Governor and Executive Council Agenda item PDF - 2026-03-25 - agenda 8

Meeting Date

2026-03-25

Attachment Kind Label

Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

8

Agency Names

Department Of Transportation

Parent Meeting Title

Governor and Executive Council meeting - 2026-03-25

o

~ T

THE STA IE OF NEW HAMPSHIRE

DEPARTMENT OF TRANSPORTA TION

8Department of Transportation

William Cass, P.E.

Commissioner

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

State House

Concord, New Hampshire 03301

mar 2 5 2026 David Rodrigue, P.E.

Assistant Commissioner

Michelle L. Winters

Deputy Commissioner

Bureau of Aeronautics

January 29, 2026

REQUESTED ACTION

Authorize the Department of Transportation to accept and expend grant revenue in the amount of $43,950 in

FY26 from the Federal Aviation Administration to cover eligible administrative costs upon the date of Governor

and Council approval through June 30, 2029. 100% Federal Funds.

From: 04-096-096-964010-2107 Aeronautics $43,950

Current Requested Revised

04-096-096-964010-2107 Budget Change Budget

Aeronautics FY2026 FY2026

Revenue:

000-409151 Federal Funds $581,071 $43,950 $625,021

004-408189 Ascncy Income 167,135 0 167,135

009-407571 Agency Income 250,000 0 250,000

000-000010 General Funds 1,386,947 0 1,386,947

Total 82,385,153 843,950 82,429,103

Expenses:

010 500100 Personal Services-Perm $596,001 $0 $596,001

011 500126 Personal Services-Unclassified 124,023 0 124,023

017 500147 FT Employees special Payments 2,200 0 2,200

018 500106 Overtime 69,194 40,588 109,782

019 500105 Holiday Pay 400 0 400

020 500200 Current Expense 23,791 0 23,791

022 500255 Rents-Leases Other than State 5,700 0 5,700

023 500291 Flcat Electricity Water 1,200 0 1,200

024 500225 Maint Other than Build-Gm 4,907 0 4,907

026 500251 Organizational Dues 10.500 0 10,500

029 500290 Intra-Agency Transfers 138,445 0 138,445

030 500311 Equipment New Replacement 361,717 0 361,717

037 500173 Technologv-Hardware 8,939 0 8,939

038 500175 Technology-Software 25,093 0 25,093

039 500180 Telecommunications 23,956 0 23,956

040 501587 Indirect Costs 111,050 0 111,050

050 500109 Personal Services-Temp 70,198 0 70,198

057 500534 Book. Periodical, Subscription 500 0 500

060 500601 Benefits 388,194 3,362 391,556

065 500541 Board Expenses 500 0 500

066 500543 Employee Training 900 0 900

070 500704 In-State Travel Reimbursement 1,100 0 1,100

073 509074 Grants-Non Federal 350,000 0 350,000

080 500710 Out of State Travel Reimbursement 6,050 0 6,050

JOHN O. MORTON BUILDING • 7 HAZEN DRIVE • P.O. BOX 483 • CONCORD, NEW HAMPSHIRE 03302-0483

TELEPHONE: f603^ 271-3734 • FAX: (603) 271-3914 • TDD: RELAY NH 1-800-735-2964 • DOT.NH.GOV

081 509081 Out of State Travel Reimbursement Federal 60,595 0 60,595

Total 82,385,153 843,950 82,429,103

EXPLANATION

The Department is eligible to receive an additional $43,950 from cooperative agreement (attached) with the

Federal Aviation Administration (FAA). The purpose of the cooperative agreement is to provide the State with

administrative funds for personnel, contracting, and other actual costs necessary to administer and oversee state

block grants provided in accordance with the Infrastructure Investment and Jobs Act, (IIJA) grant programs,

including the Airport Infrastructure Grant (AIG) program, the FAA Contract Tower (FCT) grant program, and the

Airport Terminal Program (ATP) grant program.

