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HomeMy WebLinkAboutR-2025-126 Resolution authorizing the application for and acceptance of an FAA grant to construct terminal building baggage claim and restroomA RESOLUTION RESOLUTION NO. R-2025-126 authorizing a grant application to the Federal Aviation Administration for the Yakima Air Terminal Building Modernization project for Capital Improvements at the Yakima Air Terminal -McAllister Field, WHEREAS, the City owns and operates the Yakima Air Terminal -McAllister Field in accordance with applicable Federal, State, and Local regulations; and WHEREAS, the Yakima Air Terminal -McAllister Field has been notified that grant funds are available to maintain and/or improve the airport upon submission of completed Airport Improvement Program (AIP) grant application and satisfaction of certain conditions; and WHEREAS, the Yakima Air Terminal -McAllister Field has a current and complete Airport Master Plan, which details a variety of required capital improvement projects, including construction and modernization of the airport's Terminal Facility infrastructure; and WHEREAS, the grant application will request a total of One Million, Two -Hundred and Twenty -One Thousand, Seven -Hundred and Eight ($1,221,708) dollars in AIP funding administered by the Federal Aviation Administration (FAA); and WHEREAS, the grant has a short time period for acceptance necessitating the Council to authorize the City Manager to accept the grant in the event the grant is in substantially the same terms and conditions as the attached AIP grant template agreement; and WHEREAS, the City Council deems it to be in the best interest of the City and its residents to authorize submission of the grant application for grant funds needed to accomplish the identified capital improvements, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1_ Grant Application. The City Manager is hereby authorized to submit an AIP grant application to the FAA for the Yakima Air Terminal Building Modernization project for the Yakima Air Terminal -McAllister Field, 2. Grant Agreement. The City Manager is hereby authorized, and may, review and execute the AIP grant agreement with the FAA for the Yakima Air Terminal Building Modernization project for the Yakima Air Terminal -McAllister Field if it includes substantially the same terms and conditions as the attached AIP grant contract template, and, after legal review and comment (which may include alteration of language or attachment of additional documents), in a form she determines is appropriate and in the best interest of the City. ADOPTED BY THE CITY COUNCIL this 19th day of August, 2025. ATTEST: k t'` `: "'� Patricia Byers `Mayor Rosalinda Ibarra, City Clerk OMB Number: 4040-0004 Expiration Date: 11/30/2025 Application for Federal Assistance SF-424 1. Type of Submission: ID Preapplication *2. Type of Application * If Revision, select appropriate Ietter(s): 0 New 0 Continuation * Other (Specify) 0 Revision F2 Application O Changed/Corrected Application *3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: 3-53-0089-062-2025 *5b. Federal Award Identifier State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: City of Yakima *b. Employer/Taxpayer Identification Number (EIN/TIN): 91-6001293 *c. UEI: FJNNX1XFJ9K3 d. Address: *Street 1: 129 2nd Street Street 2: *City: Yakima County/Parish: Yakima *State: WA *Province: *Country: USA: United States *Zip / Postal Code 98901-2637 e. Organizational Unit: Department Name: Yakima Air Terminal/McAllister Field Division Name: f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr. *First Name: Robert Middle Name: *Last Name: Hodgman Suffix: Title: Airport Director Organizational Affiliation: *Telephone Number: 509-575-6260 Fax Number: *Email: Robert.Hodgman@yakimawa.gov Application for Federal Assistance SF-424 •9. Type of Applicant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2: Select Applicant Type: Pick an applicant type Type of Applicant 3: Select Applicant Type: Pick an applicant type `Other (Specify) *10. Name of Federal Agency: Federal Aviation Administration 11. Catalog of Federal Domestic Assistance Number: 20.106 CFDA Title: Airport Improvement Program *12. Funding Opportunity Number: *Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): City of Yakima Washington *15. Descriptive Title of Applicant's Project: Construction Phase 3: Install baggage claim equipment Attach supporting documents as specified in agency instructions. Application for Federal Assistance SF-424 16.Congressional Districts Of: ^o. Applicant: WA-004 `b.Pmgram/Pu4ect: WA-004 Attach anadditional list ofProgram/Project Congressional Districts if needed, 17.Proposed Project: .a, Start Date: 06/01/2025 *b, End Date: 12/30/2025 18. Estimated Funding ($): .z Federal ^b. Applicant ^c8tste ^d. Loco .e. Other 1 Program Income 'g. TOTAL $U *19. Is Application SubjenttnReview By State Under Executive Order 18372Pmnose? F7 & This application was made available to the State under the Executive Order 12372 Process for review on El b. Program iysubject toEQ.12372but has not been selected bythe State for review, MX c. Program is not covered UyEO� 12372. he Applicant Delinquent On Any Federal Debt? Yes R No K^Yes^.explain: 21.*By signing this application, | certify <1)Umthe statements contained inthe list ofcertifications— and (2)that the statements herein are true, complete and accurate tnthe best ofmyknowledge, | also provide the required assurances— and agree tocomply with any resulting terms if|accept anaward, I am aware that any false, fictitious, or fraudulent statements or claims may subject me10criminal, civil, o,administrative penalties, (U. S. Code, Title 210.Section 1O01) 2y~|AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Middle Name'. *Last Name: Baker Suffix: *First Name: Victoria 'Ti8e� City Manager *Telephone Number 5OA'57546O00 *Signature ofAuthorized Reprosenta Fax Number: L`� U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-100, Application for Federal Assistance (Development and Equipment Projects) Paperwork Reduction Act Burden Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 28 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200; no assurance of confidentiality is provided. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. INSTRUCTIONS FOR FORM 5100-100 PART I — Application for Federal Assistance Part I of the Application for Federal Assistance consists of a completed Standard Form (SF) 424. The remaining parts of Form 5100-100 (Parts II, III and IV) represent continuation pages that the Sponsor must attach to the associated SF-424 form. The signature of the Sponsor's authorized representative on the SF-424 form represents acceptance of the representations and certifications made within the corresponding FAA 5100-100 form. PART II — Project Approval Information This information is necessary for the Federal Aviation Administration to evaluate this request for Federal assistance. Responses do not require an explanation unless explicitly requested by the question. SECTION A. STATUTORY CONDITIONS Item 1 — Indicate whether the Sponsor maintains an active registration in the Federal System for Award Management (SAM). Pursuant to 2 CFR §25.200(b), a Sponsor must maintain an active registration in the Central Contractor Registration repository (housed within SAM) with current information at the time of the application and during the active period of the Federal award. Item 2 — Indicate whether the Sponsor can commence the project within the same fiscal year the grant is made or within 6 months of when the grant is made, whichever is later. Attach explanation for negative responses. This information is considered when allocating discretionary funds. (49 U.S.C. § 47115(d)(2)) Item 3 — Indicate whether the Sponsor can complete the project without unreasonable delays. If applicable, provide listing of foreseeable events (winter shutdown, land acquisition issues, non - aeronautical events, etc.) that have potential to delay completion of the project. (49 USC § 47106(a)) Item 4 — Indicate whether the environmental review (i.e. environmental assessment, mitigated FONSI, etc.) identified impacts or effects on the environment that require mitigating measures that lessen the impact or effect on the environment. If yes, provide a summary listing of mitigating measures. (49 U.S.C. § 47106(c)) Item 5 — Indicate whether the project covered by this request is also covered by an approved Passenger Facility Charge (PFC) application or other Federal assistance program by selecting all applicable check boxes (49 U.S.C. § 40117(d) and 2 CFR § 200.403). If the approved PFC application only addresses the Sponsor's AIP matching share, select the appropriate check box. If the project, or portions thereof, is covered by another Federal assistance program, identify the Federal assistance program by name and the Catalog of Federal Domestic Assistance (CFDA) number. Item 6 — Indicate whether the Sponsor intends to seek reimbursement of Sponsor indirect costs as defined by 2 CFR §200.414 and 2 CFR Appendix VII to Part 200. This information request does not include the indirect costs claimed by a for -profit entity (e.g. consultant). • The de minimis rate may only be used if the Sponsor has not previously received a negotiated Indirect Cost Rata (ICR) and does not exceed the limitations prescribed in Appendix VII to Part 200. • A Sponsor with an existing approved negotiated ICR must identify the ICR value, the name of the cognizant agency that approved the ICR and the date of approval. SECTION B. CERTIFICATION REGARDING LOBBYING This section addresses the Sponsor's declaration regarding lobbying activities. The declaration made in the section are under signature of the authorized representative as identified in box 21 of form SF-424, to which this form is attached. Title 31 U.S.C. § 1352 establishes that no appropriated funds may be expended by a recipient of a Federal grant to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this covered Federal assistance action. Pursuant to 40 CFR part 20, this certification attests that the Sponsor has not made, and will not make, any payment prohibited payment by 31 U.S.C. § 1352. FAA Form 5100-100 it SECTION C. REPRESENTATIONS AND CERTIFICATION 1. Compatible Land Use (49 U.S.C. § 47107(a)(10)) — Identify actions the Sponsor has taken to assure land uses in close proximity to the airport are compatible with normal airport operations. 2. Defaults — Confirm that Sponsor is not in default on any obligation to the United States or any agency of the United States government. 3. Possible Disabilities — Confirm that Sponsor has no facts or circumstances (i.e. legal, financial or otherwise) that might adversely affect the Sponsor in completing the project and carrying out the provisions of the associated Grant Assurances. 4. Consistency with Local Plans (49 U.S.C. § 47106(a)) — Confirm project is consistent with plans (existing at the time the project is approved) of public agencies authorized by the State in which the airport is located to plan. 5. Consideration of Local Interests (49 U.S.C. § 47106(b)) — Confirm the Sponsor has given fair consideration to the community in and near the project. 6. Consultation with Users (49 U.S.C. § 47105(a)) - Confirm the Sponsor has consulted with airport users that will be affected by the project. 7. Public Hearings (49 U.S.C. § 47106(c)) — For projects involving the location of an airport, runway or major runway extension, confirm the Sponsor: a. Provided an opportunity for a public hearing to consider economic, social and environmental effects of the project. b. Has voting representation from the communities in which the project is located; or has advised the communities that they have the right to petition the Secretary about the proposed project. 8. Air and Water Quality Standards - Confirm Sponsor will comply with applicable air and water quality standards. 9. Exclusive Rights (49 U.S.C. § 47107(a) — Identify all instances of exclusive rights to conduct aeronautical services at the airport. 10. Land (49 U.S.C. § 47106(b)) — a. Identify property interests specific to the development project and/or land acquisition. The declaration of property interest is to be based upon a title opinion submitted by an attorney. When identifying the property interest, use the same parcel numbers as used to identify the property on the associated Exhibit A property map. Example: "Sponsor maintains property interest as depicted within the property table on the Exhibit A property map dated / / originally filed with AlP Project ###." b. Complete this subpart if the Sponsor proposes a project for which they have not yet obtained appropriate property interests. Note that the work may not commence until Sponsor obtains acceptable property interests. Identify such property by parcel number that corresponds to the associated Exhibit A property map. c. Complete this subpart when acquiring property interests under the grant. Identify such property by parcel number that corresponds to the associated Exhibit A property map. FAA Form 5100-100 iii PART III — Budget Information SECTION A. GENERAL 1. Assistance Listing Number - Show the Assistance Listing Number from which the assistance is requested. 2. Functional or Other Breakout: Indicate "Airport Improvement Program". Prepare a separate set of Part III forms for other Federal program categories. SECTION B. CALCULATION OF FEDERAL GRANT When applying for a new grant, use the Total Amount Column only. Use all columns when requesting revisions of previously awarded amounts. Line 1 - Enter amounts needed for administration expenses, which may include such items as: legal fees, mailing/shipping expenses, audit fees and documented Sponsor employee time that is necessary to administer the grant. Line 2 - Enter amounts pertaining to allowable preliminary expenses. These include such expenses as independent fee estimate preparation, advertising expenses and permits. Line 3 - Enter amounts directly associated with the acquisition of land, existing structures, and related right-of-way. Line 4 - Enter fees for architectural engineering basic services. Line 5 - Enter amounts for architectural engineering special services (e.g. surveys, tests and borings). Line 6 - Enter fees for inspection, testing and monitoring of construction and related programs. Line 7 - Enter amounts associated with the development of land where the primary purpose of the grant is land improvement. Site work normally associated with major construction should be excluded from this category and shown on line 11. Line 8 - Enter the dollar amounts needed to provide relocation advisory assistance, and the net amounts for replacement (last resort) housing. Do not include relocation administration expenses on this Line; include them on Line 1. Line 9 - Enter the estimated amount of relocation payments to be made to displaced persons, business concerns, and non-profit organizations for moving expenses and replacement housing. Line 10 - Enter the cost of demolition or removal of improvements on developed land. Reduce the costs on this line by the amount of expected proceeds from the sale of salvage, if so instructed by the Federal grantor agency. Otherwise, show the proceeds on Line 15. Line 11 - Enter amounts for the actual construction of, addition to or restoration of a facility. Include in this category the amounts of project improvements such as grading, drainage, paving, marking, lighting, buildings, seeding/sodding, etc. Line 12 - Enter amounts for equipment. Examples include ARFF vehicles, SRE equipment, AWOS equipment, interactive (raining, NAVAID equipment, etc.) Line 13 - Enter miscellaneous amounts for items not specifically covered by previous categories. FAA Form 5100-100 iv Line 14 - Enter the sum of Lines 1-13. Line 15 - Enter the estimated amount of program income that will be earned during the grant period and applied to the program. Examples include vehicle trade-in value, sale of millings resulting from project, credits passed on from contractor, etc. This line may be used to indicate applied liquidated damages. Line 16 - Enter the difference between Line 14 and Line 15. Line 17 - Enter the aggregate amount for those items, which are a part of the project but not subject to Federal participation. Refer to Section C, exclusions. Line 18 — Enter the subtotal sum of Lines 16 and 17. (This is the amount to which the matching share ratio prescribed in program legislation is applied.) Line 19 - Indicate the total amount of the Federal assistance requested. This value is determined by multiplying the grant participation rate by the amount indicated in line 18. Line 20 — Indicate the amount of the Grantee's share (from Section D). Line 21 — Indicate the amount of other shares (from Section D) Line 22 — Indicate sum of Lines 19, 20 and 21. SECTION C. EXCLUSIONS Line 23 a-g - Identify and list those costs which are part of the project cost but are not subject to Federal participation because of program legislation or Federal grantor agency instructions. The total amount on Line g should agree with the amount shown on Line 17 of Section B. SECTION D. PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE Line 24 a-g - Show the source of the grantee's share. If cash is not immediately available, specify the actions completed to date and those actions remaining to make cash available under Section E - Remarks. Indicate also the period of time that will be required after execution of the grant agreement to obtain the funds. If there is a non -cash contribution, explain what this contribution will consist of. Line 24h - Indicate total of Lines 24 a-g. This amount must equal the amount in Section B, Line 20. Line 25a - Show the amount that will be contributed by a State or state agency, only if the applicant is not a State or state agency. If there is a non -cash or other contribution, explain what the contribution will consist of under Section E - Remarks. Line 25b - Show the amount that will be contributed from other sources. If there is a non -cash contribution, explain what the contribution will consist of under Section E - Remarks. Line 25c - Show the total of Lines 28a and 28b. This amount must be the same as the amount shown in Section B, Line 21. Line 26 - Enter the totals of Lines 24h and 25c. SECTION E. OTHER REMARKS Make any remarks pertinent to the project and provide any other information required by these instructions or the grantor agency. Attach additional sheets, if necessary. FAA Form 5100-100 v PART IV — Program Narrative Prepare the program narrative statement in accordance with the following instructions for all new grant programs. Requests for supplemental assistance should be responsive to Item 5b only. Requests for continuation or refunding or other changes of an approved protect should be responsive to Item 5c only. 1. OBJECTIVES AND NEED FOR THIS ASSISTANCE Provide a short and concise description of the proposed improvement. Include a narrative on why this improvement is needed. 2. RESULTS OR BENEFITS EXPECTED Identify results and benefits to be derived. For example, include a description of who will occupy the facility and show how the facility will be used. For land acquisition or development projects, explain how the project will benefit the public. 3. APPROACH a. Outline a plan of action pertaining to the scope and detail of how the Sponsor proposes to accomplish the work. b. Cite factors, which might accelerate or decelerate the work, and your reason for taking this approach as opposed to others. Describe any unusual features of the project such as construction approach, reductions in cost or time or extraordinary social and community involvements. c. Provide projections of project milestone dates. As a minimum, identify target dates for defining project costs (i.e. bid opening or completion of negotiations), anticipated issuance of notice -to - proceed and anticipated project completion date. d. Identify monitoring and oversight mechanisms the Sponsor proposes to implement. e. List key individuals and entities such as consultant, Sponsor personnel and contractor who will work on the project. Provide a short description of the nature of their effort or contribution. 4. GEOGRAPHIC LOCATION Identify location of the project. This will typically be the name of the airport. 5. IF APPLICABLE, PROVIDE THE FOLLOWING INFORMATION: a. b. c. Describe the relationship between this project and other work planned, anticipated or underway under the Federal Assistance listed under Part II, Section A, Item 5. Explain the reason for all requests for supplemental assistance and justify the need for additional funding. If there have been significant changes in the project objectives, location, approach or time delays, explain and justify. For other requests for changes or amendments, explain the reason for the change(s). If the scope, budget, or objectives have changed or an extension of time is necessary, explain the circumstances and justify. 6. SPONSOR'S REPRESENTATIVE Identify contact information of Sponsor's representative. FAA Forth 5100-100 0 U.S. Department of Transportation Federal Aviation Administration OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 12/31/2026 Application for Federal Assistance (Development and Equipment Projects) PART II — PROJECT APPROVAL INFORMATION Part II - SECTION A The term "Sponsor" refers to the applicant name provided in box 8 of the associated SF-424 form. Item 1. Does Sponsor maintain an active registration in the System for Award Management (www.SAM.gov)? El Yes No Item 2. Can Sponsor commence the work identified in the application in the fiscal year the 0 0 El grant is made or within six months after the grant is made, whichever is later? Yes No N/A Item 3. Are there any foreseeable events that would delay completion of the project? If yes, 0 Yes IZI No 0 N/A provide attachment to this form that lists the events. Item 4. Will the project(s) covered by this request have impacts or effects on the environment that require mitigating measures? If yes, attach a summary listing of El Yes 0 No 0 N/A mitigating measures to this application and identify the name and date of the environmental document(s). Item 5. Is the project covered by this request included in an approved Passenger Facility Charge (PFC) application or other Federal assistance program? If yes, please 0 Yes No 0 N/A identify other funding sources by checking all applicable boxes. 0 The project is included in an approved PFC application. If included in an approved PFC application, does the application only address AIP matching share? 0 Yes 0 No El The project is included in another Federal Assistance program. Its CFDA number is below. Item 6. Will the Federal include Sponsor indirect requested assistance costs as described in 2 CFR Appendix VII to Part 200, States Local Government Indian Tribe Yes [E] No • N/A and and Indirect Cost Proposals? If the request for Federal assistance includes a claim for allowable indirect costs, select the applicable indirect cost rate the Sponsor proposes to apply: El De Minimis rate of 10% as permitted by 2 CFR § 200.414. El Negotiated Rate equal to % as approved by (the Cognizant Agency) on (Date) (2 CFR part 200, appendix VII). Note: Refer to the instructions for limitations of application associated with claiming Sponsor indirect costs. FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 1 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 12131/2026 PART II - SECTION B Certification Regarding Lobbying The declarations made on this page are under the signature of the authorized representative as identified in box 21 of form SF-424, to which this form is attached. The term "Sponsor' refers to the applicant name provided in box 8 of the associated SF-424 form. The Authorized Representative 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 Sponsor, to any person for influencing or attempting to influence an officer or employee of an 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 Authorized Representative shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The Authorized Representative shall require that the language of this certification be included in the award documents for all sub -awards 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. FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 2 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 12/31/2026 PART II — SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use — The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The City has implemented land use criteria and an airport overlay zone that helps to ensure compatible land use adjacent to the airport. See ALP land use drawing. 2. Defaults — The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: None 3. Possible Disabilities — There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of the Grant Assurances, either by limiting its legal or financial ability or otherwise, except as follows: None 4. Consistency with Local Plans — The project is reasonably consistent with plans existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. Yes, this plan is consistent with state and local plans. 5. Consideration of Local Interest — It has given fair consideration to the interest of communities in or near where the project may be located. Yes 6. Consultation with Users — In making a decision to undertake an airport development project under Title 49, United States Code, it has consulted with airport users that will potentially be affected by the project (§ 47105(a)(2)). Yes, as a part of the public process during the last ALP and Master Plan update. 7. Public Hearings — In projects involving the location of an airport, an airport runway or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. NA 8. Air and Water Quality Standards — In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable and air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. NA FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 3 of 7 OMB CONTROL NUMBER: mm0-056e OMB EXPIRATION DATE: 12/31/2026 PART 11 — SECTION C (Continued) 9. Exclusive Rights—There|ono grant of an exclusive right for the conduct ofany aeronautical activity at any airport owned cvcontrolled bythe Sponsor except mmfollows: None, there is no grant of an exclusive right at Yakima Air Terminal - McAllister Field. 1O.Land —(o)The sponsor holds the following property interest |nthe following areas ofland, which are hobmdeveloped or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A".[1] The City ofYakima imthe sole property owner ofthe airport. The land interests owned bythe sponsor are shown onthe current "Exhibit A"dated October 2O2Uthat ioonfile with the FAA SEA ADO. The Sponsor further certifies that the above is based on a title examination byoqualified attorney or title company and that such attorney ortitle company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [1] NA (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land which are to be developed as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A". [11 NA ` State the character cfproperty interest ineach area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas ofland need only be identified here by the area numbers shown on the property map. FAA Form 51mm00(1o4)SUPERSEDES PREVIOUS EDITION Page 4vxr OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 12/31/2026 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A —GENERAL 1. Assistance Listing Number: 2. Functional or Other Breakout: 20.106 Airport Improvement Program SECTION B — CALCULATION OF FEDERAL GRANT Cost Classification Latest Approved Amount (Use only for revisions) Adjustment + or (-) Amount (Use only for revisions) Total Amount Required 1. Administration expense $ 10,000 2. Preliminary expense 4,500 3. Land, structures, right-of-way 4. Architectural engineering basic fees 482,706 5. Other Architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 729,003 12. Equipment 13. Miscellaneous 14. Subtotal (Lines 1 through 13) $ 1,226,209 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 1,226,209 17. Less: Ineligible Exclusions (Section C, line 23 g.) 18. Subtotal (Lines 16 through 17) $ 1,226,209 19. Federal Share requested of Line 18 1,164,899 20. Grantee share 61,310 21. Other shares 0 22. TOTAL PROJECT (Lines 19, 20 & 21) $ 1,226,209 FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 5 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 12/31/2026 SECTION C — EXCLUSIONS 23. Classification (Description of non -participating work) Amount Ineligible for Participation a. n/a b. c. d. e. f. g. Total SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 24. Grantee Share — Fund Categories Amount a. Securities $ 0 b. Mortgages 0 c. Appropriations (by Applicant) 61,310 d. Bonds 0 e. Tax Levies 0 f. Non -Cash 0 g. Other (Explain): 0 h. TOTAL - Grantee share $ 61,310 25. Other Shares Amount a. State 0 b. Other 0 c. TOTAL - Other Shares $ 0 26. TOTAL NON-FEDERAL FINANCING $ 0 SECTION E — REMARKS (Attach sheets if additional space is required) Construction Phase 3: 50% of the construction cost and construction management fees of the east side baggage claim lobby/area, restrooms, addition of a family restroom, and family lobby renovations. FAA Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 6 of 7 OMB CONTROL NUMBER: 2120-0569 OMB EXPIRATION DATE: 12/31/2026 PART IV — PROGRAM NARRATIVE (Suggested Format) PROJECT: 3-53-0089-062-2025 AIRPORT: YKM McAllister Field 1. Objective: The YKM terminal was constructed in the '50s and is in dire need of modemization due to dilapidated/antiquated infrastructure, lack of proper safety/security standards, and shortfall in building/energy and accessibility codes. The project will include 50% of the phase 3 construction cost and construction management services to construct the YKM Terminal east side baggage claim lobby, restrooms, family restroom and lobby improvements. The result will modemize the restrooms, family lobby and baggage claim area to improve public access, security and accessibility (ADA). 2. Benefits Anticipated: Improve security, accessibility (ADA) public access, and resilience between the airside and public areas of the east side terminal. This project will enhance passenger experience through restroom upgrades, baggage claim lobby upgrades, and an addition of a family restroom. 3. Approach: (See approved Scope of Work in Final Application) An environmental Categorical Exclusion was issued by the FAA in January of 2022. Phase 1A,the first phase of construction, will be evaluated and designed from January 2024 to Fall 2024. The second phase of construction includes procuring baggage claim equipment and construction management for equipment installation. Third phase of construction includes 50% of the construction cost and construction management for east side terminal baggage claim areas and restrooms. The second and third phases of construction will occur from June 2025 through December of 2025 .Construction will commence as soon as contracts are in place between the City of Yakima and the apparent low bidder. The construction contract for phase 2 and 3 is anticipated to be fully executed May 2025. 4. Geographic Location: Yakima, Washington 5. If Applicable, Provide Additional Information: Yakima Air Terminal - McAllister Field 6. Sponsor's Representative: (include address & telephone number) Ms. Victoria Baker, City Manager 509 575 6000 City of Yakima 129 North Second Street, Yakima, WA 98901 FM Form 5100-100 (1/24) SUPERSEDES PREVIOUS EDITION Page 7 of 7 e U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-145, FAA Title VI Pre -Grant Award Checklist Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524 Instructions for Form 5100-145, FAA Title VI Pre -Grant Award Checklist This Checklist must be completed and submitted by the sponsor as a part of each FAA grant application. "Yes" responses mean that the sponsor is currently in compliance or has a corrective action plan approved by the FM Office of Civil Rights (FAA) to come into compliance. "No" responses mean there is a potential compliance issue. Compliance issues will be brought to the attention of the FAA to determine if corrective actions are necessary. If there are any questions, please contact ACR-4-TitleVI(faa.gov. References to "Title VI" in this checklist include Title VI of the Civil Rights Act of 1964 and related authorities that expand or clarify nondiscrimination protections in FAA assisted programs, identified in FAA Order 1400.11 [https://www.faa.gov/regulations_policies/orders_notices/index.cfm/go/document.current/docum entNumber/1400.11]. FAA Form 5100-145 (2/24) U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION FAA Title VI Pre -Grant Award Checklist OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 12/31/2026 Submission information Submission date (Pick a date): Name of airport sponsor: City of Yakima Submitter's name: Victoria Baker Title: City Manager Phone number: 509.575.6000 Section 1: Questions Concerning Prior Approval of Title VI Program By selecting "Yes" below, the sponsor certifies that the following documents were provided to, and approved by, the FAA Office of Civil Rights, and documentation of FAA's approval has been received by the sponsor. The FAA Office reviewing this grant application will confirm the FAA's approval of the documents in this Section prior to approving the grant application. A sponsor that has both a Title VI* Plan and a Community Participation Plan, both of which are approved by the FAA and current, and has already received approval for the information outlined in this Checklist, does not need to complete the remaining questions in Sections 2 and 3 of this Checklist. This information is required based on DOT Order 1000.12C, Ch. II, Secs. 3 and 4 [https://www.tra nsportation. gov/mission/us-department-transportation-title-vi-program]. FM Form 5100-145 (2/24) Page 1 of 8 Criterion Notes Response Comments 1.1 The sponsor has a written Title VI Plan, approved by the FAA Office of Civil Rights, and subsequently adopted by the recipient, and documentation of the approval and adoption. Sponsors must develop and adopt a Title VI Plan that outlines the recipient's measures to ensure compliance with Title VI. A current Title VI Plan on file with the FAA is sufficient if the Plan is no more than 3 years old. If the sponsor does not have an approved Title VI Plan, select "No" and complete Sections 2 and 3 of this Checklist. El Yes El No 1.2 The sponsor has a written Community Participation Plan (CPP), or an equivalent public participation plan (PPP), and documented approval or concurrence of the plan from the FAA Office of Civil Rights. Sponsors must satisfy CPP requirements as a condition of receiving an award of federal financial assistance. To the extent the sponsor has already prepared a PPP as part of planning or other requirements of FAA or DOT, that plan or plans may satisfy the CPP requirement so long as the plan has incorporated the Title VI requirements as provided in DOT Order 1000.12C, Ch. II, Sec. 4(a-j). If the sponsor does not have an approved CPP or PPP, select "No" and answer question 3.5 in Section 3 of this Checklist. El Yes El No If the answers to 1.1 and 1.2 above are both "Yes," do not complete Sections 2 and 3. FAA Form 5100-145 (2/24) Page 2 of 8 Section 2: Questions Concerning Applicant Data By selecting "Yee below, the sponsor certifies that the following documents have been collected in its records prior to submitting this grant application and will be timely made available to FAA staff, including from the FAA Offices of Airports, Chief Counsel, and Civil Rights, upon request. "Timely available" usually means within 1 week or less, depending on the scope and circumstances. The data should already be available in a format that can be forwarded, as -is. No further data collection or summarization efforts should be necessary to respond to the request. This information is required by DOT Order 1000.12C, Ch. II, Sec. 2; 49 CFR 21.9; and FAA Order 1400.11. Criterion 2.1 The sponsor has, on file, demographic information for the surrounding community and communities otherwise affected by the sponsor's facilities and operations, including any airport noise and relocations. Notes At a minimum, data is required for race, color, national origin, and limited English proficiency (LEP) populations. The collected data must include the most current U.S. Census Bureau data, where available, such as American Community Survey data. EJScreen [wwvv.epa.goviejscreen] is a useful resource for assessing project areas. Response Comments El Yes El No 2.2 The sponsor has, on file, demographic information for beneficiaries. For example, if the applicant is an airport operator, it has collected information for its airport customers. In most cases, this type of information is available through voluntary disclosures by customers, lessees, community meeting attendees, and businesses seeking opportunities with the applicant. If not applicable or after reasonable efforts, no information was collected, respond, "Yes." ID Yes No FAA Form 5100-145 (2/24) Page 3 of 8 Criterion 2.3 The sponsor has, on file, demographic information for their staff. Notes Response Comments In most cases, this type of information is available through voluntary disclosures. See also 49 CFR § 21.5(c). If not applicable or after reasonable efforts, no information was collected, respond, "Yes." U Yes No 2.4 The sponsor has, on file, demographic information for individuals who are members of planning or advisory boards overseeing the applicant's programs, including its airport operations (if applicable). Airport sponsors, the most common FAA grant applicants, commonly have appointed boards or are overseen directly by elected bodies, such as city councils. In addition, input for specific projects or sponsor priorities is often provided by standing appointed committees. If not already available, the information can be requested on a voluntary basis. If not applicable or after reasonable efforts, no information was collected, respond, "Yes." 0 Yes ❑ No FAA Form 5100-145 (2/24) Page 4 of 8 Section 3: Questions about the Sponsor's Programs By choosing "Yes" below, the sponsor certifies that the related statements are true. This information is required by DOT Order 1000.12C, Ch. II, Secs. 2, 3, and 4. Criterion 3.1 The sponsor's programs, including any airport operations, have been evaluated for potential impact based on race, color, national origin (including limited English proficiency (LEP)), or low- income status as part of an environmental review process consistent with FAA requirements. Notes Relevant requirements include Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et seq.) ("Title VI"), DOT's Title VI regulations at 49 CFR part 21, Executive Order 12898, and DOT Order on Environmental Justice (Order 5610.2C). See Title VI of the Civil Rights Act of 1964 [www.justice.gov/crtficsiTitleV1]; 49 CFR part 21 [www.ecfr.gov] DOT Order on Environmental Justice [www.transportation.gov/transportation- policy/environmental-justice] Response LI Yes El No Comments 3.2 The sponsor has evaluated Checklist Section 2 data to identify any potential disparities based on race, color, or national origin (including LEP), as part of an analysis to identify potential discriminatory effects, consistent with FAA requirements. Relevant requirements include Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et seq.) ("Title VI"), DOT's Title VI regulations at 49 CFR part 21, Executive Order 12898, and DOT Order on Environmental Justice (Order 5610.2C). El Yes El No FM Form 5100-145 (2/24) Page 5 of 8 Criterion Notes Response Comments 3.3The sponsor has performed e ^FoupFacbor"LEPanalysis for the aponsor'aprograms, including its airport operations (if applicable), Plans and procedures and resources are in place to meet the � identified LEPneeds, consistent with the analysis, A"Yes"response means yes toboth parts Vfthe question. The LEPanalysis must beconsistent with Executive Order 131O8and DOT Policy Guidance Concerning Recipients' Responsibilities hoLEPPersons (7OFR74O87.December 14. 20O5). See OOT`aLEPGuidance [h#ps�//wvvw.tnansportaUon.gov/civU-nghts/eivi|' 3.4Ifthe sponsor isonairport sponsor, the FAA Unlawful Discrimination Poster iadisplayed at its public airport facilities, |fthe sponsor ienot onairport sponsor, huses other effective methods to inform its Customers, clients, beneficiaries, etc..that it will not discriminate based on race, color, national origin (including LEP).age, sex (including sexual orientation and gender idenU1y).orcreed, and of how to file a complaint of discrimination under Title V1 against the applicant, For airport sponsors, areas where the posters should bedisplayed include, as applicable, airport terminals, fixed base operator facilities, and e( businesses that are open hothe public and operating onairport property, such aahotels, For larger facilities, posters should be placed so that people can reasonably beexpected bosee them, nomatter where they are inthe facility. The poster . is available at Airport Civil RiWhto Proqnann-� National Airport PoUnyand Compliance [hftpa:/Axxwwv.fao.gov/about/oMiue_nr0/headquader eLoMioee/acr/con!_oi«_suppnMVnobone| eirport ou |icy_oornpUgnceD' |fapplicant isnot anairport, the method used <o inform the public must beongoing and documented. Yes No Criterion Notes Response Comments 3.5 The sponsor's practices for obtaining proactive and meaningful public participation to ensure that (1) beneficiaries, as well as contractors and sub - recipients (if applicable), are adequately informed about how programs, projects, and other activities will potentially affect them, and (2) diverse views are heard and considered throughout all stages of consultation, planning, and decision -making processes. To demonstrate compliance with Title VI, the sponsor must specifically be able to show how it affords all members of the community equal opportunity to provide input, regardless of race, color, national origin (including LEP), sex (including sexual orientation and gender identity), creed, or age, in accordance with Title VI, 49 U.S.C. § 47123, Executive Orders 12898 and 13166, DOT Order 5610.2C, and the DOT LEP guidance at 70 FR 74087. Please skip this question if the sponsor has an FAA -approved community participation plan. Yes E1 No 3.6 Detailed information for all of the sponsor's Title VI lawsuits, investigations, and complaints filed or pending within the last 2 years been uploaded to the FAA Civil Rights Connect System or sent to ACR-4-TitleV10faa.00v, with receipt acknowledged. Sponsors must provide the FAA with both the initial notifications for the individual lawsuits, investigation, and complaints, and status updates. The updates are required until at least the time of grant closeout. The updates must include at least the outcome of the lawsuits, investigation, and complaint, and confirmation for resolution of identified deficiencies. See Appendix C to 49 CFR 21, Sub -part (b)(3) [available through www.ecfr.gov]. "Title VI lawsuits, investigations, and complaints" include those alleging discrimination based on race, color, national origin (including LEP), sex (including sexual orientation and gender identity), creed or age. El Yes rj No FAA Form 5100-145 (2/24) Page 7 of 8 Criterion Notes Response Comments 3.7 Detailed information for all Title VI oversight activities (including audits, compliance reviews, and assessments for the sponsor) performed or pending within the last 2 years, has been sent to ACR-4-TitleVIt faa.vov, with receipt acknowledged. This requirement does not apply to oversight activities conducted by FAA. Sponsors must provide the FAA with both the initial notifications for the individual audits, compliance reviews, and assessment, and status updates. The updates are required until at least the time of grant closeout. The updates must include at least the outcome of the audits, compliance reviews, and assessment, and confirmation for resolution of identified deficiencies. See Appendix C to 49 CFR 21, Sub -part (b)(3) [available through www.ecfr.gov]. Q Yes • No 3.8 Detailed information for any pending grant applications with Federal agencies other than FAA identified in the grant application. The information should be included in narrative fields of the pending application. EX Yes ❑ No FAA Form 5100-145 (2/24) Page 8 of 8 STANDARD DOT TITLE VI ASSURANCES VB (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground 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 applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. Page 1 of 2 STANDARD DOT TITLE VI ASSURANCES (Continued) 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor_ DATED Victoria Baker, City Manager (Sponsor) nature of u orized t ff`icial) Pa e2of CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. REQUIRED STATEMENTS AIRPORT IMPROVEMENT PROGRAM PROJECTS AIRPORT: Yakima Air Terminal LOCATION: 2300 W Washington Avenue, Yakima Washington 98903 AIP PROJECT NO.: 3-53-0089-062-2025 STATEMENTS APPLICABLE TO THIS PROJECT a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been given to the interest of communities that are near (Exact name of airport) YKM. ® b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned land from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, or Local jurisdiction. ►:4 c. FBO COORDINATION: The airport development proposed in this project has been coordinated with the Fixed Base Operator(s) utilizing (Exact name of airport) YKM , and they have been informed regarding the scope and nature of this project. d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airport. The above statements have been duly considered and are applicable to this project. (Provide comment for any statement not checked). BY: Victoria Baker DATE: TITLE: City Manager SPONSORING AGENCY: NOTE: Where opposition is stated to an airport development project, whether expressly or by proposed revision, the following specific information concerning the opposition to the project must be furnished. a. Identification of the Federal, state, or local governmental agency, or the person or persons opposing the project b. The nature and basis of opposition; c. Sponsors plan to accommodate or otherwise satisfy the opposition; d. Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community. e. If the opponents proposed any alternatives, what these altematives were and the reason for nonacceptance; f. Sponsor's plans, if any, to minimize any adverse effects of the project; g. Benefits to be gained by the proposed development; and h. Any other pertinent information which would be of assistance in determining whether to proceed with the project. 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 of Lobby 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 subrecipents 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 certificiation shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 ft Keach such failure. Signed ponsor's Authdried Representative Title ASSURANCES AIRPORT SPONSORS A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle V11, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor"includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part nfthis Grant Agreement. B. Duration and Applicability. 1. Airport Development mnNoise Compatibility Program Projects Undertaken bymPublic Agency Sponsor. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall bespecified inthe assurances. 2. Airport Development or Noise Compatibility Projects Undertaken hyaPrivate Sponsor. The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken bymSponsor. Unless otherwise specified inthis Grant Agreement, only Assurances 1,2,3,S,6,13,18,2],Z5, 3O,32,33,34,]7,and 4OinSection Capply toplanning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue solong asthe airport ioused asanairport. Airport Sponsor Assurances (4/2025) Page I of 19 C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 2, General Federal Requirements The Sponsor 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 Grant. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Sponsor and any applicable sub -recipients. The applicable provisions to this agreement include, but are not limited to, the following: FEDERAL LEGISLATION o. 49U.S.C.subtitle \HLasamended. b. Davis'8aconAct osamended --4OU.S.C.g§ 3141-3144,3146and 3147etseq.1 c' Federal Fair Labor Standards Act —29U.S.[§ 2Q1,otseq. d. Hatch Act-5 U.S.C. g 1501, etseq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.46O1,etseq. 1'2 t National Historic Preservation Act of196G—Section 10G-54U.S.[§]O81O8.^ g. Archeological and Historic Preservation Act of1974-54U.S.[.§ 312SO1, et seq., h. Native Americans Grave Repatriation Act —25U.S.C.§3OD1,et seq. i. Clean Air Act, P.L.9O-148,ayamended —42U.S'C'§7401°etseq. j. Coastal Zone Management Act, P.L.92-583,asamended —1GU'S.[.§145l,etseq. k. Flood Disaster Protection Act of197]—Section 1O2(a)'42U.S.C.§4O12a.1 |. 4SU.S.[§3O3,(formerly known asSection 4(f)). m. Rehabilitation Act of1973-29U.S.C.g794. n. Title V1 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) (prohibits discrimination on the basis ofrace, color, national oriQin). q. &mericansvvithDivabi|itiesActof1ggO'asannended,(4IU.S.C.