National Academies Press: OpenBook
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Suggested Citation:"APPENDIX A." National Academies of Sciences, Engineering, and Medicine. 2020. Permissible Uses of Airport Property and Revenue. Washington, DC: The National Academies Press. doi: 10.17226/26011.
Page 55

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Permissible Uses of Airport Property and Revenue Copyright National Academy of Sciences. All rights reserved. ACRP LRD 40 55 LIST OF ACRONYMS AAIA—Airport and Airway Improvement of 1970 ACIP—Air Carrier Incentive Program. See also ASIP. ACRP—Airport Cooperative Research Program ADAP—Airport Development Aid Program AIP—Airport Improvement Program AIPP—Airport Investment Partnership Program ALP—Airport Layout Plan APPP—Airport Privatization Pilot Program ASIP—Air Service Incentive Program. See also ACIP. C.F.R.—Code of Federal Regulations DBFOM—Design-Build-Finance-Operate-Maintain DOT or U.S. DOT—U.S. Department of Transportation FAA—Federal Aviation Administration FAAP—Federal Aid to Airport Program FBO—Fixed-Base Operator GA—General Aviation GAO—Government Accountability Office LRD—Legal Research Digest NEPA—National Environmental Policy Act NPIAS—National Plan of Integrated Airport Systems OIG—U.S. Department of Transportation Office of Inspector General P3—Public-Private Partnership PFC—Passenger Facility Charge TCRP—Transportation Cooperative Research Program ULCC—Ultra-low-cost carrier U.S.C.—United States Code APPENDIX A Template Interview Questionnaire 1. Please briefly introduce yourself and your involvement with use of airport revenue and property. 2. What are the primary sources of airport revenue for your airport(s)? In what manner have you acquired property for the airport(s)? 3. Have federal statutory and regulatory restrictions regard- ing the use of airport revenue presented any challenges? If so, why; if not, why not? 4. What have you found to be the biggest impediment to the development of airport property and the permissible use of airport revenue? 5. How do you assess whether a particular use of airport rev- enue or property is permissible? a. Are there any guidance materials, resources or tools that you find particularly helpful in assessing whether the use of airport revenue or property is permitted or prohibited? Thomas P. Thatcher, Transp. Research Bd., Airport Coop. Research Program, ACRP Report 44: A Guidebook for the Preservation of Public-Use Airports (2016). Timothy R. Karaskiewicz, Transp. Research Bd., Airport Coop. Research Program, Legal Research Digest 35: Legal Considerations in the Funding and Develop- ment of Intermodal Facilities at Airports (2018). William J. Estes, Transp. research Bd., Airport Coop. research Program, Permitted Airport Involvement in Economic Development Efforts (forthcoming). Other Research and Articles Andy Carlisle, Airport Business Resilience: Plan for Uncertainty and Prepare for Change, 9 Airport Mgmt. 118 (Winter 2014–15). Dan Reimer, The Law of Airline Subsidies and Incentives in the USA: Recent Developments and Future Outlook, 4 J. Airport Mgmt. 291 (2010). David Bannard, Will Ground Access Woes and Federal Rev- enue Restrictions Choke U.S. Airports?, 29 Air & Space Law., no. 2, 2016, publications/2016/07/will-ground-access-woes-and- federal-revenue-restri. Edgar Jimenez et al., The Airport Business in a Competitive Envi- ronment, 111 Procedia-Soc. & Behav. Sci. 947 (2014). Jens Newig & Oliver Fritsch, Paper Presentation at the American Political Science Association 2009 Annual Meeting in Toronto: The Case Survey Method and Appli- cations in Political Science (Sept. 3–6, 2009), https://www. Survey_Method_and_Applications_in_Political_Science. Kelly Yamanouchi, Hartsfield-Jackson to Strike Agreement with Airport Chaplaincy, Atlanta J.-Const. (Jan. 31, 2019), https:// with-airport-chaplaincy/ YOQGmzNER6Q4tvnvZ6ujRJ/. Megan S. Ryerson, Incentivize It and They Will Come? How Some of the Busiest U.S. Airports Are Building Air Service With Incentive Programs, 82 J. Am. Plan. Ass’n 303 (2016). Peter J. Kirsch, Stephen H. Kaplan & Adam M. Giuliano, Kaplan Kirsch & Rockwell LLP, P3 Airport Projects: An Introduction for Airport Lawyers (2017), https:// Projects_An_Introduction_for_Airport_Lawyers.pdf. Robert K. Yin, Applications of Case Study Research (3d ed. 2011). Steve Vockrodt & Bill Turque, FAA Rejects Use of Revenues from New KCI Terminal for Community Programs, Kan. City Star, article217247750.html (last updated Aug. 24, 2018). Vitaly S. Guzhva, Massoud Bazargan & David A. Byers, Deter- minants of Financial Health of US General Aviation Airports, 2 J. Airport Mgmt. 158 (2008). Webbin Wei & Geoffrey D. Gosling, Strategies for Collaborative Funding of Intermodal Airport Ground Access Projects, 32 J. Air Transp. Mgmt. 78 (2013).

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Understanding the permissible use of airport revenue is one of the most common legal issues faced by airport management. While there are some clear lines, there are several categories (such as utility fees) of potential expenditures of airport revenue that are not as clearly defined.

The TRB Airport Cooperative Research Program's ACRP Legal Research Digest 40: Permissible Uses of Airport Property and Revenue updates the background of economic and legal information presented in ACRP Legal Research Digest 2: Theory and Law of Airport Revenue Diversion. It focuses on the application of federal law and policy to specific categories of expenditures and uses and includes discussion of statutory law, policy, case law, and informal and formal guidance from the Federal Aviation Administration.


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