Federal Aviation Administration, DOT

Section 152.213

and accountability prescribed in Attachment G of Office of Management
and Budget Circular A-102 (42 FR
45828).
(d) Advance by Treasury check. Advance of funds by Treasury check may
be made subject to the following conditions - 
(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 administratively 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 airport development project, advance payments do not exceed the estimated
project costs of the airport development 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 aggregate 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 included in the project, but not including
contingency items; or
(ii) 90 percent of the maximum obligation 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 section.
(g) Withholding of payments. Payment
to the sponsor or planning agency may
be withheld at any time during the
grant period under the following circumstances:
(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 collection of the indebtedness will not impair 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 comply with the labor provisions of a contract under a grant agreement for an
airport development project, further
grant payments to the sponsor are suspended 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 underpayments to labor, the sponsor furnishes satisfactory assurances to the
FAA that restitution has been or will
be made to the affected employees.
(i) Excess payments. Upon determination 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 allowable costs of the project, the sponsor or
planning agency shall promptly return
the excess to FAA.
Section 152.211 Grant payments: Land acquisition.
If an approved project for airport development includes land acquisition as
an item for which payment is requested, 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 satisfactory title to the land; or
(b) In the case of a request for advance payment under Section 152.209(d), the
Administrator is assured that a satisfactory title will be acquired.
Section 152.213 Grant closeout requirements.
(a) Program income. Sponsors or planning agencies that are units of local
government shall return all interest
earned on advances of grant-in-aid
funds to the Federal Government in accordance with a decision of the Comptroller General (42 Comp. Gen. 289). All
other program income (gross income)

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