@12101mtseq.)(pnohibito discrimination onthe basis ofdisabi|ity). p. Age Discrimination Act qfl97S-42U.S.C.§61O1,etseq. 4 American Indian Religious Freedom Act, Pl.9S'341,asamended. r. Architectural Barriers Act of1S6Q,asamended —42U.S.[§41S1,etseq., s. Powerplant and Industrial Fuel Use Act of197B—Section 4O3-42U.S.[.§8373.1 t. Contract Work Hours and Safety Standards Act —4OU.5.C.§37O1'etseq.1 u. Copeland Anti -kickback Act —18U.S.[.§874'^ v. National Environmental Policy Act of1969-42U.S.C.§4321,etseq.1 Airport Sponsor Assurances (4/20251 Page 2 of 19 �. w. Wild and Scenic Rivers Act, RL9O-542 asamended —16U.SI.§1271,etseq. w. Single Audit Act mf1SO4-31U.SiC.g7SO1 etseq.1 y. Drug -Free Workplace Act of1988-41U'S.C.§§81O1through Q1OS. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended 6xsection 63O2ofP.L.11O-252). aa. Civil Rights Restoration Act of19Q7, P.L. 100-253. bb. Infrastructure Investment and Jobs Act, P.L. 117-58,Title V|||. cc. Build America, Buy America Act, P.L'117'58,Title IX. dd. Endangered Species Act —16U.S.C.1531,etseq. ee.Title |Xofthe Education Amendments of1972,asamended —2OU'S.[1G81-1G83and 1GQS- 1G87. ff. Drug Abuse Office and Treatment Act #f1972,asamended —21U'S.C.1101,etseq. g0. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of197O,9'L.91- G16,asamended —43U.S.[.§4541'etseq. hh.Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of197O,P.L.91- G16,asamended —42U'S.C.§4S41,etseq. ii. Appropriated Funds tuinfluence Certain Federal Contracting and Financial Transactions —31 U.S.C. § 1352. EXECUTIVE ORDERS o. Executive Order 1199O—Protection ofWetlands b. Executive Order 11980—FloodplainManagement c Executive Order 12373—Intergovernmental Review ofFederal Programs d. Executive Order 12699 —Seismic Safety of Federal and Federally Assisted New Building Construction' e' Executive Order 14005 — Ensuring the Future is Made in all of America by All of America's Workers f. Executive Order 14149 — Restoring Freedom of Speech and Ending Federal Censorship Q. Executive Order 14151 — Ending Radical and Wasteful Government DEI Programs and Prefenencin0 h. Executive Order 14164—Unleashing American Energy i. Executive Order 14168 — Defending Women from Gender Ideology Extremism and Restoring Biological Truth tothe Federal Government Executive Order 14173 — Ending Illegal Discrimination and Restoring Merit -Based Opportunity FEDERAL REGULATIONS a. 3CFRPart 180—OMB Guidelines to Agencies onGovernmentwideDebarment and Suspension (Nnnprocunenmend. b. 2CFRPart 2UOand 12O1—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 1, " c. 2CFRPart 1JOO—NonprocurementSuspension and Debarment. d. 14[FRPart 13—Investigative and Enforcement Procedures. e. 14 CFR Part 16 — Rules of Practice for Federally -Assisted Airport Enforcement Proceedings. f. 14CFRPart 15O—Airport Noise Compatibility Planning. Q. 28 CFR Part 35 — Nondiscrimination on the Basis of Disability in State and Local Government Services. k 280FR § 50.3—U�Department ofJustice Guidelines for the Enforcement ofTitle VI of the Civil Rights Act of1964. i. 29CFRPart l—Procedures for Predetermination ofWage Rates.' j. 29 CFR Part 3 — Contractors and Subcontractors on Public Building or Public Work Financed in Whole orinPart byLoans orGrants from the United States.' k. 29 CFR Part 5 — Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject tothe Contract Work Hours and Safety Standards Act).' |. 41 CFR Part 60 — Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally -assisted contracting requirements).' rn.49CFRPart 2O—New Restrictions onLobbying. n. 49 CFR Part 21 — Nondiscrimination in Federally -Assisted Programs of the Department of Transportation ' Effectuation ofTitle V|ofthe Civil Rights Act mf1964. o. 49CFRPart 23 — Participation by Disadvantage Business Enterprise in Airport Concessions. P. q. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and Federal ly-AssistmdProg,ams.1,z 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. r 49 CFR Part 27 — Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Aosistance.' x. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted bvthe Department wfTransportation. t. 49 CFR Part 30 — Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access toU.S.Contractors. u. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace (Financial Assistance). v. 49 CFR Part 37 — Transportation Services for Individuals with Disabilities (ADA). Airport Sponsor Assurances J4/20251 Page 4 of 19 w. 49 CFR Part 38 — Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles. x. 49 CFR Part 41— Seismic Safety. FOOTNOTES TO ASSURANCE (C)(1) 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. b Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. s Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this 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. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. Airport Sponsor Assurances (4/202S) Page 5 of 19 b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which 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 this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. Subject to 49 U.S.C. 47107(a)(16) and (x), it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for R. Airport Sponsor Assurances 14/2025) Page 6 of 19 residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance -Management. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program, and it assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for Airport Sponsor Assurances (4/202S) Page 7 of 19 certification of such airport under 49 U.S.C. 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this 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 Secretary 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 this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. 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 this 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. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. 3141-3144, 3146, and 3147, Public Building, Property, and Works), 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. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. 47112. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary and incorporated into this Grant Agreement. Airport Sponsor Assurances (a/202S) Page 8 of 19 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for: g. Airport Sponsor Assurances (4/202S) Page 9 of 19 1. Operating the airport's aeronautical facilities whenever required; 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under 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 sponsor 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. Airport Sponsor Assurances (4/2025) Page 10 of 19 c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non -tenants and signatory carriers and non -signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. g• It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not Airport sponsor Assurances (4/2025) Page 11 of 19 conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30,1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or Airport Sponsor Assurances (4/2025) Page 12 of 19 transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. 47107. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that: a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. Airport sponsor Assuraocef (4/2025) Page 13 of 19 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. The airport owner or operator will maintain a current airport layout plan of the airport showing: 1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; 2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; 3. the location of all existing and proposed non -aviation areas and of all existing improvements thereon; and 4. all proposed and existing access points used to taxi aircraft across the airport's property boundary. b. Subject to subsection 49 U.S.C. 47107(x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect. c. The owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration- 1. is outside the scope of the Secretary's review and approval authority as set forth in subsection (x); or 2. complies with the portions of the plan approved by the Secretary. d. When the airport owner or operator makes a change or alteration in the airport or the facilities which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary: 1. eliminate such adverse effect in a manner approved by the Secretary; or 2. bear all costs of relocating such property or its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. Airport Sponsor assurances (4/2025) Page 14 o119 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4); creed and sex per 49 U.S.C. 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant. a. Using the definitions of activity, facility, and program as found and defined in 49 CFR 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. 2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The (FSelection Criteria: Sponsor Namelj, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of Airport Sponsor Assurances (4/2025) Page 15 of 19 race, color, national origin (including limited English proficiency), creed, sex , age, or disability in consideration for an award." e. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally -assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally -assisted programs of the DOT acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex, age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. 47117(e); g• Airport Sponsor Assurances (4/2025) Page 16 of 19 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. 47114, 47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. 47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. 47114, 47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub -contract for program management, construction Airport Sponsor Assurances (4/2025) Page 17 of 19 management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33, Foreign Market Restrictions. it will not allow funds provided under this Grant to be used to fund any project which uses any product or service of 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. 34.PmNicies, Standards, and Specifications. It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA AdvisoryCirculars for A|P pro|ectoaaof[Selection Criteria: Project Application Date]. 35.Relocation and Real Property Acquisition. a. 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 anspecified inSubpart B. h. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required inSubpart Dand Eof49CFRPart 24. c. 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. 36. Access ByIntercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37,Dimadvam%mged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49[FRParts 23and 26toensure nondiscrimination inthe award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT,are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that: 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six-month period prior to the applicable due date. 40. Access to Leaded Aviation Gasoline a. If 100-octane low lead aviation gasoline (100LL) was made available at an airport, at any time during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of, or self -fueling with 100-octane low lead aviation gasoline. b. This requirement remains until the earlier of December 31, 2030, or the date on which the airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that has been authorized for use by the FAA as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston -engine aircraft and engine models; and meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the FAA. c. An airport owner or operator understands and agrees, that any violation of this grant assurance is subject to civil penalties as provided for in 49 U.S.C. § 46301(a)(8). Airport Sponsor Assurances (4/2025) Page 19 of 19 FAA Airports Current FAA Advisory Circulars Required for Use in AIP Funded, IIJA Funded, and PFC Approved Projects Updated: 03/05/2025 View current and previous versions of these ACs and any associated changes at: http://www.faa.qov/airpons/resources/advisory circulars and http://wwwJaagov/requlations policies/advisory circulars/, 1 Agogittolg. AiSSIOION 44,06,11#41e, 70/7460-1M 4,N1,towl**Mo ,,444)444410,,,toi,ir, • ,Amiwookr,,A0 „„,,,1,,e,„.0, k„, „,„ *OW 4400 404y0,10401400091V,PA**040440141**41410M,PSOVVIROORMW*Pri*SMOV 1140044000114064iNMANIN440001WWIA40104004/040041#04$44441404601WMIlksgOW ,04000,14}0:0,4,4 p0,4Wiste10401,0k0,00'14t00,10010W4V Obstruction Marking and Lighting 150/5000-9B Guidelines for the Sound Insulation of Residences Exposed to Aircraft Operations 150/5000-17 Critical Aircraft and Regular Use Determination 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070-6B, Changes 1 - 2 Airport Master Plans 150/5070-7 Change 1 150/5100-13C The Airport System Planning Process Development of State Aviation Standards for Airport Pavement Construction 150/5200-28G Notices to Airmen (NOTAMs) for Airport Operators 150/5200-30D: Changes 1 - 2 Airport Field Condition Assessments and Winter Operations Safety 150/5200-31C, Changes 1 - 2 Airport Emergency Plan 150/5200-33C Hazardous Wildlife Attractants on or near Airports 'NI grant recipients are responsible for reviewing errata sheets and addendums pertaining to these Advisory Circulars, FAA Advisory Circulars Required for Use in AIP Updated 03/05/2025 Page 1 of 5 Funded, IIJA Funded and PFC Approved Projects ARP 150/5200-34A Construction or Establishment of Landfills Near Public Airports 150/5200-38 Protocol for the Conduct and Review of Wildlife Hazard Site Visits, Wildlife Hazard Assessments, and Wildlife Hazard Management Plans 150/5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport 150/5210-7E Aircraft Rescue and Fire Fighting Communications 150/5210-13C Airport Water Rescue Plans and Equipment 150/5210-14C Aircraft Rescue Fire Fighting Equipment, Tools and Clothing 150/5210-15A 150/5210-19B Aircraft Rescue and Firefighting Station Building Design Systems for Interactive Training of Airport Personnel Driver's Enhanced Vision System (DEVs) 150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles 150/5220-16E, Change 1 Automated Weather Observing Systems (AWOS) for Non -Federal Applications 150/5220-17B Aircraft Rescue and Fire Fighting (ARFF) Training Facilities 150/5220-18A 150/5220-20A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials Airport Snow and Ice Control Equipment 150/5220-21 C Aircraft Boarding Equipment 150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns 150/5220-23A Frangible Connections 150/5220-24 150/5220-25 Airport Foreign Object Debris (FOD) Detection Equipment Airport Avian Radar Systems 150/5220-26, Changes 1 - 2 Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS- B) Out Squitter Equipment 150/5230-4C 150/5300-136, Change 1 Aircraft Fuel Storage, Handling, Training, and Dispensing on Airports Airport Design 150/5300-14D Design of Aircraft Deicing Facilities 150/5300-15A Use of Value Engineering for Engineering and Design of Airport Grant Projects FAA Advisory Circulars Required for Use in AIR Funded, IIJA Funded, and PFC Approved Projects Updated 03/05/2025 ARP Page 2 of 5 � P611 WHIP 0 General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 15085300-17C. Changel Standards for Using Remote Sensing Technologies imAirport Surveys 150/5300'186. Changel General Guidance and Specifications for Submission of Aeronautical Surveys toNGS:Field Data Collection and Geographic Information System (G|E) Standards 0/5300-19 Airport Data and Information Program 05300'20 Submission ofOn-Airport Proposals for Aeronautical Study 150/5320-5O Airport Drainage Design 150/5320-6VG Airport Pavement Design and Evaluation 1505320-12C. Changes -8 Pavement Surfaces Measurement, Construction, and Maintenance mfSkid Resistant Airport 1505320'15A Management mfAirport Industrial Waste 50/5320'17A Airfield Pavement Surface Evaluation and Rating Manuals 150/5325'46 : Runway Length Requirements for Airport Design 150/5335'5D Standardized Method ofReporting Airport Pavement Strength -PCR 150/5340'1KA. Change Standards for Airport Markings 150/5340-5D Segmented Circle Airport Marker System 50/5340'18H Standards for Airport Sign Systems 158/5340-25C Maintenance ofAirport Visual Aid Facilities 50/5340-30J Design and Installation Details for Airport Visual Aids 150/5345-3G Specification for L-821.Panels for the Control ofAirport Lighting 15015845'56 Specifications for Airport Lighting Circuit Selector Switch 150/5345-7F Specification for L824Underground Electrical Cable for Airport Lighting Circuits 0/5345'1OH Spodficaionfor Constant Current Regulators and Regulator Monitors FAA Advisory Circulars Required for Use mmP Updated o3/o5/zo n Funded, NJ^Funded, and p=CApproved Projects ARP 50/5345-12F Specification for Airport and Heliport Beacons 150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26E FAA Specification For L-823 Plug and Receptacle, Cable Connectors 50/5345-27F FAA Specification for Wind Cone Assemblies 50/5345-28H Precision Approach Path Indicator (PAPI) Systems 150/5345-39E Specification for L-853, Runway and Taxiway Retroreflective Markers 50/5345-42K Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories 50/5345-43J Specification for Obstruction Lighting Equipment 150/5345-44L Specification for Runway and Taxiway Signs 150/5345-45C Low -Impact Resistant (LIR) Structures 150/5345-46F Specification for Runway, Taxiway, Heliport, and Vertiport Light Fixtures 150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting Systems 150/5345-49D Specification L-854, Radio Control Equipment 50/5345-508 Specification for Portable Runway and Taxiway Lights 150/5345-51 B Specification for Discharge -Type Flashing Light Equipment 150/5345-52A Generic Visual Glideslope Indicators (GVGI) 150/5345-53D Airport Lighting Equipment Certification Program 150/5345-548 Specification for L-884, Power and Control Unit for Land and Hold Short Lighting Systems 0/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure 0/545-568 Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS) 150/5360-12F Airport Signing and Graphics 150/5360-13A Airport Terminal Planning 50/5360-14A Access to Airports By Individuals With Disabilities FAA Advisory Circulars Required for Use in AIP Updated 03/05/2025 Funded, IUJA Funded, and PFC Approved Projects ARP Page 4 of 5 150/5370-2G Operational Safety on Airports During Construction 150/5370-10H Standard Specifications for Construction of Airports 150/5370-11 B Use of Nondestructive Testing in the Evaluation of Airport Pavements 150/5370-13A Off -Peak Construction of Airport Pavements Using Hot -Mix Asphalt 150/5370-15B Airside Applications for Artificial Turf 150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements 150/5370-17 Airside Use of Heated Pavement Systems 150/5380-6C Guidelines and Procedures for Maintenance of Airport Pavements 150/5380-7B Airport Pavement Management Program 150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness 150/5390-2D Heliport Design 150/5395-1 B Seaplane Bases THE FOLLOWING ADDITIONAL ADVISORY CIRCULARS APPLY TO AIP AND IIJA PROJECTS ONLY 150/5100-14E, Change 1 150/5100-17, Changes 1 - 7 150/5100-21 150/5370-12B J�{rf2fss{F Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects State Block Grant Program Quality Management for Federally Funded Airport Construction Projects FAA Advisory Circulars Required for Use in AIP Updated 03/05/2025 Funded, WA Funded, and PFC Approved Projects ARP Page 5 of 5 U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-129, Construction Project Final Acceptance — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Burden Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-129 U.S. Department of Transportation Federal Aviation Administration OMB CONTROL NUMBER: 2120-058B EXPIRATION DATE: 12/31/2026 Construction Project Final Acceptance Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal ' McAllister Fiakj.YKM Project Number: 3-53-0089-062-2025 Description of Work: Construction Phase 3:50% ofthe construction cost and construction fees ofthe east side baggage claim |obby/area.neobrounno.addition cfafamily restroom, and family lobby renovations. Application 48USC §47106(d).authorizes the Secretary hnrequire mecertification from the sponsor that dwill comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program. General standards for final acceptance and close out of federally funded construction projects are in2CFR § 2OO.343—Closeout and supplemented byFAA Order 510O.38.The sponsor must determine that project costs are accurate and proper in accordance with specific requirements mfthe grant agreement and contract documents. Certification Statements Except for certification statements below marked not applicable (NVA).this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgment and confirmation ofthe certification statement. The term "wU|~means Sponsor action taken otappropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. The personnel engaged inproject administration, engineering supervision, project inspection, and acceptance testing were or will be determined to be qualified and competent to perform the work (Grant Assurance). �� F� F7 ���e� El No ��N/A 2. Construction records, including daily logs, were or will be kept by the resident engineer/construction inspector that fully document contractor's performance in complying with: o. Technical standards (Advisory Circular (AC)15U/5370-12); b. Contract requirements (3CFIRpart 2OOand FAA Order 51OO.3B);and c. Construction safety and phasing plan measures (AC 15O/537O-2). FX�Yeo [:]No F� N/A 3. All acceptance tests specified in the project specifications were or will be performed and documented. (AC 15O/537O-12). Z Yea F� No F7NN\ FAA Form 5100-129 (2124)GUPERSEDES PREVIOUS EDITION page 1of3 4. Sponsor has taken or will take appropriate corrective action for any test result outside of allowable tolerances (AC 150/5370-12). El Yes 0 No I:I N/A 5. Pay reduction factors required by the specifications were applied or will be applied in computing final payments with a summary made available to the FAA (AC 150/5370-10). ['Yes El No El N/A 6. Sponsor has notified, or will promptly notify the Federal Aviation Administration (FAA) of the following occurrences: a. Violations of any federal requirements set forth or included by reference in the contract documents (2 CFR part 200); b. Disputes or complaints concerning federal labor standards (29 CFR part 5); and c. Violations of or complaints addressing conformance with Equal Employment Opportunity or Disadvantaged Business Enterprise requirements (41 CFR Chapter 60 and 49 CFR part 26). El Yes E No El N/A 7. Weekly payroll records and statements of compliance were or will be submitted by the prime contractor and reviewed by the sponsor for conformance with federal labor and civil rights requirements as required by FAA and U.S. Department of Labor (29 CFR Part 5). El Yes El No El N/A 8. Payments to the contractor were or will be made in conformance with federal requirements and contract provisions using sponsor intemal controls that include: a. Retaining source documentation of payments and verifying contractor billing statements against actual performance (2 CFR § 200.302 and FAA Order 5100.38); b. Prompt payment of subcontractors for satisfactory performance of work (49 CFR § 26.29); c. Release of applicable retainage upon satisfactory performance of work (49 CFR § 26.29); and d. Verification that payments to DBEs represent work the DBE performed by carrying out a commercially useful function (49 CFR §26.55). El Yes E No E N/A 9. A final project inspection was or will be conducted with representatives of the sponsor and the contractor present that ensure: a. Physical completion of project work in conformance with approved plans and specifications (Order 5100.38); b. Necessary actions to correct punch list items identified during final inspection are complete (Order 5100.38); and c. Preparation of a record of final inspection and distribution to parties to the contract (Order 5100.38); 0 Yes 0 No 0 N/A 10. The project was or will be accomplished without material deviations, changes, or modifications from approved plans and specifications, except as approved by the FAA (Order 5100.38). 0 Yes 0 No 0 N/A FAA Form 5100-129 (2/24) SUPERSEDES PREVIOUS EDITION page 2 of 3 11. The construction of all buildings have complied or will comply with the seismic construction requirements of 49 CFR § 41.120. rX Yes 7 No 0 N/A 12. For development projects, sponsor has taken or will take the following close-out actions: a. Submit to the FAA a final test and quality assurance report summarizing acceptance test results, as applicable (Grant Condition); b. Complete all environmental requirements as established within the project environmental determination (Oder 5100.38); and c. Prepare and retain as -built plans (Order 5104.38). [X Yes No N/A 13. Sponsor has revised or will revise their airport layout plan (ALP) that reflects improvements made and has submitted or will submit an updated ALP to the FAA no later than 90 days from the period of performance end date. (49 USC § 47107 and Order 5100.38), [— Yes Q No 7 N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this 30 day of Lt_S+ , Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Victoria Baker Title of Sponsor's Authorized Official: Signature of Sponsor's Authorized Offic a declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-129 (2/24) SUPERSEDES PREVIOUS EDITION page 3 of 3 0 U.S. Department of Transportation Federal Aviation Administration FAA Form 5100~130,Drug~Free Workplace — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Burden Statement A federal agency may not conduct #, sponsor, and mperson isnot required torespond to, nor shall person bmsubject to a penalty for failure to comply with a collecfion of information subject to the requirements ofthe Paperwork Reduction Act unless that ool|mmU#nofinformation displays mcurrently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of informabon is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching exisfing data sources, gathering and maintaining the data needed, completing and reviewing the collecfion of information. All responses to this collection of inOonnmUonare required under 49U.S.C.Section 471O5turetain abenefit and tomeet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of informafion, including suggestions for reducing this burden to: lnformafion Collecfion Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-130 U.S. Department of Transportation Federal Aviation Administration OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 12/31/2026 Drug -Free Workplace Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal - McAllister Field, YKM Project Number. 3-53-0089-062-2025 Description of Work: Construction Phase 3: 50% of the construction cost and construction management fees of the east side baggage claim lobby/area, restrooms, addition of a family restroom, and family lobby renovations. Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug -free workplace within federal grant programs are described in 2 CFR part 182. Sponsors are required to certify they will be, or will continue to provide, a drug -free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug -Free Workplace Act of 1988. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. A statement has been or will be published prior to commencement of project notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition (2 CFR § 182.205). ❑x Yes ❑ No ❑ N/A 2. An ongoing drug -free awareness program (2 CFR § 182.215) has been or will be established prior to commencement of project to inform employees about: a. The dangers of drug abuse in the workplace; b. The sponsor's policy of maintaining a drug -free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. El Yes ❑ No ❑ N/A FAA Form 5100-130 (2/24) SUPERSEDES PREVIOUS EDITION Page 1 of 3 3. Each employee to be engaged in the performance of the work has been or will be given a copy of the statement required within item 1 above prior to commencement of project (2 CFR § 182.210). pYes No ❑N/A 4. Employees have been or will be notified in the statement required by item 1 above that, as a condition employment under the grant (2 CFR § 182.205(c)), the employee will: a. Abide by the terms of the statement; and b. 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. ® Yes ❑ No ❑ N/A 5. The Federal Aviation Administration (FAA) will be notified in writing within 10 calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction (2 CFR § 182.225). Employers of convicted employees must provide notice, including position title of the employee, to the FAA (2 CFR § 182.300). p Yes ❑ No ❑ N/A 6. One of the following actions (2 CFR § 182.225(b)) will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; and b. Require such employee to participate satisfactorily in drug abuse assistance or rehabilitation programs approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. p Yes ❑ No ❑ N/A 7. A good faith effort will be made, on a continuous basis, to maintain a drug -free workplace through implementation of items 1 through 6 above (2 CFR § 182.200). p Yes ❑ No ❑ N/A Site(s) of performance of work (2 CFR § 182.230): Location 1 Name of Location: Yakima Air Terminal - McAllister Field, YKM Address: 2300 West Washington Avenue, Yakima, WA 98903 Location 2 (if applicable) Name of Location: Address: Location 3 (if applicable) Name of Location: Address: FAA Form 5100-130 (2/24) SUPERSEDES PREVIOUS EDITION Page 2 of 3 Attach documentation clarifying any above item marked with a "No" response, Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this a ©f d yo Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Victoria Baker Title of Sponsor's Authorized Official: City Manager Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-130 (2/2.4) SUPERSEDES PREVIOUS EDITION Page 3 of 3 o U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-131, Equipment and Construction Contracts — Airport Improvement Sponsor Certification Paperwork Reduction Act Burden Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-131 U.S. Department of Transportafion Federal Aviation Administration OMB CONTROL NUMBER: 212O-056Q EXPIRATION DATE: 12/31/2026 Equipment and Construction Contracts Airport Improvement Sponsor Certification Sponsor: City ofYakima Airport-, Yakima Air Terminal ' McAllister Field, YKM Project Number: 3-53-0089-062-2025 Description ofWork: Construction Phase 3: 50%uythe construction cost and construction management fees cf the east side baggage claim lobby/anoa.nostmomm.addition cf afamily neoUoom.and family lobby renovations. Application 49USC § 471[5(d)authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Pnognom(A|P). General procurement standards for equipment and construction contracts within Federal grant programs are described in2CFR§G2OU.317-2OO.328. Labor and Civil Rights Standards applicable to the AIP are established by the Department of Labor (www.dol.gov) AIP Grant Assurance C.1—General Federal Requirements identifies all applicable Federal Laws, regulations, executive orders, policies, guidelines and requirements for assistance under the A|p. Sponsors may use state and local procedures provided the procurement conforms to these federal standards. This certification applies toall equipment and construction projects. Equipment projects may ormay not employ laborers and mechanics that qualify the project mwo"covered oontraoCunder requirements established bythe Department mfLabor requirements. Sponsor shall provide appropriate responses Uo the certification statements that reflect the character cf the project regardless ofwhether the contract im for mconstruction project mranequipment project. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements ofthe construction project. Selecting ^Yeo^represents sponsor acknowledgement and confirmation ofthe certification statement, The term ^vviU^means Sponsor action taken otappropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. A written code or standard of conduct is or will be in effect prior to commencement of the project that governs the performance of the sponsors officers, employees, or agents in soliciting, awarding and administering procurement contracts (2CFIR §2OO.3iB). 0 Yes []No []N64 FAA Form 51UU'131(2/24)SUPERSEDES PREVIOUS EDITION Page 1uf4 2. For all contracts, qualified and competent personnel are or will be engaged to perform contract administration, engineering supervision, construction inspection, and testing (Grant Assurance C.17). Yes DNo DNIA 3. Sponsors that are required to have a Disadvantage Business Enterprise (DBE) program on file with the FAA have included or will include clauses required by Title VI of the Civil Rights Act and 49 CFR Part 26 for Disadvantaged Business Enterprises in all contracts and subcontracts. Yes DNo 0 N/A 4. Sponsors required to have a DBE program on file with the FAA have implemented or will implement monitoring and enforcement measures that: a. Ensure work committed to Disadvantaged Business Enterprises at contract award is actually performed by the named DBEs (49 CFR § 26.37(b)); b. Include written certification that the sponsor has reviewed contract records and has monitored work sites for performance by DBE firms (49 CFR § 26.37(b)); and c. Provides for a running tally of payments made to DBE firms and a means for comparing actual attainments (i.e. payments) to original commitments (49 CFR § 26.37(c)). C3 Yes DNo 0 N/A 5. Sponsor procurement actions using the competitive sealed bid method (2 CFR § 200.320(c)). was or will be: a. Publicly advertised, allowing a sufficient response time to solicit an adequate number of interested contractors or vendors; b. Prepared to include a complete, adequate and realistic specification that defines the items or services in sufficient detail to allow prospective bidders to respond; c. Publicly opened at a time and place prescribed in the invitation for bids; and d. Prepared in a manner that result in a firm fixed price contract award to the lowest responsive and responsible bidder. Yes DNo N/A 6. For projects the Sponsor proposes to use the competitive proposal procurement method (2 CFR § 200.320(d)), Sponsor has requested or will request FAA approval prior to proceeding with a competitive proposal procurement by submitting to the FAA the following: a. Written justification that supports use of competitive proposal method in lieu of the preferred sealed bid procurement method; b. Plan for publicizing and soliciting an adequate number of qualified sources; and c. Listing of evaluation factors along with relative importance of the factors. Yes DNo E3 N/A 7. For construction and equipment installation projects, the bid solicitation includes or will include the current federal wage rate schedule(s) for the appropriate type of work classifications (2 CFR Part 200, Appendix II). Ei Yes ONo N/A FAA Form 5100-131 (2/24) SUPERSEDES PREVIOUS EDITION Page 2 of 4 8. Concurrence was urwill beobtained from the Federal Aviation Administration (FAA)prior hu contract award under any ofthe following circumstances (Order 51OD.38D): o. Only one qualified person/firm submits mresponsive bid; b. Award iatobemade boother than the lowest responsible bidder; and c. Life cycle costing \mofactor inselecting the lowest responsive bidder. 19Yes ONo ONN\ G. All construction and equipment installation contracts contain or will contain provisions for: m. Access toRecords (§ 200.336) b. Buy American Preferences (Ti*e4SU.S.C. §GO1O1) c Civil Rights - General Provisions and Title V|Assurances( 41CFRpart 8O) d. Federal Fair Labor Standards (2GU.8.C.§201.etomq) n' Occupational Safety and Health Act requirements (2OCFRpart 1S2O) t Seismic Safety — building omnabuoUmn(49CFIRpart 41) Q. State Energy Conservation Requirements - as applicable(2 CFR part 200, Appendix 11) h. U.S.Trade Restriction (40CFRpart 30) |. Veterans Preference (4SUSC§47112(c)) 0Ymm [] No []N/A 10. All construction and equipment installation contracts exceeding $2,000 contain or will contain the provisions established by: m. Davis -Bacon and Related Acts (29CFRpart 6) b. Copeland "Amdi-Kinkhach^Act (2SCFIRparts 3and 5) 9 Yee [] No []N/A 11. All construction and equipment installation contracts exceeding $3,000 contain or will contain a contract provision that discourages distracted driving (EO. 13513). 0 Yew [] No []N/A 12. All contracts exceeding $10.0O0contain orwill contain the following provisions aoapplicable: e. Construction and equipment installation projects - Applicable clauses from 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity; b. Construction and equipment installation - Contract Clause prohibiting segregated facilities inaccordance with 41 CFRpad 60'1.8; o. Requirement tomaximize use nfproducts containing recovered materials inaccordance with 2CFR §2O0.3D2and 4OCFRpart 247; and d. Provisions that address termination for cause and termination for convenience (2CFRPart 2OO.Appendix ||). QQYes ONo ON/A FAA Form 51OO'131(2/24)SUPERSEDES PREVIOUS EDITION Page 3of4 13. All contracts and subcontracts exceeding $25,000: Measures are in place or will be in place (e.g. checking the System for Award Management) that ensure contracts and subcontracts are not awarded to individuals or firms suspended, debarred, or excluded from participating in federally assisted projects (2 CFR parts 180 and 1200). O Yes ❑ No D N/A 14. Contracts exceeding the simplified acquisition threshold (currently $250,000) include or will include provisions, as applicable, that address the following: a. Construction and equipment installation contracts - a bid guarantee of 5%, a performance bond of 100%, and a payment bond of 100% (2 CFR § 200.325); b. Construction and equipment installation contracts - requirements of the Contract Work Hours and Safety Standards Act (40 USC 3701-3708, Sections 103 and 107); c. Restrictions on Lobbying and Influencing (2 CFR part 200, Appendix II); d. Conditions specifying administrative, contractual and legal remedies for instances where contractor of vendor violate or breach the terms and conditions of the contract (2 CFR §200, Appendix I1); and e. All Contracts - Applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 7401-7671q), Section 508 of the Clean Water Act (33 USC 1251-1387, and Executive Order 11738. Yes D No ❑ N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. Executed on this aQ day of Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Victoria Baker Title of Sponsor's Authorized Official: City Manage Signature of Sponsors Authorized Offic I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both.. FAA Form 5100-131 (2/24) SUPERSEDES PREVIOUS EDITION Page 4 of 4 U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-132, Project Plans and Specifications — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-132 U.S. Department of Transportation Federal Aviation Administration OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 12/31/2026 Project ^ect Plans and ^ Airport Improvement Program SponsorCertification Sponsor: City of Yakima Airport: Yakima Air Terminal ' McAllister Field, YKM Project Number: 3-53-0089'082'2025 Description ofWork: Construction Phase 3: 50% of the construction cost and construction management fees of the east side baggage claim lobby/area, restrooms, addition of a family restroom, and family lobby renovations. Application 49UGC §471O5(d)authorizes the Secretary to require certification from the sponsor that itwill comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). Labor and civil rights standards applicable to AIP are established by the Department of Lobor(vm^wv.do|.Qov/). AIP Grant Assurance CA —General Federal Requirements identifies applicable federal laws, regulations, executive orders, policies, guidelines and requirements for assistance under A|P. A list of current advisory circulars with specific standards for procurement, design or construction of airports, and installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34contained inthe grant agreement. Certification Statements Except for cwrtifiomUonstatements below marked omnot applicable (N/A).this list includes major requirements of the construction project. Selecting 'Yes" represents sponsor acknowledgement and confirmation ofthe certification statement. The term ^wiU~means Sponsor action taken atappropriate time based on the certification statement focus area, but no later than the end of the projectpehodcf performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. The plans and specifications were wrwill beprepared inaccordance with applicable federal standards and requirements, so that no deviation or modification to standards set forth In the advisory circulars, or FAA -accepted state standard, is necessary other than those explicitly approved bythe Federal Aviation Administration (FA\)(14USC§471O5). 9 Yes []No []N/A 2. Specifications incorporate o,will incorporate mclear and accurate description mfthe technical requirement for the material or product that does not contain limiting or proprietary features that FAA Form 51V0'132(204) SUPERSEDES PREVIOUS EDITION Page Imo 3. The development that is included or will be included in the plans is depicted on the current airport layout plan as approved by the FAA (14 USC § 47107). CI Yes 0 No 0 N/A 4. Development and features that are ineligible or unallowable for AIP funding have been or will be omitted from the plans and specifications (FAA Order 5100.38, par. 3-43). O Yes 0 No 0 N/A 5. The specification does not use or will not use "brand name" or equal to convey requirements unless sponsor requests and receives approval from the FAA to use brand name (FAA Order 5100.38, Table U-5). 111 Yes 0 No 0 N/A 6. The specification does not impose or will not impose geographical preference in their procurement requirements (2 CFR §200.319(b) and FAA Order 5100.38, Table U-5). O Yes 0 No 0 N/A 7. The use of prequalified lists of individuals, firms or products include or will include sufficient qualified sources that ensure open and free competition and that does not preclude potential entities from qualifying during the solicitation period (2 CFR §319(d)). 11 Yes 0 No 0 N/A 8. Solicitations with bid alternates include or will include explicit information that establish a basis for award of contract that is free of arbitrary decisions by the sponsor (2 CFR § 200.319(a)(7)). O Yes 0 No 0 N/A 9. Concurrence was or will be obtained from the FAA if Sponsor incorporates a value engineering clause into the contract (FAA Order 5100.38, par. 3-57). El Yes 0 No 0 N/A 10. The plans and specifications incorporate or will incorporate applicable requirements and recommendations set forth in the federally approved environmental finding (49 USC §47106(c)). N Yes 0 No 0 N/A 11. The design of all buildings comply or will comply with the seismic design requirements of 49 CFR § 41.120. (FAA Order 5100.38d, par. 3-92) El Yes 0 No 0 N/A 12. The project specification include or will include process control arid acceptance tests required for the project by as per the applicable standard: a. Construction and installation as contained in Advisory Circular (AC) 150/5370-10. 0 Yes 0 No El N/A FAA Form 5100-132 (2/24) SUPERSEDES PREVIOUS EDITION Page 2 of 3 b. Snow Removal Equipment as contained in AC 150/5220-20. ❑ Yes ❑ No ® N/A. c, Aircraft Rescue and Fire Fighting (ARFF) vehicles as contained in AC 150/5220-10. ❑ Yes ❑ No ® N/A 13. For construction activities within or near aircraft operational areas(AOA): a. The Sponsor has or will prepare a construction safety and phasing plan (CSPP) conforming to Advisory Circular 150/5370-2. b. Compliance with CSPP safety provisions has been or will be incorporated into the plans and specifications as a contractor requirement. c. Sponsor will not initiate work until receiving FAA's concurrence with the CSPP (FAA Order 5100.38, Par. 5-29). ®Yes ID No ❑N/A 14, The project was or will be physically completed without federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design (49 USC §47110(b)(1) and FAA Order 5100.38d, par. 3-100). p Yes ❑ No ❑ N/A Attach documentation clarifying any above item marked with "No" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" s correct and complete. Executed on this a�� day of -ap'D5 Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Victoria Baker Title of Sponsor's Authorized Official: City Manager Signature of Sponsor's Authorized Offici I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both, FAA Form 5100-132 (2/24) SUPERSEDES PREVIOUS EDITION Page 3 of 3 Airport/Sponsor: AIP #: TITLE VI PRE -AWARD SPONSOR CHECKLIST City of Yakima, Yakima Air Terminal — McAllister Field, YKM 3-53-0089-062-2025 Project Description(s): Construction Phase 3: 50% of the construction cost and construction management fees of the east side baggage claim lobby/area, restrooms, addition of a family restroom, and family lobby renovations. Please describe any of the following IF they apply to your project: Title VI issues raised at public hearing(s) and the conclusions made; EIS data concerning the race, color, or national origin of the affected community; steps taken or proposed to guard against unnecessary impact on persons on the basis of race, color or national origin. C1 None Please list any airport related Title VI lawsuits or complaints filed in the preceding year against the sponsor. Include a summary of the findings. Lj None (If "None", continue with questions 3 and 4). Please list any current applications for federal funding (other than FAA) of airport related projects which exceed the amount for this grant. None 4) Please list any airport related Title VI compliance review(s) received by the sponsor in the preceding two years. Include who conducted the review and any findings of noncompliance. ( None ecompleted by theCi it Rights Review completed and approved: Date: 4' This checklist is only required for projects that involve one of the following: Environmental Assessment or Impact Statement (EIS); airport or runway relocation; major runway extension; relocation of any structure of person; or impact to access or preservation of any burial ceremonial or other sacred or historical structures or lands of any indigenous or ethnic population, Return to: FAA, Civil Rights, Northwest Mountain Region; 1601 Lind Ave. SW; Renton, WA 98057-3356. FAX: (425) 227-1009 Phone (425) 227-2009 0 U.S. Department of Transportation Federal Aviation Administration FAA Form 5100-134, Selection of Consultants — Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement Afederal agency may not conduct or sponsor, and aperson ksnot required &orespond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements ofthe Paperwork Reducbon Act unless that collection ofinformation displays acurrently valid OMB Control Number. The OMB Control Number for this informafion collection is 2120-0569. Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the fime for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection ofinfommoUon. including suggesUpna for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hi|kwopdParkway, Fort Worth, TX 76177-1524. FAA Form 5100-134 0 U.S. Department of Transportation Federal Aviation Administration OMB CONTROL NUMBER: 2120-0569 EXPIRATION DATE: 12/31/2026 Selection of Consultants Airport Improvement Program Sponsor Certification Sponsor: City Of Yakima Airport: Yakima Air Terminal - McAllister Field, YKM Project Number: 3-53-0089-062-2025 Description of Work: Construction Phase 3: 50% of the construction cost and construction management fees of the east side baggage claim lobby/area, restrooms, addition of a family restroom, and family lobby renovations. Application 49 USC § 47105(d) authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements for selection of consultant services within federal grant programs are described in 2 CFR §§ 200.317-200.326. Sponsors may use other qualifications -based procedures provided they are equivalent to standards of Title 40 chapter 11 and FAA Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. Certification Statements Except for certification statements below marked as not applicable (N/A), this list includes major requirements of the construction project. Selecting "Yes" represents sponsor acknowledgement and confirmation of the certification statement. The term "will" means Sponsor action taken at appropriate time based on the certification statement focus area, but no later than the end of the project period of performance. This list is not comprehensive and does not relieve the sponsor from fully complying with all applicable statutory and administrative standards. The source of the requirement is referenced within parenthesis. 1. Sponsor acknowledges their responsibility for the settlement of all contractual and administrative issues arising out of their procurement actions (2 CFR § 200.318(k)). 0 Yes 0 No 0 N/A 2. Sponsor procurement actions ensure or will ensure full and open competition that does not unduly limit competition (2 CFR § 200.319). 10 Yes 0 No 0 N/A 3. Sponsor has excluded or will exclude any entity that develops or drafts specifications, requirements, or statements of work associated with the development of a request -for - qualifications (RFQ) from competing for the advertised services (2 CFR § 200.319). 