Prior to the 2020 pandemic, the Department, Bureau of Aeronautics (BOA), managed one major federal program

(Airport Improvement Program) to fund infrastructure improvement for airports in the state. Since that time, the

Department BOA has managed four additional federal airport programs, that include Coronavirus Aid, Relief, and

Economic Security Act (CARES), Coronavirus Response and Relief Supplemental Appropriations Act (CRSSA),

American Rescue Plan Act (ARPA) and now IIJA.

The FAA issued these administrative funds to offset the personnel and associated costs for administering the IIJA

program, that continued for 5-years (FFY 2022-2026). This is the last (2026) cooperative agreement with FAA.

The work associated with the IIJA program is expected to continue for another 4 years. The Department did not

increase the level of staff to manage the new FAA IIJA program. The expenditure funds below will be used for

overtime to offset other Bureau work that otherwise could not be addressed with the existing staff and current

available work hours due to the IIJA program responsibilities.

Aeronautics (2107)

Class 018 Overtime - Federal by $40,588 for offsetting costs for work not completed by the Bureau due to

the IIJA program responsibilities

Class 060 Benefits associated with the Overtime- $3,362

Your approval of this resolution is respectfully requested.

Sincerely,

William J. Cass, P.E.

Commissioner

WJC/tlsl

Enclosures: as stated

U.S: Deparhnent

of Tronsporfofon

Federal Aviation

Administration

FY 2026 COOPERATIVE AGREEMENT

CA-NH-ADMN-IIJA-2026-01

Between

STATE OF NEW HAMPSHIRE

and the FEDERAL AVIATION ADMINISTRATION

Cooperative Agreement Letter

The Federal Aviation Administration (FAA) hereby enters Into Cooperative Agreement No. CA-NH-ADIVIN-IIJA-2026-01

with; State of New Hampshire in accordance with the contributions designated in this document in Section III,

Contributions of the Parties. The total funded amount of this Agreement is: $43,950.00.

The purpose of this Cooperative Agreement is to provide State of New Hampshire with administrative funds for personnel,

contracting, and other costs necessary to administer and oversee state block grants provided in accordance with the

Infrastructure Investment and Jobs Act, herein referred to as the Infrastructure Investment and Jobs Act (lIJA) grant

programs, including the Airport Infrastructure Grant (AiG) program, the FAA Contract Tower (FCT) grant program, and

the Airport Terminal Program (ATP) grant program (hereinafter called "lIJA Grant Programs").

The Term of this Cooperative Agreement as stated in Section VI, Term and Termination, of this Agreement aligns with

the period of availability of the lIJA administrative funds. The ternis and conditions of this Cooperative Agreement are

described in the following pages. The State of New Hampshire and the FAA acknowledge acceptance of this Cooperative

Agreement and agree to abide by all of the terms and conditions set forth herein.

In WITNESS WHEREOF, the parties hereto affix their signatures as follows:

FY 2026 Cooperative Agreement | 1

U.S. DeportTteot

of TronspPftaf on

Federal Aviation

Administration

Office of Airport, lIJA

jeSse carriger (Qlj20l202e 18:55:21 CST)

Jesse Carriger, Manager, lIJA

FAA Contracting Officer

Curtis Fields (01/21/2026 08:18:46 EST)

Curtis Fields, Contracting Officer

01/20/2026

Date Date

State of New Hampshire

For State/Commonweaith

Michelle L ^intetsMichelle L. Winters (01/22/2026 12:45:16 EST)

Signature of Authorized Official

State of New Hampshire

For State/Commonweaith

ChrUHnAy WiUcM^Christina Wilson {01/23/2026 13:45:12 EST)

Signature of Council/Attorney

01/22/2026

Date

01/23/2026

Date

FY 2026 Cooperative Agreement | 2

U.S. Department

oT Tronspoftotion

Federal Aviotior)

Administration

Slate of New Hampshire

For State/Commonwealth

Sigr}ature of Authorized Official

Date

FY 2026 Cooperative Agreement | 3

QU.S. Departmenr

of Tfonsportotion

Federal Aviation

Administration

■.GENERAL PROVISIONS

A. Parties to the Agreement

The parties to this Cooperative Agreement (hereinafter the "Agreement") are as follows:

• The Federal Aviation Administration (FAA), an agency of the Department of Transportation, United States

Government,

State of New Hampshire, (hereinafter designated "the State"), an approved State Block Grant Program (SBGP)

participant that provides FAA airport development grant funds to covered airports as defined below in

accordance with 49 United States Code (U.S.C.) § 47128.

