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Letter to the Hon. Daniel K. Elwell - Smith Urges FAA Action on Highline Amendment Guidance

Letter

Date: Dec. 20, 2018
Location: Washington, DC
Issues: Infrastructure

Dear Acting Administrator Elwell:

As you work to implement the John S. McCain National Defense Authorization Act for Fiscal Year 2019, I urge you to swiftly provide guidance related to implementation of Section 1044 of that Act, which clarifies the reimbursable allowed costs of FAA Memoranda of Agreement.

Section 1044 is a provision that affects seven public schools in the congressional district I represent. In 2002, the Highline School District entered into a Memorandum of Agreement (MOA) with the Federal Aviation Administration (FAA) and the Port of Seattle. This agreement was for noise mitigation at several schools in the Highline School District, which are located near the Seattle-Tacoma International Airport (Sea-Tac). Of the fifteen schools identified in the original agreement, eight have already been funded.

Due to changing noise contours and delayed construction by the school district, the FAA raised questions about the continued eligibility of the remaining seven schools, putting at risk critical federal and Port funding at a time when the Highline School District had passed a bond levy and began construction at two of the schools.

Section 1044 was negotiated on a bipartisan, bicameral basis to help resolve this issue and provide Highline School District with the critical funding eligibility needed to foster a safe and healthy learning environment for the students of those schools. In order for the Port of Seattle and Highline High School District to apply for the remaining AIP funding needed to begin construction at these two schools, guidance by the FAA must be issued.

I encourage the agency to act quickly on the direction from Congress and provide guidance pursuant to the implementation of Section 1044 of the FY 2019 NDAA, so that the Port of Seattle and Highline School District may apply for the funding that was agreed to in the 2002 MOA.

Thank you very much for your consideration on this matter.

Sincerely,

Adam Smith

Member of Congress


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