Fundamentals III: Master Planning, Capital Development & Environmental ApprovalsSession 3 Peter J. Kirsch
Kaplan Kirsch & Rockwell
Federal environmental reviews
Focus is on
MASTER PLAN
5 Years
AIRPORT MASTER PLANS
• The sponsor’s strategy for the development of the airport, usually a 20+ year window
• Prepared to support: – Modernization or expansion of existing
airports – Creation of a new airport – Routine, continued planning every 5-10
years
Opportunity to address relevant issues
Realistic schedule for project implementation
Financial plan
Opportunity to engage public and stakeholders
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The basis for Airport Layout Plan
Federal and local approvals (including environmental reviews)
Funding
Do not confuse “Airport Master Plan” with master plans or comprehensive plans prepared under local or state land use laws
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Outgrowth of Master Plan
Predicate to qualify for AIP grant funds
Sponsor’s input to FAA Airport Capital Improvement Program (ACIP). Basis for prioritizing federal grant funding
FAA assumes that sponsor is committed to accomplish the first 2 years of its capital plan if and when grant funding becomes available.
Projects in the capital plan must be shown on a current Airport Layout Plan
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FORECASTS
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Benchmark for all domestic aviation forecasts Forecasts for all airports contained in the National Plan for Integrated
Airport System (NPIAS)
Officially developed annually by FAA for internal budget and planning But it is used for myriad purposes beyond original intent
FAA approval required to use a local forecast that differs greater than 10% (5-year forecast) or 15% (10-year forecast) from the TAF
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Predict future demand
Development (facility) needs
Difficult art, not a science; often controversial
In times of economic uncertainty, forecasts are more difficult
and more important!
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Grant Assurance 29 – Keeping an up to date ALP
Sponsor obligations are tied to what is depicted on ALP
Projects must be on an ALP for funding
The airport must be developed and used consistent with the ALP
Changes must be consistent with ALP
Both a hammer and a shield
To FAA, the ALP = airport (for most purposes)
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ALPs may be conditionally or unconditionally approved by the FAA
The distinction between these approvals is important
FAA funding of projects and approval for implementation require
unconditional ALP approval
Law concerning approvals changed in 2018 (see session 5): no
longer must everything on ALP be approved
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Airport Airspace Drawing
Airport Land Use Drawing
Airport Property Map / Exhibit A
Runway Departure Surface Drawing
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Airport planning is highly regulated
Rules regarding development, acquisition, and sale of airport land are not intuitive
Airport plans have considerable legal significance
Federal funding is conditioned on strict compliance with planning process and outcome
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Funding
Establishes environmental policies and goals for the country
When the federal government takes an action that may have significant environmental impacts, it must: Take a hard look at the impacts
Provide information about environmental effects to decision-makers and the public
Intent is to improve decision making
New Rules
in 2020!
Based on projects and actions Runways, airspace redesign, terminal development, access projects
Noise abatement flight procedures
Not day to day operations or growth from market forces
Triggered by federal action: Airport Layout Plan approval
AIP/PFC funding
Airspace decisions
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Categorical
THREE LEVELS OF REVIEW: CATEGORICAL EXCLUSION (CATEX)
Actions that do not individually or cumulatively have a significant effect on the human environment, and for which, neither an EA nor an EIS is required.
Practice Tips: A CATEX is not an exemption or waiver of NEPA
FAA Order 1050.1F provides a list of actions typically categorically excluded from NEPA review
Two types; form and documented CATEX
If responsible FAA official determines that extraordinary circumstances exist, an EA or EIS must be prepared.
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Concise (?) public document that briefly
provides sufficient evidence and analysis for
determining whether to prepare an EIS.
Prepared when:
extraordinary circumstances
If EA shows no expected significant impacts,
FAA prepares a Finding of No Significant
Impacts (FONSI)
Unusual for airport projects
Detailed written statement prepared when environmental impacts would be significant and mitigation measures cannot reduce the impacts below significant levels.
Practice Tips: FAA, not the sponsor, prepares an EIS
FAA Order 1050.1F provides a list of actions normally requiring an EIS
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Purpose
Categorical Exclusion (form)
Record of Decision (with or without a FONSI)
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Case law
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Environmental review requirements are changing CEQ regulations (86 Fed. Reg. 55757 (Oct. 7, 2021))
US Government climate change policy
DOT resiliency planning
State environmental requirements
Make sure project is justified
Avoid project drift
Make sure purpose and need reflects sponsor’s goals/objectives
Avoid process and consultation errors
Integrate other environmental requirements
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Focus has been on aeronautical planning and development
Many types of nonaeronautical development; examples - Collateral, ancillary or support
Temporary or concurrent
Revenue generating only
The distinction between aeronautical – nonaeronautical is important
Distinction has greater legal significance since change in law in 2018
Nonaeronautical development is not necessarily exempt from FAA reviews and approvals
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ATTORNEY ADVERTISEMENT. The contents of this presentation, current at the date of publication, are for reference purposes only and do not constitute legal advice. The contents
do not reflect the official opinion of Kaplan Kirsch & Rockwell LLP. Responsibility for the information and views expressed within this document lies entirely with the author(s).
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