B. Effective Date

The effective date of this Agreement is the last date of signature on the foregoing Cooperative Agreement Letter.

This offer will expire, and the FAA will not be obligated to pay any part of the costs under this Agreement unless

this offer has been accepted by the State on or before April 30, 2026.

C. Authority

In accordance with the Infrastructure Investment and Jobs Act (P.L. 117-58) and Section 720(c) of the FAA

Reauthorization Act of 2024 (P.L. 118-63), give authority to the Secretary to distribute administrative funding to States

participating in the SBGP. 49 U.S. C. § 106(l)(6) and 49 U.S. C. § 106(m), permits the FAA Administrator to perform

these tasks through the use of cooperative agreements.

■■.DESCRIPTION OF STATE BLOCK GRANT PROGRAM AND PURPOSE OF ADMINISTRATIVE FUNDS

A. Background

In accordance with 49 U.S.C. § 47128 and the Infrastructure Investment and Jobs Act, herein referred to as the

Infrastructure Investment and Jobs Act (lIJA) (Public Law 117-58), the FAA has entered into a Memorandum of

Agreement (MOA) with the State to provide grant funds for airport planning, development, and noise program

implementation projects at designated non-primary airports in the State (covered airports) through the SBGP.

lIJA sets aside appropriations from these grant funds for funding for personnel, contracting and other costs to

administer and oversee grants. By providing administrative funding directly to the State to administer the SBGP on

behalf of the FAA for grants issued under the lIJA, the FAA will increase the efficiency of implementation and

oversight of the FAA grant funds provided through the lIJA for the Airport Infrastructure Grant (AIG) program, the

FAA Contract Tower (FCT) grant program, and the Airport Terminal Program (ATP) grant program (hereinafter called

"lIJA Grant Programs").

B. Objectives

The objectives of this Agreement are to:

(1) Provide funds to the State for personnel, contracting, and other costs to administer and oversee grants

provided under the lIJA Grant Programs.

(2) Support effective implementation, administration, and oversight of the lIJA Grant Programs for covered

airports.

(3) Implementation of the State's and covered airports' compliance with Federal obligations for the lIJA Grant

Programs.

FY 2026 Cooperative Agreement j 4

U.S. Deportment-

of Tran'sportotion

Federal Aviation

Administration

C. Scope

The State must implement, administer, and oversee the SBGP lIJA Grant Programs for the covered airports.

The State will use the funds provided to it by the FAA along with its own funds, as appropriate, to achieve the

foregoing objectives. The State must submit reimbursable cost requests to the FAA in accordance with the

following requirements:

(1) The costs must be incurred within the Term outlined in this Agreement;

(2) The costs must b)e derived from activities associated with the specific objectives outlined in this Agreement;

and

(3) The State must submit supporting documentation in a format prescribed by the FAA, no less than annually,

for review and reimbursement determinations.

Upon receipt of the appropriate documentation, the FAA will review the State's request for reimbursement and.

If approved, provide timely payment under the terms of this Agreement.

■ ■■.CONTRIBUTIONS OF THE PARTIES

The contributions of the parties to this Agreement are as follows:

A. FAA Contributions and Limitation of Funds

The FAA will provide cash contributions to the State in the amount of $43,950.00 out of the lIJA administrative

funds. Notwithstanding any other provisions herein, and unless expressly agreed in writing, the FAA's total cash

contribution shall in no event exceed this amount.

B. Reimbursement of Costs

These funds will serve to reimburse eligible and allowable costs as defined below. The parties agree the FAA

level of funding may not be, nor is it intended to be, sufficient to cover the full costs of administering the SBGP

as described in this Agreement.

