49 U.S.C. 47107 conditions approval of qualifying airport grants on written assurances concerning airport operations. It addresses public availability, unjust discrimination, certain exclusive rights, and revenue use, among other obligations. The precise grant and assurance language matters. [1]
Rules that determine the answer
An airport sponsor accepting federal assistance may undertake obligations beyond ordinary local business rules. Airport revenue generally must be used for authorized airport or aviation-related purposes, subject to statutory exceptions. FAA administrative enforcement is different from a private damages lawsuit; a claimed breach does not automatically supply every requested remedy. [1] [2]
Reasonable classifications can justify some differences. A complete complaint should describe comparable users and the requested correction, and should follow the applicable FAA procedure rather than relying only on the section number.
What to check before taking the next step
- Identify the sponsor, grant agreement, assurance, and specific conduct at issue before submitting a complaint.
- Collect grant documents, lease terms, rate schedules, access requests, and revenue records.
A distinction that changes the result
Grant-assurance obligations can remain effective for different periods depending on the type of promise and property involved. Land-related obligations and other continuing restrictions should therefore be checked against the actual grant documents. An access dispute also needs a concrete comparison: availability, safety requirements, space limitations, financial terms, and the applicant’s willingness to accept substantially comparable obligations may matter. A complaint alleging an exclusive right should distinguish an impermissible grant from a situation in which only one provider happens to operate at the airport. [1] [2]
Practical example
An airport imposes materially different charges on similarly situated aeronautical users. The issue requires comparing the users, services, and contractual obligations rather than assuming any rate difference is discriminatory.
For related situations, see violence at international airports and commercial pilot certification after a felony.
Primary sources
Sources checked: October 31, 2026.