0 Yes 0 No 0 N/A FM Form 5100-134 (2/24) SUPERSEDES PREVIOUS EDITION Page 1 of 3 4. The advertisement describes or will describe specific project statements -of -work that provide clear detail of required services without unduly restricting competition (2 CFR § 200.319). 0 Yes 0 No 0 N/A 5. Sponsor has publicized or will publicize a RFQ that: a. Solicits an adequate number of qualified sources (2 CFR § 200.320(d)); and b. Identifies all evaluation criteria and relative importance (2 CFR § 200.320(d)). 0 Yes 0 No 0 N/A 6. Sponsor has based or will base selection on qualifications, experience, and disadvantaged business enterprise participation with price not being a selection factor (2 CFR § 200.320(d)). [gI Yes 0 No 0 N/A 7. Sponsor has verified or will verify that agreements exceeding $25,000 are not awarded to individuals or firms suspended, debarred or otherwise excluded from participating in federally assisted projects (2 CFR §180.300). 0 Yes 0 No 0 N/A 8. NE services covering multiple projects: Sponsor has agreed to or will agree to: a. Refrain from initiating work covered by this procurement beyond five years from the date of selection (AC 150/5100-14); and b. Retain the right to conduct new procurement actions for projects identified or not identified in the RFQ (AC 150/5100-14). 1:1 Yes 0 No 0 N/A 9. Sponsor has negotiated or will negotiate a fair and reasonable fee with the firm they select as most qualified for the services identified in the RFQ (2 CFR § 200.323). 0 Yes 0 No 0 N/A 10. The Sponsor's contract identifies or will identify costs associated with ineligible work separately from costs associated with eligible work (2 CFR § 200.302). El Yes 0 No 0 N/A 11. Sponsor has prepared or will prepare a record of negotiations detailing the history of the procurement action, rationale for contract type and basis for contract fees (2 CFR §200.318(i)). [3 Yes [3 No 0 N/A 12. Sponsor has incorporated or will incorporate mandatory contact provisions in the consultant contract for AIP-assisted work (49 U.S.C. Chapter 471 and 2 CFR part 200 Appendix II) CI Yes 0 No 0 N/A FAA Form 5100-134 (2/24) SUPERSEDES PREVIOUS EDITION Page 2 of 3 13. For contracts that apply a time -and -material payment provision (also known as hourly rates, specific rates of compensation, and labor rates), the Sponsor has established or will establish: a. Justification that there is no other suitable contract method for the services (2 CFR §200.318(j)); b. A ceiling price that the consultant exceeds at their risk (2 CFR §200.318(j)); and c, A high degree of oversight that assures consultant is performing work in an efficient manner with effective cost controls in place 2 CFR §200.318(j)). ® Yes C1 No Cp N/A 14, Sponsor is not using or will not use the prohibited cost -plus -percentage -of -cost (CPPC) contract method. (2 CFR § 200,323(d)). © Yes p No © NIA Attach documentation clarifying any above item marked with "no" response. Sponsor's Certification I certify, for the project identified herein, responses to the forgoing items are accurate as marked and additional documentation for any item marked "no" is correct and complete. I declare under penalty of perjury that the foregoing is true and correct, l understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. Executed on this aO day of 1.( - , s Name of Sponsor: City of Yakima Name of Sponsor's Authorized Official: Victoria Baker Title of Sponsor's Authorized Official: City Manager Signature of Sponsor's Authorized Official: I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and. willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. FAA Form 5100-134 (2f24) SUPERSEDES PREVIOUS EDITION Page 3 of 3 0 U.S. Department of Transportation Federal Aviation Administration FAA Form 5100.135,Certificat^on and Disclosure Regarding Potential Conflicts of UU0terest-~ Airport Improvement Program Sponsor Certification Paperwork Reduction Act Statement f`federal agency may not conduct o,sponsor, and operson imnot required torespond to, nor shall a person be subject to a penalty for failure to comply wfth a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB Control Number for this information collection is 2120-0569.Puh|io reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Cffimar,Federal Aviation Administration, 1Oi01Hi|kmmmdParkway, Fort Worth, TX 76177-1524. FAA Form 5100-135 U.S. Department of Transportation pwuw=l Aviation Administration EXPIRATION DATE: 12131/2026 OMB CONTROL NUMBER: 2120-05GH Certification and Disclosure Regarding Potential Conflicts of Interest Airport Improvement Program Sponsor Certification Sponsor: City of Yakima Airport: Yakima Air Terminal ' McAllister Field, YKM Project Number: Description ofWork: Construction Phase 3:5D%ofthe construction cost and construction management fees of the east side baggage claim lobby/area, restrooms, addition of a family restroom, and family lobby renovations. Application Tdle2CFRG2DD.112mnd§12O1.112oddroomFwdenNAviaUonAdmhnistnation(FAA)requirement for conflict of interest. As a condition of eligibility under the Airport Improvement Program (AIP), sponsors must comply with FAA policy mnconflict ofinterest. Such oconflict would arise when any ofthe following have ofinancial orother interest inthe firm selected for award: n) The employee, officer oragent, b) Any member oyhis immediate family, o) His orher partner, or d) An organization which employs, or is about to employ, any of the above. Selecting "Yes^represents sponsor orsub-recipient acknowledgement and confirmation of the certification statement. Selecting "No" represents sponsor or sub -recipient disclosure that it cannot fully comply with the certification statement. If "No" is selected, provide support information explaining the negative response as an attachment to this form. This includes whether the sponsor has established standards for financial interest that are not substantial o,unsolicited gifts are ofnominal value (2 CFR § 200.318(c)). The term "will" means Sponsor action taken at appropriate time based on the cerdfication statement focus area, but nolater than the end of the project period ofperformance. Certifl�:mtiomSta0enmmn%s 1.The sponsor or sub -recipient maintains owritten standards of conduct governing conflict of interest and the performance oftheir employees engaged inthe award and administration of contracts (3CFR§2OO.31G(c)).Tothe extent permitted bvstate orlocal law orregulations, such standards of conduct provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the sponsor's and sub -recipient's officers, employees, or agents, or by contractors ortheir agents. [@Yes []No FAA Form 510A35 (2/24)SUPERSEDES PREVIOUS EDITION Page 1of 2 2. The sponsor's or sub -recipient's officers, employees or agents have not and will not solicit or accept gratuities, favors oranything cfmonetary value from oontractors, potential oontructors, or parties to sub -agreements (2 CFR§2O0.31G(o)). 3. The sponsor or sub -recipient certifies that is has disclosed and will disclose to the FAA any known potential conflict ufinterest (2CFR §120O'112). nxYen El No Attach documentation clarifying any above item marked with ^no -response. Sponsm/sCwrtificatiwn I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have the explanation for any item marked ^no^iecorrect and complete. Executed onthis 3r���ayuf Name ofSponaoc City ofYakima Name ofSponsor'sAuthorized Officiai Victoria Baker Title of Sponsor's Authorized Official: City Manage Signature of Sponsor's Authorized Official: |declare under penalty of perjury that the foregoing iatrue and correct. |understand that knowingly and willfully providing false information to the federal government is u violation of 18 USC § 1001 (False Statements) and could subject metnfines, imprisonment, mrboth. FAA Form 5100-135 (2/24) SUPERSEDES PREVIOUS EDITION Page 2 of 2 3-53-0089-062-2025 U.S. Department Airports Division Seattle Airports District Office. of Transportation Northwest Mountain 2200s216th St Federal Aviation Region Des Moines, WAe81g Administration Oregon, Washington Ms Victoria Baker City Manager Yakima Air Terminal -McAllister Field 129NSecond St Yakima, VVA989O1 Dear Ms. Baker: The Grant Offer for Airport Improvement Program (AIP) Project No. at Yakima Air Term i na I-McAll ister Field Airport is attached for execution. This letter outlines the steps you must take toproperly enter into this agreement and provides other usefu I information. Please read the conditions, special conditions, and assurances that comprise the grant offer carefully. You mnavnot make amvmodification tothe text, terms mr conditions of the grant offer. Steps You Must Take twEnter Into Agreement. Toproperly enter into this agreement, you must dpthe following: 1. The governing body must give authority to execute the grant to the individual(s) signing the grant, i.e., the person signing the document must be the sponsor's authorized representative(s) (hereinafter "authorized napresentative"). 2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate atthe end ofthe agreement. 3. Once the authorized representative has electronically signed the grant, the sponsor's attorney(s) will automatically receive anemail notification. 4. Onthe same davmr after the authorized representative has signed the grant, the sponsor's attorney(s) will add their electronic signature to the appropriate certificate at the end of the agreement. S. if there are co-sponsors, the authorized representative(s) and sponsor's attorney(s) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized nolater than September 15,2025. G. The fully executed grant will then beautomatically sent toall parties asanemail attachment. Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically via the Delphi eInvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution 3-53-0089-062-2025 date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect you to submit payment requests for reimbursement of allowable incurred project expenses consistent with project progress. Your grant may be placed in "inactive" status if you do not make draws on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance. Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: For all grants, you must submit by December 315t of each year this grant is open: 1. A signed/dated SF-270 (Request for Advance or Reimbursement for non -construction projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for Construction Programs), and 2. An SF-425 (Federal Financial Report). r- For non -construction projects, you must submit FAA Form 5100-140, Performance Report within 30 days of the end of the Federal fiscal year. For construction projects, you must submit FAA Form 5370-1, Construction Progress and Inspection Report, within 30 days of the end of each Federal fiscal quarter. Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR Part 200. Subpart F requires non -Federal entities that expend $1,000,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal -assistance programs. Please take appropriate and necessary action to ensure your organization will comply with applicable audit requirements and standards. Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office. FAA Contact Information. Chelsea Branchcomb, (206) 231-4231, chelsea.l.branchcombPfaa.gov_ is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, Ryan C. Zulauf Acting Manager, Seattle Airports District Office 2 3-53-0089-062-2025 43 U.S. Federal Award Offer Date August 26, 2025 Airport/Planning Area Yakima Air Terminal -McAllister Field Airport Airport Infrastructure Grant Number 3-53-0089-062-2025 (Contract Number: DOT-FA25NM-113) Unique Entity Identifier FJNNX1XFJ9K3 TO: City of Yakima, Washington (herein called the "Sponsor) FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FM") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 20, 2025 for a grant of Federal funds for a project at or associated with the Yakima Air Trml/McAllister Field Airport, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Yakima Air Trml/McAllister Field Airport (herein called the "Project") consisting of the following: Improve Terminal Building (54% of phase 3-construction), including installation of acquired baggage claim equipment and public restroom renovations; which is more fully described in the Project Application. 3-53-0089-062-2025 NOW THEREFORE, Pursuant to and for the purpose of carrying out the Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. 040101 et seq., and 48103; FAA Reauthorization Act of 2018 (Public Law Number (P.L.) 115-254); the Department of Transportation Appropriations Act, 2021 ( P.L. 116-260, Division L); the Consolidated Appropriations Act, 2022 ( P.L. 117-103); Consolidated Appropriations Act, 2023 ( P.L. 117-328); Consolidated Appropriations Act, 2024 (P.L. 118-42); Consolidated Appropriations Act, 2025 (P.L. 119-4); FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application; and in consideration of: (a) the Sponsor's adoption and ratification of the Grant Assurances dated April 2025, interpreted and applied consistent with the FAA Reauthorization Act of 2024; (b) the Sponsor's acceptance of this Offer; and (c) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided; THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay (95) % of the allowable costs incurred accomplishing the Project as the United States share of the Project. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $1,164,899. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $0 for planning $1,164,899 for airport development; and, $0 for land acquisition. 2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements: a. Period of Performance: 1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performance is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods (2 Code of Federal Regulations (CFR) § 200.1) except as noted in 49 U.S.0 § 47142(b). b. Budget Period: 1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the Period of Performance provided in paragraph 2(a)(1). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period except as noted in 49 U.S.0 § 47142(b). 2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to 2 CFR § 200.308. 4 3-53-0089-062-2025 c. Close Out and Termination Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the Period of Performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the Period of Performance end date with the information available at the end of 120 days (2 CFR § 200.344). The FAA may terminate this agreement and all of its obligations under this agreement if any of the following occurs: (a) (1) The Sponsor fails to obtain or provide any Sponsor grant contribution as required by the agreement; (2) A completion date for the Project or a component of the Project is listed in the agreement and the Recipient fails to meet that milestone by six months after the date listed in the agreement; (3) The Sponsor fails to comply with the terms and conditions of this agreement, including a material failure to comply with the Project Schedule even if it is beyond the reasonable control of the Sponsor; (4) Circumstances cause changes to the Project that the FAA determines are inconsistent with the FAA's basis for selecting the Project to receive a grant; or (5) The FAA determines that termination of this agreement is in the public interest. (b) In terminating this agreement under this section, the FAA may elect to consider only the interests of the FAA. (c) The Sponsor may request that the FAA terminate the agreement under this section. 3. Ineligible or Unallowable Costs. In accordance with 49 U.S.C. § 49 U.S.C. § 47110, the Sponsor is prohibited from including any costs in the grant funded portions of the project that the FAA has determined to be ineligible or unallowable, including costs incurred to carry out airport development implementing policies and initiatives repealed by Executive Order 14148, provided such costs are not otherwise permitted by statute. 4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages. 5. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the Secretary of Transportation ("Secretary"), and any superseding legislation. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 6. Completing the Proiect Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, 49 3-53-0089-062-2025 U.S.C. Chapters 471 and 475, the regulations, policies, and procedures of the Secretary. Per 2 CFR § 200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement. 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before September 15, 2025, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds and Mandatory Disclosure. a, The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. b. The Sponsor, a recipient, and a subrecipient under this Federal grant must promptly comply with the mandatory disclosure requirements as established under 2 CFR § 200.113, including reporting requirements related to recipient integrity and performance in accordance with Appendix XII to 2 CFR Part 200. 10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement. 11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI), a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam,gov). b. Unique entity identifier (UEI) means a 12-character alpha -numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/content/entity-registration. 6 3-53-0089-062-2025 12. Electronic Grant Pavment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Informal Letter Amendment of AIP Proiects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority to increase the maximum obligation does not apply to the "planning" component of Condition No. 1, Maximum Obligation. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 14. Environmental Standards. The Sponsor is required to comply with all applicable environmental standards, as further defined in the Grant Assurances, for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement. 15. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this Grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant. 17. Build America. Buv America. The Sponsor must comply with the requirements under the Build America, Buy America Act (P.L. 117-58). 18. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this Grant: a. May not be increased for a planning project; b. May be increased by not more than 15 percent for development projects, if funds are available; c. May be increased by not more than the greater of the following for a land project, if funds are available: 1. 15 percent; or 2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land. 7 3-53-0089-062-2025 If the Sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in 49 U.S.C. § 47110, or other superseding legislation if applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount. The FAA may adjust the Federal share as applicable through an informal letter of amendment. 19. Audits for Sponsors. PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program -specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend Tess than $1,000,000 in Federal awards and are exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials, State, and Government Accountability Office. The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements. 20. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR § 180.200, the Sponsor must: a, Verify the non -Federal entity is eligible to participate in this Federal program by: 1. Checking the System for Award Management (SAM.gov) exclusions to determine if the non - Federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non -Federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating. b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier transactions with their contractors and sub -contractors. c, Immediately disclose in writing to the FAA whenever (1) the Sponsor learns they have entered into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars a contractor, person, or entity. 21. Ban on Texting While Driving. a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2, Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: i. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and 3-53-0089-062-2025 ii. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant. 22. Trafficking in Persons. 1. Posting of contact information. a. The Sponsor must post the contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) in all public airport restrooms. 2. Provisions applicable to a recipient that is a private entity. a. Under this Grant, the recipient, its employees, subrecipients under this Grant, and subrecipient's employees must not engage in: i. Severe forms of trafficking in persons; ii. The procurement of a commercial sex act during the period of time that the grant or cooperative agreement is in effect; iii. The use of forced labor in the performance of this grant; or any subaward; or iv. Acts that directly support or advance trafficking in persons, including the following acts: a) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents; b) Failing to provide return transportation of pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless: 1. Exempted from the requirement to provide or pay for such return transportation by the federal department or agency providing or entering into the grant; or 2. The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or witness in a human trafficking enforcement action; c) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment; d) Charging recruited employees a placement or recruitment fee; or e) Providing or arranging housing that fails to meet the host country's housing and safety standards. b. The FAA may unilaterally terminate this Grant or take any remedial actions authorized by 22 U.S.C. § 7104b(c), without penalty, if any private entity under this Grant: i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant; or ii. Has an employee that is determined to have violated a prohibition in paragraph(2)(a) of this Grant through conduct that is either: a) Associated with the performance under this Grant; or 9 3-53-0089-062-2025 b) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 2 CFR Part 1200. 3. Provisions applicable to a recipient other than a private entity. a. The FAA may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. § 7104b(c), without penalty, if subrecipient than is a private entity under this award: i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant or ii. Has an employee that is determined to have violated a prohibition in paragraph (2)(a) of this Grant through conduct that is either: a) Associated with the performance under this Grant; or b) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government - wide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 2 CFR Part 1200. 4. Provisions applicable to any recipient. a. The recipient must inform the FAA and the DOT Inspector General immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (2)(a) of this Grant. b. The FAA's right to unilaterally terminate this Grant as described in paragraphs (2)(b) or (3)(a) of this Grant, implements the requirements of 22 U.S.C. chapter 78, and is in addition to all other remedies for noncompliance that are available to the FAA under this Grant. c. The recipient must include the requirements of paragraph (2)(a) of this Grant award term in any subaward it makes to a private entity. d. If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b). 5. Definitions. For purposes of this Grant award, term: a. "Employee" means either: i An individual employed by the recipient or a subrecipient who is engaged in the performance of the project or program under this Grant; or ii. Another person engaged in the performance of the project or program under this Grant and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing requirements. b. "Private Entity" means: 10 3-53-0089-062-2025 i. Any entity, including for -profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1. ii. The terms "severe forms of trafficking in persons," "commercial sex act," "sex trafficking," "Abuse or threatened abuse of law or legal process," "coercion," "debt bondage," and "involuntary servitude" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102). 23. AIP Funded Work Included in a PFC Application. Within 120 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application. The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment. 24. Exhibit "A" Property Map. The Exhibit "A" Property Map dated May 01, 2021, is incorporated herein by reference or is submitted with the project application and made part of this Grant Agreement. 25. Employee Protection from Reprisal. In accordance with 2 CFR § 200.217 and 41 U.S.C. § 4701, an employee of a grantee, subgrantee contractor, recipient or subrecipient must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. The grantee, subgrantee, contractor, recipient, or subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. § 4712. See statutory requirements for whistleblower protections at 10 U.S.C. § 4701, 41 U.S.C. § 4712, 41 U.S.C. § 4304, and 10 U.S.C. § 4310. 26. Prohibited Telecommunications and Video Surveillance Services and Equipment. The Sponsor agrees to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [P.L. 115-232 § 889(f)(1)] and 2 CFR § 200.216. 27. Critical Infrastructure Security and Resilience. The Sponsor acknowledges that it has considered and addressed physical and cybersecurity and resilience in its project planning, design, and oversight, as determined by the DOT and the Department of Homeland Security (DHS). For airports that do not have specific DOT or DHS cybersecurity requirements, the FAA encourages the voluntary adoption of the cybersecurity requirements from the Transportation Security Administration and Federal Security Director identified for security risk Category X airports. 28. Title VI of the Civil Rights Act. As a condition of a grant award, the Sponsor shall demonstrate that it complies with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq) and implementing regulations (49 CFR part 21), the Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.), U.S. Department of Transportation and Federal Aviation Administration (FAA) Assurances, and other relevant civil rights statutes, regulations, or authorities, including any amendments or updates thereto. This may include, as applicable, providing a current Title VI 11 3-53-0089-062-2025 Program Plan to the FAA for approval, in the format and according to the timeline required by the FAA, and other information about the communities that will be benefited and impacted by the project. A completed FAA Title VI Pre -Grant Award Checklist is required for every grant application, unless excused by the FAA. The Sponsor shall affirmatively ensure that when carrying out any project supported by this grant that it complies with all federal nondiscrimination and civil rights laws based on race, color, national origin, sex, creed, age, disability, genetic information, in consideration for federal financial assistance. The Department's and FAA's Office of Civil Rights may provide resources and technical assistance to recipients to ensure full and sustainable compliance with Federal civil rights requirements. Failure to comply with civil rights requirements will be considered a violation of the agreement or contract and be subject to any enforcement action as authorized by law. 29. FAA Reauthorization Act of 2024. This grant agreement is subject to the terms and conditions contained herein including the terms known as the Grant Assurances as they were published in the Federal Register on April 2025. On May 16, 2024, the FAA Reauthorization Act of 2024 made certain amendments to 49 U.S.C. chapter 471. The Reauthorization Act will require FAA to make certain amendments to the assurances in order to best achieve consistency with the statute. Federal law requires that FAA publish any amendments to the assurances in the Federal Register along with an opportunity to comment. In order not to delay the offer of this grant, the existing assurances are attached herein; however, FAA shall interpret and apply these assurances consistent with the Reauthorization Act. To the extent there is a conflict between the assurances and Federal statutes, the statutes shall apply. The full text of the FAA Reauthorization Act of 2024 is at https://www.congress.gov/bill/118th-congress/house-bill/3935/text. 30. Applicable Federal Anti -Discrimination Laws. The sponsor agrees: a. that its compliance in all respects with all applicable Federal anti -discrimination laws is material to the government's payment decisions for purposes of section 3729(b)(4) of title 31, United States Code; and b. to certify that it does not operate any programs promoting diversity, equity, and inclusion (DEI) that violate any applicable Federal anti -discrimination laws. 31. Federal Law and Public Policy Requirements. The Sponsor shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination; and the Sponsor will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in and the enforcement of Federal immigration law. 32. National Airspace System Requirements a. The Sponsor shall cooperate with FAA activities installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System, including waiving permitting requirements and other restrictions affecting those activities to the 12 3-53-0089-062-2025 maximum extent possible, and assisting the FAA in securing waivers of permitting or other restrictions from other authorities. The Sponsor shall not take actions that frustrate or prevent the FAA from installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System. b. If FAA determines that the Sponsor has violated subsection (a), the FAA may impose a remedy, including: (1) additional conditions on the award; (2) consistent with 49 U.S.0 chapter 471,.any remedy permitted under 2 C.F.R. 200.339- 200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to the DOT; suspension or termination of the award; or suspension and debarment under 2 C.F.R. part 180; or (3) any other remedy legally available. c. (In imposing a remedy under this condition, the FAA may elect to consider the interests of only the FAA. d. The Sponsor acknowledges that amounts that the FAA requires the Sponsor to refund to the FAA due to a remedy under this condition constitute a debt to the Federal Government that the FAA may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900-904). 33. Signage Costs for Construction Projects. The Sponsor agrees that it will require the prime contractor of a Federally- assisted airport improvement project to post signs consistent with a DOT/FAA- prescribed format, as may be requested by the DOT/FAA, and further agrees to remove any signs posted in response to requests received prior to February 1, 2025. 34. Title 8 - U.S.C., Chapter 12, Subchapter II - Immigration. The sponsor will follow applicable federal laws pertaining to Subchapter 12, and be subject to the penalties set forth in 8 U.S.C. § 1324, Bringing in and harboring certain aliens, and 8 U.S.C. § 1327, Aiding or assisting certain aliens to enter SPECIAL CONDITIONS 35. Duffy Plaintiff Special Term. Pursuant to the court's preliminary injunction order in State of California v. Duffy, 1:25-cv-00208-JJM-PAS (D.R.I.) (June 19, 2025), DOT will not impose or enforce the challenged immigration enforcement condition* or any materially similar terms and conditions, to any grant funds awarded, directly or indirectly, to Plaintiff States or local government entities within those States (collectively referred to as "Plaintiff State Entities"), or otherwise rescind, withhold, terminate, or take other adverse action, absent specific statutory authority, based on the challenged immigration enforcement condition while DOT is subject to an injunction. DOT will not require Plaintiff State Entities to make any certification or other representation related to compliance with the challenged immigration enforcement condition nor will DOT construe 13 3-53-0089-062-2025 acceptance of funding from DOT as certification as to the challenged immigration enforcement condition. *The challenged immigration enforcement condition: "[T]he Recipient will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigration law." 36. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers. 37. Usable Unit of Development. The FAA and the Sponsor agree this Grant only funds a portion of the overall project. The FAA makes no commitment of funding beyond what is provided herein. In accepting this award, the Sponsor understands and agrees that the work described in this Grant Agreement must be incorporated into a safe, useful, and usable unit of development completed within a reasonable timeframe [49 USC § 47106(a)(4)]. This safe, useful, usable unit of development must be completed regardless of whether the Sponsor receives any additional federal funding. 14 0b89-062-2025 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.' UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (Signature) Ryan C. Zulauf Ryan C. Zulauf Acting Manager Acting Manager, Seattle Airports District Office 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both, 15 3-53-0089-062-2025 Part II ® Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using. electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.' Dated September 8, 2025 City of Yakima (Nome of Sponsor) (Signature of Sponsor's Authorized Official) By: Victoria Baker (Typed Name of Sponsor's Authorized Official) Title: City Manager (Title of Sponsor's Authorized Official) CCTY CONTRACT NO. 202S- 1'-10 RESOLUTION NO: �'2_5—i-La Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 16 3-53-0089-062-2025 CERTIFICATE OF SPONSOR'S ATTORNEY [, Sara. Watkins , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Washington. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsors official representative, who has been duly authorized to execute this Grant. Agreement, which is in all respects due and proper and in accordance with the laws of the said State; and Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 (P.L. 115-254); the Department of Transportation Appropriations Act, 2021 {P.L. 116-260, Division L); the Consolidated Appropriations Act, 2022 ( P.L. 117-103); Consolidated Appropriations Act, 2023 ( P.L. 117-328); Consolidated Appropriations Act, 2024 {P.L. 118-42); FAA Reauthorization Act of 2024 (Pl. 118-63); and the representations contained in the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.' Dated at September 8, 2025 lh� (Signature of Sponsor's Attorney) 3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 17 3-53-0089-062-2025 ASSURANCES AIRPORT SPONSORS A. General. 2' These assurances shall bacomplied with in the performance ofgrant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle V11, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "yponsor"includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part m6this Grant Agreement. B. Duration and Applicability. 1. Airport Development mr Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall bespecified inthe assurances. 2. Airport Development wrNoise Compatibility Projects Undertaken by a Private Sponomr. The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. I Airport Planning Undertaken bwa Spommwr. Unless otherwise specified |nthis Grant Agreement, only Assurances ],2,],S,6,13,18,23,25, 3O,32,33,34,37,and 40inSection [ apply toplanning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue smlong asthe airport isused asanairport. Airport Sponsors Assurances Page I of 19 3-53-0089-062-2025 C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements Itwill 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 Grant, Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Sponsor and any applicable sub -recipients. The applicable provisions to this agreement include, but are not limited to, the following: FEDERAL LEGISLATION a. 49U.SLC.subtitle V|Lasamended. b. Oavis-BacwnAct aaamended --4DU.S'[§§]141']144,3146,and ]147,etseq.1 c. Federal Fair Labor Standards Act —2SU.S.C.§2O1,mtseq. d. Hatch Act —SU.S.[.§1SO1,etseq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §46O1,etseq.1, 2 t National Historic Preservation Act of19G8—Section 1O6—S4U.S.C.§ 306108.1 Q. Archeological and Historic Preservation Act of1974—S4U.S.[.§ 312501,mtueq'1 h. Native Americans Grave Repatriation Act —25U.S.[§ 3O01'wtseq. i. Clean Air Act, P.L'90'14Q,asamended —43U.5.C.§ 74O1,etseq. j. Coastal Zone Management Act, P.L.93'SB3,ayamended —16U.S.C.01451,etseq. k. Flood Disaster Protection Act of1973—Section 1O2(a)-42U'S.[.§4O12a.' i 49W.6.[§ 3O3,(formerly known auSection 4(f)). m. Rehabilitation Act of1973-29U.�C. § 794. n' Title \Aofthe Civil Rights Act of1BG4(42U'SLC. § 2OOOdetseq.)(prohibits discrimination onthe basis ofrace, color, national uhgin). o. Americans with Disabilities Act of19g0,asamended, (42U.5'[.§12lO1etseq')(prohibits discrimination onthe basis wfdisabUity). p. Age Discrimination Act of197S-42U.S.[.§6l01,etseq. q. American Indian Religious Freedom Act, P.L'95-34l,asamended. r. Architectural Barriers Act nf1968,asamended —42U.S'[§41S1,etseq.1 s. Powerplant and Industrial Fuel Use Act of1978—Section 4O3-43U.S.[.§8S73.1 t. Contract Work Hours and Safety Standards Act —40 U.S'C.Q3701'etseq.1 u' Copeland Anti -kickback Act —18U.S.C.§ 874.1 3-53-0089-062-2025 v. National Environmental Policy Act of 1969 — 42 U.S.C. § 4321, et seq.' w. Wild and Scenic Rivers Act, P.L. 90-542, as amended —16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984 — 31 U.S.C. § 7501, et seq.' y. Drug -Free Workplace Act of 1988 — 41 U.S.C. §§ 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252). aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Infrastructure Investment and Jobs Act, P.L. 117-58, Title VIII. cc. Build America, Buy America Act, P.L. 117-58, Title IX. dd. Endangered Species Act —16 U.S.C. 1531, et seq. ee. Title IX of the Education Amendments of 1972, as amended — 20 U.S.C. 1681-1683 and 1685- 1687. ff. Drug Abuse Office and Treatment Act of 1972, as amended — 21 U.S.C. 1101, et seq. gg. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended — 42 U.S.C. § 4541, et seq. hh. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended —42 U.S.C. § 4541, et seq. ii. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions — 31 U.S.C. § 1352. EXECUTIVE ORDERS a. Executive Order 11990 — Protection of Wetlands b. Executive Order 11988 — Floodplain Management c. Executive Order 12372 — Intergovernmental Review of Federal Programs d. Executive Order 12699 — Seismic Safety of Federal and Federally Assisted New Building Construction' e. Executive Order 14005 — Ensuring the Future is Made in all of America by All of America's Workers f. Executive Order 14149 — Restoring Freedom of Speech and Ending Federal Censorship g. Executive Order 14151— Ending Radical and Wasteful Government DEI Programs and Preferencing h. Executive Order 14154 — Unleashing American Energy i. Executive Order 14168 — Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government j. Executive Order 14173 — Ending Illegal Discrimination and Restoring Merit -Based Opportunity Airport Sponsors Assurances Page 3 of 19 3-53-0089-062-2025 FEDERAL REGULATIONS a. 2 CFR Part 180 — OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprmcunament). b. 2[FRPart 200 and 1201 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. �1,' c' 2[FRPart 12OO—NmnpnocunenmentSuspension and Debarment. d- 14CFRPart 13—Investigative and Enforcement Procwdunas.. e. 14 CFR Part 16 — Rules of Practice for Federal ly-Assisted Airport Enforcement Proceedings. t 14CFRPart 1SO—Airport Noise Compatibility Planning. Q. 28 CFR Part 35 — Nondiscrimination on the Basis of Disability in State and Local Government Services. h. 28 CFR § 50.3 — U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of1964. i 29[FRPart 1—Procedures for Predetermination ofWage Rates.' j. 29[FRPart 3—Contractors and Subcontractors PnPublic Building mrPublic Work Financed in Whole mrinPart byLoans qrGrants from the United States.' k. 29 CFR Part 5 — Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Noncmnstruction Contracts Subject tothe Contract Work Hours and Safety Standards Act).' i 41 CFR Part 60 — Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally -assisted contracting requirements).' m, 49CFRPart 2O—New Restrictions PnLobbying. n. 49 CFR Part 21 — Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation ofTitle V|ofthe Civil Rights Act of1964. m. 49 CFR Part 23 — Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and �z p�Q�n� 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. r. 49 CFR Part 27 —Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.' q. s. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted bythe Department of Transportation. t. 49 CFR Part 30 — Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access toU.S.Contractors. u. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace (Financial Assistance). Airport Sponsors Assurarxes Page 4 of 19 3-53-0089-062-2025 v. 49 CFR Part 37 —Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38 — Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles. x. 49 CFR Part 41—Seismic Safety. FOOTNOTES TO ASSURANCE (C)(1) 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this 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. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. Airport Sponsors Assurances Page 5 of 19 3-53-0089-062-2025 b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which 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 this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. Subject to 49 U.S.C. § 47107(a)(16) and (x), it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors g• Airport Sponsors Assurances Page 6 of 19 3-53-0089-062-2025 of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance -Management. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 49 U.S.C. § 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. Airport Sponsors Assurances Page 7 of 19 3-53-0089-062-2025 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this 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 Secretary 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 this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. 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 this 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. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, Property, and Works), 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. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this Grant Agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in Airport Sponsors Assurances Page 8 of 19 3-53-0089-062-2025 accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for: 1. Operating the airport's aeronautical facilities whenever required; 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions g. Airport Sponsors Assurances Page 9 of 19 3-53-0089-062-2025 interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under 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 sponsor 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. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers Alrport Sponsors Assurances Page 10 of 19 3-53-0089-062-2025 which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non -tenants and signatory carriers and non -signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. g. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for Airport Sponsors Assurances Page 11 of 19 3-53-0089-062-2025 which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30,1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1,1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1,1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. § 47107. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the Airport Sponsors Assurances Page 12 of 19 3-53-0089-062-2025 public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that: a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. Airport Sponsors Assurances Page 13 of 19 3-53-0089-062-2025 29. Airport Layout Plan. a. The airport owner or operator will maintain a current airport layout plan of the airport showing: 1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; 2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; 3. the location of all existing and proposed non -aviation areas and of all existing improvements thereon; and 4. all proposed and existing access points used to taxi aircraft across the airport's property boundary. b. Subject to subsection 49 U.S.C. § 47107(x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect. c. The owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration- 1. is outside the scope of the Secretary's review and approval authority as set forth in subsection (x); or 2. complies with the portions of the plan approved by the Secretary. d. When the airport owner or operator makes a change or alteration in the airport or the facilities which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary: 1. eliminate such adverse effect in a manner approved by the Secretary; or 2. bear all costs of relocating such property or its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d to 2000d-4); creed and sex per 49 U.S.C. § 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant. Airport Sponsors Assurances Page 14 of 19 3-53-0089-062-2025 a. Using the definitions of activity, facility, and program as found and defined in 49 CFR §§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. 2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The (City of Yakima), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex, age, or disability in consideration for an award." e. Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally -assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally -assisted programs of the DOT acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. Airport Sponsors Assurances Page 15 o119 3-53-0089-062-2025 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex, age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United Airport Sponsors Assurances Pape 16 of 19 3-53-0089-062-2025 States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self- sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., 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 in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any project which 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. 34. Policies, Standards, and Specifications. It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars (https://www.faa.gov/sites/faa.gov/files/aip-pfc-checklist 0.pdf) for AIP projects as of September 01, 2025. Adrport Sponsors Assurances Pagel/ of 19 3-53-0089-062-2025 35. Relocation and Real Property Acquisition. a. 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. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. 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. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that: 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and Airport Sponsors Assurances Page 18 of 19 3-53-0089-062-2025 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. 40. Access to Leaded Aviation Gasoline a. If 100-octane low lead aviation gasoline (100LL) was made available at an airport, at any time during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of, or self -fueling with, 100-octane low lead aviation gasoline. b. This requirement remains until the earlier of December 31, 2030, or the date on which the airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that has been authorized for use by the FAA as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston -engine aircraft and engine models; and meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the FAA. c. An airport owner or operator understands and agrees, that any violation of this grant assurance is subject to civil penalties as provided for in 49 U.S.C. § 46301(a)(8). Airport Sponsors Assurances Page 19 of 19 3-53-Q089-062-2025 Non Airport Sponsors Undertaking Noise Compatibility Pros o ectsAuurances Page 1 of 11 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 1 of 49 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The Honorable Barbara J. Rothstein UNITED STATES DISTRICT COURT WESMTERN DISTRICT OF WASHINGTON AT SEATTLE MARTIN LUTHER KING, JR. COUNTY; PIERCE COUNTY; SNOHOMISH COUNTY; CITY AND COUNTY OF SAN FRANCISCO; COUNTY OF SANTA CLARA; CITY OF BOSTON; CITY OF COLUMBUS; and CITY OF NEW YORK, Plaintiffs, vs. SCOTT TURNER in his official capacity as Secretary of the U.S. Department of Housing and Urban Development; the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; SEAN DUFFY in his official capacity as Secretary of the U.S. Department of Transportation; the U.S. DEPARTMENT OF TRANSPORTATION; MATTHEW WELBES in his official capacity as acting Director of the Federal Transit Administration; and the FEDERAL TRANSIT ADMINISTRATION, Defendants. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION NO. 2:25-cv-814 ORDER GRANTING PLAINTIFFS' FIRST AND SECOND MOTIONS FOR PRELIMINARY INJUNCTION Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 2 of 49 I. INTRODUCTION Plaintiffs King County, New York City, Denver, and 28 other counties, cities, and local housing and transportation agencies bring this action to challenge the Trump administration's imposition of what Plaintiffs claim are unlawful and politically motivated funding conditions on an estimated $4 billion in critical federal grants. Plaintiffs contend that these funding conditions seek to compel compliance with the administration's political agenda, including mandates to prohibit "promotion" of "gender ideology" and "elective abortions," and to verify that "any Federal public benefit" will not be provided to any "ineligible alien." Plaintiffs claim that these funding conditions are unrelated to the underlying grants, which were conditionally awarded earlier this year by Defendants U.S. Department of Housing and Urban Development ("HUD") and the U.S. Department of Transportation ("DOT"), including through DOT agencies, the Federal Transit Administration ("FTA"), Federal Highway Administration ("FHWA"), Federal Aviation Administration ("FAA"), and Federal Railroad Administration ("FRA").1 These grants 'Plaintiffs are Martin Luther King, Jr. County, Washington ("King County"), Pierce County, Washington ("Pierce County"), Snohomish County, Washington ("Snohomish County"), City and County of San Francisco, California ("San Francisco"), County of Santa Clara, California ("Santa Clara"), City of Columbus, Ohio ("Columbus"), City of Boston, Massachusetts ("Boston"), City of New York, New York ("NYC"), City and County of Denver, Colorado ("Denver"), the Metropolitan government of Nashville and Davidson County, Tennessee ("Nashville"), Pima County, Arizona ("Pima County"), County of Sonoma, California ("Sonoma"), City of Bend, Oregon ("Bend"), City of Cambridge, Massachusetts ("Cambridge"), City of Chicago, Illinois ("Chicago"), City of Culver City, California, ("Culver City"), City of Minneapolis, Minnesota ("Minneapolis"), City of Pittsburgh, Pennsylvania ("Pittsburgh"), City of Portland, Oregon ("Portland"), City of San Jose, California ("San Jose"), City of Santa Monica, California ("Santa Monica"), City of Pasadena, California ("Pasadena"), City of Tucson, Arizona ("Tucson"), City of Wilsonville, Oregon ("Wilsonville"), Central Puget Sound Regional Transit Authority located in King, Pierce, and Snohomish Counties, Washington ("CPSRTA"), Intercity Transit located in Thurston County, Washington ("Intercity Transit"), Port of Seattle, Washington ("Port of Seattle"), King County Regional Homelessness Authority located in King County, Washington ("King County RHA"), Santa Monica Housing Authority, California ("Santa Monica HA"), San Francisco County Transportation Authority, located in the City and County of San Francisco, California ("SFCTA"), and Treasure Island Mobility Management Agency located in Treasure Island and Yerba Buena Island, California ("TIMMA") (collectively "Plaintiffs"). Dkt. No. 71 ("Amend. Comp") ¶Sj 8-38. Defendants are HUD, DOT, Scott Turner in his official capacity as Secretary of HUD, Sean Duffy in his official capacity as Secretary of DOT, FTA, Tariq Bokhari as the acting Director of FTA, FHWA, Gloria M. Shepard as the ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION -2 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 3 of 49 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 support vital programs in urban centers across the country, including homelessness prevention, housing assistance, and transportation infrastructure, that Congress has long recognized as essential through its appropriations. Plaintiffs assert that these new funding conditions are unconstitutional, exceed statutory authority, and violate the Administrative Procedure Act. Currently before the Court are Plaintiffs' First and Second Motions for Preliminary Injunction, both of which Defendants oppose. Having reviewed the briefs and exhibits filed in support of and in opposition to the motions, the record of the case, and the relevant legal authority, and having heard the argument of counsel, the Court will grant the motions. The reasoning for the Court's decision follows. II. PROCEDURAL HISTORY This lawsuit began on May 2, 2025, when eight cities and counties across the United States sued HUD, DOT, FTA, and their respective administrators, challenging their imposition of new funding conditions on grants the cities and counties had been conditionally awarded for fiscal year 2024. Dkt. No. 1 ("Compl.").2 Three days later, on May 5, 2025, seven of the cities and counties filed a motion for a temporary restraining order ("TRO") in which they sought to enjoin HUD, DOT, and FTA from imposing the new funding conditions on the grants.3 Dkt. No. 5 ("TRO Mot."). After briefing and a hearing on May 7, 2025, this Court granted the motion and temporarily enjoined HUD, DOT, and FTA from: (1) imposing or enforcing the new funding conditions on the grants, (2) rescinding or cancelling the grant agreements (or otherwise impeding acting Director of FHWA, FAA, Chris Rocheleau as acting Administrator of FAA, FRA, and Drew Feeley as acting Administrator of FRA (collectively "Defendants"). 2 The original eight plaintiffs were: King County, Pierce County, Snohomish County, San Francisco, Santa Clara, Boston, Columbus, and NYC. Dkt. No. 1. 7 Columbus did not join the motion. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 4 of 49 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or withholding the funds) based on the new funding conditions, and (3) requiring Plaintiffs to make certifications or other representations related to compliance with the new funding conditions. Dkt. No. 52 ("TRO Order"). At the conclusion of the hearing on the TRO motion, the seven cities and counties stated their intent to move for a preliminary injunction on the same issues subject to the TRO, which was set to expire fourteen days later. Dkt. No. 53. This Court ordered briefing and on May 21, 2025, held a hearing on the motion for a preliminary injunction. Id.; Dkt. No. 73. At the conclusion of that hearing, the Court determined that good cause existed to extend the TRO by another fourteen days, to June 4, 2025, and indicated that it would issue a written decision on the motion for preliminary injunction by that date. Dkt. No. 73. Thereafter, also on May 21, 2025, Plaintiffs filed an amended complaint adding twenty-one cities, counties, and local housing and transit agencies as plaintiffs, as well as FHWA, FAA, FRA, and their respective administrators, as defendants. Dkt. No. 71 ("Amend. Compl."). Plaintiffs Cambridge, KCRHA, Nashville, Pasadena, Pima County, San Jose, Santa Monica HA, and Tucson join in the original plaintiffs' challenge to the imposition of the new funding conditions on HUD grants that they were conditionally awarded for fiscal year 2024. Dkt. No. 72, Ex. 2, n. 1. Plaintiffs Bend, Boston, Chicago, Columbus, Culver City, Denver, Intercity, Minneapolis, Nashville, NYC, Pierce County, Pima County, Pittsburgh, Port of Seattle, Portland, San Francisco, San Jose, Santa Clara, Santa Monica, Snohomish County, Sonoma County, CPSRTA, SFCTA, TIMMA, Tucson, and Wilsonville join in the original plaintiffs' challenge to the imposition of the new funding conditions on DOT grants that they were conditionally awarded for fiscal year 2024. Id. The Amended Complaint was accompanied by Plaintiffs' Second Motion for a Temporary ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION .4 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 5 of 49 Restraining Order and Preliminary Injunction. Dkt. No. 72 ("Pls. Sec. Mot."). In this motion, Plaintiffs Columbus, Intercity, Minneapolis, NYC, Port of Seattle, and Tucson sought a TRO against DOT enjoining it from imposing the new funding conditions on their conditionally awarded grants. Pls. Sec. Mot, Ex. 1, n. 1. And Plaintiffs Cambridge and Pasadena sought a TRO against HUD enjoining it from imposing the new funding conditions on their conditionally awarded grants. Id. Defendants acknowledged that they "oppose the New Plaintiffs' TRO and preliminary injunction motion for the same reasons they opposed the first." Dkt. No. 151 ("Defs. Opp. to Pls. Sec. Mot.") at 4. After reviewing the second motion for a TRO and Defendants' opposition thereto, this Court determined that the motion raised questions of law and fact that are materially identical to those raised in the first motion for a TRO, and granted the second TRO on the same terms as the first TRO. See Dkt. No. 152 ("Sec. TRO Order") at 2-4. Now before the Court are Plaintiffs' first and second motions for a preliminary injunction, in which collectively all Plaintiffs join. DI FACTUAL BACKGROUND A. Overview of Federal Grants As stated above, this lawsuit concerns the allocation of grants from two federal agencies: HUD and DOT, and several DOT operating administrations: FTA, FHWA, FAA, and FRA.4 Plaintiffs allege that in January 2025, they were each awarded grants from these agencies for the fiscal year 2024, but beginning in March and April 2025, Defendants began to impose new funding conditions on the grants. Plaintiffs claim that these conditions exceed Congressional Congress and DOT refer to DOT divisions —including FTA, FHWA, FAA, and FRA—as "operating administrations." 49 U.S.C. § 102; 49 C.F.R. § 1.2. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION -5 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 6 of 49 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 authorization and violate the United States Constitution and the Administrative Procedure Act. With this lawsuit, Plaintiffs seek a declaration that the new funding conditions are unlawful and an injunction enjoining Defendants from imposing the conditions, or substantially similar conditions, on the grants, and/or from withholding the grants based on those conditions. To that end, it is helpful to have a basic understanding of the federal grant process. Each year, Congress exercises its constitutional authority to appropriate taxpayer resources to federal agencies through annual appropriation bills. These bills specify the amount of money allocated to each agency, and for what purposes, for that fiscal year.5 While the process for awarding grant funds varies by program, generally the federal agencies issue notices of funding opportunity ("NOFO") that announce the availability of funding, outline the requirements for the grant programs, and reflect the specific goals and priorities of the funding programs.6 State and local governments, nonprofits, and other entities apply to receive grant funds and the agencies review the applications to assess the eligibility both of the applicant and the proposed use of the funds to ensure the proposed project is in compliance with the program's statutory and regulatory requirements.' The agencies then issue notices of award to those applicants whose proposals are approved and conditionally funded.8 Once the grant recipient successfully meets the requirements for the grant, a grant or cooperative agreement is issued, and the funds are released. The grant or 5 The Appropriations Committee: Authority, Process, and Impact, Appropriations Chairman Tom Cole, https://appropriations.house.gov/about/appropriations-committee-authority-process-and-impact (last visited May 9, 2025). 6 The Grant Lifecycle, Grants.gov, https://www.grants.gov/learn-grants/grants-I01/the-grant-lifecycle (last visited May 9, 2025). Natalie Paris, Understanding Federal Agency Grant Disbursement, Payment Processes, and "Freezes", Congressional Research Service (Feb. 21, 2025), https://www.congress.gov/crs-product/IF12924. s Award Phase, Grants.gov, https://www.grants.gov/Team-grants/grants-101/award-phase.html#NOA (last visited May 9, 2025). ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION -6 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 7 of 49 cooperative agreement sets forth the terms and conditions attached to the award, which generally include the amount of funding approved, a description and scope of the project, an approved budget, and financial and performance reporting requirements.9 If the grant recipient signs the agreement or withdraws grant funds, it becomes legally obligated to carry out the terms and conditions of the agreement.10 B. The HUD Grants Congress enacted the McKinney-Vento Homeless Assistance Act (the "Homeless Assistance Act") to "meet the critically urgent needs of the homeless of the Nation" by providing "funds for programs to assist the homeless, with special emphasis on elderly persons, handicapped persons, families with children, Native Americans, and veterans." 42 U.S.C. § 11301(b)(2)—(3). Through the Act, Congress provides federal funding for a number of programs, including the Continuum of Care Program ("CoC Program"). The CoC Program is designed "to assist individuals (including unaccompanied youth) and families experiencing homelessness" by providing services "to help such individuals move into transitional and permanent housing, with the goal of long-term stability."11 It does this by providing funding to states, local governments, Indian Tribes, and nonprofit entities for a variety of programs, including shelters and supportive housing, rental assistance, childcare, job training, healthcare, mental health services, and life skills training. Id. §§ 11360(29), 11381, 11383. 9 Paris, supra note 7. 1° Award Phase, supra note 8. ' 1 Continuum of Care (CoC) Program Eligibility Requirements, HUD Exchange, https://www.hudexchange.info/programs/coc/coc-program-eligibility-requirements/ (last visited May 9, 2025). ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 7 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 8 of 49 HUD is the federal agency responsible for administering the CoC Program. Most recently, Congress appropriated funds for the CoC Program in the 2024 Consolidated Appropriations Act ("the Appropriations Act") and in January 2024, HUD posted a NOFO announcing CoC funding for fiscal years 2024 and 2025.12 Plaintiffs King County, Pierce County, Snohomish County, San Francisco, Santa Clara, Boston, Columbus, NYC, Nashville, Pima County, Cambridge, Pasadena, San Jose, Tucson, King County RHA, and Santa Monica HA (collectively, "the CoC Plaintiffs") each timely submitted applications in response to the NOFO and on January 17, 2025, HUD conditionally awarded the CoC Plaintiffs hundreds of millions of dollars in CoC grants for fiscal year 2024. Relying on these awards, CoC Plaintiffs have already committed, and in some cases expended, millions of dollars for homeless assistance services. C. The DOT Grants Congress established DOT in 1966 "to assure the coordinated, effective administration of the transportation programs of the Federal Government" and has established by statute a wide variety of grant programs that provide federal funds to state and local governments for public transit services. Department of Transportation Act, Pub. L. No. 89-670, 80 Stat. 931 (1966). In administering these grant programs, DOT often acts through its operating administrations, including the FTA, FHWA, FAA, and FRA. 12 FY 2024 and FY 2025 Continuum of Care Competition and renewal or Replacement of Youth Homeless Demonstration Program Grants FR-6800N-2025, U.S. Department of Housing and Urban Development (August 29, 2025), FY 2024 and FY 2025 Continuum of Care Competition and Renewal or Replacement of Youth Homeless Demonstration Program Grants. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION -8 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 9 of 49 1. The FTA Grant Programs FTA provides financial and technical assistance to local public transit systems nationwide.13 Since at least 2021, Congress has annually appropriated funding for grants administered by FTA, including grants for: (1) the operation of public transit facilities and equipment in urban areas, (2) public transit systems that operate on fixed rights -of -way such as rail or passenger ferries, (3) replacement of rail rolling stock, and (4) the purchase and maintenance of buses and bus facilities. 49 U.S.C. §§5302(8), 5307(a)(1), 5337(b), 5339(a)(2), (b), (c). Plaintiffs King County, San Francisco, Boston, NYC, Pima County, Denver, Chicago, Culver City, Portland, Santa Monica, Tucson, Wilsonville, Intercity Transit, and Sound Transit operate public transit or are otherwise eligible for FTA grants and "currently rely on billions of dollars in appropriated federal funds from FTA grant programs for transit services and improvements provided or undertaken for the benefit of their residents." Amend. Compl. ¶ 91. 2. FHWA Grant Programs FHWA supports state and local governments in the design, construction, and maintenance of the nation's highway system through financial and technical assistance." To that end, FHWA administers programs such as Safe Streets and Roads for All, the Federal Highway -Aid Program, the Bridge Investment Program, and the National Culvert Removal, Replacement, and Restoration Grant Program. Congress annually appropriates funds to the foregoing programs, including through the Infrastructure Investment and Jobs Act of 2021 ("the Infrastructure and Jobs Act"). '3About FTA, Federal Transit Administration, https://www.transit.dot.gov/about-fta (last visited May 9, 2025). 14 About FHWA, U.S. Department of Transportation Federal Highway Administration, https://highways.dot.gov/about/about- fhwa#:—:text—Who%20We%20Are,technologically%20sound%20in%20the%20world (last visited May 29, 2025). ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION -9 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 10 of 49 Plaintiffs King County, Pierce County, San Francisco, Santa Clara, Snohomish County, Boston, Columbus, NYC, Denver, Nashville, Pima County, Chicago, Minneapolis, Portland, Pittsburgh, San Jose, Santa Monica, Sound Transit, Tucson, SFCTA, and TIMMA receive and rely on FHWA grants worth hundreds of millions of dollars in appropriated funds. 3. FAA Grant Programs The FAA's primary purpose is to regulate civil aviation and to maintain and operate air traffic control and navigation systems.15 Congress has established by statute a variety of grant programs administered by DOT, acting through the FAA, that provide federal funds to public agencies for planning and development of airports. These programs include the Airport Improvement Program and the Airport Infrastructure Grants Program, which are funded by Congress through statutes such as the Infrastructure and Jobs Act, the FAA Reauthorization Acts of 2018 and 2024, and most recently, the Consolidated Appropriations Act of 2024. Plaintiffs King County, Pierce County, Snohomish County, San Francisco, Denver, Pima County, Sonoma County, Bend, Chicago, San Jose, and Port of Seattle currently have hundreds of millions of dollars in appropriated federal funds from FAA grant programs for airport development and infrastructure projects. 4. FRA Grant Programs The mission of FRA is to enable the safe, reliable, and efficient movement of people and goods via railways across the United States.16 FRA provides federal funds to public agencies for 15 Federal Aviation Administration, Federal Register, https://www.federalregister.gov/agencies/federal-aviation- admi n istration#:--:text=The%20m ission%20of%20the%20 FAA,and%20the%20National%20Airspace%20Svstem (last visited May 29, 2025). 16 FRA 101: Getting to Know FRA, U.S. Department of Transportation Federal Railroad Administration (Aug. 2021), https://railroads.dot.gov/sites/fra.dot.gov/files/2021-12/20210824-FRA 101.pdf. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION -10 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 11 of 49 rail infrastructure projects such as the Railroad Crossing Elimination Grant Program that provides funds to improve the safety and mobility of people and goods at railway crossings. Funding for the program was provided through the Infrastructure and Jobs Act. Plaintiffs allege that Bend, Minneapolis, Portland, Sound Transit, and San Jose currently have millions of dollars in appropriated federal funds from FRA grant programs for rail infrastructure projects. 5. The DOT SMART Grant Program The Strengthening Mobility and Revolutionizing Transportation ("SMART") grant program was established by Congress through the Infrastructure and Jobs Act to provide grants "to eligible public sector agencies for projects focused on advanced smart community technologies and systems in order to improve transportation efficiency and safety." Id. ¶ 116. It is administered by DOT. Plaintiffs allege that Boston, Chicago, Minneapolis, Nashville, and Intercity Transit are slated to receive millions of dollars in appropriated funds for the SMART grant program. D. New Funding Conditions in the HUD and DOT Grant Agreements Plaintiffs claim that HUD and DOT are imposing unlawful funding conditions on the CoC and DOT grants —conditions that were not included in the relevant NOFOs or authorized by statute or regulation. Rather, Plaintiffs argue, the new funding conditions seek "to coerce grant recipients that rely on federal funds into implementing President Trump's policy agenda, and direct them to adopt his legal positions, contrary to settled law. Amend. Compl. ¶ 4. Plaintiffs challenge Defendants' imposition of new funding conditions on the grants, arguing that the conditions are unconstitutional, violate the Administrative Procedure Act, and exceed statutory ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 12 of 49 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 authority. It is understood that without acceptance of these conditions, the grants will not be funded. 1. The New HUD Funding Conditions Plaintiffs allege that beginning in March and April 2025, HUD presented the CoC Plaintiffs with grant agreements (collectively, "the CoC Grant Agreements") that contained new funding conditions that were not included in the relevant NOFO, and not authorized by the Homeless Assistance Act, the Appropriations Act, or HUD regulations. Specifically, Plaintiffs object to the following six conditions in the CoC Grant Agreements: A. The recipient "shall not use grant funds to promote 'gender ideology,' as defined in E.O. 14168 Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government"; B. The recipient "agrees that its compliance in all respects with all applicable Federal anti -discrimination laws is material to the U.S. Government's payment decisions for purposes of [the False Claims Act, 31 U.S.C. § 3729(b)(4)]"; C. The recipient "certifies that it does not operate any programs that violate any applicable Federal anti -discrimination laws, including Title VI of the Civil Rights Act of 1964"; D. The recipient "shall not use any Grant Funds to fund or promote elective abortions, as required by E.O. 14182, Enforcing the Hyde Amendment"; E. "No state or unit of general local government that receives funding under this grant may use that funding in a manner that by design or effect facilitates the subsidization or promotion of illegal immigration or abets policies that seek to shield illegal aliens from deportation"; and F. "Subject to the exceptions provided by [the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ("PRWORA")], the recipient must use SAVE, or an equivalent verification system approved by the Federal government, to prevent any Federal public benefit from being provided to an ineligible alien who entered the United States illegally or is otherwise unlawfully present in the United States." ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 12 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 13 of 49 Dkt. No. 11 ("McSpadden Decl."), Ex. A at 3. In addition, the CoC Grant Agreements also state that the Agreements, the recipients' use of funds provided under the Agreements, and the recipients' operation of projects with grant funds are "governed by" "all current Executive Orders." Id. at 1, ¶ 5. 2. The New DOT Funding Conditions Plaintiffs claim that DOT and its operating administrations have also attached unlawful funding conditions to the DOT grants by amending the grants' general terms and agreements, master grant agreements, and/or assurance requirements. For instance, Plaintiffs allege that DOT inserted the following funding conditions in the FTA Master Agreement that governs all FTA grants: A. "Pursuant to section (3)(b)(iv)(A), Executive Order 14173, Ending Illegal Discrimination and Restoring Merit -Based Opportunity, the Recipient agrees that its compliance in all respects with all applicable Federal anti -discrimination laws is material to the government's payment decisions for purposes of [the False Claims Act, 31 U.S.C. § 3729(b)(4)]"; B. "Pursuant to section (3)(b)(iv)(B), Executive Order 14173, Ending Illegal Discrimination and Restoring Merit -Based Opportunity, by entering into this Agreement, Recipient certifies that it does not operate any programs promoting diversity, equity, and inclusion (DEI) initiatives that violate any applicable Federal anti -discrimination laws"; and C. "[T]he Recipient will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigration law." Amend. Complirll 164, 172. In addition, the April 25, 2025 FTA Master Agreement requires that the recipient comply with all applicable federal laws, regulations, and requirements and defines "federal requirements" to include "executive order." Id. ¶¶ 168, 170. Plaintiffs allege that the ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 13 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 14 of 49 foregoing new funding conditions are included in materially identical form in the FHWA, FAA, and FRA grant requirements, as well as the DOT SMART grant program. They charge that the new funding conditions were not included in the relevant NOFOs, were not authorized by the relevant statutes, and are inconsistent with the relevant regulations. E. Plaintiffs Allege Irreparable Harm Plaintiffs allege that "[t]he grant conditions that Defendants seek to impose leave [them] with the Hobson's choice of accepting illegal conditions that are without authority [and] contrary to the Constitution .. . or forgoing the benefit of grant funds ... that are necessary for crucial local services." Id. ¶ 235. Plaintiffs claim that loss of the CoC Program grants would result in a loss of hundreds of millions of dollars in funding for housing and other services meant to meet the basic needs of the CoC Plaintiffs' homeless residents, including access to housing, healthcare, and counseling, which would have a devasting impact on their residents and communities. Likewise, Plaintiffs allege that the DOT grants represent billions of dollars in funding for critical services and projects for the DOT Plaintiffs' residents, including transit improvement and safety initiatives, critical railway and airport infrastructure, transportation modernization, and improved air quality. Plaintiffs assert that the loss of these projects would irreparably harm DOT Plaintiffs' residents and communities. IV. DISCUSSION A. The APA Sovereign Immunity Waiver Applies to Plaintiffs' Claims and this Court Has Jurisdiction pursuant to 28 U.S.C. § 1331 "[A plaintiff] may sue the United States only if Congress has waived sovereign immunity for the lawsuit, and may bring its claim in federal district court only if Congress has provided for jurisdiction there." North Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir. 1993) (en ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 14 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 15 of 49 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 banc) (per curiam). Thus, as a threshold matter, this Court must determine whether Congress has waived sovereign immunity for Plaintiffs' claims and whether this Court has subject -matter jurisdiction to address them. For the reasons set forth below, this Court concludes that the answer to both questions is yes. 1. The Sovereign Immunity Waiver under the APA It is a bedrock principal of our legal system that the federal government —including its federal agencies —has sovereign immunity and may not be sued absent a clear and express waiver by statute. See United Aeronautical Corporation v. United States Air Force, 80 F.4th 1017, 1022 (9th Cir. 2023); see also United States v. Mitchell, 463 U.S. 206, 212 (1983) ("It is axiomatic that the United States may not be sued without its consent and that existence of such consent is a prerequisite for jurisdiction."). The Administrative Procedure Act ("APA"), 5 U.S.C. § 551 et seq., is one example of such waiver —the statute expressly waives federal sovereign immunity so that a plaintiff "adversely affected" by a "final agency action" may obtain "judicial review thereof." Id § 702; see also Cmty Legal Servs. in E. Palo Alto v. U.S. Dep't of Heath & Hum. Servs., No. 25-2802, 2025 WL 1393876, at *2 (9th Cir. May 14, 2025) (quoting Abbott Lab 'ys v. Gardner, 387 U.S. 136, 140-41 (1967) (The APA "embodies [a] basic presumption of judicial review to one 'suffering legal wrong because of agency action.'")). However, the APA's sovereign immunity waiver is not without limits. Relevant to this motion are two such limitations. First, the waiver does not apply if the relief sought by the plaintiff is expressly or impliedly forbidden by another statute. Tucson Airport Auth v. Gen. Dynamics Corp., 136 F.3d 641, 645 (9th Cir. 1998); see also Cmty Legal Servs. in E. Palo Alto, 2025 WL 1393876, at *2 ("The APA generally waives sovereign immunity and permits a ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 15 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 16 of 49 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 challenge to agency action unless 'any other statute that grants consent to suit expressly or impliedly forbids the relief which is sought.") (quoting 5 U.S.C. § 702). Second, the waiver does not apply if an agency action is "committed to agency discretion by law." Jajati v. US. Customs & Border Prot., 102 F.4th 1011, 1014 (9th Cir. 2024) (quoting 5 U.S.C. § 701(a)(2)). In addition, the APA is not a jurisdiction -conferring statute in that it does not directly grant subject matter jurisdiction to the federal courts. See Califano v. Sanders, 430 U.S. 99, 105 (1977). Instead, federal courts exercise jurisdiction over APA claims pursuant to 28 U.S.C. § 1331, which grants courts jurisdiction to hear cases arising under federal law. See South Delta Water Agency v. United States, 767 F.2d 531, 539 (9th Cir. 1985) ("[T]he Supreme Court has interpreted section 1331 as conferring jurisdiction on federal courts to review agency action 'subject only to preclusion -of -review statutes created or retained by Congress. . .'") (quoting Califano, 430 U.S. at 105)). 2. The Parties' Jurisdictional Arguments According to Plaintiffs, their claims fall squarely within the APA's sovereign immunity waiver because they seek injunctive and declaratory relief against HUD and DOT actions that have adversely affected them, and that this Court has jurisdiction under 28 U.S.C. § 1331. Defendants counter that Plaintiffs' claims fall outside the APA's waiver and this Court's jurisdiction for two reasons. First, they argue that the relief Plaintiffs request is impliedly forbidden by the Tucker Act, 28 U.S.C. § 1491, which grants the Court of Federal Claims exclusive jurisdiction over contract claims against the federal government. § 1491(a). Second, Defendants contend that HUD's and DOT's decision to impose the new funding conditions on ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 16 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 17 of 49 the grants is not subject to this Court's review because the action is "committed to agency discretion by law." 5 U.S.C. § 701(a)(2). 3. The Tucker Act Does Not Impliedly Forbid the Relief Sought by Plaintiffs Defendants argue that Plaintiffs' claims, while pled under the APA, are actually breach - of -contract claims against the United States and, therefore, must be brought in the Court of Federal Claims. In other words, Defendants' jurisdictional argument hinges on their successfully recharacterizing Plaintiffs' allegations as contract claims rather than APA challenges to agency action. See Cmty Legal Servs. in E. Palo Alto, 2025 WL 1393876, at *2 ("[T]he Tucker Act . . . forbid[s]' an APA action seeking injunctive and declaratory relief only if that action is a 'disguised' breach -of -contract claim.") (quoting United Aeronautical Corp., 80 F.4th at 1026). a. Plaintiffs' APA Claims Are Not "Disguised" Breach -of - Contract Claims To resolve whether Plaintiffs' APA claims are "disguised" breach -of -contract claims that must be brought in the Court of Federal Claims, this Court must determine: (1) "the source of the rights" upon which Plaintiffs base their claims, and (2) "the type of relief' Plaintiffs seek. United Aeronautical Corp., 80 F.4th at 1026 (quoting Megapulse, Inc. v. Lewis, 672 F.2d 959, 967 (D.C. Cir. 1982) ("The classification of a particular action as one which is or is not 'at its essence' a contract action depends on both the source of the rights upon which plaintiff bases its claims, and upon the type of relief sought (or appropriate)."). "If the rights and remedies are statutorily or constitutionally based," this Court has jurisdiction; "if the rights and remedies are contractually based," the Court of Federal Claims has jurisdiction. Id. (emphasis in original). ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 17 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 18 of 49 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (i) The Source of Rights on which Plaintiffs' Base Their Claims In examining the source of the rights upon which a plaintiff bases its claims, courts consider, among other things: (1) whether the "asserted rights and the government's purported authority arise from statute," (2) whether the "rights exist ... apart from rights created under [a] contract," and (3) whether the plaintiff seeks to enforce a duty on the government that was created by a contract "to which the government is a party. Crowley Gov't Servs., Inc. v. Gen. Servs. Admin., 38 F.4th 1099, 1107 (D.C. Cir. 2022). Courts have explicitly rejected the notion "that any case requiring some reference to ... a contract is necessarily on the contract and therefore directly within the Tucker Act" because to do so would "deny a court jurisdiction to consider a claim that is validly based on grounds other than a contractual relationship with the govemment." Id. (quoting Megapulse, 672 F.2d at 967-68) (recognizing that "[c]ontract issues may arise in various types of cases where the action itself is not founded on a contract"). "[T]he mere fact that a court may have to rule on a contract issue does not, by triggering some mystical metamorphosis, automatically transform an action ... into one on the contract and deprive the court of jurisdiction it might otherwise have." Megapulse, 672 F.2d at 968; see also Transohio Say. Bank v. Director, Office of Thrift Supervision, 967 F.2d 598, 609 (D.C. Cir. 1992), rev 'd on other grounds, Perry Capital LLC v. Mnuchin, 864 F.3d 591 (D.C. Cir. 2017) ("The answer ... depends not simply on whether a case involves contract issues, but on whether, despite the presence of a contract, plaintiffs' claims are founded only on a contract, or whether they stem from a statute or the Constitution."). Defendants argue that the purpose of Plaintiffs' lawsuit is to force the government to release the CoC and DOT grant funds to them, and the sources of Plaintiffs' rights to those funds ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION -18 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 19 of 49 are the CoC and DOT Grant Agreements. According to Defendants, "[t]hat means the source of Plaintiffs' rights are [sic] contractual, and this Court lacks subject -matter jurisdiction." Dkt. No. 55 ("Defs.' Opp.") at 15. Defendants misconstrue the nature of Plaintiffs' lawsuit. Contrary to what Defendants argue, Plaintiffs are not seeking an order from this Court directing payment of the grant funds to them. Instead, the relief Plaintiffs seek is an order from this Court declaring that the new funding conditions are unlawful and enjoining Defendants from imposing them in the Grant Agreements. Specifically, Plaintiffs seek: (1) a declaration that the new funding conditions Defendants imposed in the Grant Agreements "are unconstitutional, are not authorized by statute, violate the APA, and are otherwise unlawful" and (2) an injunction "enjoining [Defendants] from "imposing or enforcing [the new funding conditions] or any materially similar terms or conditions to any [CoC or DOT] funds received by or awarded to, directly or indirectly, [Plaintiffs]." Amend Compl. at VI. A—D. Plaintiffs contend that the funding conditions are unlawful because they are not included in the relevant NOFOs, are unauthorized by the statutes that created the relevant programs, are inconsistent with the appropriations statutes that fund the programs, and do not comply with the regulations that HUD and DOT promulgated to implement the programs. See generally Amend. Compl. Resolution of Plaintiffs' claims will require this Court to conduct an in-depth analysis of the foregoing statutes and regulations to determine whether Defendants acted reasonably and in compliance with Plaintiffs' statutory and constitutional rights; resolution of Plaintiffs' claims will not require an analysis of the respective Grant Agreements. Thus, the source of Plaintiffs' rights resides in statutes and the Constitution, not in any contractual provisions in the Grant Agreements. See Cmty Legal Servs. in E. Palo Alto, 2025 WL 1393876, at *2 ("[P]laintiffs seek to enforce ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION -19 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 20 of 49 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 compliance with statutes and regulations, not any government contract.. . . Seeking to ensure compliance with statutory and regulatory commands is a matter beyond the scope of the Tucker Act's exclusive jurisdiction."); Widakuswara v. Lake, No. 25-5144, 2025 WL 1288817, at *10 (D.C. Cir. May 3, 2025) (Pillard dissenting) ("What matters is what the court must examine to resolve the case: If a plaintiff's claim depends on interpretation of statutes and regulations rather than the terms of an agreement negotiated by the parties, the claim is not in essence contractual."); Crowley, 38 F.4th at 1109-10 (claim was statutory, not contractual, when it "require[d] primarily an examination of statutes"); Climate United Fund v. Citibank N.A., No. 25-cv-698, 2025 WL 842360, at *6 (D.D.C. March 18, 2025) ("Plaintiffs do not challenge a contract between the parties —they challenge an action .. . Plaintiffs' claims arise under a federal grant program and turn on the interpretation of statutes and regulations rather than on the interpretation of an agreement negotiated by the parties.") (quoting Md. Dep't of Hum. Res. v. Dep't of Health & Hum. Servs., 763 F.2d 1441, 1449 (D.C. Cir. 1985)). (h) The Type of Relief Sought by Plaintiffs Next, this Court must consider the nature of the relief sought by Plaintiffs in this lawsuit. United Aeronautical Corp., 80 F.4th at 1026. If the relief sought is "akin to the traditional remedies available for breach of contract (damages or specific performance)", the Tucker Act applies, and Plaintiffs' claims belong in the Court of Federal Claims. Id.; Crowley, 398 F.4th at 1107 ("The crux of this inquiry .. . boils down to whether the plaintiff effectively seeks to attain money damages in the suit."). If, however, the relief sought is not for money damages, then Plaintiffs' claims do not belong in the Court of Federal Claims, which is a specialized forum to resolve "actions based on government contracts," Megapulse, 672 F.2d at 967, for "naked money ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 20 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 21 of 49 2 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 judgment[s] against the United States." Bowen v. Massachusetts, 487 U.S. 879, 905 (1988). As discussed above, Plaintiffs seek injunctive and declaratory relief only, they do not seek money damages based on a breach of contract claim. Indeed, the Amended Complaint expressly seeks no monetary relief. This, alone, is sufficient to render the Tucker Act inapplicable. See Bowen, 487 U.S. at 893 ("[I]nsofar as the complaints sought declaratory and injunctive relief, they were certainly not actions for money damages."). Nevertheless, Defendants argue that if this Court grants the equitable relief Plaintiffs request, it will ultimately result in the federal government having to disburse the grant funds, so Plaintiffs' request is really one for money damages. Defendants' argument is foreclosed by Bowen, 487 U.S. at 893. In Bowen v. Massachusetts, the Supreme Court was asked to address the scope of the APA's sovereign immunity waiver where the Commonwealth of Massachusetts challenged a final order of the Secretary of Health and Human Services ("the Secretary") refusing to reimburse Massachusetts through the Medicaid program for services related to care for the mentally disabled. Id at 882. Massachusetts filed a complaint in district court alleging jurisdiction pursuant to 28 U.S.C. § 1331 and waiver of sovereign immunity under the APA. Id. The Secretary argued that Massachusetts could not bring its claim under the APA because it was seeking "money damages" —Le., reimbursement for the Medicaid services —and, as such, the federal district court did not have jurisdiction. The Supreme Court disagreed, concluding that the district court did have jurisdiction because the relief sought by Massachusetts did not constitute "money damages" within the meaning of the APA. Id. at 893. In reaching this decision, the Supreme Court noted that "[t]he fact that a judicial remedy may require one party to pay money to another is not a sufficient ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 21 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 22 of 49 1 2 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 reason to characterize the relief as `money damages'. Id. In other words, the Supreme Court held that even though the relief Massachusetts requested —reversal of the Secretary's decision to deny reimbursement —would obligate the United States to pay Massachusetts, this did not mean that Massachusetts' claim was for "'money damages' as that term is used in the law." Id. at 883. The Supreme Court distinguished between compensatory damages, which "are given to the plaintiff to substitute for a suffered loss"' and specific remedies, which "are not substitute remedies at all, but attempt to give the plaintiff the very thing to which he was entitled." Id. at 895 (quoting Md. Dep't of Hum. Res., 763 F.2d at 1446 (quoting D. Dobbs, Handbook on the Law of Remedies 135 (1973)) (emphasis in original)). With this distinction in mind, the Supreme Court concluded that Massachusetts' action to enforce the requirement that the government "shall pay' certain amounts for appropriate Medicaid services, is not a suit seeking money in compensation for the damage sustained by the failure of the Federal Government to pay as mandated; rather, it is a suit seeking to enforce the statute mandate itself, which happens to be one for the payment of money." Id at 900 (emphasis in original). Thus, the Supreme Court determined that Massachusetts' claim was one for specific relief, not money damages; as such, the district court had jurisdiction over the claim." The United States Court of Appeals for the Federal Circuit ("Federal Circuit") faced a similar jurisdictional issue in Katz v. Cisneros, 16 F.3d 1204 (Fed Cir. 1994). The plaintiff in that case was a low-income housing developer who entered into a housing assistance payments " The Supreme Court also noted that the legislative history of the 1976 amendment to the APA (the amendment that added the sovereign immunity waiver) made it clear that Congress intended to authorize APA review of federal grant-in-aid programs, and this is "surely strong affirmative evidence" that Congress "did not regard judicial review of an agency's disallowance decision as an action for damages." Id at 898. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 22 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 23 of 49 contract as part of the Section 8 Moderate Rehabilitation Program of the United States Housing Act of 1937. The Section 8 Program is administered by HUD through Public Housing Agencies ("PHAs") with whom HUD contracts to carry out the program at the Local level. The Katz plaintiff had entered into a contract with a local PHA to develop a low-income housing project for an agreed -upon amount of rent payable to the plaintiff. The agreed -upon rent was calculated in accordance with HUD regulations based on the plaintiff's cost of acquiring, owning, managing, and maintaining the project. However, after the plaintiff completed the project, HUD determined that the contract rent rate was too high, ordered that the rent be lowered, and further ordered that the plaintiff return all overpayments. The plaintiff filed suit in federal district court, alleging claims for declaratory and injunctive relief, as well as breach of contract, among other claims, and asserting that the district court had jurisdiction under 28 U.S.C. § 1331 and the APA sovereign immunity waiver. HUD challenged the district court's jurisdiction, arguing that the lawsuit was "contractual and that money damages [were] the appropriate relief." Id. at 1207. The district court agreed with HUD and transferred the case to the Court of Federal Claims. The plaintiff appealed and the Federal Circuit reversed and remanded the case back to the district court. In reaching its decision, the Federal Circuit held that "Bowen v. Massachusetts ... compels the conclusion that the relief sought by [the plaintiff] is not money damages, but a declaratory judgment and other equitable relief." Id at 1208. The Federal Circuit saw no distinction between the kind of relief sought by Massachusetts in Bowen and that sought by the plaintiff in the case before it: Like Massachusetts, [plaintiff] seeks payments to which it alleges it is entitled pursuant to federal statute and regulations; it does not seek money as compensation for a loss suffered. It wants to compel HUD to perform the calculation of contract rents in accordance with [HUD regulations]. That a payment of money may flow ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 24 of 49 from a decision that HUD erroneously interpreted or applied its regulation does not change the nature of the case. Id. The Federal Circuit reached the same conclusion in National Center for Mfg. Sciences v. United States, 114 F.3d 196 (Fed. Cir. 1997) in which the National Center for Manufacturing Sciences ("NCMS") filed suit against the United States Air Force in federal district court seeking an order directing the Air Force to release funds appropriated by Congress pursuant to an agreement between NCMS and the Air Force. The district court had determined that NCMS's claim was a contract claim against the government and ordered that the case be transferred to the Court of Federal Claims. NCMS appealed the transfer and the Federal Circuit determined that the district court had jurisdiction, stating: [t]he distinction drawn by the Supreme Court in Bowen v. Massachusetts and by this court in Katz v. Cisneros between "money damages" (as that term is used in 5 U.S.C. § 702) and other forms of monetary relief makes it clear that NCMS's demand for the release of the remaining funds referred to in the Appropriations Act is not a demand for "money damages" within the meaning of the exception to the APA's waiver of sovereign immunity. Like the grant-in-aid applicants referred to in Bowen v. Massachusetts, NCMS is seeking funds to which it claims it is entitled under a statute; it is not seeking money in compensation for losses that it has suffered or will suffer as a result of the withholding of those funds. Thus, the message of Bowen v. Massachusetts and Katz v. Cisneros, as applied to this case, is that sovereign immunity does not bar the district court from conducting APA review of the Air Force's refusal to release funds appropriated under the Appropriations Act. Id. at 200. The message of Bowen, Katz, and NCMS is crystal clear —the term "money damages" for purposes of the APA's sovereign immunity waiver refers to "a sum of money used as compensatory relief' that is "given to the plaintiff to substitute for a suffered loss." Bowen, 487 U.S. at 895 (quoting Md. Dep't of Hum. Res., 763 F.2d at 1446 (emphasis in original). This ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 24 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 25 of 49 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 contrasts with "specific remedies," which "are not substitute remedies at all, but attempt to give the plaintiff the very thing to which he is entitled." Id. Applying this message to the instant case, it is beyond dispute that Plaintiffs are not seeking monetary damages to compensate them for losses they have suffered or will suffer because Defendants have inserted the challenged funding conditions in the Grant Agreements. Instead, they are seeking a specific remedy: the right to enter into the Grant Agreements without the challenged funding conditions. As the Supreme Court, the Federal Circuit Court, and numerous other courts have held, the fact that the relief requested may eventually result in disbursement of the money to Plaintiffs does not change the nature of the relief sought. See, e.g., Tucson, 136 F.3d at 645 ("An action for specific performance is not an action of `money damages' under APA § 702, even if the remedy may actually require a payment of money by the government."); Tootle v. Secretary of Navy, 446 F.3d 167, 175-76 (D.C. Cir. 2006) (the fact that plaintiff may recover monetary benefits if he prevails does not render his lawsuit anything "more than a routine APA case —a challenge to the reasonableness of the governmental action on the grounds that it was arbitrary, capricious, inadequately explained, and in violation of agency regulations."); Kidwell v. Dep't of Army, Bd. for Correction of Military Records, 56 F.3d 279, 284 (D.C. Cir. 1995) ("A plaintiff does not 'in essence' seek monetary relief ... merely because he or she hints at some interest in a monetary award from the federal government or because success on the merits may obligate the United States to pay the complainant."); Pacito v. Trump, No. 2:25-cv-255-JNW, 2025 WL 655075, at * 17 (W.D. Wash. Feb. 28, 2025) ("[W]hen a party suing the federal government `seek[s] funds to which a statute allegedly entitles it, rather than money in compensation for the losses,' such a claim is not excepted from Section 702's sovereign -immunity waiver."). ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 26 of 49 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The Supreme Court's recent stay order in Department of Education v. California, 145 S. Ct. 966 (2025) does not mandate a different outcome. In that case, a federal district court had issued a temporary restraining order enjoining the government from terminating education - related grants. In addition, the order required the government to pay past -due grant obligations and future obligations as they accrued. Id at 968. Given the payment requirements, the Supreme Court construed the order as effectively an order "to enforce a contractual obligation to pay money" and stayed the temporary restraining order, finding, in part, that the government was likely to succeed on its claim that the federal district court did not have jurisdiction to order the payment of money under the APA. Id. The Supreme Court noted that while a district court's jurisdiction is not barred simply because "an order setting aside an agency's action may result in the disbursement of flids," the APA's immunity waiver "does not extend to orders 'to enforce a contractual obligation to pay money' along the lines of what the District Court ordered here." Id. (quoting Great -West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204, 212 (2002)). In the instant case, while it is true that a preliminary injunction may ultimately result in payment by the government to Plaintiffs, the injunction, itself, will not direct such payment. Thus, Department of Education has no application where, as here, the claims sound in statute and the Constitution, not a contract. See Cmty. Legal Servs. in E. Palo, 2025 WL 1393876, at *3 (9th Cir. May 14, 2025) (holding that Department of Education is inapplicable to claims that sound in statute rather than contract). 4. The Imposition of the New Funding Conditions on the Grants Is Not Committed to Agency Discretion by Law Next, Defendants argue that even if this Court determines that Plaintiffs' claims are not foreclosed under the Tucker Act, the claims are not reviewable because the actions at issue are ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 26 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 27 of 49 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 committed to the agencies' discretion by law. While "the APA establishes a basic presumption of judicial review for one suffering legal wrong because of agency action, that presumption can be rebutted by a showing that . .. the agency action is committed to agency discretion by law." Dep't of Homeland Sec. v. Regents of the Univ. of California, 140 S. Ct. 1891, 1905 (2020) (cleaned up); 5 U.S.C. § 701(a)(2). Where that is the case, courts have no authority to review or set aside the agency's action. The Court concludes this exception to the "strong" and "basic presumption of judicial review" does not apply in this case. Agency action is committed to agency discretion only in those "rare instances where statutes are drawn in such broad terms that in a given case there is no law to apply, thereby leaving the court with no meaningful standard against which to judge the agency's exercise of discretion." ASSE Intl, Inc. v. Kerry, 803 F.3d 1059, 1068 (9th Cir. 2015); Texas v. United States, 809 F.3d 134, 168 (5th Cir. 2015), as revised (Nov. 25, 2015) (Even where "a statute grants broad discretion to an agency," courts are empowered to review the agency's actions under the APA "unless the statutory scheme, taken together with other relevant materials, provides absolutely no guidance as to how that discretion is to be exercised."). As courts have often (and recently) repeated, to "honor the [APA's] presumption of review, we have read the exception in § 701(a)(2) quite narrowly," confining it to a "rare" and "limited category" of "administrative decision[s] traditionally left to agency discretion." Regents, 140 S. Ct. at 1905 (citing Weyerhaeuser Co. v. United States Fish and Wildlife Serv., 139 S. Ct. 361, 370 (2018); Lincoln v. Vigil, 508 U.S. 182, 191 (1993)). Defendants have failed to demonstrate that the contested conditions fall within "[t]his limited category of unreviewable actions." Id. They broadly assert that an "agency's ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION -27 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 28 of 49 2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 determination of how best to condition appropriated funds to fulfill its legal mandates is classic discretionary agency action," and cite a single case, Lincoln v. Vigil, for the principle that an agency's decision to cancel a program is unreviewable, because how to allocate funds "from a lump -sum appropriation' is an 'administrative decision traditionally regarded as committed to agency discretion.' Defs.' Opp. at 29 (citing 508 U.S. at 193). But the agency action at issue in Lincoln differs materially from the actions at issue in this case. In Lincoln, the Indian Health Service ("IHS") administered the "Indian Children's Program," funded through a "lump -sum appropriation" from Congress with instruction to "expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians" for the "relief of distress and conservation of health." Lincoln, 508 U.S. at 185 (citing 25 U.S.C. § 13). After IHS discontinued the program, plaintiffs filed suit under, inter alia, the APA. The Lincoln court determined that the lack of congressional attention to any details regarding the spending of the appropriated funds indicated that the agency receiving funds was empowered to exercise discretion in how to spend them. Id. at 193 ("[A]s the agency allocates funds from a lump -sum appropriation to meet permissible statutory objectives, [the APA] gives the courts no leave to intrude."). In fact, as Plaintiffs point out, Congress's "lump sum" appropriation did not even mention the program. See id at 190 (noting lower courts could identify "no statute or regulation even mentioning the Program"); id at 187 ("Congress never authorized or appropriated moneys expressly for the Program."). In contrast, the moneys at issue in this case were not appropriated in an undifferentiated "lump sum." To the contrary, the grants at issue here abound with specific directives. For instance, the Homeless Assistance Act specifically authorized the CoC Program to provide ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 28 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 29 of 49 services to those experiencing homelessness with the goal of achieving long-term stability, and expressly sets forth directives that specify the types of programs that are eligible for funding and the criteria for selecting grant recipients. See, e.g., 42 U.S.C. § 11383(a) (eligible activities include construction of new housing units to provide transitional or permanent housing, acquisition or rehabilitation of existing structure to providing housing or supportive services, provision of rental assistance, and payment of operating costs); id. § 11386(a) (selection criteria include past performance of recipients, the extent that the recipients address the needs of subpopulations, sets quantifiable performance measures, maintains implementation strategies). Likewise, the FTA grants in question here expressly and specifically allotted funds for (1) the operation of public transit facilities and equipment in urban areas, (2) public transit systems that operate on fixed rights -of -way such as rail or passenger ferries, (3) replacement of rail rolling stock, and (4) the purchase and maintenance of buses and bus facilities. 49 U.S.C. §§ 5302(8), 5307(a)(1), 5337(b), 5339(a)(2), (b), (c). And the DOT SMART program establishes a set of selection criteria that requires, among other things, that the funded projects reduce congestion and delays for commerce and the traveling public, improve safety for pedestrians, bicyclists, and the traveling public, and connect access for underserved or disadvantaged populations. Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, § 25005,135 Stat. 840-41 (2021). As discussed further below, each of these enabling statutes provides substantial guidance as to how the agencies' discretion should be exercised in implementing these programs, and for the Court to evaluate whether that discretion is being exercised in a reasonable manner. Plaintiffs' claims thus do not involve the "narrow category" of agency actions that are unreviewable under the APA. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 29 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 30 of 49 For the foregoing reasons, this Court concludes that the APA waives federal sovereign immunity for Plaintiffs' claims seeking declaratory and injunctive relief against Defendants' agency action and this Court has subject -matter jurisdiction under 28 U.S.C. § 1331 to resolve the merits of Plaintiffs' claims. B. Injunctive Relief Is Warranted 1. Legal Standard A preliminary injunction is a matter of equitable discretion and is "an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief." Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 22 (2008). "A plaintiff seeking preliminary injunctive relief must establish that [it] is likely to succeed on the merits, that [it] is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in [its] favor, and that an injunction is in the public interest." Id at 20. Alternatively, an injunction may issue where "the likelihood of success is such that serious questions going to the merits were raised and the balance of hardships tips sharply in [the plaintiff's] favor," provided that the plaintiff can also demonstrate the other two Winter factors. All. for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131-32 (9th Cir. 2011) (citation and internal quotation marks omitted). Under either standard, Plaintiffs bear the burden of making a clear showing that they are entitled to this extraordinary remedy. Earth Island Inst. v. Carlton, 626 F.3d 462, 469 (9th Cir. 2010). The most important Winter factor is likelihood of success on the merits. See Disney Enters., Inc. v. VidAngel, Inc., 869 F.3d 848, 856 (9th Cir. 2017). 2. Plaintiffs Are Likely to Succeed on the Merits of Their APA Claims The APA broadly "sets forth the procedures by which federal agencies are accountable to ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 30 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 31 of 49 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the public and their actions subject to review by the courts." Regents, 140 S. Ct. at 1905 (quoting Franklin v. Massachusetts, 505 U.S. 788, 796 (1992)). Under the APA, agencies must "engage in reasoned decisionmaking," and the Court is empowered to "hold unlawful and set aside agency action 18... found to be (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right; [or] (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right." 5 U.S.C. § 706(2). Plaintiffs challenge Defendants' actions as "contrary to constitutional right" and "in excess of statutory authority," and as arbitrary and capricious. See Amend. Compl., Counts 5, 6, 7, T¶ 276-303. a. Defendants' Actions Violate APA as Contrary to Constitution and in Excess of Statutory Authority (Counts 6 & 7) (i) Separation of Powers Doctrine Under the APA, a court may set aside an agency action that is "contrary to constitutional right, power, privilege, or immunity" or "in excess of statutory jurisdiction, authority, or limitations, or short of statutory right." 5 U.S.C. § 706(2)(B), (C). Plaintiffs challenge Defendants' conditions as both contrary to the Constitution's Separation of Powers doctrine and in excess of any authority conferred by Congress. Amend. Compl., ¶¶ 291-95; 296-303. Because the Separation of Powers doctrine and the APA's "in excess of statutory authority" standard both turn on the same essential question —whether the agency acted within the bounds of its authority, either as conferred by the Constitution or delegated by Congress —the Court addresses the claims 18 For agency action to be final and thus reviewable under the APA, that action must (1) "mark the consummation of the agency's decisionmaking process," meaning not "tentative or interlocutory" and (2) "be one by which rights or obligations have been determined, or from which legal consequences will flow." Bennett v. Spear, 520 U.S. 154, 177-78 (1997) (quotations omitted). Plaintiffs assert, Defendants do not dispute, and the Court finds that under this standard, the new funding conditions at issue here are "final agency actions" for purposes of APA review. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION -31 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 32 of 49 1 2 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in a single analysis. The Separation of Powers doctrine recognizes that the "United States Constitution exclusively grants the power of the purse to Congress, not the President." City & Cnty. of San Francisco v. Trump, 897 F.3d 1225, 1231 (9th Cir. 2018) (citing the Appropriations Clause, U.S. Const. art. I, § 9, cl. 7 ("No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.")). "The [Appropriations] Clause has a 'fundamental and comprehensive purpose . .. to assure that public funds will be spent according to the letter of the difficult judgments reached by Congress as to the common good and not according to the individual favor of Government agents.' United States v. McIntosh, 833 F.3d 1163, 1175 (9th Cir. 2016) (quoting Office of Pers. Mgmt. v. Richmond, 496 U.S. 414, 427-28, 2473 (1990)). In contrast, "[t]here is no provision in the Constitution that authorizes the President to enact, to amend, or to repeal statutes." Clinton v. City of New York, 524 U.S. 417, 438 (1998). "Aside from the power of veto, the President is without authority to thwart congressional will by canceling appropriations passed by Congress." San Francisco, 897 F.3d at 1231. It follows that an executive agency "literally has no power to act . . . unless and until Congress confers power upon it." La. Pub. Serv. Comm'n v. FCC, 476 U.S. 355, 374 (1986); see California v. Trump, 379 F. Supp. 3d 928, 941 (N.D. Cal. 2019), aff'd, 963 F.3d 926 (9th Cir. 2020). When an agency is charged with administering a statute, "both [its] power to act and how [it is] to act [are] authoritatively prescribed by Congress." City of Arlington v. FCC, 569 U.S. 290, 297 (2013). "Absent congressional authorization, the Administration may not redistribute or withhold properly appropriated funds in order to effectuate its own policy goals." San Francisco, 897 F.3d at 1235. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 32 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 33 of 49 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Against this backdrop, Plaintiffs argue that in attempting to condition disbursement of funds in part on grounds not authorized by Congress, but rather on Executive Branch policy, Defendants are acting in violation of the Separation of Powers principle and "in excess of statutory jurisdiction, authority, or limitations, or short of statutory right." 5 U.S.C. § 706(2)(B), (C). Plaintiffs argue that neither the Homeless Assistance Act nor any other statute authorizing the grants at issue confers on Defendants the kind of authority they are attempting to assert. For the reasons explained below, the Court agrees. (ii) The New HUD Funding Conditions Plaintiffs contend that the contested conditions must be set aside because there is no legislation that "authorizes HUD to impose conditions on CoC grant funding related to prohibiting all forms of DEL policies and initiatives, promoting aggressive and lawless immigration enforcement, requiring exclusion of transgender people, or cutting off access to information about lawful abortions." Amend. Compl., ¶ 300. In response, Defendants do not dispute that such authorization is required, but fail to identify a statutory source conferring it. Instead, they refer to several agency regulations for the proposition that Defendants "may terminate their grants merely based on a change in policy priorities." Defs.' Opp. at 27 (citing 2 C.F.R. § 200.340(a)(4)). As Plaintiffs point out, however, an agency regulation cannot create statutory authority; only Congress can do that. Whatever actions HUD chooses to take based on a change in its policy priorities must still be rooted in a congressional delegation of authority, a limitation that the cited regulation itself makes clear. See 2 C.F.R. § 200.340(a)(4) (award may be terminated if it "no longer effectuates the program goals or agency priorities," but only "to the extent authorized by law."). ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 33 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 34 of 49 Defendants do not and reasonably could not argue that any of the new funding conditions were explicitly authorized by the Homeless Assistance Act. That legislation does outline several conditions that grant recipients must agree to. These enumerated conditions require recipients, among other things, "to monitor and report to the Secretary the progress of the project"; "to ensure ... that individuals and families experiencing homelessness are involved" in the project; and to "monitor and report" the receipt of any matching funds. 42 U.S.C. § 11386(b). But the Homeless Assistance Act does not make direct (or even indirect) reference to any of the new conditions Plaintiffs are challenging in this case. While the Act includes a limited "catchall" provision, which allows HUD to impose "such other terms and conditions as the Secretary may establish to carry out this part in an effective and efficient manner," Defendants have not argued that this provision confers the authority to impose the conditions at issue here. Applying basic rules of statutory interpretation, the Court concludes in any event it does not. Under the canon ejusdem generis, or "of the same kind," "[w]here general words follow specific words in a statutory enumeration, the general words are construed to embrace only objects similar in nature to those objects enumerated by the preceding specific words." Cir. City Stores, Inc. v. Adams, 532 U.S. 105, 114-15 (2001). Substantive conditions implicating controversial policy matters that are unrelated to the authorizing statute, such as prohibitions on DEL initiatives and "promot[ing] elective abortion," are simply not "of the same kind" as conditions that require recipients to monitor and report the progress of their program. Moreover, Defendants have not even attempted to explain to this Court how the proposed funding conditions might actually fall within this catchall provision —how they would, in other words, support the Secretary in carrying out the CoC program "in an effective and efficient manner." ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 34 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 35 of 49 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Given the stated objectives of the Homeless Assistance Act, including to "meet the critically urgent needs of the homeless of the Nation," and "to assist the homeless, with special emphasis on elderly persons, handicapped persons, families with children, Native Americans, and veterans," the Court is skeptical that Defendants would be convincingly able to do so. 42 U.S.C. § 11301(b). The Court concludes that Plaintiffs are likely to prevail in their claim that in attempting to impose the new funding conditions on recipients of the CoC funds, Defendants have run afoul of the Separation of Powers doctrine, and were acting in excess of statutory authority, and that under the APA, those conditions must be set aside. MO The New DOT Funding Conditions Defendants' attempts to identify statutory authority for imposing the contested conditions on the DOT grants administered through FTA, FHWA, FAA, and FRA suffer from similar deficiencies. As noted above with respect to the new funding conditions in the CoC Grant Agreements, agency regulations cannot create or confer statutory authority, and the DOT Defendants' attempt to rely on them also fails. Nor have Defendants identified any statutory authority for imposing the new DOT funding conditions. Plaintiffs have identified the statutory sources of the various DOT grant funds at issue in this case, and while many of those statutes contain explicit conditional prescriptions, none of those prescriptions relate to the conditions challenged here. See Amend. Compl., ¶1I 85-120. The statute authorizing FTA's Urban Area Formula Grants, for example, imposes a number of conditions on grant recipients, providing that they will not be eligible to receive funding for a program unless, among other things, they "have the legal, financial, and technical capacity to carry out the program," and "have satisfactory continuing control over the use of equipment and ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 35 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 36 of 49 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 facilities." 49 U.S.C. § 5307(c)(1)(A)—(B). In another similar example, the statute authorizing the FHWA's Bridge Investment Program provides financial assistance for improving the condition of the nation's bridges. That statute directs DOT to consider, among other factors, "the average daily person and freight throughput supported by the eligible project," "the extent to which the eligible project demonstrates cost savings by bundling multiple bridge projects," and "geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities." 23 U.S.C. § 124(c)(5)(A); see also § 124(g)(4)(B) (authorizing grants only for projects that generate "safety benefits, including the reduction of accidents and related costs," "national or regional economic benefits," and "environmental benefits, including wildlife connectivity"). Defendants have not claimed that any of the DOT grant -authorizing statutes explicitly, or even implicitly, relate even remotely to the newly imposed DOT funding conditions. The only statute Defendants cite in support of DOT's claimed statutory authority is 49 U.S.C. § 5334. That section authorizes the Secretary of Transportation to "prescribe terms for a project that receives Federal financial assistance under this chapter," and "include in an agreement or instrument under this chapter a covenant or term the Secretary of Transportation considers necessary to carry out this chapter." 49 U.S.C. § 5334(a)(1),(9). These provisions do not carry the weight Defendants suggest they do. First, they are contained in a section titled "Administrative provisions," clearly signaling a limit on what kind of authority is being delegated: to wit, authority to administer the programs, not to inject substantive policies into them. This is particularly true in this case given that the challenged conditions not only are unrelated to the subject matter of the statutes at issue, but also reflect divisive and hotly debated policy choices. Furthermore, as with the proposed CoC funding conditions, these seemingly broad delegations of ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 36 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 37 of 49 authority must be interpreted under the ejusdem generis canon of construction. The specifically enumerated authority outlined in Section 5334 includes such "administrative provisions" as granting the Secretary authority to "sue and be sued," to "foreclose on property," and to "collect fees to cover the costs of training." Id. § 5334 (a)(2),(3),(10). The seemingly broad authority that follows —to "prescribe terms for a project" —on which Defendants rely in imposing their conditions must be read in the limiting context of these specific grants of authority that precede it. Properly read, the statute does not confer the unbounded discretion that Defendants claim and indeed, require. And again, Defendants have not even attempted to explain how the conditions challenged here might be "necessary" to carry out the DOT grant programs —for example, how requiring grant recipients to certify that they do not "operate any programs promoting diversity, equity, and inclusion (DEI) initiatives," might be necessary to carry out the "development and revitalization" of the nation's "public transportation systems." 49 U.S.C. § 5301. Accordingly, the Court concludes that Plaintiffs are likely to prevail on their claim that in attempting to impose on Plaintiffs the conditions in the Master Agreement, Defendants have acted in a manner that violates the Separation of Powers doctrine and exceeds statutory authority, and that under the APA those conditions must be set aside. b. Defendants' Actions Were "Arbitrary and Capricious," 5 U.S.C. § 706(2)(A) (Count 5) Plaintiffs have also asserted that the funding conditions must be set aside as "arbitrary" and "capricious." 5 U.S.C. § 706(2)(A); Amend. Compl., Tig 276-90. The APA requires agencies to engage in "reasoned decisionmaking," and their actions must be "reasonable and reasonably explained." Michigan v. EPA, 576 U.S. 743, 750 (2015); Ohio v. EPA, 603 U.S. 279, 292 (2024) (cleaned up). An agency must offer "a satisfactory explanation for its action," and cannot rely on ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 37 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 38 of 49 "factors which Congress has not intended it to consider." Motor Vehicle Mfrs. Ass'n of U.S., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43 (1983). Plaintiffs maintain that Defendants have not followed these prescriptions, and have failed to provide reasonable explanations for any of the new funding conditions. The Court concludes that Defendants have failed to demonstrate that the new funding conditions were the result of "reasoned decisionmaking," let alone have been "reasonably explained." In fact, they have not been explained at all. The CoC Program Grant Agreements and the new DOT agreements proffer no explanation for adoption of the new conditions. Several of the conditions make reference to certain Executive Orders. See, e.g., Abortion Condition, Marshall Decl., Ex. B (providing grant recipient "shall not use any Grant Funds to fund or promote elective abortions, as required by E.O. 14182"). But rote incorporation of executive orders —especially ones involving politically charged policy matters that are the subject of intense disagreement and bear no substantive relation to the agency's underlying action —does not constitute "reasoned decisionmaking." For this reason, the Court concludes that Plaintiffs are likely to succeed on the merits of their claim that Defendants' insistence on the new funding conditions was arbitrary and capricious, which is independent grounds for setting aside those conditions. I 9 19 Plaintiffs have asserted several other claims both under the APA and under the Constitution. See Compl., ¶¶ 116- 95. The Court does not reach all claims at this stage, in part because "[t]he Court need only find that Plaintiffs are likely to succeed on one of [their] claims for [the likelihood -of -success] factor to weigh in favor of a preliminary injunction," and a ruling on Plaintiffs' additional claims would not affect the relief afforded. Aids Vaccine Advoc. Coal. v. United States Dept of State, No. CV 25-00400 (AHA), 2025 WL 752378, at *7 (D.D.C. Mar. 10, 2025). Furthermore, the Court adheres to the "fundamental and longstanding principle of judicial restraint" that requires courts to "avoid reaching constitutional questions in advance of the necessity of deciding them." Al Otro Lado v. Exec. Off for Immigr. Rev., No. 22-55988, 2024 WL 5692756, at *14 (9th Cir. May 14, 2025) (vacating district court's "entry of judgment for Plaintiffs on the constitutional due process claim" where judgment was granted in Plaintiffs' favor on APA claim) (citing Lyng v. Nw. Indian Cemetery Protective Ass'n, 485 U.S. 439, 445 (1988)); ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 38 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 39 of 49 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3. Irreparable Injury A plaintiff seeking a preliminary injunction must establish that it is likely to suffer irreparable harm in the absence of preliminary relief. Winter, 555 U.S. at 20. Such harm "is traditionally defined as harm for which there is no adequate legal remedy, such as an award of damages." Arizona Dream Act Coal. v. Brewer, 757 F.3d 1053, 1068 (9th Cir. 2014) (citing Rent— A—Ctr., Inc. v. Canyon Television & Appliance Rental, Inc., 944 F.2d 597, 603 (9th Cir.1991)). Plaintiffs here have alleged several forms of irreparable harm that are either presently occurring, or are likely to occur, in the absence of injunctive relief. They are facing a choice between two untenable options; as this Court has already determined, "Defendants have put Plaintiffs in the position of having to choose between accepting conditions that they believe are unconstitutional, and risking the loss of hundreds of millions of dollars in federal grant funding, including funding that they have already budgeted and are committed to spending." TRO Order at 3; see San Francisco Unified Sch. Dist. v. AmeriCorps, No. 25-CV-02425-EMC, 2025 WL 974298, at *4 (N.D. Cal. Mar. 31, 2025) (II -flaying to decide between two losing options constitutes irreparable injury because "very real penalty attaches to [Plaintiffs] regardless of how they proceed."). On the one hand, being forced to accept conditions that are contrary either to statute or to the Constitution (or both) is a constitutional injury, and constitutional injuries are see also Washington v. Trump, 441 F. Supp. 3d 1101, 1125 (W.D. Wash. 2020) ("[A] court should not reach a constitutional question if there is some other ground upon which to dispose of the case. Given that this Court has already determined that Defendants' [action] violates the APA and, therefore, can dispose of the case on that basis, the Court exercises restraint and declines to reach the constitutional claims raised by Washington.") (cleaned up, citing Nw. Austin Mun. Utit Dist No. One v. Holder, 557 U.S. 193, 205 (2009); Harmon v. Brucker, 355 U.S. 579, 581 (1958)). Because Plaintiffs are likely to prevail on Counts 5, 6 and 7 of their Amended Complaint —that the challenged actions were arbitrary and capricious, contrary to the constitutional Separation of Powers doctrine, and in excess of Defendants' statutory authority, and must therefore be set aside under the APA—the Court's inquiry into the likelihood -of -success factor is at an end. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 39 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 40 of 49 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "unquestionably" irreparable. Hernandez v. Sessions, 872 F.3d 976,994 (9th Cir. 2017) ("It is well established that the deprivation of constitutional rights unquestionably constitutes irreparable injury."); Cnty. of Santa Clara v. Trump, 250 F. Supp. 3d 497,537-38 (N.D. Cal. 2017) ("[B]eing forced to comply with an unconstitutional law or else face financial injury" constitutes a constitutional injury) (citing Am. Trucking Ass 'ns, Inc. v. City of Los Angeles, 559 F.3d 1046, 1058-59 (9th Cir. 2009) (plaintiffs were injured where they were faced with the choice of signing unconstitutional agreements or facing a loss of customer goodwill and significant business.)). Defendants argue that Plaintiffs have failed to demonstrate that the new funding conditions would in fact deprive Plaintiffs of their constitutional rights, arguing that at least some of the conditions are not on their face illegal. Defs.' Opp. at 29. This contention ignores the Court's conclusion that, as outlined at some length above, Plaintiffs are likely to succeed in demonstrating that the new funding conditions were imposed in violation of the APA, and are contrary to the Constitution's Separation of Powers doctrine. See supra, § IV.B.2.; Santa Clara, 250 F. Supp. 3d at 538 ("[E]ven where the constitutional injury is structural," e.g. a violation of the Separation of Powers doctrine, "the constitutional violation alone, coupled with the damages incurred, can suffice to show irreparable harm.") (quoting Am. Trucking, 559 F.3d at 1058-59). On the other hand, avoiding the constitutional offense by refusing to agree to the new funding conditions may very well result in the loss of access to promised grant funds. And indeed, Defendants have not denied that Plaintiffs would be assuming this risk by not signing the agreements. They merely complain that Plaintiffs have not provided details as to when exactly that loss will occur. But this argument misses the point. It is this looming risk itself that is the injury, and one that Plaintiffs are already suffering. Courts evaluating similar circumstances have ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 40 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 41 of 49 recognized that this injury of acute budgetary uncertainty is irreparable; "[w]ithout clarification regarding the Order's scope or legality, the Counties will be obligated to take steps to mitigate the risk of losing millions of dollars in federal funding, which will include placing funds in reserve and making cuts to services. These mitigating steps will cause the Counties irreparable harm." Santa Clara, 250 F. Supp. 3d at 537 ("The threat of the Order and the uncertainty it is causing impermissibly interferes with the Counties' ability to operate, to provide key services, to plan for the future, and to budget. The Counties have established that, absent an injunction, they are likely to suffer irreparable harm.") (citing United States v. North Carolina, 192 F.Supp.3d 620,629 (M.D.N.C. 2016)). While a preliminary injunction will not eliminate these risks entirely, Plaintiffs have demonstrated it will at least mitigate them pending resolution of this case on its merits. Furthermore, Plaintiffs have submitted substantive and detailed evidence illustrating the ways in which a loss of grant funds would be devastating and irreparable, if these risks in fact materialize. With respect to the HUD Plaintiffs, the resulting irreparable injuries would be both to Plaintiffs and their operations, and to the vulnerable populations they serve. See, e.g., Marshall Decl., 717-21 (King County) ([T]he loss of [CoC] funding would negatively impact King County because King County has already begun the contracting process with service providers in reliance on receiving the CoC funds.... It is important to remember that the key focus in this work is keeping people in housing. In order to do that, it is imperative that housing providers, with whom King County contracts, receive the funds necessary to support the housing. 2144 households in King County will be impacted by the loss of CoC funds."); Dillon Decl., 111112-14 (Boston) ("Without CoC funds, the approximately 2,000 households served would lose assistance that is integral to their ability to maintain stable housing, most likely leading to evictions and ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION -41 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 42 of 49 homelessness."); Semonoff Decl., ¶ 31 (Cambridge) ("Without grant funding to support the CoC projects, over 200 individuals currently enrolled in CoC . . . projects would potentially lose their housing and access to critical supportive services. The loss of supportive housing capacity would further strain the City's emergency shelter system, resulting in longer durations of homelessness and reduced exits to stable housing."); McSpadden Decl., Irli 16-19 (San Francisco) ("Without CoC funding, close to 2,000 program participants will lose their housing subsidies and services and will be at risk of imminent evictions. These individuals and families may slip back into homelessness, which would be profoundly detrimental. Rehousing these individuals and families will come with enormous challenges and costs, adding to the homelessness crisis in San Francisco."). The administration's attempt to compel Plaintiffs' compliance with unrelated policy objectives by leveraging the needs of our most vulnerable fellow human beings is breathtaking in its callousness. Defendants' argument that these harms are not irreparable is simply wrong. The harms threatening the DOT Plaintiffs are also demonstrably irreparable. While perhaps emotionally less compelling than injury to the homeless and the local agencies who serve them, injury to the continued operation of the nation's transportation projects can hardly be considered less important. One need not conjure the most extreme cases of bridges collapsing and train derailments to understand instinctively that maintaining the health of the systems by which this nation —its goods and its people —get from one place to another safely, efficiently, and predictably, is critical. Plaintiffs have submitted evidence supporting their contention that "loss of DOT funding would force Plaintiffs to substantially curtail existing and planned transportation safety and other improvements and operations." Pls. Sec. Mot. at 13 (citing, inter alia, Franklin - Hodge Decl. (Boston) ("The unpredictability injected into these complex road -safety projects ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION -42 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 43 of 49 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 through new grant terms hinders the City of Boston's ability to complete such projects. Specifically, the City is unable to provide stability to its partners in this work, including vendors and other governmental entities."); Davis Decl., ¶ 22 (Chicago) ("The loss of the pending and expected DOT grant funds will cause severe hardship for [the Chicago Department of Transportation] and its ability to maintain Chicago's roadways and transportation systems safely. CDOT relies on DOT for a large portion of its budget and Chicago uses the funds to repair and expand bridges and roadways to prevent accidents, to make pedestrian walkways safer and more accessible, and to update outdated transit stations. These funds are critical to Chicago's ability to implement and maintain safe and effective means of transportation for millions of Chicagoans and its annual visitors.")); see also Morrison Decl., ¶ 12 (King County) ("Given the amount of money at stake, it is almost impossible to overstate how important these FTA grant programs are to Metro's ongoing transit operations. . .. Given the range and depth of Metro transit operations that are funded by these four FTA grant programs, it is plain that those FTA grant funds are absolutely mission -critical to Metro's existing and planned transit operations. To be clear, the scope and scale of Metro's existing and near -future planned transit operations would almost certainly have to be substantially curtailed, and some elements likely entirely abandoned, if any substantial portion of this FTA grant funding were to be withheld or eliminated. As of the date of this declaration, I know of no other existing or proposed funding source that could replace FTA's grant funds.... To put it plainly, without FTA grant fimds, Metro's service network would likely have to be cut back in ways that could significantly reduce mobility options for a large portion of King County's population while potentially increasing traffic congestion and slowing the movement of freight and goods across our region."). ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION -43 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 44 of 49 Plaintiffs have provided substantial evidence demonstrating that these likely harms are not, as Defendants suggest, merely monetary in nature. Adequate financial compensation for hundreds of shelter -unstable families losing access to housing does not exist; the same must be said of the incalculable effects of forcing unforeseen reductions in transportation spending. Homeless assistance and transit grants are essential tools in addressing these urgent community needs. Congress has consistently affirmed their importance by repeatedly authorizing these grants, underscoring the federal government's vital role in supporting local governments as they confront the challenges of homelessness and maintenance of critical transportation infrastructure. The Court concludes that the harms Plaintiffs have alleged are quintessentially irreparable in nature, and can be avoided only by entry of the requested injunction. 4. The Balance of Equities Weighs in Plaintiffs' Favor In deciding whether to grant an injunction, "courts must balance the competing claims of injury and must consider the effect on each party of the granting or withholding of the requested relief." Disney Enters, 869 F.3d at 866 (quoting Winter, 555 U.S. at 24). Courts "explore the relative harms to applicant and respondent, as well as the interests of the public at large." Barnes v. E-Sys., Inc. Grp. Hosp. Med. & Surgical Ins. Plan, 501 U.S. 1301, 1305 (1991) (internal quotation marks and citation omitted). Where the government is a party, the balance of equities and public interest factors merge. Drakes Bay Oyster Co. v. Jewell, 747 F.3d 1073, 1092 (9th Cir. 2014) (citing NIcen v. Holder, 556 U.S. 418, 435 (2009)). Based on the Court's conclusions discussed above, the Court finds that the balance of equities tips sharply in Plaintiffs' favor. Defendants' argument to the contrary hinges on their position that "Plaintiffs could be compensated for any lost money after a ruling on the merits." ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 45 of 49 Defs.' Opp. at 32. The Court has already squarely rejected this contention in discussing the irreparable harm Plaintiffs are likely to suffer in the absence of an injunction. See supra, § IV.B.3. Moreover, Defendants have not posited any anticipated (let alone likely) non -monetary harm they will experience if an injunction were to issue, stating only that the "federal government maintains an interest in ensuring that its funds are spent pursuant to the conditions it attaches to those federal dollars." Defs.' Opp. at 29. Of course, Defendants do not have a legitimate interest in ensuring that funds are spent pursuant to conditions that were likely imposed in violation of the APA and/or the Constitution. See Valle del Sol Inc. v. Whiting, 732 F.3d 1006, 1029 (9th Cir. 2013) (there is no legitimate government interest in violating federal law). For the reasons outlined above, the irreparable harms Plaintiffs face in the absence of an injunction tip the balance of equities sharply in their favor. C. The Court Denies Defendants' Request for a Bond and Request to Stay Defendants request that if this Court grants Plaintiffs' motions for a preliminary injunction, the Court require Plaintiffs to post a bond for the value of the specific grants subject to the injunction and stay the injunction pending "a determination by the Solicitor General whether to appeal and, if appeal is authorized, pending any appeal." Defs.' Opp. at 33. Federal Rule of Civil Procedure 65(c) states that courts "may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained." Fed. R. Civ. P. 65(c). "Despite the seemingly mandatory language, Rule 65(c) invests the district court with discretion as to the amount of security required, if any." Johnson v. Couturier, 572 F.3d 1067, 1086 (9th Cir. 2009) (citations and internal quotation marks omitted). ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION -45 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 46 of 49 "In particular, the district court may dispense with the filing of a bond when it concludes there is no realistic likelihood of harm to the defendant from enjoining his or her conduct." Id. (cleaned up). Defendants have not argued, let alone demonstrated, that they will suffer any material harm from the injunction the Court issues today. Nor have Defendants met the standard for a stay. See, e.g., Maryland v. Dep't ofAgriculture, JKB-25-0748, 2025 WL 800216, at *26 (D. Md. Mar. 13, 2025) ("It is generally logically inconsistent for a court to issue a TRO or preliminary injunction and then stay that order, as the findings on which those decisions are premised are almost perfect opposites."). Therefore, the Court denies Defendants' requests for a bond and to stay the injunction. V. CONCLUSION For the foregoing reasons: 1. Plaintiffs' Motion for Preliminary Injunction is GRANTED; 2. Plaintiffs' Second Motion for Preliminary Injunction is GRANTED; 3. HUD and its officers, agents, servants, employees, and attorneys, and any other persons who are in active concert or participation with them (collectively "Enjoined HUD Parties"), are enjoined from (1) imposing or enforcing the CoC Grant Conditions, as defined in the Motions, or any materially similar terms or conditions with respect to any CoC funds awarded to the HUD Plaintiffs or members of their Continuums; (2) as to the HUD Plaintiffs, rescinding, withholding, cancelling, or otherwise not processing any CoC Agreements, or pausing, freezing, impeding, blocking, cancelling, terminating, delaying, withholding, or conditioning CoC funds, based on such terms or conditions, including without limitation failing or refusing to process and otherwise implement grants signed with changes or other objection to conditions enjoined by this ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION -46 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 47 of 49 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 preliminary injunction; (3) requiring the HUD Plaintiffs to make any "certification" or other representation related to compliance with such terms or conditions; or (4) refusing to issue, process, or sign CoC Agreements based on HUD Plaintiffs' participation in this lawsuit; 4. The Enjoined HUD Parties shall immediately treat any actions taken to implement or enforce the CoC Grant Conditions or any materially similar terms or conditions as to the HUD Plaintiffs or their Continuums, including any delays or withholding of funds based on such conditions, as null, void, and rescinded; shall treat as null and void any such conditions included in any grant agreement executed by any Plaintiff or member of a Plaintiff Continuum while this PI or the previous TROs are in effect; and may not retroactively apply such conditions to grant agreements during the effective period of this PI or the previous TROs. The Enjoined HUD Parties shall immediately take every step necessary to effectuate this order, including clearing any administrative, operational, or technical hurdles to implementation; 5. DOT, the DOT OAs, and their officers, agents, servants, employees, and attorneys, and any other persons who are in active concert or participation with them (collectively "Enjoined DOT Parties"), are enjoined from (1) imposing or enforcing the DOT Grant Conditions, as defined in the Motions, or any materially similar terms or conditions to any DOT funds awarded, directly or indirectly, to the DOT Plaintiffs or their subrecipients; (2) as to the DOT Plaintiffs or their subrecipients, rescinding, withholding, cancelling, or otherwise not processing the DOT grant awards, or pausing, freezing, impeding, blocking, canceling, terminating, delaying, withholding, or conditioning DOT funds, based on such terms or conditions, including without limitation failing or refusing to process and otherwise implement grants signed with changes or other objection to conditions enjoined by this preliminary injunction; (3) requiring the DOT ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 47 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 48 of 49 Plaintiffs or their subrecipients to make any "certification" or other representation related to compliance with such terms or conditions; or (4) refusing to issue, process, or sign grant agreements based on DOT Plaintiffs' participation in this lawsuit; 6. The Enjoined DOT Parties shall immediately treat any actions taken to implement or enforce the DOT Grant Conditions or any materially similar terms or conditions as to DOT funds awarded, directly or indirectly, to the DOT Plaintiffs or their subrecipients, including any delays or withholding of funds based on such conditions, as null, void, and rescinded; shall treat as null and void any such conditions included in any grant agreement executed by any DOT Plaintiff or subrecipient while this PI or the previous TROs are in effect; and may not retroactively apply such conditions to grant agreements during the effective period of this PI or the previous TROs. The Enjoined DOT Parties shall immediately take every step necessary to effectuate this order, including clearing any administrative, operational, or technical hurdles to implementation; 7. Defendants' counsel shall provide written notice of this Order to all Defendants and their employees by the end of the second day after issuance of this Order; 8. By the end of the second day after issuance of this Order, the Defendants SHALL FILE on the Court's electronic docket and serve upon Plaintiffs a Status Report documenting the actions that they have taken to comply with this Order, including a copy of the notice and an explanation as to whom the notice was sent; // // // // ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 48 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 49 of 49 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9. This order remains in effect pending further orders from this Court. It is so ordered this 3rd day ofJune, 2025. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 49 Barbara Jaco s Rothstein U.S. District Court Judge ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9.B. For Meeting of: August 19, 2025 Resolution authorizing the application for and acceptance of an FAA grant to construct terminal building baggage claim and restroom upgrades (Airport Fund) SUBMITTED BY: Robert Hodgman SUMMARY EXPLANATION; This is the third FAA grant required to fund and complete the terminal modernization baggage claim project. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Approve resolution. ATTACHMENTS: Resolution - YKM - A1P grant application and acceptance of grant terminal modernization finaLdocx 1-SF424-ARP-2025_11_30.pdf 2-faa-form-5100--100-application-for-federal-assistance-2024.pdf 4-Standard DOT Title VI Assurances 2016.pdf 5-Certification for Contracts Grants Loans and Cooperative Agreements.pdf 6 - Assurances-airport-sponsors-2025.pdf 7 - AIP_AIG-checklist-2025-03-05 (AC Circulars).pdf 8-faa-form-5100-129-sponsor-cert-final-project-2024. pdf 9-faa-form-5100-130-sponsor-cert-drug-free-2024. pdf 10-faa-form-5100-131-sponsor-cert-equip-canstr-2024.pdf 11-faa-form-5100-132-sponsor-cert-plans-specs-2024.pdf 12 - title-vi-pre-award-sponsor-checklist.doc 13-faa-form-5100-134-sponsor-cent-consultant-2024. pdf 14-faa-form-5100-135-conflict-of-interest-certification-2024.pdf 17-5100-145-title-vi-pre-grant-award-checklist-2024.pdf Draft YKM-062 AIP Grant Agreement.pdf 3-53-0089-062-2025 U.S. Department Airports Division Seattle Airports District Office: of Transportation Northwest Mountain 2200 5 216th St Federal Aviation Region Des Moines, WA 98198 Administration Oregon, Washington August 26, 2025 Ms. Victoria Baker City Manager Yakima Air Terminal -McAllister Field 129 N Second St Yakima, WA 98901 Dear Ms. Baker: The Grant Offer for Airport Improve r2 ertt Program (AIP) Project No. 3-53-0089-062-2025 at Yakima Air Terminal -McAllister field Airport is attached for execution. This letter outlines the steps you must take to properly enter into this agreement and provides other useful information. Please read the conditions, special conditions, and assurances that comprise the grant offer carefully. you rnay not make any modification to the teat,, terms car conditions of the grant offer., Steps You Must Take to Enter Into Agreement. To properly enter into this agreement, you must do the following: 1. The governing body must give authority to execute the grant to the individual(s) signing the grant, i.e., the person signing the document must be the sponsor's authorized representative(s) (hereinafter "authorized representative"). 2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement. 3. Once the authorized representative has electronically signed the grant, the sponsor's attorney(s) will automatically receive an email notification. 4. On the same day or after the authorized representative has signed the grant, the sponsor's attorney(s) will add their electronic signature to the appropriate certificate at the end of the agreement. 5. If there are co-sponsors, the authorized representative(s) and sponsor's attorney(s) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than September 15, 2025. 6. The fully executed grant will then be automatically sent to all parties as an email attachment. Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution 3-53-0089-062-2025 date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect You to submit payment requests for reimbursement of allowable incurred project expenses consistent with project progress. Your grant may be placed in "inactive" status if you do not make draws on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance. Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: ➢ For all grants, you must submit by December 31st of each year this grant is open: 1. A signed/dated SF-270 (Request for Advance or Reimbursement for non -construction projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for Construction Programs), and 2. An SF-425 (Federal Financial Report). ➢ For non -construction projects, you must submit FAA Form 130-1.0, Perfdrrnance Report within 30 days of the end of the Federal fiscal year. ➢ For construction projects, you must submit FAA Form 530.1, Construction Progress and Inspection Report within 30 days of the end of each Federal fiscal quarter. Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR Part 200. Subpart F requires non -Federal entities that expend $1,000,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal -assistance programs. Please take appropriate and necessary action to ensure your organization will comply with applicable audit requirements and standards. Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office. FAA Contact Information. Chelsea Branchcomb, (206) 231-4231, cl elsea.I branchcornb@faa,gov is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, Ryan C. Zulauf Acting Manager, Seattle Airports District Office 2 3-53-0089-062-2025 U.S. Department of Transportation Federal Aviation Administration FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM (AIP) Federal Award Offer Date FY 2025 AIP GRANT AGREEMENT Part I - Offer Airport/Planning Area Yakima Air Terminal -McAllister Field Airport Airport Infrastructure Grant 3-53-0089-062-2025 (Contract Number: DOT-FA25NM-113) Number Unique Entity Identifier FJNNX1XFJ9K3 TO: City of Yakima, Washington (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 20, 2025 for a grant of Federal funds for a project at or associated with the Yakima Air Trml/McAllister Field Airport, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Yakima Air Trml/McAllister Field Airport (herein called the "Project") consisting of the following: Improve Terminal Building (54% of phase 3-construction), including installation of acquired baggage claim equipment and public restroom renovations; which is more fully described in the Project Application. 3-53-0089-062-2025 NOW THEREFORE, Pursuant to and for the purpose of carrying out the Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 (Public Law Number (P.L.) 115-254); the Department of Transportation Appropriations Act, 2021 ( P.L. 116-260, Division L); the Consolidated Appropriations Act, 2022 ( P.L. 117-103); Consolidated Appropriations Act, 2023 ( P.L. 117-328); Consolidated Appropriations Act, 2024 (P.L. 118-42); Consolidated Appropriations Act, 2025 (P.L. 119-4); FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application; and in consideration of: (a) the Sponsor's adoption and ratification of the Grant Assurances dated April 2025, interpreted and applied consistent with the FAA Reauthorization Act of 2024; (b) the Sponsor's acceptance of this Offer; and (c) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided; THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay (95) % of the allowable costs incurred accomplishing the Project as the United States share of the Project. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $1,164,899. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. §47108(b): $0 for planning $1,164,899 for airport development; and, $0 for land acquisition. 2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements. a. Period of Performance: 1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performance is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods (2 Code of Federal Regulations (CFR) § 200.1) except as noted in 49 U.S.0 § 47142(b). Budget Period: 1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the Period of Performance provided in paragraph 2(a)(1). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period except as noted in 49 U.S.0 § 47142(b). 2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to 2 CFR § 200.308. 3-53-0089-062-2025 c. Close Out and Termination Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the Period of Performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the Period of Performance end date with the information available at the end of 120 days (2 CFR § 200.344). The FAA may terminate this agreement and all of its obligations under this agreement if any of the following occurs: (a) (1) The Sponsor fails to obtain or provide any Sponsor grant contribution as required by the agreement; (2) A completion date for the Project or a component of the Project is listed in the agreement and the Recipient fails to meet that milestone by six months after the date listed in the agreement; (3) The Sponsor fails to comply with the terms and conditions of this agreement, including a material failure to comply with the Project Schedule even if it is beyond the reasonable control of the Sponsor; (4) Circumstances cause changes to the Project that the FAA determines are inconsistent with the FAA's basis for selecting the Project to receive a grant; or (5) The FAA determines that termination of this agreement is in the public interest. (b) In terminating this agreement under this section, the FAA may elect to consider only the interests of the FAA. (c) The Sponsor may request that the FAA terminate the agreement under this section. 3. lneiieible or Unallowable Costs; In accordance with 49 U.S.C. § 49 U.S.C. § 47110, the Sponsor is prohibited from including any costs in the grant funded portions of the project that the FAA has determined to be ineligible or unallowable, including costs incurred to carry out airport development implementing policies and initiatives repealed by Executive Order 14148, provided such costs are not otherwise permitted by statute. 4. Indirect Costs _ Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages. 5. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the Secretary of Transportation ("Secretary"), and any superseding legislation. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 6. Completing the Protect Without Delav and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, 49 3-53-0089-062-2025 U.S.C. Chapters 471 and 475, the regulations, policies, and procedures of the Secretary. Pert CFR § 200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement. 7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 8. Offer Expiration gate. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before September 15, 2025, or such subsequent date as may be prescribed in writing by the FAA. 9. Improper Use of Federal Funds and Mandatory Disclosure. a. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. b. The Sponsor, a recipient, and a subrecipient under this Federal grant must promptly comply with the mandatory disclosure requirements as established under 2 CFR § 200.113, including reporting requirements related to recipient integrity and performance in accordance with Appendix XII to 2 CFR Part 200. 10. united States Not Liable for Damage or injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement. 11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI . a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://wwwsam.gov). b. Unique entity identifier (UEI) means a 12-character alpha -numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/content/entity-registration. 6 3-53-0089-062-2025 12. Electronic Grant Paymentist. Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 13. Informal Letter Amendment of AP Proiects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA's authority to increase the maximum obligation does not apply to the "planning" component of Condition No. 1, Maximum Obligation. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 14. Environmental Standards. The Sponsor is required to comply with all applicable environmental standards, as further defined in the Grant Assurances, for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement. 15. Financial Reporting and Payment Requirement. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured goods produced outside the United States to be used for any project for which funds are provided under this Grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant. 17. Build America, Buy America. The Sponsor must comply with the requirements under the Build America, Buy America Act (P.L. 117-58). 18. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this Grant: a. May not be increased for a planning project; b. May be increased by not more than 15 percent for development projects, if funds are available; c. May be increased by not more than the greater of the following for a land project, if funds are available: 1. 15 percent; or 2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land. 3-53-0089-062-2025 If the Sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in 49 U.S.C. § 47110, or other superseding legislation if applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount. The FAA may adjust the Federal share as applicable through an informal letter of amendment. 19. Audits for Sponsors. PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program -specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http //harvester. censusgov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $1,000,000 in Federal awards and are exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials, State, and Government Accountability Office. The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements. 20. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR § 180.200, the Sponsor must: a. Verify the non -Federal entity is eligible to participate in this Federal program by: 1. Checking the System for Award Management (SAM.gov) exclusions to determine if the non Federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non -Federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating. b Require prime contractors to comply with 2 CFR § 180.330 when entering into lower -tier transactions with their contractors and sub -contractors. Immediately disclose in writing to the FAA whenever (1) the Sponsor learns they have entered into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars a contractor, person, or entity. 21. an on Texting While Driving. a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: i. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and 3-53-0089-062-2025 ii. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant. 22. Tr wking in Persons. 1. Posting of contact information. a. The Sponsor must post the contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) in all public airport restrooms. 2. Provisions applicable to a recipient that is a private entity. a. Under this Grant, the recipient, its employees, subrecipients under this Grant, and subrecipient's employees must not engage in: i. Severe forms of trafficking in persons; ii. The procurement of a commercial sex act during the period of time that the grant or cooperative agreement is in effect; iii. The use of forced labor in the performance of this grant; or any subaward; or iv. Acts that directly support or advance trafficking in persons, including the following acts: a) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents; b) Failing to provide return transportation of pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless: 1. Exempted from the requirement to provide or pay for such return transportation by the federal department or agency providing or entering into the grant; or 2. The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or witness in a human trafficking enforcement action; c) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment; d) Charging recruited employees a placement or recruitment fee; or e) Providing or arranging housing that fails to meet the host country's housing and safety standards. The FAA may unilaterally terminate this Grant or take any remedial actions authorized by 22 U.S.C. § 7104b(c), without penalty, if any private entity under this Grant: i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant; or ii. Has an employee that is determined to have violated a prohibition in paragraph(2)(a) of this Grant through conduct that is either: a) Associated with the performance under this Grant; or 9 3-53-0089-062-2025 b) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government -wide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 2 CFR Part 1200. . Provisions applicable to a recipient other than a private entity. a. The FAA may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. § 7104b(c), without penalty, if subrecipient than is a private entity under this award: i. Is determined to have violated a prohibition in paragraph (2)(a) of this Grant or ii. Has an employee that is determined to have violated a prohibition in paragraph (2)(a) of this Grant through conduct that is either: a) Associated with the performance under this Grant; or b) Imputed to the recipient or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government - wide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 2 CFR Part 1200. 4. Provisions applicable to any recipient. a. The recipient must inform the FAA and the DOT Inspector General immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (2)(a) of this Grant. b. The FAA's right to unilaterally terminate this Grant as described in paragraphs (2)(b) or (3)(a) of this Grant, implements the requirements of 22 U.S.C. chapter 78, and is in addition to all other remedies for noncompliance that are available to the FAA under this Grant. c. The recipient must include the requirements of paragraph (2)(a) of this Grant award term in any subaward it makes to a private entity. d. If applicable, the recipient must also comply with the compliance plan and certification requirements in 2 CFR 175.105(b). 5. Definitions. For purposes of this Grant award, term: a. "Employee" means either: i. An individual employed by the recipient or a subrecipient who is engaged in the performance of the project or program under this Grant; or ii. Another person engaged in the performance of the project or program under this Grant and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing requirements. b. "Private Entity" means: 10 3-53-0089-062-2025 Any entity, including for -profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1. The terms "severe forms of trafficking in persons," "commercial sex act," "sex trafficking," "Abuse or threatened abuse of law or legal process," "coercion," "debt bondage," and "involuntary servitude" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102). 23. AM Funded Work Included in a PFC Application. Within 120 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application. The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment. 24. Exhibit "A'* Property Map. The Exhibit "A" Property Map dated May 01, 2021, is incorporated herein by reference or is submitted with the project application and made part of this Grant Agreement. 25. Employee Protection from Reprisal. In accordance with 2 CFR § 200.217 and 41 U.S.C. § 4701, an employee of a grantee, subgrantee contractor, recipient or subrecipient must not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in paragraph (a)(2) of 41 U.S.C. 4712 information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. The grantee, subgrantee, contractor, recipient, or subrecipient must inform their employees in writing of employee whistleblower rights and protections under 41 U.S.C. § 4712. See statutory requirements for whistleblower protections at 10 U.S.C. § 4701, 41 U.S.C. § 4712, 41 U.S.C. § 4304, and 10 U.S.C. § 4310. 26. Prohibited Telecommunications and Video Surveillance Services and Equipment. The Sponsor agrees to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [P.L. 115-232 § 889(f)(1)] and 2 CFR § 200.216. 27. Critical Infrastructure Security and Resilience. The Sponsor acknowledges that it has considered and addressed physical and cybersecurity and resilience in its project planning, design, and oversight, as determined by the DOT and the Department of Homeland Security (DHS). For airports that do not have specific DOT or DHS cybersecurity requirements, the FAA encourages the voluntary adoption of the cybersecurity requirements from the Transportation Security Administration and Federal Security Director identified for security risk Category X airports. 28. Title VI of the Civil Rights Act.; As a condition of a grant award, the Sponsor shall demonstrate that it complies with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq) and implementing regulations (49 CFR part 21), the Airport and Airway Improvement Act of 1982 (49 U.S.C. § 47123), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.), U.S. Department of Transportation and Federal Aviation Administration (FAA) Assurances, and other relevant civil rights statutes, regulations, or authorities, including any amendments or updates thereto. This may include, as applicable, providing a current Title VI 11 3-53-0089-062-2025 Program Plan to the FAA for approval, in the format and according to the timeline required by the FAA, and other information about the communities that will be benefited and impacted by the project. A completed FAA Title VI Pre -Grant Award Checklist is required for every grant application, unless excused by the FAA. The Sponsor shall affirmatively ensure that when carrying out any project supported by this grant that it complies with all federal nondiscrimination and civil rights laws based on race, color, national origin, sex, creed, age, disability, genetic information, in consideration for federal financial assistance. The Department's and FAA's Office of Civil Rights may provide resources and technical assistance to recipients to ensure full and sustainable compliance with Federal civil rights requirements. Failure to comply with civil rights requirements will be considered a violation of the agreement or contract and be subject to any enforcement action as authorized by law. 29. AA Reauthorization Act of 2024. This grant agreement is subject to the terms and conditions contained herein including the terms known as the Grant Assurances as they were published in the Federal Register on April 2025. On May 16, 2024, the FAA Reauthorization Act of 2024 made certain amendments to 49 U.S.C. chapter 471. The Reauthorization Act will require FAA to make certain amendments to the assurances in order to best achieve consistency with the statute. Federal law requires that FAA publish any amendments to the assurances in the Federal Register along with an opportunity to comment. In order not to delay the offer of this grant, the existing assurances are attached herein; however, FAA shall interpret and apply these assurances consistent with the Reauthorization Act. To the extent there is a conflict between the assurances and Federal statutes, the statutes shall apply. The full text of the FAA Reauthorization Act of 2024 is at htt s: wwvacon ress, ov bili 118th-con ress house -bill 3935 text. 30. Applicable Federal Anti -Di na ion taws: The sponsor agrees: that its compliance in all respects with all applicable Federal anti -discrimination laws is material to the government's payment decisions for purposes of section 3729(b)(4) of title 31, United States Code; and . to certify that it does not operate any programs promoting diversity, equity, and inclusion (DEI) that violate any applicable Federal anti -discrimination laws. 31. Federal Law and Public Policy Requirements. The Sponsor shall ensure that Federal funding is expended in full accordance with the United States Constitution, Federal law, and statutory and public policy requirements: including but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination; and the Sponsor will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in and the enforcement of Federal immigration law. 32. National Airspace Svsterri Requirements a. The Sponsor shall cooperate with FAA activities installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System, including waiving permitting requirements and other restrictions affecting those activities to the 12 3-53-0089-062-2025 maximum extent possible, and assisting the FAA in securing waivers of permitting or other restrictions from other authorities. The Sponsor shall not take actions that frustrate or prevent the FAA from installing, maintaining, replacing, improving, or operating equipment and facilities in or supporting the National Airspace System. b. If FAA determines that the Sponsor has violated subsection (a), the FAA may impose a remedy, including: (1) additional conditions on the award; (2) consistent with 49 U.S.0 chapter 471,.any remedy permitted under 2 C.F.R. 200.339- 200.340, including withholding of payments; disallowance of previously reimbursed costs, requiring refunds from the Recipient to the DOT; suspension or termination of the award; or suspension and debarment under 2 C.F.R. part 180; or (3) any other remedy legally available. (In imposing a remedy under this condition, the FAA may elect to consider the interests of only the FAA. d. The Sponsor acknowledges that amounts that the FAA requires the Sponsor to refund to the FAA due to a remedy under this condition constitute a debt to the Federal Government that the FAA may collect under 2 C.F.R. 200.346 and the Federal Claims Collection Standards (31 C.F.R. parts 900-904). 33. Sigrrage Costs for Construction Projects, The Sponsor agrees that it will require the prime contractor of a Federally- assisted airport improvement project to post signs consistent with a DOT/FAA- prescribed format, as may be requested by the DOT/FAA, and further agrees to remove any signs posted in response to requests received prior to February 1, 2025. 34. Title USX., Chapter 12, Subchapter it - immigration. The sponsor will follow applicable federal laws pertaining to Subchapter 12, and be subject to the penalties set forth in 8 U.S.C. § 1324, Bringing in and harboring certain aliens, and 8 U.S.C. § 1327, Aiding or assisting certain aliens to enter SPECIAL CONDITIONS 35. Ds" Plalrt iff Special Te at. Pursuant to the court's preliminary injunction order in State of California v. Duffy, 1:25-cv-00208-JJM-PAS (D.R.I.) (June 19, 2025), DOT will not impose or enforce the challenged immigration enforcement condition* or any materially similar terms and conditions, to any grant funds awarded, directly or indirectly, to Plaintiff States or local government entities within those States (collectively referred to as "Plaintiff State Entities"), or otherwise rescind, withhold, terminate, or take other adverse action, absent specific statutory authority, based on the challenged immigration enforcement condition while DOT is subject to an injunction. DOT will not require Plaintiff State Entities to make any certification or other representation related to compliance with the challenged immigration enforcement condition nor will DOT construe 13 3-53-0089-062-2025 acceptance of funding from DOT as certification as to the challenged immigration enforcement condition. *The challenged immigration enforcement condition: "[T]he Recipient will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigration law." 36. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America's Workers. 37. Usable Unit of Development. The FAA and the Sponsor agree this Grant only funds a portion of the overall project. The FAA makes no commitment of funding beyond what is provided herein. In accepting this award, the Sponsor understands and agrees that the work described in this Grant Agreement must be incorporated into a safe, useful, and usable unit of development completed within a reasonable timeframe [49 USC § 47106(a)(4)]. This safe, useful, usable unit of development must be completed regardless of whether the Sponsor receives any additional federal funding. 14 3-53-0089-062-2025 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect, to the accomplishment of the Project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.' UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (Signature) Ryan C. Zulauf Ryan C. Zulauf Acting Manager Acting Manager, Seattle Airports District Office 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 15 3-53-0089-062-2025 Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.' Dated Title: City of Yakima (Name of Sponsor),; (Typed Name of Sponsor's Authorized Official) of Sponsor's Auan CITY CONTRACT NO:., RESOLUTION NO: qo 2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 16 3-53-0089-062-2025 I, Rro►t,50✓‘ CERTIFICATE OF SPONSOR'S ATTORNEY , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Washington. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; and Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 (P.L. 115-254); the Department of Transportation Appropriations Act, 2021 (P.L. 116-260, Division L); the Consolidated Appropriations Act, 2022 ( P.L. 117-103); Consolidated Appropriations Act, 2023 ( P.L. 117-328); Consolidated Appropriations Act, 2024 (P.L. 118-42); FAA Reauthorization Act of 2024 (P.L. 118-63); and the representations contained in the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.3 Dated atf' tAki 4-05 -2-1` 2`3 By: (Signature of Sponsor's Attorney) 3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 17 ASSURANCES AIRPORT SPONSORS A. General. 3-53-0089-062-2025 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement. B. Duration and Applicability. 1. Airport Development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this Grant Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph (1) also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this Grant Agreement, only Assurances 1, 2, 3, 5, 6 13 18 23 25 30, 32, 33, 34, 37, and 40 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. Airport Sponsors Assurances Page 1 of 19 3-53-0089-062-2025 C. Sponsor Certification. The sponsor 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 Grant. Performance under this agreement shall be governed by and in compliance with the following requirements, as applicable, to the type of organization of the Sponsor and any applicable sub -recipients. The applicable provisions to this agreement include, but are not limited to, the following: FEDERAL LEGISLATION a. 49 U.S.C. subtitle VII, as amended. b. Davis -Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1 c. Federal Fair Labor Standards Act — 29 U.S.C. § 201, et seq. d. Hatch Act — 5 U.S.C. § 1501, et seq.' e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601, et seq.', 2 f. National Historic Preservation Act of 1966 — Section 106 — 54 U.S.C. § 306108.1 g. Archeological and Historic Preservation Act of 1974 — 54 U.S.C. § 312501, et seq.' h. Native Americans Grave Repatriation Act — 25 U.S.C. § 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended — 42 U.S.C. § 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended —16 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973 — Section 102(a) - 42 U.S.C. § 4012a.' I. 49 U.S.C. § 303, (formerly known as Section 4(f)). m. Rehabilitation Act of 1973 — 29 U.S.C. § 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 — 42 U.S.C. § 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended — 42 U.S.C. § 4151, et seq.' s. Powerplant and Industrial Fuel Use Act of 1978 — Section 403 — 42 U.S.C. § 8373.1 t. Contract Work Hours and Safety Standards Act —40 U.S.C. § 3701, et seq.' u. Copeland Anti -kickback Act —18 U.S.C. § 874.1 Airport Sponsors Assuranc Page 2 of 19 3-53-0089-062-2025 v. National Environmental Policy Act of 1969 —42 U.S.C. § 4321, et seq.' w. Wild and Scenic Rivers Act, P.L90-542, as amended —16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984 — 31 U.S.C. § 7501, et seq.' y. Drug -Free Workplace Act of 1988 — 41 U.S.C. §§ 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252). aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Infrastructure Investment and Jobs Act, P.L. 117-58, Title VIII. cc. Build America, Buy America Act, P.L. 117-58, Title IX. dd. Endangered Species Act —16 U.S.C. 1531, et seq. ee. Title IX of the Education Amendments of 1972, as amended — 20 U.S.C. 1681-1683 and 1685— 1687. ff. Drug Abuse Office and Treatment Act of 1972, as amended — 21 U.S.C. 1101, et seq. gg. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91- 616, as amended — 42 U.S.C. § 4541, et seq. hh. Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, P.L. 91 616, as amended — 42 U.S.C. § 4541, et seq. ii. Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions — 31 U.S.C. § 1352. EXECUTIVE ORDERS a. Executive Order 11990 — Protection of Wetlands b. Executive Order 11988 — Floodplain Management c. Executive Order 12372 — Intergovernmental Review of Federal Programs d. Executive Order 12699 — Seismic Safety of Federal and Federally Assisted New Building Construction' e. Executive Order 14005 — Ensuring the Future is Made in all of America by All of America's Workers f Executive Order 14149 — Restoring Freedom of Speech and Ending Federal Censorship g. Executive Order 14151— Ending Radical and Wasteful Government DEI Programs and Preferencing h. Executive Order 14154 — Unleashing American Energy i. Executive Order 14168 — Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government j. Executive Order 14173 — Ending Illegal Discrimination and Restoring Merit -Based Opportunity Airport Sp Hess Page 3of 19 3-53-0089-062-2025 FEDERAL REGULATIONS a. 2 CFR Part 180 — OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200 and 1201— Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 3'4'5 c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 — Investigative and Enforcement Procedures. e. 14 CFR Part 16 — Rules of Practice for Federally -Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150 — Airport Noise Compatibility Planning. g. 28 CFR Part 35 — Nondiscrimination on the Basis of Disability in State and Local Government Services. h. 28 CFR § 50.3 — U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964. i. 29 CFR Part 1— Procedures for Predetermination of Wage Rates.' j. 29 CFR Part 3 — Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.' k. 29 CFR Part 5 — Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)." I. 41 CFR Part 60—Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally -assisted contracting requirements m. 49 CFR Part 20 — New Restrictions on Lobbying. n. 49 CFR Part 21— Nondiscrimination in Federally -Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. o. 49 CFR Part 23 — Participation by Disadvantage Business Enterprise in Airport Concessions. 49 CFR Part 24— Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -Assisted Programs.", 2 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. r. 49 CFR Part 27 — Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.' s. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 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. u. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace (Financial Assistance). p• Airport sponsors Assurances " Page4 of 19 3-53-0089-062-2025 v. 49 CFR Part 37 — Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38 — Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles. x. 49 CFR Part 41— Seismic Safety. FOOTNOTES TO ASSURANCE (C)(1) These laws do not apply to airport planning sponsors. These laws do not apply to private sponsors. 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Cost principles established in 2 CFR Part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. Audit requirements established in 2 CFR Part 200 subpart F are the guidelines for audits. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this 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. b. Private Sponsor: It has legal authority to apply for this Grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this Grant Agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this Grant Agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. Airport Sponsors Assurances Page 5 of 19 3-53-0089-062-2025 b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which 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 this Grant Agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. Subject to 49 U.S.C. § 47107(a)(16) and (x), it will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in this Grant Agreement without approval by the Secretary. lithe transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of this Grant Agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this Grant Agreement. c For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors Airport Sponsors Assurances Page 6 of 19 3-53-0089-062-2025 of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6 Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance -Management. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under 49 U.S.C. § 44706, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. Airport Sponsors Assurances Page 7 of 19 3-53-0089-062-2025 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this 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 Secretary 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 this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. 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 this 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. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, Property, and Works), 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. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this Grant Agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this Grant Agreement, and, upon approval of the Secretary, shall be incorporated into this Grant Agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this Grant Agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in Airport Sponsors Assurances 9 3-53-0089-062-2025 accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state, and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for: 1. Operating the airport's aeronautical facilities whenever required; 2. Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3. Promptly notifying pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions Airport Sponsors Assurances Pegg 9 3-53-0089-062-2025 interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under 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 sponsor 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. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non -tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers Airport 5ponsors A Page 10 of 19 3-53-0089-062-2025 which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non -tenants and signatory carriers and non -signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: g. a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. AIYp It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for Page 11 of 19 3-53-0089-062-2025 which a Grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on, or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of 49 U.S.C. § 47107. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the Airport Sponsors Assura no Page 12 of 19 3-53-0089-062-2025 public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this Grant Agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that: a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. Airport Sponsors Assurances Page 13 aff 19 3-53-0089-062-2025 29. Airport Layout Plan. a. The airport owner or operator will maintain a current airport layout plan of the airport showing: 1. boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; 2. the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; 3. the location of all existing and proposed non -aviation areas and of all existing improvements thereon; and 4. all proposed and existing access points used to taxi aircraft across the airport's property boundary. Subject to subsection 49 U.S.C. § 47107(x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect. c. The owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration- 1. is outside the scope of the Secretary's review and approval authority as set forth in subsection (x); or 2. complies with the portions of the plan approved by the Secretary. d. When the airport owner or operator makes a change or alteration in the airport or the facilities which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary: 1. eliminate such adverse effect in a manner approved by the Secretary; or 2. bear all costs of relocating such property or its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d to 2000d-4); creed and sex per 49 U.S.C. § 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant. Airport Sponsors Assurances Page 14 of 19 3-53-0089-062-2025 a. Using the definitions of activity, facility, and program as found and defined in 49 CFR §§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. 2 Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3 Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The (City of Yakima), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, all businesses will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex, age, or disability in consideration for an award." Required Contract Provisions. 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally -assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally -assisted programs of the DOT acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. Airport Sponsors Assurances Page 15 0 3-53-0089-062-2025 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex, age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. g• 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United Airport Sponsors Assurances Page 16 of 19 3-53-0089-062-2025 States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117; 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self- sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a), (b), or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., 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 in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this Grant to be used to fund any project which 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. 34. Policies, Standards, and Specifications. It will carry out any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars (htt s: www.faaov sites faa. ov files ai fc-checklist 0. df) for AIP projects as of September 01, 2025. Airport Sponsors Assurances Page 17 of 19 3-53-0089-062-2025 35. Relocation and Real Property Acquisition. a. 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. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. 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. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. lithe airport owner or operator of a medium or large hub airport (as defined in 49 U.S.C. § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that: 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and Airport Sponsors Assurances Page 18 of 19 3-53-0089-062-2025 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. 40. Access to Leaded Aviation Gasoline If 100-octane low lead aviation gasoline (100LL) was made available at an airport, at any time during calendar year 2022, an airport owner or operator may not restrict or prohibit the sale of, or self -fueling with, 100-octane low lead aviation gasoline. b. This requirement remains until the earlier of December 31, 2030, or the date on which the airport or any retail fuel seller at the airport makes available an unleaded aviation gasoline that has been authorized for use by the FAA as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston -engine aircraft and engine models; and meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the FAA. An airport owner or operator understands and agrees, that any violation of this grant assurance is subject to civil penalties as provided for in 49 U.S.C. § 46301(a)(8). Airport Sponsors Assurances pag Non -Airport Sponsors Undertaking Noise Compatibility Program Projects Assurances 3-53-0089-062-2025 sts, Page 1 of 11 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 1 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The Honorable Barbara J. Rothstein UNITED STATES DISTRICT COURT WESMTERN DISTRICT OF WASHINGTON AT SEATTLE NO. 2:25-cv-814 MARTIN LUTHER KING, JR. COUNTY; PIERCE COUNTY; SNOHOMISH COUNTY; 0 ' I ER GRANTING PLAINTIFFS' CITY AND COUNTY OF SAN FRANCISCO; FIRST AND SECOND MOTIONS FOR COUNTY OF SANTA CLARA; CITY OF PRELIMINARY INJUNCTION BOSTON; CITY OF COLUMBUS; and CITY OF NEW YORK, Plaintiffs, vs. SCOTT TURNER in his official capacity as Secretary of the U.S. Department of Housing and Urban Development; the U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; SEAN DUFFY in his official capacity as Secretary of the U.S. Department of Transportation; the U.S. DEPARTMENT OF TRANSPORTATION; MATTHEW WELBES in his official capacity as acting Director of the Federal Transit Administration; and the FEDERAL TRANSIT ADMINISTRATION, Defendants. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 2 of 49 I. INTRODUCTION Plaintiffs King County, New York City, Denver, and 28 other counties, cities, and local housing and transportation agencies bring this action to challenge the Trump administration's imposition of what Plaintiffs claim are unlawful and politically motivated funding conditions on an estimated $4 billion in critical federal grants. Plaintiffs contend that these funding conditions seek to compel compliance with the administration's political agenda, including mandates to prohibit "promotion" of "gender ideology" and "elective abortions," and to verify that "any Federal public benefit" will not be provided to any "ineligible alien." Plaintiffs claim that these funding conditions are unrelated to the underlying grants, which were conditionally awarded earlier this year by Defendants U.S. Department of Housing and Urban Development ("HUD") and the U.S. Department of Transportation ("DOT"), including through DOT agencies, the Federal Transit Administration ("FTA"), Federal Highway Administration ("FHWA"), Federal Aviation Administration ("FAA"), and Federal Railroad Administration ("FRA").1 These grants 'Plaintiffs are Martin Luther King, Jr. County, Washington ("King County"), Pierce County, Washington ("Pierce County"), Snohomish County, Washington ("Snohomish County"), City and County of San Francisco, California ("San Francisco"), County of Santa Clara, California ("Santa Clara"), City of Columbus, Ohio ("Columbus"), City of Boston, Massachusetts ("Boston"), City of New York, New York ("NYC"), City and County of Denver, Colorado ("Denver"), the Metropolitan government of Nashville and Davidson County, Tennessee ("Nashville"), Pima County, Arizona ("Pima County"), County of Sonoma, California ("Sonoma"), City of Bend, Oregon ("Bend"), City of Cambridge, Massachusetts ("Cambridge"), City of Chicago, Illinois ("Chicago"), City of Culver City, California, ("Culver City"), City of Minneapolis, Minnesota ("Minneapolis"), City of Pittsburgh, Pennsylvania ("Pittsburgh"), City of Portland, Oregon ("Portland"), City of San Jose, California ("San Jose"), City of Santa Monica, California ("Santa Monica"), City of Pasadena, California ("Pasadena"), City of Tucson, Arizona ("Tucson"), City of Wilsonville, Oregon ("Wilsonville"), Central Puget Sound Regional Transit Authority located in King, Pierce, and Snohomish Counties, Washington ("CPSRTA"), Intercity Transit located in Thurston County, Washington ("Intercity Transit"), Port of Seattle, Washington ("Port of Seattle"), King County Regional Homelessness Authority located in King County, Washington ("King County RHA"), Santa Monica Housing Authority, California ("Santa Monica HA"), San Francisco County Transportation Authority, located in the City and County of San Francisco, California ("SFCTA"), and Treasure Island Mobility Management Agency located in Treasure Island and Yerba Buena Island, California ("TIMMA") (collectively "Plaintiffs"). Dkt. No. 71 ("Amend. Comp.") irg 8-38. Defendants are HUD, DOT, Scott Turner in his official capacity as Secretary of HUD, Sean Duffy in his official capacity as Secretary of DOT, FTA, Tariq Bokhari as the acting Director of FTA, FHWA, Gloria M. Shepard as the ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 3 of 49 support vital programs in urban centers across the country, including homelessness prevention, housing assistance, and transportation infrastructure, that Congress has long recognized as essential through its appropriations. Plaintiffs assert that these new funding conditions are unconstitutional, exceed statutory authority, and violate the Administrative Procedure Act. Currently before the Court are Plaintiffs' First and Second Motions for Preliminary Injunction, both of which Defendants oppose. Having reviewed the briefs and exhibits filed in support of and in opposition to the motions, the record of the case, and the relevant legal authority, and having heard the argument of counsel, the Court will grant the motions. The reasoning for the Court's decision follows. H. PROCEDURAL HISTORY This lawsuit began on May 2, 2025, when eight cities and counties across the United States sued I -IUD, DOT, FTA, and their respective administrators, challenging their imposition of new funding conditions on grants the cities and counties had been conditionally awarded for fiscal year 2024. Dkt. No. 1 ("Compl.").2 Three days later, on May 5, 2025, seven of the cities and counties filed a motion for a temporary restraining order ("TRO") in which they sought to enjoin HUD, DOT, and FTA from imposing the new funding conditions on the grants .3 Dkt. No. 5 ("TRO Mot."). After briefing and a hearing on May 7, 2025, this Court granted the motion and temporarily enjoined HUD, DOT, and FTA from: (1) imposing or enforcing the new funding conditions on the grants, (2) rescinding or cancelling the grant agreements (or otherwise impeding acting Director of FHWA, FAA, Chris Rocheleau as acting Administrator of FAA, FRA, and Drew Feeley as acting Administrator of FRA (collectively "Defendants"). 