In addition, while FAA funds may be used for the direct, general, and administrative expenses of accomplishing

the objectives of this Agreement, in no case shall these funds be used for payment of legal or other costs for

the State relating to the formation of this Agreement or any sub-agreements issued under AIG, ATP and/or FCT

grants.

Financial reporting for reimbursement and funding will be in accordance with Section IV, Required Submissions

to the FAA.

For administrative costs associated with lIJA Grant Programs for any fiscal year, reimbursement requests must

be submitted no later than June 30, 2029.

FY 2026 Cooperative Agreement | 5

U.S. Deportnnenr

of Tronsportotion

Federal Avialion

Administration

C. Eligible and Allowable Costs

The following costs are eligible and allowable for reimbursement under the Agreement provided proper

documentation is submitted to the FAA:

(1) Costs incurred to disburse grant funds to covered airports under the lIJA Grant Programs;

(2) Costs incurred for administrative activities related to the implementation, administration, and oversight of

the lIJA Grant Programs;

(3) Costs incurred to develop and implement a statewide Capital Improvement Plan (CIP) for covered airports

for effective administration of the lIJA Grant Programs; and

(4) Costs incurred to perform oversight of covered airports to ensure public safety and compliance with the

lIJA Grant Programs' terms, conditions, and assurances including;

a. Airspace reviews related to lIJA Grant Programs to ensure public safety in accordance with FAA

regulations;

b. Covered airports' compliance with Federal obligations for the lIJA Grant Programs as stipulated in the lIJA

grant agreements; and

c. Training for State and covered airports personnel to effectively implement, administer, and oversee the

lIJA Grant Programs.

D. Ineligible or Unallowable Costs

Specific project costs, which are those costs specifically attributable to a project laeing funded under the lIJA

Grant Programs, are not allowable costs under this Agreement. These costs are normaily performed by

consultants or internal local or State personnel on behalf of the airport sponsor for the completion of a specific

grant funded project. Such project costs may be charged to the appropriate lIJA Grant Programs project grant

if the costs fall within the scope of the grant agreement.

IV.REQUIRED SUBMISSIONS TO THE FAA

A. Documentation Required for Reimbursement

The State will submit reimbursement request at least annually using SF 1034, Public Voucher for Purchases

and Services Other than Personal, accompanied with supporting documentation, which includes any records

needed to help substantiate and authenticate the payment requests submitted for costs incurred in accordance

with the Agreement. Further, the State will comply with all Federal financial reporting and payment requirements

outlined in its SBGP MOA.

B. Payment Request System

Unless otherwise directed by the FAA, the State must make each payment request with supporting

documentation under this Agreement electronically via the Delphi einvoicing System for the Department of

Transportation (DOT).

C. Reporting

The States shall submit annually a brief description of all activities and accomplishments during the reporting

timeframe, including information on measurable outcomes that track covered airport FY allocations. Further, the

States will comply with all Federal financial reporting and payment requirements outlined in the SBGP MOA such

as but not limited to;

FY 2026 Cooperative Agreement | 6

U.S. Depaftment

of Tronsporlafion

Federal Aviation

Administration

(1) Request for Advance or Reimbursement (SF-270)

(2) Federal Financial Report {SF-425), and any ottier applicable

D. Closeout

Unless the FAA authorizes a written extension, the State must submit all Agreement closeout documentation

and liquidate (pay-off) all costs Incurred under this Agreement no later than 120 calendar days after the end

date prescribed under the Term herein. If the State does not submit all required closeout documentation within

this time period, the FAA will proceed to close out the Agreement within one year after the end date prescribed

in the Term with the information available at the end of 120 days. Further, the State will comply with all closeout

requirements outlined in the SBGP MOA.

E. Recoupment

The FAA shall have the right to recoup its cash contributions under this Agreement from the State in the event, and

in the amount, that costs previously reimbursed are ineligible.

V.DISPUTE RESOLUTION

Where possible, disputes will be resolved by informal discussion between the parties. In the event the parties are unable

to resolve any disagreement through good faith negotiations, either party may terminate this Agreement in accordance

with VI.B below.

