Regulatory Alert: White House Releases Bipartisan Infrastructure Law Guidebook
January 31, 2022
This morning, the Biden Administration released a Bipartisan Infrastructure Law Guidebook that provides the latest guidance for state, local, Tribal, and territorial governments on more than 375 programs included in the Bipartisan Infrastructure Law (BIL), including the three major programs being administered by the Federal Aviation Administration (FAA) to upgrade and improve airport and air traffic infrastructure. While the guidance does not provide instructions for airports on how to access their share of grant funds, the document reinforces several high-level, key points regarding expected timelines and how airports can prepare in advance to ensure they can begin using BIL funds as soon as possible. The information is consistent with discussions that AAAE has had with FAA and the Administration in recent weeks. 
Overview of Airport/Aviation BIL Programs. The Guidebook provides a comprehensive overview of all three programs pertaining to airports and the aviation community: (1) the Airport Infrastructure Grant program, which provides $15 billion ($3 billion annually) via formula grants to commercial service and general aviation airports to support a broad array of airport development projects; (2) the Airport Terminal Program, which provides $5 billion ($1 billion annually) to airports via discretionary grants for eligible terminal projects; and (3) FAA Facilities and Equipment (F&E) funding, which provides FAA with $5 billion ($1 billion annually) to address the physical condition of FAA's air traffic control (ATC) facilities, including reducing the sustainment backlog and replacing these facilities. 
We have previously provided an overview of these programs, including in our November 15 Airport Alert, but the Guidebook is a good resource for the three programs as well. 
FAA BIL Implementation Timelines. In the Guidebook, the Administration outlined several key “milestones“ for the two major grant programs for airports: 
• Airport Infrastructure Grant Program. In May, FAA is expected to: (1) issue implementation guidance and begin issuing grants for specific projects based on the FY22 airport allocations announced on December 16, 2021; and (2) issue a Notice of Funding Opportunity on how to apply for a competitive grant from the $20 million that will be made available in FY22 for airports participating in the FAA Contract Tower Program with a sponsor-owned ATC tower. 
• Airport Terminal Grant Program. In February, FAA is expected to issue a Notice of Funding Opportunity on how to apply for a competitive grant from the $1 billion that will be made available in FY22 for the program. 
Initial Airport Preparation. In the Guidebook, the Administration emphasized that airport operators should begin to identify what their primary airside and/or landside needs are and work with their local Airports District Office (ADO) to ensure all requirements to receive funding are met, such as an airport airspace analysis, updating the airport layout plan, or conducting any necessary environmental review. In our discussions with the FAA BIL Implementation Team, the agency has been emphasized that airports should ensure their Capital Improvement Plans (CIPs) are up to date and include all the projects that the airport would like to fund. 
Stakeholder Webinars. The Biden Administration will also be hosting webinars for stakeholders on the Guidebook and to help educate them on BIL implementation. The first webinar will be held on Wednesday, February 2, at 3 p.m. ET and you can register here. The second webinar will be held on Friday, February 4, at 9 a.m. ET and you can register here. Keep in mind that the Guidebook covers a significant number of BIL-related programs, and the webinars will likely cover many of them at a high level.  
This morning, the Biden Administration released a Bipartisan Infrastructure Law Guidebook that provides the latest guidance for state, local, Tribal, and territorial governments on more than 375 programs included in the Bipartisan Infrastructure Law (BIL), including the three major programs being administered by the Federal Aviation Administration (FAA) to upgrade and improve airport and air traffic infrastructure. While the guidance does not provide instructions for airports on how to access their share of grant funds, the document reinforces several high-level, key points regarding expected timelines and how airports can prepare in advance to ensure they can begin using BIL funds as soon as possible. The information is consistent with discussions that AAAE has had with FAA and the Administration in recent weeks. 
Overview of Airport/Aviation BIL Programs. The Guidebook provides a comprehensive overview of all three programs pertaining to airports and the aviation community: (1) the Airport Infrastructure Grant program, which provides $15 billion ($3 billion annually) via formula grants to commercial service and general aviation airports to support a broad array of airport development projects; (2) the Airport Terminal Program, which provides $5 billion ($1 billion annually) to airports via discretionary grants for eligible terminal projects; and (3) FAA Facilities and Equipment (F&E) funding, which provides FAA with $5 billion ($1 billion annually) to address the physical condition of FAA's air traffic control (ATC) facilities, including reducing the sustainment backlog and replacing these facilities. 
We have previously provided an overview of these programs, including in our November 15 Airport Alert, but the Guidebook is a good resource for the three programs as well. 
FAA BIL Implementation Timelines. In the Guidebook, the Administration outlined several key “milestones“ for the two major grant programs for airports: 
• Airport Infrastructure Grant Program. In May, FAA is expected to: (1) issue implementation guidance and begin issuing grants for specific projects based on the FY22 airport allocations announced on December 16, 2021; and (2) issue a Notice of Funding Opportunity on how to apply for a competitive grant from the $20 million that will be made available in FY22 for airports participating in the FAA Contract Tower Program with a sponsor-owned ATC tower. 
• Airport Terminal Grant Program. In February, FAA is expected to issue a Notice of Funding Opportunity on how to apply for a competitive grant from the $1 billion that will be made available in FY22 for the program. 
Initial Airport Preparation. In the Guidebook, the Administration emphasized that airport operators should begin to identify what their primary airside and/or landside needs are and work with their local Airports District Office (ADO) to ensure all requirements to receive funding are met, such as an airport airspace analysis, updating the airport layout plan, or conducting any necessary environmental review. In our discussions with the FAA BIL Implementation Team, the agency has been emphasized that airports should ensure their Capital Improvement Plans (CIPs) are up to date and include all the projects that the airport would like to fund. 
Stakeholder Webinars. The Biden Administration will also be hosting webinars for stakeholders on the Guidebook and to help educate them on BIL implementation. The first webinar will be held on Wednesday, February 2, at 3 p.m. ET and you can register here. The second webinar will be held on Friday, February 4, at 9 a.m. ET and you can register here. Keep in mind that the Guidebook covers a significant number of BIL-related programs, and the webinars will likely cover many of them at a high level.  