2 The original eight plaintiffs were: King County, Pierce County, Snohomish County, San Francisco, Santa Clara, Boston, Columbus, and NYC. Dkt. No. 1. Columbus did not join the motion. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 4 of 49 5 10 12 13 14 15 1.6 17 19 21 22 23 24 25 or withholding the funds) based on the new funding conditions, and (3) requiring Plaintiffs to make certifications or other representations related to compliance with the new funding conditions. Dkt. No. 52 ("TRO Order"). At the conclusion of the hearing on the TRO motion, the seven cities and counties stated their intent to move for a preliminary injunction on the same issues subject to the TRO, which was set to expire fourteen days later. Dkt. No. 53. This Court ordered briefing and on May 21, 2025, held a hearing on the motion for a preliminary injunction. Id.; Dkt. No. 73. At the conclusion of that hearing, the Court determined that good cause existed to extend the TRO by another fourteen days, to June 4, 2025, and indicated that it would issue a written decision on the motion for preliminary injunction by that date. Dkt. No. 73. Thereafter, also on May 21, 2025, Plaintiffs filed an amended complaint adding twenty-one cities, counties, and local housing and transit agencies as plaintiffs, as well as FHWA, FAA, FRA, and their respective administrators, as defendants. Dkt. No. 71 ("Amend. Compl."). Plaintiffs Cambridge, KCRHA, Nashville, Pasadena, Pima County, San Jose, Santa Monica HA, and Tucson join in the original plaintiffs' challenge to the imposition of the new funding conditions on HUD grants that they were conditionally awarded for fiscal year 2024. Dkt. No. 72, Ex. 2, n. 1. Plaintiffs Bend, Boston, Chicago, Columbus, Culver City, Denver, Intercity, Minneapolis, Nashville, NYC, Pierce County, Pima County, Pittsburgh, Port of Seattle, Portland, San Francisco, San Jose, Santa Clara, Santa Monica, Snohomish County, Sonoma County, CPSRTA, SFCTA, TIMMA, Tucson, and Wilsonville join in the original plaintiffs' challenge to the imposition of the new funding conditions on DOT grants that they were conditionally awarded for fiscal year 2024. Id. The Amended Complaint was accompanied by Plaintiffs' Second Motion for a Temporary ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 5 of 49 10 Restraining Order and Preliminary Injunction. Dkt. No. 72 ("Pls. Sec. Mot."). In this motion, Plaintiffs Columbus, Intercity, Minneapolis, NYC, Port of Seattle, and Tucson sought a TRO against DOT enjoining it from imposing the new funding conditions on their conditionally awarded grants. Pls. Sec. Mot, Ex. 1, n. 1. And Plaintiffs Cambridge and Pasadena sought a TRO against HUD enjoining it from imposing the new funding conditions on their conditionally awarded grants. Id. Defendants acknowledged that they "oppose the New Plaintiffs' TRO and preliminary injunction motion for the same reasons they opposed the first." Dkt. No. 151 ("Defs. Opp. to Pls. Sec. Mot.") at 4. After reviewing the second motion for a TRO and Defendants' opposition thereto, this Court determined that the motion raised questions of law and fact that are materially identical to those raised in the first motion for a TRO, and granted the second TRO on the same terms as the first TRO. See Dkt. No. 152 ("Sec. TRO Order") at 2-4. Now before the Court are Plaintiffs' first and second motions for a preliminary injunction, in which collectively all Plaintiffs join. 14 III. FACTUAL BACKGROUND 15 17 8 19 20 21 22 24 25 A. Overview of Federal Grants As stated above, this lawsuit concerns the allocation of grants from two federal agencies: HUD and DOT, and several DOT operating administrations: FTA, FHWA, FAA, and FRA.4 Plaintiffs allege that in January 2025, they were each awarded grants from these agencies for the fiscal year 2024, but beginning in March and April 2025, Defendants began to impose new funding conditions on the grants. Plaintiffs claim that these conditions exceed Congressional Congress and DOT refer to DOT divisions —including FTA, FHWA, FAA, and FRA—as "operating administrations." 49 U.S.C. § 102; 49 C.F.R. § 1.2. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 2 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 6 of 49 authorization and violate the United States Constitution and the Administrative Procedure Act. With this lawsuit, Plaintiffs seek a declaration that the new funding conditions are unlawful and an injunction enjoining Defendants from imposing the conditions, or substantially similar conditions, on the grants, and/or from withholding the grants based on those conditions. To that end, it is helpful to have a basic understanding of the federal grant process. Each year, Congress exercises its constitutional authority to appropriate taxpayer resources to federal agencies through annual appropriation bills. These bills specify the amount of money allocated to each agency, and for what purposes, for that fiscal year .5 While the process for awarding grant funds varies by program, generally the federal agencies issue notices of funding opportunity ("NOFO") that announce the availability of funding, outline the requirements for the grant programs, and reflect the specific goals and priorities of the funding programs.6 State and local governments, nonprofits, and other entities apply to receive grant funds and the agencies review the applications to assess the eligibility both of the applicant and the proposed use of the funds to ensure the proposed project is in compliance with the program's statutory and regulatory requirements.' The agencies then issue notices of award to those applicants whose proposals are approved and conditionally funded. 8 Once the grant recipient successfully meets the requirements for the grant, a grant or cooperative agreement is issued, and the funds are released. The grant or 5 The Appropriations Committee: Authority, Process, and Impact, Appropriations Chairman Tom Cole, https://appropriations.house.gov/about/appropriations-committee-authority-process-and-impact (last visited May 9, 2025). 6 The Grant Lifecycle, Grants.gov, http s://www.grants.gov/leam-grants/grants-101/the-grant-li fecyc le (last visited May 9, 2025). 'Natalie Paris, Understanding Federal Agency Grant Disbursement, Payment Processes, and "Freezes", Congressional Research Service (Feb. 21, 2025), https://www.congress.govicrs-product/IF12924. Award Phase, G ts.gov, https:/1 www.g rant s.go vil eam-g rant sip -an t s-10 1 laward-p hase.html #NOA (last visited May 9, 2025). ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 7 of 49 cooperative agreement sets forth the terms and conditions attached to the award, which generally include the amount of funding approved, a description and scope of the project, an approved budget, and financial and performance reporting requirements.9 If the grant recipient signs the agreement or withdraws grant funds, it becomes legally obligated to carry out the terms and conditions of the agreement.'° B. The HUD Grants Congress enacted the McKinney-Vento Homeless Assistance Act (the "Homeless Assistance Act") to "meet the critically urgent needs of the homeless of the Nation" by providing "funds for programs to assist the homeless, with special emphasis on elderly persons, handicapped persons, families with children, Native Americans, and veterans." 42 U.S.C. § 11301(b)(2)—(3). Through the Act, Congress provides federal funding for a number of programs, including the Continuum of Care Program ("CoC Program"). The CoC Program is designed "to assist individuals (including unaccompanied youth) and families experiencing homelessness" by providing services "to help such individuals move into transitional and permanent housing, with the goal of long-term stability." It does this by providing funding to states, local governments, Indian Tribes, and nonprofit entities for a variety of programs, including shelters and supportive housing, rental assistance, childcare, job training, healthcare, mental health services, and life skills training. Id. §§ 11360(29), 11381, 11383. Paris, supra note 7. 10Award Phase, supra note 8. 11 Continuum of Care (CoC) Program Eligibility Requirements, HUD Exchange, haps://www.hudexchange.info/programs/coc/coc-program-eligibility-requirements/ (last visited May 9, 2025). ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 7 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 8 of 49 HUD is the federal agency responsible for administering the CoC Program. Most recently, Congress appropriated funds for the CoC Program in the 2024 Consolidated Appropriations Act ("the Appropriations Act") and in January 2024, HUD posted a NOFO announcing CoC funding for fiscal years 2024 and 2025.12 Plaintiffs King County, Pierce County, Snohomish County, San Francisco, Santa Clara, Boston, Columbus, NYC, Nashville, Pima County, Cambridge, Pasadena, San Jose, Tucson, King County RHA, and Santa Monica HA (collectively, "the CoC Plaintiffs") each timely submitted applications in response to the NOFO and on January 17, 2025, HUD conditionally awarded the CoC Plaintiffs hundreds of millions of dollars in CoC grants for fiscal year 2024. Relying on these awards, CoC Plaintiffs have already committed, and in some cases expended, millions of dollars for homeless assistance services. 12 C. The DOT Grants Congress established DOT in 1966 "to assure the coordinated, effective administration of the transportation programs of the Federal Government" and has established by statute a wide variety of grant programs that provide federal funds to state and local governments for public transit services. Department of Transportation Act, Pub. L. No. 89-670, 80 Stat. 931 (1966). In administering these grant programs, DOT often acts through its operating administrations, including the FTA, FHWA, FAA, and FRA. 12 FY 2024 and FY 2025 Continuum of Care Competition and renewal or Replacement of Youth Homeless Demonstration Program Grants FR-6800N-2025, U.S. Department of Housing and Urban Development (August 29, 2025), FY 2024 and FY 2025 Continuum of Care Competition and Renewal or Replacement of Youth Homeless Demonstration Program Grants. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 9 of 49 1. The FTA Grant Programs FTA provides financial and technical assistance to local public transit systems nationwide.13 Since at least 2021, Congress has annually appropriated funding for grants administered by FTA, including grants for: (1) the operation of public transit facilities and equipment in urban areas, (2) public transit systems that operate on fixed rights -of -way such as rail or passenger ferries, (3) replacement of rail rolling stock, and (4) the purchase and maintenance of buses and bus facilities. 49 U.S.C. §§5302(8), 5307(a)(1), 5337(b), 5339(a)(2), (b), (c). Plaintiffs King County, San Francisco, Boston, NYC, Pima County, Denver, Chicago, Culver City, Portland, Santa Monica, Tucson, Wilsonville, Intercity Transit, and Sound Transit 10 operate public transit or are otherwise eligible for FTA grants and "currently rely on billions of 1 dollars in appropriated federal funds from FTA grant programs for transit services and improvements provided or undertaken for the benefit of their residents." Amend. Compl. ¶ 91. 2. FHWA Grant Programs 14 FHWA supports state and local governments in the design, construction, and maintenance 1 of the nation's highway system through financial and technical assistance.14 To that end, FHWA 16 administers programs such as Safe Streets and Roads for All, the Federal Highway -Aid Program, the Bridge Investment Program, and the National Culvert Removal, Replacement, and Restoration 1 Grant Program. Congress annually appropriates funds to the foregoing programs, including 1 2, 21 22 23 24 25 through the Infrastructure Investment and Jobs Act of 2021 ("the Infrastructure and Jobs Act"). 13 About FTA, Federal Transit Administration, https://www.transit.dot.gov/about-fta (last visited May 9, 2025). 14 About FHWA, U.S. Department of Transportation Federal Highway Administration, https://hi ghway s. dot. gov/about/about- fhwa#:—:text=Who%20We%20Are,technologically%20sound%20in%20the%20world (last visited May 29, 2025). ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 10 of 49 Plaintiffs King County, Pierce County, San Francisco, Santa Clara, Snohomish County, Boston, Columbus, NYC, Denver, Nashville, Pima County, Chicago, Minneapolis, Portland, Pittsburgh, San Jose, Santa Monica, Sound Transit, Tucson, SFCTA, and TIMMA receive and rely on 4 FHWA grants worth hundreds of millions of dollars in appropriated funds. 3. FAA Grant Programs The FAA's primary purpose is to regulate civil aviation and to maintain and operate air traffic control and navigation systems.15 Congress has established by statute a variety of grant programs administered by DOT, acting through the FAA, that provide federal funds to public agencies for planning and development of airports. These programs include the Airport 10 Improvement Program and the Airport Infrastructure Grants Program, which are funded by 11 Congress through statutes such as the Infrastructure and Jobs Act, the FAA Reauthorization Acts 12 of 2018 and 2024, and most recently, the Consolidated Appropriations Act of 2024. Plaintiffs 13 King County, Pierce County, Snohomish County, San Francisco, Denver, Pima County, Sonoma 14 County, Bend, Chicago, San Jose, and Port of Seattle currently have hundreds of millions of 15 dollars in appropriated federal funds from FAA grant programs for airport development and 16 infrastructure projects. 17 4. FRA Grant Programs 18 The mission of FRA is to enable the safe, reliable, and efficient movement of people and 19 goods via railways across the United States.16 FRA provides federal funds to public agencies for 20 21 22 23 24 25 15 Federal Aviation Administration, Federal Register, hit s://www:fedemtre igen ovia enciesifederal-aviation- administrationTh—Aext=The%2Ornission%20of%20the%20FA kand%20the%20National%20Airspace%20Svstem (last visited May 29, 2025). 16 FRA 101: Getting to Know FRA, U.S. Department of Transportation Federal Railroad Administration (Aug. 2021), hups://railroads,dotgovibitesifra.dagovifiles/2021-12/20210824-FRA I 01.pdf. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 10 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 11 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rail infrastructure projects such as the Railroad Crossing Elimination Grant Program that provides funds to improve the safety and mobility of people and goods at railway crossings. Funding for the program was provided through the Infrastructure and Jobs Act. Plaintiffs allege that Bend, Minneapolis, Portland, Sound Transit, and San Jose currently have millions of dollars in appropriated federal funds from FRA grant programs for rail infrastructure projects. 5. The DOT SMART Grant Program The Strengthening Mobility and Revolutionizing Transportation ("SMART") grant program was established by Congress through the Infrastructure and Jobs Act to provide grants "to eligible public sector agencies for projects focused on advanced smart community technologies and systems in order to improve transportation efficiency and safety." Id 11116. It is administered by DOT. Plaintiffs allege that Boston, Chicago, Minneapolis, Nashville, and Intercity Transit are slated to receive millions of dollars in appropriated funds for the SMART grant program. D. New Funding Conditions in the HUD and DOT Grant Agreements Plaintiffs claim that HUD and DOT are imposing unlawful funding conditions on the CoC and DOT grants —conditions that were not included in the relevant NOFOs or authorized by statute or regulation. Rather, Plaintiffs argue, the new funding conditions seek "to coerce grant recipients that rely on federal funds into implementing President Trump's policy agenda, and direct them to adopt his legal positions, contrary to settled law. Amend. Compl. II 4. Plaintiffs challenge Defendants' imposition of new funding conditions on the grants, arguing that the conditions are unconstitutional, violate the Administrative Procedure Act, and exceed statutory ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 12 of 49 10 authority. It is understood that without acceptance of these conditions, the grants will not be funded. 1. The New HUD Funding Conditions Plaintiffs allege that beginning in March and April 2025, HUD presented the CoC Plaintiffs with grant agreements (collectively, "the CoC Grant Agreements") that contained new funding conditions that were not included in the relevant NOFO, and not authorized by the Homeless Assistance Act, the Appropriations Act, or HUD regulations. Specifically, Plaintiffs object to the following six conditions in the CoC Grant Agreements: A. The recipient "shall not use grant funds to promote 'gender ideology,' as defined in E.O. 14168 Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government"; 1 1 B. The recipient "agrees that its compliance in all respects with all applicable Federal anti -discrimination laws is material to the U.S. Government's payment decisions 12 for purposes of [the False Claims Act, 31 U.S.C. § 3729(b)(4)]"; 13 C. The recipient "certifies that it does not operate any programs that violate any applicable Federal anti -discrimination laws, including Title VI of the Civil Rights 14 Act of 1964"; 15 D. The recipient "shall not use any Grant Funds to fund or promote elective abortions, as required by E.O. 14182, Enforcing the Hyde Amendment"; 16 E. "No state or unit of general local government that receives funding under this 17 grant may use that funding in a manner that by design or effect facilitates the subsidization or promotion of illegal immigration or abets policies that seek to 18 shield illegal aliens from deportation"; and 19 F. "Subject to the exceptions provided by [the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ("PRWORA")], the recipient must use 70 SAVE, or an equivalent verification system approved by the Federal government, to prevent any Federal public benefit from being provided to an ineligible alien 21 who entered the United States illegally or is otherwise unlawfully present in the United States." 22 23 24 25 ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 12 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 13 of 49 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Dkt. No. 11 ("McSpadden Decl."), Ex. A at 3. In addition, the CoC Grant Agreements also state that the Agreements, the recipients' use of funds provided under the Agreements, and the recipients' operation of projects with grant funds are "governed by" "all current Executive Orders." Id at 1, ¶ 5. 2. The New DOT Funding Conditions Plaintiffs claim that DOT and its operating administrations have also attached unlawful funding conditions to the DOT grants by amending the grants' general terms and agreements, master grant agreements, and/or assurance requirements. For instance, Plaintiffs allege that DOT inserted the following funding conditions in the FTA Master Agreement that governs all FTA grants: A. "Pursuant to section (3)(b)(iv)(A), Executive Order 14173, Ending Illegal Discrimination and Restoring Merit -Based Opportunity, the Recipient agrees that its compliance in all respects with all applicable Federal anti -discrimination laws is material to the government's payment decisions for purposes of [the False Claims Act, 31 U.S.C. § 3729(b)(4)]"; B. "Pursuant to section (3)(b)(iv)(B), Executive Order 14173, Ending Illegal Discrimination and Restoring Merit -Based Opportunity, by entering into this Agreement, Recipient certifies that it does not operate any programs promoting diversity, equity, and inclusion (DEI) initiatives that violate any applicable Federal anti -discrimination laws"; and C. "[T]he Recipient will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigration law." Amend. Comp1.7 164, 172. In addition, the April 25, 2025 FTA Master Agreement requires that the recipient comply with all applicable federal laws, regulations, and requirements and defines "federal requirements" to include "executive order." Id. In 168, 170. Plaintiffs allege that the ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 13 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 14 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 foregoing new funding conditions are included in materially identical form in the FHWA, FAA, and FRA grant requirements, as well as the DOT SMART grant program. They charge that the new funding conditions were not included in the relevant NOFOs, were not authorized by the relevant statutes, and are inconsistent with the relevant regulations. E. Plaintiffs Allege Irreparable Harm Plaintiffs allege that "[t]he grant conditions that Defendants seek to impose leave [them] with the Hobson's choice of accepting illegal conditions that are without authority [and] contrary to the Constitution . . . or forgoing the benefit of grant funds ... that are necessary for crucial local services." Id. 11235. Plaintiffs claim that loss of the CoC Program grants would result in a loss of hundreds of millions of dollars in funding for housing and other services meant to meet the basic needs of the CoC Plaintiffs' homeless residents, including access to housing, healthcare, and counseling, which would have a devasting impact on their residents and communities. Likewise, Plaintiffs allege that the DOT grants represent billions of dollars in funding for critical services and projects for the DOT Plaintiffs' residents, including transit improvement and safety initiatives, critical railway and airport infrastructure, transportation modernization, and improved air quality. Plaintiffs assert that the loss of these projects would irreparably harm DOT Plaintiffs' residents and communities. IV. DISCUSSION A. The APA Sovereign Immunity Waiver Applies to Plaintiffs' Claims and this Court Has Jurisdiction pursuant to 28 U.S.C. § 1331 "[A plaintiff] may sue the United States only if Congress has waived sovereign immunity for the lawsuit, and may bring its claim in federal district court only if Congress has provided for jurisdiction there." North Star Alaska v. United States, 9 F.3d 1430, 1432 (9th Cir. 1993) (en ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 14 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 15 of 49 banc) (per curiam). Thus, as a threshold matter, this Court must determine whether Congress has waived sovereign immunity for Plaintiffs' claims and whether this Court has subject -matter jurisdiction to address them. For the reasons set forth below, this Court concludes that the answer to both questions is yes. 1. The Sovereign Immunity Waiver under the APA It is a bedrock principal of our legal system that the federal government —including its federal agencies —has sovereign immunity and may not be sued absent a clear and express waiver by statute. See United Aeronautical Corporation v. United States Air Force, 80 F.4th 1017, 1022 (9th Cir. 2023); see also United States v. Mitchell, 463 U.S. 206, 212 (1983) ("It is 10 axiomatic that the United States may not be sued without its consent and that existence of such I consent is a prerequisite for jurisdiction."). The Administrative Procedure Act ("APA"), 5 U.S.C. 12 § 551 et seq., is one example of such waiver —the statute expressly waives federal sovereign 13 immunity so that a plaintiff "adversely affected" by a "final agency action" may obtain "judicial 14 review thereof." Id § 702; see also Cmty Legal Servs. in E. Palo Alto v. US. Dep't of Heath & 15 Hum. Servs., No. 25-2802, 2025 WL 1393876, at *2 (9th Cir. May 14, 2025) (quoting Abbott 16 Lab 'ys v. Gardner, 387 U.S. 136, 140-41 (1967) (The APA "embodies [a] basic presumption of 17 judicial review to one 'suffering legal wrong because of agency action.'")). 18 However, the APA's sovereign immunity waiver is not without limits. Relevant to this 19 motion are two such limitations. First, the waiver does not apply if the relief sought by the 20 plaintiff is expressly or impliedly forbidden by another statute. Tucson Airport Auth. v. Gen. 21 Dynamics Corp., 136 F.3d 641, 645 (9th Cir. 1998); see also Cmty Legal Servs. in E. Palo Alto, 22 2025 WL 1393876, at *2 ("The APA generally waives sovereign immunity and permits a 23 ORDER GRANTING PLAINTIFFS' 24 MOTIONS FOR PRELIMINARY INJUNCTION 25 - 15 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 16 of 49 4 6 challenge to agency action unless 'any other statute that grants consent to suit expressly or impliedly forbids the relief which is sought.'") (quoting 5 U.S.C. § 702). Second, the waiver does not apply if an agency action is "committed to agency discretion by law." Jajati v. US. Customs & Border Prot., 102 F.4th 1011, 1014 (9th Cir. 2024) (quoting 5 U.S.C. § 701(a)(2)). In addition, the APA is not a jurisdiction -conferring statute in that it does not directly grant subject matter jurisdiction to the federal courts. See Califano v. Sanders, 430 U.S. 99, 105 (1977). Instead, federal courts exercise jurisdiction over APA claims pursuant to 28 U.S.C. § 1331, which grants courts jurisdiction to hear cases arising under federal law. See South Delta Water Agency v. United States, 767 F.2d 531, 539 (9th Cir. 1985) ("[T]he Supreme Court has interpreted section 1331 as conferring jurisdiction on federal courts to review agency action 'subject only to preclusion -of -review statutes created or retained by Congress. . . .'") (quoting Califano, 430 U.S. at 105)). 13 2. The Parties' Jurisdictional Arguments 14 According to Plaintiffs, their claims fall squarely within the APA's sovereign immunity 15 waiver because they seek injunctive and declaratory relief against HUD and DOT actions that 16 have adversely affected them, and that this Court has jurisdiction under 28 U.S.C. § 1331. 17 Defendants counter that Plaintiffs' claims fall outside the APA's waiver and this Court's 18 jurisdiction for two reasons. First, they argue that the relief Plaintiffs request is impliedly 19 forbidden by the Tucker Act, 28 U.S.C. § 1491, which grants the Court of Federal Claims 20 exclusive jurisdiction over contract claims against the federal government. § 1491(a). Second, 21 Defendants contend that HUD's and DOT's decision to impose the new funding conditions on 22 23 ORDER GRANTING PLAINTIFFS' 24 MOTIONS FOR PRELIMINARY INJUNCTION 25 - 16 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 17 of 49 the grants is not subject to this Court's review because the action is "committed to agency discretion by law." 5 U.S.C. § 701(a)(2). 3. The Tucker Act Does Not Impliedly Forbid the Relief Sought by Plaintiffs Defendants argue that Plaintiffs' claims, while pled under the APA, are actually breach - of -contract claims against the United States and, therefore, must be brought in the Court of Federal Claims. In other words, Defendants' jurisdictional argument hinges on their successfully recharacterizing Plaintiffs' allegations as contract claims rather than APA challenges to agency action. See Cmty Legal Servs. in E. Palo Alto, 2025 WL 1393876, at *2 ("[T]he Tucker Act . . . 'impliedly forbid[s]' an APA action seeking injunctive and declaratory relief only if that 10 action is a 'disguised' breach -of -contract claim.") (quoting United Aeronautical Corp., 80 F.4th 11 at 1026). 12 a. Plaintiffs' APA Claims Are Not "Disguised" Breach -of - Contract Claims 14 To resolve whether Plaintiffs' APA claims are "disguised" breach -of -contract claims that 15 must be brought in the Court of Federal Claims, this Court must determine: (1) "the source of the 16 rights" upon which Plaintiffs base their claims, and (2) "the type of relief' Plaintiffs seek. United 17 Aeronautical Corp., 80 F.4th at 1026 (quoting Megapulse, Inc. v. Lewis, 672 F.2d 959, 967 (D.C. 18 Cir. 1982) ("The classification of a particular action as one which is or is not 'at its essence' a 19 contract action depends on both the source of the rights upon which plaintiff bases its claims, and 20 upon the type of relief sought (or appropriate)."). "If the rights and remedies are statutorily or 21 constitutionally based," this Court has jurisdiction; "if the rights and remedies are contractually 22 based," the Court of Federal Claims has jurisdiction. Id. (emphasis in original). 23 ORDER GRANTING PLAINTIFFS' 24 MOTIONS FOR PRELIMINARY INJUNCTION 25 - 17 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 18 of 49 7 10 11 12 13 14 15 16 17 18 19 211 21 22 23 24 25 - 18 (i) The Source of Rights on which Plaintiffs' Base Their Claims In examining the source of the rights upon which a plaintiff bases its claims, courts consider, among other things: (1) whether the "asserted rights and the government's purported authority arise from statute," (2) whether the "rights exist . . . apart from rights created under [a] contract," and (3) whether the plaintiff seeks to enforce a duty on the government that was created by a contract "to which the government is a party. Crowley Gov 't Servs., Inc. v. Gen. Servs. Admin., 38 F.4th 1099, 1107 (D.C. Cir. 2022). Courts have explicitly rejected the notion "that any case requiring some reference to . . . a contract is necessarily on the contract and therefore directly within the Tucker Act" because to do so would "deny a court jurisdiction to consider a claim that is validly based on grounds other than a contractual relationship with the government." Id. (quoting Megapulse, 672 F.2d at 967-68) (recognizing that "[c]ontract issues may arise in various types of cases where the action itself is not founded on a contract"). "[T]he mere fact that a court may have to rule on a contract issue does not, by triggering some mystical metamorphosis, automatically transform an action . . . into one on the contract and deprive the court of jurisdiction it might otherwise have." Megapulse, 672 F.2d at 968; see also Transohio Say. Bank v. Director, Office of Thrift Supervision, 967 F.2d 598, 609 (D.C. Cir. 1992), rev 'd on other grounds, Perry Capital LLC v. Mnuchin, 864 F.3d 591 (D.C. Cir. 2017) ("The answer . . . depends not simply on whether a case involves contract issues, but on whether, despite the presence of a contract, plaintiffs' claims are founded only on a contract, or whether they stem from a statute or the Constitution."). Defendants argue that the purpose of Plaintiffs' lawsuit is to force the government to release the CoC and DOT grant funds to them, and the sources of Plaintiffs' rights to those funds ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 19 of 49 10 12 4 16 17 18 20 2 22 23 24 are the CoC and DOT Grant Agreements. According to Defendants, "[t]hat means the source of Plaintiffs' rights are [sic] contractual, and this Court lacks subject -matter jurisdiction." Dkt. No. 55 ("Defs.' Opp.") at 15. Defendants misconstrue the nature of Plaintiffs' lawsuit. Contrary to what Defendants argue, Plaintiffs are not seeking an order from this Court directing payment of the grant funds to them. Instead, the relief Plaintiffs seek is an order from this Court declaring that the new funding conditions are unlawful and enjoining Defendants from imposing them in the Grant Agreements. Specifically, Plaintiffs seek: (1) a declaration that the new funding conditions Defendants imposed in the Grant Agreements "are unconstitutional, are not authorized by statute, violate the APA, and are otherwise unlawful" and (2) an injunction "enjoining [Defendants] from "imposing or enforcing [the new funding conditions] or any materially similar terms or conditions to any [CoC or DOT] funds received by or awarded to, directly or indirectly, [Plaintiffs]." Amend Compl. at VI. A—D. Plaintiffs contend that the funding conditions are unlawful because they are not included in the relevant NOFOs, are unauthorized by the statutes that created the relevant programs, are inconsistent with the appropriations statutes that fund the programs, and do not comply with the regulations that HUD and DOT promulgated to implement the programs. See generally Amend. Compl. Resolution of Plaintiffs' claims will require this Court to conduct an in-depth analysis of the foregoing statutes and regulations to determine whether Defendants acted reasonably and in compliance with Plaintiffs' statutory and constitutional rights; resolution of Plaintiffs' claims will not require an analysis of the respective Grant Agreements. Thus, the source of Plaintiffs' rights resides in statutes and the Constitution, not in any contractual provisions in the Grant Agreements. See Cmty Legal Servs. in E. Palo Alto, 2025 WL 1393876, at *2 ("[P]laintiffs seek to enforce ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION -19 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 20 of 49 6 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 compliance with statutes and regulations, not any government contract. . . . Seeking to ensure compliance with statutory and regulatory commands is a matter beyond the scope of the Tucker Act's exclusive jurisdiction."); Widakuswara v. Lake, No. 25-5144, 2025 WL 1288817, at *10 (D.C. Cir. May 3, 2025) (Pillard dissenting) ("What matters is what the court must examine to resolve the case: If a plaintiff's claim depends on interpretation of statutes and regulations rather than the terms of an agreement negotiated by the parties, the claim is not in essence contractual."); Crowley, 38 F.4th at 1109-10 (claim was statutory, not contractual, when it "require[d] primarily an examination of statutes"); Climate United Fund v. Citibank, N.A., No. 25-cv-698, 2025 WL 842360, at *6 (D.D.C. March 18, 2025) ("Plaintiffs do not challenge a contract between the parties —they challenge an action . . . Plaintiffs' claims arise under a federal grant program and turn on the interpretation of statutes and regulations rather than on the interpretation of an agreement negotiated by the parties.") (quoting Md. Dep't of Hum. Res. v. Dep't of Health & Hum. Servs., 763 F.2d 1441, 1449 (D.C. Cir. 1985)). (ii) The Type of Relief Sought by Plaintiffs Next, this Court must consider the nature of the relief sought by Plaintiffs in this lawsuit. United Aeronautical Corp., 80 F.4th at 1026. If the relief sought is "akin to the traditional remedies available for breach of contract (damages or specific performance)", the Tucker Act applies, and Plaintiffs' claims belong in the Court of Federal Claims. Id; Crowley, 398 F.4th at 1107 ("The crux of this inquiry . . . boils down to whether the plaintiff effectively seeks to attain money damages in the suit."). If, however, the relief sought is not for money damages, then Plaintiffs' claims do not belong in the Court of Federal Claims, which is a specialized forum to resolve "actions based on government contracts," Megapulse, 672 F.2d at 967, for "naked money ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 20 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 21 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 judgment[s] against the United States." Bowen v. Massachusetts, 487 U.S. 879, 905 (1988). As discussed above, Plaintiffs seek injunctive and declaratory relief only, they do not seek money damages based on a breach of contract claim. Indeed, the Amended Complaint expressly seeks no monetary relief. This, alone, is sufficient to render the Tucker Act inapplicable. See Bowen, 487 U.S. at 893 ("[I]nsofar as the complaints sought declaratory and injunctive relief, they were certainly not actions for money damages."). Nevertheless, Defendants argue that if this Court grants the equitable relief Plaintiffs request, it will ultimately result in the federal government having to disburse the grant funds, so Plaintiffs' request is really one for money damages. Defendants' argument is foreclosed by Bowen, 487 U.S. at 893. In Bowen v. Massachusetts, the Supreme Court was asked to address the scope of the APA's sovereign immunity waiver where the Commonwealth of Massachusetts challenged a final order of the Secretary of Health and Human Services ("the Secretary") refusing to reimburse Massachusetts through the Medicaid program for services related to care for the mentally disabled. Id at 882. Massachusetts filed a complaint in district court alleging jurisdiction pursuant to 28 U.S.C. § 1331 and waiver of sovereign immunity under the APA.Id The Secretary argued that Massachusetts could not bring its claim under the APA because it was seeking "money damages"—i.e., reimbursement for the Medicaid services —and, as such, the federal district court did not have jurisdiction. The Supreme Court disagreed, concluding that the district court did have jurisdiction because the relief sought by Massachusetts did not constitute "money damages" within the meaning of the APA. Id. at 893. In reaching this decision, the Supreme Court noted that "[t]he fact that a judicial remedy may require one party to pay money to another is not a sufficient ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 21 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 22 of 49 reason to characterize the relief as 'money damages'. Id. In other words, the Supreme Court held that even though the relief Massachusetts requested —reversal of the Secretary's decision to deny reimbursement —would obligate the United States to pay Massachusetts, this did not mean that Massachusetts' claim was for 'money damages' as that term is used in the law." Id. at 883. The Supreme Court distinguished between compensatory damages, which 'are given to the plaintiff to substitute for a suffered loss' and specific remedies, which 'are not substitute remedies at all, but attempt to give the plaintiff the very thing to which he was entitled." Id. at 895 (quoting Md. Dep't of Hum. Res., 763 F.2d at 1446 (quoting D. Dobbs, Handbook on the Law of Remedies 135 (1973)) (emphasis in original)). With this distinction in mind, the Supreme Court concluded that Massachusetts' action to enforce the requirement that the government 'shall pay' certain amounts for appropriate Medicaid services, is not a suit seeking money in compensation for the damage sustained by the failure of the Federal Government to pay as mandated; rather, it is a suit seeking to enforce the statute mandate itself, which happens to be one for the payment of money." Id. at 900 (emphasis in original). Thus, the Supreme Court determined that Massachusetts' claim was one for specific relief, not money damages; as such, the district court had jurisdiction over the claim.' The United States Court of Appeals for the Federal Circuit ("Federal Circuit") faced a similar jurisdictional issue in Katz v. Cisneros, 16 F.3d 1204 (Fed Cir. 1994). The plaintiff in that case was a low-income housing developer who entered into a housing assistance payments 17 The Supreme Court also noted that the legislative history of the 1976 amendment to the APA (the amendment that added the sovereign immunity waiver) made it clear that Congress intended to authorize APA review of federal grant-in-aid programs, and this is "surely strong affirmative evidence" that Congress "did not regard judicial review of an agency's disallowance decision as an action for damages." Id at 898. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 23 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 contract as part of the Section 8 Moderate Rehabilitation Program of the United States Housing Act of 1937. The Section 8 Program is administered by HUD through Public Housing Agencies ("PHAs") with whom HUD contracts to carry out the program at the local level. The Katz plaintiff had entered into a contract with a local PHA to develop a low-income housing project for an agreed -upon amount of rent payable to the plaintiff. The agreed -upon rent was calculated in accordance with HUD regulations based on the plaintiff's cost of acquiring, owning, managing, and maintaining the project. However, after the plaintiff completed the project, HUD determined that the contract rent rate was too high, ordered that the rent be lowered, and further ordered that the plaintiff return all overpayments. The plaintiff filed suit in federal district court, alleging claims for declaratory and injunctive relief, as well as breach of contract, among other claims, and asserting that the district court had jurisdiction under 28 U.S.C. § 1331 and the APA sovereign immunity waiver. HUD challenged the district court's jurisdiction, arguing that the lawsuit was "contractual and that money damages [were] the appropriate relief." Id. at 1207. The district court agreed with HUD and transferred the case to the Court of Federal Claims. The plaintiff appealed and the Federal Circuit reversed and remanded the case back to the district court. In reaching its decision, the Federal Circuit held that "Bowen v. Massachusetts. . . compels the conclusion that the relief sought by [the plaintiff] is not money damages, but a declaratory judgment and other equitable relief." Id. at 1208. The Federal Circuit saw no distinction between the kind of relief sought by Massachusetts in Bowen and that sought by the plaintiff in the case before it: Like Massachusetts, [plaintiff] seeks payments to which it alleges it is entitled pursuant to federal statute and regulations; it does not seek money as compensation for a loss suffered. It wants to compel HUD to perform the calculation of contract rents in accordance with [HUD regulations]. That a payment of money may flow ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 23 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 24 of 49 10 12 13 14 15 16 17 18 19 20 21 22 23 24 from a decision that HUD erroneously interpreted or applied its regulation does not change the nature of the case. Id The Federal Circuit reached the same conclusion in National Center for Mfg. Sciences v. United States, 114 F.3d 196 (Fed. Cir. 1997) in which the National Center for Manufacturing Sciences ("NCMS") filed suit against the United States Air Force in federal district court seeking an order directing the Air Force to release funds appropriated by Congress pursuant to an agreement between NCMS and the Air Force. The district court had determined that NCMS's claim was a contract claim against the government and ordered that the case be transferred to the Court of Federal Claims. NCMS appealed the transfer and the Federal Circuit determined that the district court had jurisdiction, stating: [t]he distinction drawn by the Supreme Court in Bowen v. Massachusetts and by this court in Katz v. Cisneros between "money damages" (as that term is used in 5 U.S.C. § 702) and other forms of monetary relief makes it clear that NCMS's demand for the release of the remaining funds referred to in the Appropriations Act is not a demand for "money damages" within the meaning of the exception to the APA's waiver of sovereign immunity. Like the grant-in-aid applicants referred to in Bowen v. Massachusetts, NCMS is seeking funds to which it claims it is entitled under a statute; it is not seeking money in compensation for losses that it has suffered or will suffer as a result of the withholding of those funds. Thus, the message of Bowen v. Massachusetts and Katz v. Cisneros, as applied to this case, is that sovereign immunity does not bar the district court from conducting APA review of the Air Force's refusal to release funds appropriated under the Appropriations Act. Id at 200. The message of Bowen, Katz, and NCMS is crystal clear —the term "money damages" for purposes of the APA's sovereign immunity waiver refers to "a sum of money used as compensatory relief' that is "given to the plaintiff to substitute for a suffered loss." Bowen, 487 U.S. at 895 (quoting Md. Dep't of Hum. Res., 763 F.2d at 1446 (emphasis in original). This ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 25 - 24 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 25 of 49 10 11 actually require a payment of money by the government."); Tootle v. Secretary of Navy, 446 F.3d 12 167, 175-76 (D.C. Cir. 2006) (the fact that plaintiff may recover monetary benefits if he prevails 13 does not render his lawsuit anything "more than a routine APA case —a challenge to the 14 reasonableness of the governmental action on the grounds that it was arbitrary, capricious, 15 inadequately explained, and in violation of agency regulations."); Kidwell v. Dep't of Army, Bd 16 for Correction of Military Records, 56 F.3d 279, 284 (D.C. Cir. 1995) ("A plaintiff does not 'in 17 essence' seek monetary relief . . . merely because he or she hints at some interest in a monetary 18 award from the federal government or because success on the merits may obligate the United 19 States to pay the complainant."); Pacito v. Trump, No. 2:25-cv-255-JNW, 2025 WL 655075, at * 20 17 (W.D. Wash. Feb. 28, 2025) ("[W]hen a party suing the federal government ‘seek[s] funds to 21 which a statute allegedly entitles it, rather than money in compensation for the losses,' such a 22 claim is not excepted from Section 702's sovereign -immunity waiver."). 23 contrasts with "specific remedies," which "are not substitute remedies at all, but attempt to give the plaintiff the very thing to which he is entitled." Id Applying this message to the instant case, it is beyond dispute that Plaintiffs are not seeking monetary damages to compensate them for losses they have suffered or will suffer because Defendants have inserted the challenged funding conditions in the Grant Agreements. Instead, they are seeking a specific remedy: the right to enter into the Grant Agreements without the challenged funding conditions. As the Supreme Court, the Federal Circuit Court, and numerous other courts have held, the fact that the relief requested may eventually result in disbursement of the money to Plaintiffs does not change the nature of the relief sought. See, e.g., Tucson, 136 F.3d at 645 ("An action for specific performance is not an action of 'money damages' under APA § 702, even if the remedy may ORDER GRANTING PLAINTIFFS' 24 MOTIONS FOR PRELIMINARY INJUNCTION 25 - 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 26 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The Supreme Court's recent stay order in Department ofEducation v. California, 145 S. Ct. 966 (2025) does not mandate a different outcome. In that case, a federal district court had issued a temporary restraining order enjoining the government from terminating education - related grants. In addition, the order required the government to pay past -due grant obligations and future obligations as they accrued. Id at 968. Given the payment requirements, the Supreme Court construed the order as effectively an order "to enforce a contractual obligation to pay money" and stayed the temporary restraining order, finding, in part, that the government was likely to succeed on its claim that the federal district court did not have jurisdiction to order the payment of money under the APA. Id. The Supreme Court noted that while a district court's jurisdiction is not barred simply because "an order setting aside an agency's action may result in the disbursement of funds," the APA's immunity waiver "does not extend to orders 'to enforce a contractual obligation to pay money' along the lines of what the District Court ordered here." Id. (quoting Great -West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204, 212 (2002)). In the instant case, while it is true that a preliminary injunction may ultimately result in payment by the government to Plaintiffs, the injunction, itself, will not direct such payment. Thus, Department of Education has no application where, as here, the claims sound in statute and the Constitution, not a contract. See Cmty. Legal Servs. in E. Palo, 2025 WL 1393876, at *3 (9th Cir. May 14, 2025) (holding that Department of Education is inapplicable to claims that sound in statute rather than contract). 