sponsor may apply to the 
FAA for payment of the United States 
share of the allowable project costs of 
the acquisition, after— 

(a) The Administrator determines 

that the sponsor has acquired satisfac-
tory title to the land; or 

(b) In the case of a request for ad-

vance payment under § 152.209(d), the 
Administrator is assured that a satis-
factory title will be acquired. 

§ 152.213

Grant closeout requirements. 

(a) 

Program income. 

Sponsors or plan-

ning agencies that are units of local 
government shall return all interest 
earned on advances of grant-in-aid 
funds to the Federal Government in ac-
cordance with a decision of the Comp-
troller General (42 Comp. Gen. 289). All 
other program income (gross income) 

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