4. The Imposition of the New Funding Conditions on the Grants Is Not Committed to Agency Discretion by Law Next, Defendants argue that even if this Court determines that Plaintiffs' claims are not foreclosed under the Tucker Act, the claims are not reviewable because the actions at issue are ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 26 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 27 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 committed to the agencies' discretion by law. While "the APA establishes a basic presumption of judicial review for one suffering legal wrong because of agency action, that presumption can be rebutted by a showing that .. . the agency action is committed to agency discretion by law." Dep't of Homeland Sec. v. Regents of the Univ. of California, 140 S. Ct. 1891, 1905 (2020) (cleaned up); 5 U.S.C. § 701(a)(2). Where that is the case, courts have no authority to review or set aside the agency's action. The Court concludes this exception to the "strong" and "basic presumption of judicial review" does not apply in this case. Agency action is committed to agency discretion only in those "rare instances where statutes are drawn in such broad terms that in a given case there is no law to apply, thereby leaving the court with no meaningful standard against which to judge the agency's exercise of discretion." ASSE 'I, Inc. v. Kerry, 803 F.3d 1059, 1068 (9th Cir. 2015); Texas v. United States, 809 F.3d 134, 168 (5th Cir. 2015), as revised (Nov. 25, 2015) (Even where "a statute grants broad discretion to an agency," courts are empowered to review the agency's actions under the APA "unless the statutory scheme, taken together with other relevant materials, provides absolutely no guidance as to how that discretion is to be exercised."). As courts have often (and recently) repeated, to "honor the [APA's] presumption of review, we have read the exception in § 701(a)(2) quite narrowly," confining it to a "rare" and "limited category" of "administrative decision[s] traditionally left to agency discretion." Regents, 140 S. Ct. at 1905 (citing Weyerhaeuser Co. v. United States Fish and Wildlife Serv., 139 S. Ct. 361, 370 (2018); Lincoln v. Vigil, 508 U.S. 182, 191 (1993)). Defendants have failed to demonstrate that the contested conditions fall within "[t]his limited category of unreviewable actions." Id They broadly assert that an "agency's ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 27 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 28 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 determination of how best to condition appropriated funds to fulfill its legal mandates is classic discretionary agency action," and cite a single case, Lincoln v. Vigil, for the principle that an agency's decision to cancel a program is unreviewable, because how to allocate funds 'from a lump -sum appropriation' is an 'administrative decision traditionally regarded as committed to agency discretion." Defs.' Opp. at 29 (citing 508 U.S. at 193). But the agency action at issue in Lincoln differs materially from the actions at issue in this case. In Lincoln, the Indian Health Service ("IHS") administered the "Indian Children's Program," funded through a "lump -sum appropriation" from Congress with instruction to "expend such moneys as Congress may from time to time appropriate, for the benefit, care, and assistance of the Indians" for the "relief of distress and conservation of health." Lincoln, 508 U.S. at 185 (citing 25 U.S.C. § 13). After IHS discontinued the program, plaintiffs filed suit under, inter alia, the APA. The Lincoln court determined that the lack of congressional attention to any details regarding the spending of the appropriated funds indicated that the agency receiving funds was empowered to exercise discretion in how to spend them. Id at 193 ("[A]s the agency allocates funds from a lump -sum appropriation to meet permissible statutory objectives, [the APA] gives the courts no leave to intrude."). In fact, as Plaintiffs point out, Congress's "lump sum" appropriation did not even mention the program. See id. at 190 (noting lower courts could identify "no statute or regulation even mentioning the Program"); id. at 187 ("Congress never authorized or appropriated moneys expressly for the Program."). In contrast, the moneys at issue in this case were not appropriated in an undifferentiated "lump sum." To the contrary, the grants at issue here abound with specific directives. For instance, the Homeless Assistance Act specifically authorized the CoC Program to provide ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 28 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 29 of 49 1 services to those experiencing homelessness with the goal of achieving long-term stability, and expressly sets forth directives that specify the types of programs that are eligible for funding and the criteria for selecting grant recipients. See, e.g., 42 U.S.C. § 11383(a) (eligible activities 4 include construction of new housing units to provide transitional or permanent housing, acquisition or rehabilitation of existing structure to providing housing or supportive services, 6 10 11 12 13 14 15 16 17 18 1) 20 21 22 23 24 provision of rental assistance, and payment of operating costs); id § 11386(a) (selection criteria include past performance of recipients, the extent that the recipients address the needs of subpopulations, sets quantifiable performance measures, maintains implementation strategies). Likewise, the FTA grants in question here expressly and specifically allotted funds for (1) the operation of public transit facilities and equipment in urban areas, (2) public transit systems that operate on fixed rights -of -way such as rail or passenger ferries, (3) replacement of rail rolling stock, and (4) the purchase and maintenance of buses and bus facilities. 49 U.S.C. §§ 5302(8), 5307(a)(1), 5337(b), 5339(a)(2), (b), (c). And the DOT SMART program establishes a set of selection criteria that requires, among other things, that the funded projects reduce congestion and delays for commerce and the traveling public, improve safety for pedestrians, bicyclists, and the traveling public, and connect access for underserved or disadvantaged populations. Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, § 25005,135 Stat. 840-41 (2021). As discussed further below, each of these enabling statutes provides substantial guidance as to how the agencies' discretion should be exercised in implementing these programs, and for the Court to evaluate whether that discretion is being exercised in a reasonable manner. Plaintiffs' claims thus do not involve the "narrow category" of agency actions that are unreviewable under the APA. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 25 - 29 4 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 30 of 49 For the foregoing reasons, this Court concludes that the APA waives federal sovereign immunity for Plaintiffs' claims seeking declaratory and injunctive relief against Defendants' agency action and this Court has subject -matter jurisdiction under 28 U.S.C. § 1331 to resolve the merits of Plaintiffs' claims. B. Injunctive Relief Is Warranted 1. Legal Standard A preliminary injunction is a matter of equitable discretion and is "an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such 9 relief" Winter v. Nat. Res. Def Council, Inc., 555 U.S. 7, 22 (2008). "A plaintiff seeking 10 preliminary injunctive relief must establish that [it] is likely to succeed on the merits, that [it] is 11 likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities 12 tips in [its] favor, and that an injunction is in the public interest." Id at 20. Alternatively, an 13 injunction may issue where "the likelihood of success is such that serious questions going to the 14 merits were raised and the balance of hardships tips sharply in [the plaintiff's] favor," provided 15 that the plaintiff can also demonstrate the other two Winter factors. All. for the Wild Rockies v. 16 Cottrell, 632 F.3d 1127, 1131-32 (9th Cir. 2011) (citation and internal quotation marks omitted). 17 Under either standard, Plaintiffs bear the burden of making a clear showing that they are entitled 18 to this extraordinary remedy. Earth Island Inst. v. Carlton, 626 F.3d 462, 469 (9th Cir. 2010). The 19 most important Winter factor is likelihood of success on the merits. See Disney Enters., Inc. v. 20 Vidingel, Inc., 869 F.3d 848, 856 (9th Cir. 2017). 21 2. Plaintiffs Are Likely to Succeed on the Merits of Their APA Claims 22 The APA broadly "sets forth the procedures by which federal agencies are accountable to 23 24 ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 25 - 30 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 31 of 49 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 the public and their actions subject to review by the courts." Regents, 140 S. Ct. at 1905 (quoting Franklin v. Massachusetts, 505 U.S. 788, 796 (1992)). Under the APA, agencies must "engage in reasoned decisionmaking," and the Court is empowered to "hold unlawful and set aside agency 4 action18. . . found to be (A) arbitrary, capricious, an abuse of discretion, or otherwise not in 5 accordance with law; (B) contrary to constitutional right; [or] (C) in excess of statutory 6 jurisdiction, authority, or limitations, or short of statutory right." 5 U.S.C. § 706(2). Plaintiffs challenge Defendants' actions as "contrary to constitutional right" and "in excess of statutory authority," and as arbitrary and capricious. See Amend. Compl., Counts 5, 6, 7, 111276-303. aDefendants' Actions Violate APA as Contrary to Constitution and in Excess of Statutory Authority (Counts 6 & 7) (i) Separation of Powers Doctrine Under the APA, a court may set aside an agency action that is "contrary to constitutional right, power, privilege, or immunity" or "in excess of statutory jurisdiction, authority, or limitations, or short of statutory right." 5 U.S.C. § 706(2)(B), (C). Plaintiffs challenge Defendants' conditions as both contrary to the Constitution's Separation of Powers doctrine and in excess of any authority conferred by Congress. Amend. Compl., ¶J 291-95; 296-303. Because the Separation of Powers doctrine and the APA's "in excess of statutory authority" standard both turn on the same essential question —whether the agency acted within the bounds of its authority, either as conferred by the Constitution or delegated by Congress —the Court addresses the claims 18 For agency action to be final and thus reviewable under the APA, that action must (1) "mark the consummation of the agency's decisionmaking process," meaning not "tentative or interlocutory" and (2) "be one by which rights or obligations have been determined, or from which legal consequences will flow." Bennett v. Spear, 520 U.S. 154, 177-78 (1997) (quotations omitted). Plaintiffs assert, Defendants do not dispute, and the Court finds that under this standard, the new funding conditions at issue here are "final agency actions" for purposes of APA review. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 31 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 32 of 49 in a single analysis. The Separation of Powers doctrine recognizes that the "United States Constitution exclusively grants the power of the purse to Congress, not the President." City & Cnty. of San 4 Francisco v. Trump, 897 F.3d 1225, 1231 (9th Cir. 2018) (citing the Appropriations Clause, U.S. Const. art. I, § 9, cl. 7 ("No Money shall be drawn from the Treasury, but in Consequence of ( Appropriations made by Law.")). "The [Appropriations] Clause has a 'fundamental and 12 13 14 15 16 17 18 19 20 comprehensive purpose ... to assure that public funds will be spent according to the letter of the difficult judgments reached by Congress as to the common good and not according to the individual favor of Government agents.' United States v. McIntosh, 833 F.3d 1163, 1175 (9th Cir. 2016) (quoting Office of Pers. Mgmt. v. Richmond, 496 U.S. 414, 427-28, 2473 (1990)). In contrast, "[t]here is no provision in the Constitution that authorizes the President to enact, to amend, or to repeal statutes." Clinton v. City of New York, 524 U.S. 417, 438 (1998). "Aside from the power of veto, the President is without authority to thwart congressional will by canceling appropriations passed by Congress." San Francisco, 897 F.3d at 1231. It follows that an executive agency "literally has no power to act . . . unless and until Congress confers power upon it." La. Pub. Serv. Comm'n v. FCC, 476 U.S. 355, 374 (1986); see California v. Trump, 379 F. Supp. 3d 928, 941 (N.D. Cal. 2019), aff'd, 963 F.3d 926 (9th Cir. 2020). When an agency is charged with administering a statute, "both [its] power to act and how [it is] to act [are] authoritatively prescribed by Congress." City of Arlington v. FCC, 569 U.S. 290, 297 (2013). "Absent congressional authorization, the Administration may not redistribute or withhold 21 properly appropriated funds in order to effectuate its own policy goals." San Francisco, 897 F.3d 22 at 1235. 23 24 ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 25 - 32 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 33 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Against this backdrop, Plaintiffs argue that in attempting to condition disbursement of funds in part on grounds not authorized by Congress, but rather on Executive Branch policy, Defendants are acting in violation of the Separation of Powers principle and "in excess of statutory jurisdiction, authority, or limitations, or short of statutory right." 5 U.S.C. § 706(2)(B), (C). Plaintiffs argue that neither the Homeless Assistance Act nor any other statute authorizing the grants at issue confers on Defendants the kind of authority they are attempting to assert. For the reasons explained below, the Court agrees. (it) The New HUD Funding Conditions Plaintiffs contend that the contested conditions must be set aside because there is no legislation that "authorizes HUD to impose conditions on CoC grant funding related to prohibiting all forms of DEI policies and initiatives, promoting aggressive and lawless immigration enforcement, requiring exclusion of transgender people, or cutting off access to information about lawful abortions." Amend. Compl., ¶ 300. In response, Defendants do not dispute that such authorization is required, but fail to identify a statutory source conferring it. Instead, they refer to several agency regulations for the proposition that Defendants "may terminate their grants merely based on a change in policy priorities." Defs.' Opp. at 27 (citing 2 C.F.R. § 200.340(a)(4)). As Plaintiffs point out, however, an agency regulation cannot create statutory authority; only Congress can do that. Whatever actions HUD chooses to take based on a change in its policy priorities must still be rooted in a congressional delegation of authority, a limitation that the cited regulation itself makes clear. See 2 C.F.R. § 200.340(a)(4) (award may be terminated if it "no longer effectuates the program goals or agency priorities," but only "to the extent authorized by law."). ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 33 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 34 of 49 3 4 5 6 10 11 12 13 14 15 16 17 18 19 0 21 22 23 24 25 Defendants do not and reasonably could not argue that any of the new funding conditions were explicitly authorized by the Homeless Assistance Act. That legislation does outline several conditions that grant recipients must agree to. These enumerated conditions require recipients, among other things, "to monitor and report to the Secretary the progress of the project"; "to ensure . . . that individuals and families experiencing homelessness are involved" in the project; and to "monitor and report" the receipt of any matching funds. 42 U.S.C. § 11386(b). But the Homeless Assistance Act does not make direct (or even indirect) reference to any of the new conditions Plaintiffs are challenging in this case. While the Act includes a limited "catchall" provision, which allows HUD to impose "such other terms and conditions as the Secretary may establish to carry out this part in an effective and efficient manner," Defendants have not argued that this provision confers the authority to impose the conditions at issue here. Applying basic rules of statutory interpretation, the Court concludes in any event it does not. Under the canon ejusdem generis, or "of the same kind," "[w]here general words follow specific words in a statutory enumeration, the general words are construed to embrace only objects similar in nature to those objects enumerated by the preceding specific words." Cir. City Stores, Inc. v. Adams, 532 U.S. 105, 114-15 (2001). Substantive conditions implicating controversial policy matters that are unrelated to the authorizing statute, such as prohibitions on DEI initiatives and "promot[ing] elective abortion," are simply not "of the same kind" as conditions that require recipients to monitor and report the progress of their program. Moreover, Defendants have not even attempted to explain to this Court how the proposed funding conditions might actually fall within this catchall provision —how they would, in other words, support the Secretary in carrying out the CoC program "in an effective and efficient manner." ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 34 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 35 of 49 Given the stated objectives of the Homeless Assistance Act, including to "meet the critically urgent needs of the homeless of the Nation," and "to assist the homeless, with special emphasis on elderly persons, handicapped persons, families with children, Native Americans, and veterans," the Court is skeptical that Defendants would be convincingly able to do so. 42 U.S.C. § 11301(b). The Court concludes that Plaintiffs are likely to prevail in their claim that in attempting 6 to impose the new funding conditions on recipients of the CoC funds, Defendants have run afoul '7 of the Separation of Powers doctrine, and were acting in excess of statutory authority, and that under the APA, those conditions must be set aside. (iii) The New DOT Funding Conditions 10 11 12 13 14 15 1(1 1°7 18 19 20 21 22 23 24 25 Defendants' attempts to identify statutory authority for imposing the contested conditions on the DOT grants administered through FTA, FHWA, FAA, and FRA suffer from similar deficiencies. As noted above with respect to the new funding conditions in the CoC Grant Agreements, agency regulations cannot create or confer statutory authority, and the DOT Defendants' attempt to rely on them also fails. Nor have Defendants identified any statutory authority for imposing the new DOT funding conditions. Plaintiffs have identified the statutory sources of the various DOT grant funds at issue in this case, and while many of those statutes contain explicit conditional prescriptions, none of those prescriptions relate to the conditions challenged here. See Amend. Compl.,¶J 85-120. The statute authorizing FTA's Urban Area Formula Grants, for example, imposes a number of conditions on grant recipients, providing that they will not be eligible to receive funding for a program unless, among other things, they "have the legal, financial, and technical capacity to carry out the program," and "have satisfactory continuing control over the use of equipment and ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 35 4 5 10 I I 12 13 14 15 16 17 18 19 20 21 22 23 24 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 36 of 49 facilities." 49 U.S.C. § 5307(c)(1)(A)—(B). In another similar example, the statute authorizing the FHWA's Bridge Investment Program provides financial assistance for improving the condition of the nation's bridges. That statute directs DOT to consider, among other factors, "the average daily person and freight throughput supported by the eligible project," "the extent to which the eligible project demonstrates cost savings by bundling multiple bridge projects," and "geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities." 23 U.S.C. § 124(c)(5)(A); see also § 124(g)(4)(B) (authorizing grants only for projects that generate "safety benefits, including the reduction of accidents and related costs," "national or regional economic benefits," and "environmental benefits, including wildlife connectivity"). Defendants have not claimed that any of the DOT grant -authorizing statutes explicitly, or even implicitly, relate even remotely to the newly imposed DOT funding conditions. The only statute Defendants cite in support of DOT's claimed statutory authority is 49 U.S.C. § 5334. That section authorizes the Secretary of Transportation to "prescribe terms for a project that receives Federal financial assistance under this chapter," and "include in an agreement or instrument under this chapter a covenant or term the Secretary of Transportation considers necessary to carry out this chapter." 49 U.S.C. § 5334(a)(1),(9). These provisions do not carry the weight Defendants suggest they do. First, they are contained in a section titled "Administrative provisions," clearly signaling a limit on what kind of authority is being delegated: to wit, authority to administer the programs, not to inject substantive policies into them. This is particularly true in this case given that the challenged conditions not only are unrelated to the subject matter of the statutes at issue, but also reflect divisive and hotly debated policy choices. Furthermore, as with the proposed CoC funding conditions, these seemingly broad delegations of ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 25 - 36 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 37 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 authority must be interpreted under the ejusdem generis canon of construction. The specifically enumerated authority outlined in Section 5334 includes such "administrative provisions" as granting the Secretary authority to "sue and be sued," to "foreclose on property," and to "collect fees to cover the costs of training." Id § 5334 (a)(2),(3),(10). The seemingly broad authority that follows —to "prescribe terms for a project" —on which Defendants rely in imposing their conditions must be read in the limiting context of these specific grants of authority that precede it. Properly read, the statute does not confer the unbounded discretion that Defendants claim and indeed, require. And again, Defendants have not even attempted to explain how the conditions challenged here might be "necessary" to carry out the DOT grant programs —for example, how requiring grant recipients to certify that they do not "operate any programs promoting diversity, equity, and inclusion (DEI) initiatives," might be necessary to carry out the "development and revitalization" of the nation's "public transportation systems." 49 U.S.C. § 5301. Accordingly, the Court concludes that Plaintiffs are likely to prevail on their claim that in attempting to impose on Plaintiffs the conditions in the Master Agreement, Defendants have acted in a manner that violates the Separation of Powers doctrine and exceeds statutory authority, and that under the APA those conditions must be set aside. b. Defendants' Actions Were "Arbitrary and Capricious," 5 U.S.C. § 706(2)(A) (Count 5) Plaintiffs have also asserted that the funding conditions must be set aside as "arbitrary" and "capricious." 5 U.S.C. § 706(2)(A); Amend. Compl., ¶J 276-90. The APA requires agencies to engage in "reasoned decisionmaking," and their actions must be "reasonable and reasonably explained." Michigan v. EPA, 576 U.S. 743, 750 (2015); Ohio v. EPA, 603 U.S. 279, 292 (2024) (cleaned up). An agency must offer "a satisfactory explanation for its action," and cannot rely on ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 37 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 38 of 49 12 14 15 16 17 18 19 20 21 22 23 24 "factors which Congress has not intended it to consider." Motor Vehicle Mfrs. Ass'n of US., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43 (1983). Plaintiffs maintain that Defendants have not followed these prescriptions, and have failed to provide reasonable explanations for any of the new funding conditions. The Court concludes that Defendants have failed to demonstrate that the new funding conditions were the result of "reasoned decisionmaking," let alone have been "reasonably explained." In fact, they have not been explained at all. The CoC Program Grant Agreements and the new DOT agreements proffer no explanation for adoption of the new conditions. Several of the conditions make reference to certain Executive Orders. See, e.g., Abortion Condition, Marshall Decl., Ex. B (providing grant recipient "shall not use any Grant Funds to fund or promote elective abortions, as required by E.O. 14182"). But rote incorporation of executive orders —especially ones involving politically charged policy matters that are the subject of intense disagreement and bear no substantive relation to the agency's underlying action —does not constitute "reasoned decisionmaking." For this reason, the Court concludes that Plaintiffs are likely to succeed on the merits of their claim that Defendants' insistence on the new funding conditions was arbitrary and capricious, which is independent grounds for setting aside those conditions.19 19 Plaintiffs have asserted several other claims both under the APA and under the Constitution. See Compl., Till 116- 95. The Court does not reach all claims at this stage, in part because "[t]he Court need only find that Plaintiffs are likely to succeed on one of [their] claims for [the likelihood -of -success] factor to weigh in favor of a preliminary injunction," and a ruling on Plaintiffs' additional claims would not affect the relief afforded. Aids Vaccine Advoc. Coal. v. United States Dep't of State, No. CV 25-00400 (AHA), 2025 WL 752378, at *7 (D.D.C. Mar. 10, 2025). Furthermore, the Court adheres to the "fundamental and longstanding principle ofjudicial restraint" that requires courts to "avoid reaching constitutional questions in advance of the necessity of deciding them." Al Otro Lado v. Exec. Off for Immigr. Rev., No. 22-55988, 2024 WL 5692756, at *14 (9th Cir. May 14, 2025) (vacating district court's "entry ofjudgment for Plaintiffs on the constitutional due process claim" where judgment was granted in Plaintiffs' favor on APA claim) (citing Lyng v. Nw. Indian Cemetery Protective Ass 'n, 485 U.S. 439, 445 (1988)); ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 25 - 38 4 10 11 12 13 14 15 16 17 18 19 20 22 23 24 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 39 of 49 3. Irreparable Injury A plaintiff seeking a preliminary injunction must establish that it is likely to suffer irreparable harm in the absence of preliminary relief. Winter, 555 U.S. at 20. Such harm "is traditionally defined as harm for which there is no adequate legal remedy, such as an award of damages." Arizona Dream Act Coal. v. Brewer, 757 F.3d 1053, 1068 (9th Cir. 2014) (citing Rent— A—Ctr., Inc. v. Canyon Television & Appliance Rental, Inc., 944 F.2d 597, 603 (9th Cir.1991)). Plaintiffs here have alleged several forms of irreparable harm that are either presently occurring, or are likely to occur, in the absence of injunctive relief. They are facing a choice between two untenable options; as this Court has already determined, "Defendants have put Plaintiffs in the position of having to choose between accepting conditions that they believe are unconstitutional, and risking the loss of hundreds of millions of dollars in federal grant funding, including funding that they have already budgeted and are committed to spending." TRO Order at 3; see San Francisco Unified Sch. Dist. v. AmeriCorps, No. 25-CV-02425-EMC, 2025 WL 974298, at *4 (N.D. Ca1. Mar. 31, 2025) ("[H]aving to decide between two losing options constitutes irreparable injury because "very real penalty attaches to [Plaintiffs] regardless of how they proceed."). On the one hand, being forced to accept conditions that are contrary either to statute or to the Constitution (or both) is a constitutional injury, and constitutional injuries are see also Washington v. Trump, 441 F. Supp. 3d 1101, 1125 (W.D. Wash. 2020) ("[A] court should not reach a constitutional question if there is some other ground upon which to dispose of the case. Given that this Court has already determined that Defendants' [action] violates the APA and, therefore, can dispose of the case on that basis, the Court exercises restraint and declines to reach the constitutional claims raised by Washington.") (cleaned up, citing Nw. Austin Mun. Util. Dist. No. One v. Holder, 557 U.S. 193, 205 (2009); Harmon v. Brucker, 355 U.S. 579, 581 (1958)). Because Plaintiffs are likely to prevail on Counts 5, 6 and 7 of their Amended Complaint —that the challenged actions were arbitrary and capricious, contrary to the constitutional Separation of Powers doctrine, and in excess of Defendants' statutory authority, and must therefore be set aside under the APA—the Court's inquiry into the likelihood -of -success factor is at an end. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 25 - 39 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 40 of 49 4 "unquestionably" irreparable. Hernandez v. Sessions, 872 F.3d 976,994 (9th Cir. 2017) ("It is well established that the deprivation of constitutional rights unquestionably constitutes irreparable injury."); Cnty. of Santa Clara v. Trump, 250 F. Supp. 3d 497,537-38 (N.D. Cal. 2017) ("[B]eing forced to comply with an unconstitutional law or else face financial injury" constitutes a constitutional injury) (citing Am. Trucking Ass 'ns, Inc. v. City of Los Angeles, 559 F.3d 1046, 1058-59 (9th Cir. 2009) (plaintiffs were injured where they were faced with the choice of signing unconstitutional agreements or facing a loss of customer goodwill and significant business.)). Defendants argue that Plaintiffs have failed to demonstrate that the new funding conditions would in fact deprive Plaintiffs of their constitutional rights, arguing that at least some of the conditions 10 are not on their face illegal. Defs.' Opp. at 29. This contention ignores the Court's conclusion 11 that, as outlined at some length above, Plaintiffs are likely to succeed in demonstrating that the 12 new funding conditions were imposed in violation of the APA, and are contrary to the 13 Constitution's Separation of Powers doctrine. See supra, § IV.B.2.; Santa Clara, 250 F. Supp. 3d 14 at 538 ("[E]ven where the constitutional injury is structural," e.g. a violation of the Separation of 15 Powers doctrine, "the constitutional violation alone, coupled with the damages incurred, can 16 suffice to show irreparable harm.") (quoting Am. Trucking, 559 F.3d at 1058-59). 17 On the other hand, avoiding the constitutional offense by refusing to agree to the new 18 funding conditions may very well result in the loss of access to promised grant funds. And indeed, 19 Defendants have not denied that Plaintiffs would be assuming this risk by not signing the 20 agreements. They merely complain that Plaintiffs have not provided details as to when exactly 21 that loss will occur. But this argument misses the point. It is this looming risk itself that is the 22 injury, and one that Plaintiffs are already suffering. Courts evaluating similar circumstances have 23 ORDER GRANTING PLAINTIFFS' 24 MOTIONS FOR PRELIMINARY INJUNCTION 25 - 40 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 41 of 49 recognized that this injury of acute budgetary uncertainty is irreparable; "[w]ithout clarification regarding the Order's scope or legality, the Counties will be obligated to take steps to mitigate the risk of losing millions of dollars in federal funding, which will include placing funds in reserve and making cuts to services. These mitigating steps will cause the Counties irreparable harm." Santa Clara, 250 F. Supp. 3d at 537 ("The threat of the Order and the uncertainty it is causing impermissibly interferes with the Counties' ability to operate, to provide key services, to plan for the future, and to budget. The Counties have established that, absent an injunction, they are likely to suffer irreparable harm.") (citing United States v. North Carolina, 192 F.Supp.3d 620,629 (M.D.N.C. 2016)). While a preliminary injunction will not eliminate these risks entirely, Plaintiffs have demonstrated it will at least mitigate them pending resolution of this case on its merits. Furthermore, Plaintiffs have submitted substantive and detailed evidence illustrating the ways in which a loss of grant funds would be devastating and irreparable, if these risks in fact materialize. With respect to the HUD Plaintiffs, the resulting irreparable injuries would be both to Plaintiffs and their operations, and to the vulnerable populations they serve. See, e.g., Marshall Decl., 11117-21 (King County) ([T]he loss of [CoC] funding would negatively impact King County because King County has already begun the contracting process with service providers in reliance on receiving the CoC funds. . . . It is important to remember that the key focus in this work is keeping people in housing. In order to do that, it is imperative that housing providers, with whom King County contracts, receive the funds necessary to support the housing. 2144 households in King County will be impacted by the loss of CoC funds."); Dillon Decl., ¶IJ 12-14 (Boston) ("Without CoC funds, the approximately 2,000 households served would lose assistance that is integral to their ability to maintain stable housing, most likely leading to evictions and ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 25 - 41 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 42 of 49 homelessness."); Semonoff Decl., ¶ 31 (Cambridge) ("Without grant funding to support the CoC projects, over 200 individuals currently enrolled in CoC . .. projects would potentially lose their housing and access to critical supportive services. The loss of supportive housing capacity would further strain the City's emergency shelter system, resulting in longer durations of homelessness and reduced exits to stable housing."); McSpadden Decl., irj 16-19 (San Francisco) ("Without CoC funding, close to 2,000 program participants will lose their housing subsidies and services and will be at risk of imminent evictions. These individuals and families may slip back into 8 homelessness, which would be profoundly detrimental. Rehousing these individuals and families 9 will come with enormous challenges and costs, adding to the homelessness crisis in San 10 Francisco."). The administration's attempt to compel Plaintiffs' compliance with unrelated policy 11 objectives by leveraging the needs of our most vulnerable fellow human beings is breathtaking in 12 its callousness. Defendants' argument that these harms are not irreparable is simply wrong. 13 The harms threatening the DOT Plaintiffs are also demonstrably irreparable. While 14 perhaps emotionally less compelling than injury to the homeless and the local agencies who serve 15 them, injury to the continued operation of the nation's transportation projects can hardly be 16 considered less important. One need not conjure the most extreme cases of bridges collapsing and 17 train derailments to understand instinctively that maintaining the health of the systems by which 18 this nation —its goods and its people —get from one place to another safely, efficiently, and 19 predictably, is critical. Plaintiffs have submitted evidence supporting their contention that "loss of 20 DOT funding would force Plaintiffs to substantially curtail existing and planned transportation 21 safety and other improvements and operations." Pls. Sec. Mot at 13 (citing, inter alia, Franklin- 22 Hodge Decl. (Boston) ("The unpredictability injected into these complex road -safety projects 23 ORDER GRANTING PLAINTIFFS' 24 MOTIONS FOR PRELIMINARY INJUNCTION 25 - 42 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 43 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 through new grant terms hinders the City of Boston's ability to complete such projects. Specifically, the City is unable to provide stability to its partners in this work, including vendors and other governmental entities."); Davis Decl.,1122 (Chicago) ("The loss of the pending and expected DOT grant funds will cause severe hardship for [the Chicago Department of Transportation] and its ability to maintain Chicago's roadways and transportation systems safely. CDOT relies on DOT for a large portion of its budget and Chicago uses the funds to repair and expand bridges and roadways to prevent accidents, to make pedestrian walkways safer and more accessible, and to update outdated transit stations. These funds are critical to Chicago's ability to Implement and maintain safe and effective means of transportation for millions of Chicagoans and its annual visitors.")); see also Morrison Decl., If 12 (King County) ("Given the amount of money at stake, it is almost impossible to overstate how important these FTA grant programs are to Metro's ongoing transit operations.. .. Given the range and depth of Metro transit operations that are funded by these four FTA grant programs, it is plain that those FTA grant funds are absolutely mission -critical to Metro's existing and planned transit operations. To be clear, the scope and scale of Metro's existing and near -future planned transit operations would almost certainly have to be substantially curtailed, and some elements likely entirely abandoned, if any substantial portion of this FTA grant funding were to be withheld or eliminated. As of the date of this declaration, I know of no other existing or proposed funding source that could replace FTA's grant funds. . To put it plainly, without FTA grant funds, Metro's service network would likely have to be cut back in ways that could significantly reduce mobility options for a large portion of King County's population while potentially increasing traffic congestion and slowing the movement of freight and goods across our region."). ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 43 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 44 of 49 Plaintiffs have provided substantial evidence demonstrating that these likely harms are not, as Defendants suggest, merely monetary in nature. Adequate financial compensation for hundreds of shelter -unstable families losing access to housing does not exist; the same must be said of the incalculable effects of forcing unforeseen reductions in transportation spending. Homeless assistance and transit grants are essential tools in addressing these urgent community needs. Congress has consistently affirmed their importance by repeatedly authorizing these grants, underscoring the federal government's vital role in supporting local governments as they confront the challenges of homelessness and maintenance of critical transportation infrastructure. The Court concludes that the harms Plaintiffs have alleged are quintessentially irreparable in nature, 10 and can be avoided only by entry of the requested injunction. 12 13 14 15 16 17 18 9 20 21 22 23 24 25 4. The Balance of Equities Weighs in Plaintiffs' Favor In deciding whether to grant an injunction, "courts must balance the competing claims of injury and must consider the effect on each party of the granting or withholding of the requested relief." Disney Enters, 869 F.3d at 866 (quoting Winter, 555 U.S. at 24). Courts "explore the relative harms to applicant and respondent, as well as the interests of the public at large." Barnes v. E-Sys., Inc. Grp. Hosp. Med. & Surgical Ins. Plan, 501 U.S. 1301, 1305 (1991) (internal quotation marks and citation omitted). Where the government is a party, the balance of equities and public interest factors merge. Drakes Bay Oyster Co. v. Jewell, 747 F.3d 1073, 1092 (9th Cir. 2014) (citing Nken v. Holder, 556 U.S. 418, 435 (2009)). Based on the Court's conclusions discussed above, the Court finds that the balance of equities tips sharply in Plaintiffs' favor. Defendants' argument to the contrary hinges on their position that "Plaintiffs could be compensated for any lost money after a ruling on the merits." ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 45 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Defs.' Opp. at 32. The Court has already squarely rejected this contention in discussing the irreparable harm Plaintiffs are likely to suffer in the absence of an injunction. See supra, § IV.B.3. Moreover, Defendants have not posited any anticipated (let alone likely) non -monetary harm they will experience if an injunction were to issue, stating only that the "federal government maintains an interest in ensuring that its funds are spent pursuant to the conditions it attaches to those federal dollars." Defs.' Opp. at 29. Of course, Defendants do not have a legitimate interest in ensuring that funds are spent pursuant to conditions that were likely imposed in violation of the APA and/or the Constitution. See Valle del Sol Inc. v. Whiting, 732 F.3d 1006, 1029 (9th Cir. 2013) (there is no legitimate government interest in violating federal law). For the reasons outlined above, the irreparable harms Plaintiffs face in the absence of an injunction tip the balance of equities sharply in their favor. C. The Court Denies Defendants' Request for a Bond and Request to Stay Defendants request that if this Court grants Plaintiffs' motions for a preliminary injunction, the Court require Plaintiffs to post a bond for the value of the specific grants subject to the injunction and stay the injunction pending "a determination by the Solicitor General whether to appeal and, if appeal is authorized, pending any appeal." Defs.' Opp. at 33. Federal Rule of Civil Procedure 65(c) states that courts "may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained." Fed. R. Civ. P. 65(c). "Despite the seemingly mandatory language, Rule 65(c) invests the district court with discretion as to the amount of security required, if any." Johnson v. Couturier, 572 F.3d 1067, 1086 (9th Cir. 2009) (citations and internal quotation marks omitted). ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 45 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 46 of 49 "In particular, the district court may dispense with the filing of a bond when it concludes there is no realistic likelihood of harm to the defendant from enjoining his or her conduct." Id. (cleaned p). Defendants have not argued, let alone demonstrated, that they will suffer any material harm from the injunction the Court issues today. Nor have Defendants met the standard for a stay. See, e.g., Maryland v. Dep't of Agriculture, JKB-25-0748, 2025 WL 800216, at *26 (D. Md. Mar. 13, 2025) ("It is generally logically inconsistent for a court to issue a TRO or preliminary injunction and then stay that order, as the findings on which those decisions are premised are almost perfect opposites."). Therefore, the Court denies Defendants' requests for a bond and to stay the injunction. V. CONCLUSION For the foregoing reasons: 1. Plaintiffs' Motion for Preliminary Injunction is GRANTED; 2. Plaintiffs' Second Motion for Preliminary Injunction is GRANTED; 3. HUD and its officers, agents, servants, employees, and attorneys, and any other persons who are in active concert or participation with them (collectively "Enjoined HUD Parties"), are enjoined from (1) imposing or enforcing the CoC Grant Conditions, as defined in the Motions, or any materially similar terms or conditions with respect to any CoC funds awarded to the HUD Plaintiffs or members of their Continuums; (2) as to the HUD Plaintiffs, rescinding, withholding, cancelling, or otherwise not processing any CoC Agreements, or pausing, freezing, impeding, blocking, cancelling, terminating, delaying, withholding, or conditioning CoC funds, based on such terms or conditions, including without limitation failing or refusing to process and otherwise Implement grants signed with changes or other objection to conditions enjoined by this ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION 46 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 47 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER GRANTING PLAINTIFFS' 24 MOTIONS FOR PRELIMINARY INJUNCTION 25 - 47 preliminary injunction; (3) requiring the HUD Plaintiffs to make any "certification" or other representation related to compliance with such terms or conditions; or (4) refusing to issue, process, or sign CoC Agreements based on HUD Plaintiffs' participation in this lawsuit; 4. The Enjoined HUD Parties shall immediately treat any actions taken to implement or enforce the CoC Grant Conditions or any materially similar terms or conditions as to the HUD Plaintiffs or their Continuums, including any delays or withholding of funds based on such conditions, as null, void, and rescinded; shall treat as null and void any such conditions included in any grant agreement executed by any Plaintiff or member of a Plaintiff Continuum while this PI or the previous TROs are in effect; and may not retroactively apply such conditions to grant agreements during the effective period of this PI or the previous TROs. The Enjoined HUD Parties shall immediately take every step necessary to effectuate this order, including clearing any administrative, operational, or technical hurdles to implementation; 5. DOT, the DOT OAs, and their officers, agents, servants, employees, and attorneys, and any other persons who are in active concert or participation with them (collectively "Enjoined DOT Parties"), are enjoined from (1) imposing or enforcing the DOT Grant Conditions, as defined in the Motions, or any materially similar terms or conditions to any DOT funds awarded, directly or indirectly, to the DOT Plaintiffs or their subrecipients; (2) as to the DOT Plaintiffs or their subrecipients, rescinding, withholding, cancelling, or otherwise not processing the DOT grant awards, or pausing, freezing, impeding, blocking, canceling, terminating, delaying, withholding, or conditioning DOT funds, based on such terms or conditions, including without limitation failing or refusing to process and otherwise implement grants signed with changes or other objection to conditions enjoined by this preliminary injunction; (3) requiring the DOT Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 48 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Plaintiffs or their subrecipients to make any "certification" or other representation related to compliance with such terms or conditions; or (4) refusing to issue, process, or sign grant agreements based on DOT Plaintiffs' participation in this lawsuit; 6. The Enjoined DOT Parties shall immediately treat any actions taken to implement or enforce the DOT Grant Conditions or any materially similar terms or conditions as to DOT funds awarded, directly or indirectly, to the DOT Plaintiffs or their subrecipients, including any delays or withholding of funds based on such conditions, as null, void, and rescinded; shall treat as null and void any such conditions included in any grant agreement executed by any DOT Plaintiff or subrecipient while this PI or the previous TROs are in effect; and may not retroactively apply such conditions to grant agreements during the effective period of this PI or the previous TROs. The Enjoined DOT Parties shall immediately take every step necessary to effectuate this order, including clearing any administrative, operational, or technical hurdles to implementation; 7. Defendants' counsel shall provide written notice of this Order to all Defendants and their employees by the end of the second day after issuance of this Order; 8. By the end of the second day after issuance of this Order, the Defendants SHALL FILE on the Court's electronic docket and serve upon Plaintiffs a Status Report documenting the actions that they have taken to comply with this Order, including a copy of the notice and an explanation as to whom the notice was sent; // // // // ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 48 Case 2:25-cv-00814-BJR Document 169 Filed 06/03/25 Page 49 of 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9. This order remains in effect pending further orders from this Court. It is so ordered this 3rd day of June, 2025. ORDER GRANTING PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION - 49 Barbara Jaco s Rothstein U.S. District Court Judge