Vi.TERM, TERMINATION, and UNDUE DELAY

The Agreement is governed by the following stipulations.

A. Term

The Term of this Agreement aligns with the period of availability of the lIJA administrative funds. The Term starts

on the date of the Effective Date of this Agreement and ends on June 30, 2029.

The Term end date shall not affect, relieve, or reduce State obligations and assurances that extend treyond the

closeout of this Agreement.

B. Termination

In addition to any other termination rights provided by this Agreement, either party may terminate this Agreement at

any time prior to its expiration date, with or without cause, and without incurring any liability or obligation to the

terminated party (other than payment of amounts due and owing and performance of obligations accrued, in each

case on or prior to the termination date) by giving the other party at least thirty (30) days prior written notice of

termination. Upon receipt of a notice of termination, the receiving party shall take immediate steps to stop the accrual

of any additional obligations which might require payment.

C. Undue Delay

The State and FAA must carry out and comply with the terms of the Agreement without undue delays and in

accordance with the lIJA Grant Programs, applicable statutes, regulations, and the Secretary of Transportation

(Secretary's) policies, standards, and procedures.

FY 2026 Cooperative Agreement j 7

©U.S. Department

of Tfonsportot on

Federal Aviation

Administration

VII.LIABILITY AND INDEMNIFICATION

Except as specifically provided in this Agreement, the FAA, for itself and its contractors, assumes no liability under this

Agreement for loss arising out of the conduct or activities undertaken by the State, affiliates, associates, or its contractors,

or any third party in connection with this Agreement. The FAA will not indemnify the State, affiliates, associates, its

contractors, or any third party against any third-party claims or third-party liability.

In accordance with State law, the State shall obtain appropriate insurance and take other appropriate steps to protect

itself or others for any loss it may incur in connection with performance under this Agreement. If permitted by State law,

the State may be self-insured. The substance of this Section shall be included in all contracts and other agreements with

third parties at any tier. The provisions of this Section shall survive termination or expiration of this Agreement.

VIII.SPECiAL PROVISIONS

A. Applicable Laws and Regulations

This Agreement is in furtherance of the SBGP MOA and the lIJA Grant Programs, nothing herein shall impair or

replace the State's obligations under grants issued under the lIJA Grant Programs. This includes the State's

obligation to comply with all the following requirements incurred as part of its grant agreement and grant assurance

obligations under the lIJA Grant Programs.

B. Civil Rights Act

The State shall comply with Title VI of the Civil Rights Act of 1964 relating to nondiscrimination in Federally

assisted programs and provide a certification to that effect. This requirement is in support and furtherance of the

State's civil rights requirements more fully stated in grants issued under the lIJA Grant Programs.

C. Audit

The General Accounting Office, the Department of Transportation, and the FAA or its designee will have the

right to review and audit the books and records of the State and cognizant contractors (see the associated

requirement below in paragraph M, Contracting by the State) to the extent necessary to verify the allowability

of costs under this Agreement and as otherwise required by law.

The State shall maintain during the Term of this Agreement and three (3) complete calendar years after the

final action on this Agreement, such books and records as are reasonably necessary to accurately reflect its

operations under this Agreement. Further, the periods of access and examination shall continue for the time

necessary to dispose of appeals, litigation, claims, disputes, or exceptions arising from performance or

costs/expenses incurred under this Agreement, which may exceed three complete calendar years.

D. Warranties

The FAA makes no express or implied warranties as to any matter arising under this Agreement, or as to the

ownership, merchantability, or fitness for a particular purpose of any property, including any equipment, device,

or software that may be provided under this Agreement.

E. Force Majeure

Neither party will be liable to the other for any unforeseeable event not caused by the fault or negligence of

such party, which causes such party to be unable to perform its obligations under this Agreement, and which it

has not been able to overcome by the exercise of due diligence, including but not limited to natural disasters or

human strife and disputes. The party unable to perform shall use its best efforts to resume performance,

suspending it only for that period reasonably necessary to overcome the effects of the force majeure event. If

FY 2026 Cooperative Agreement | 8

u s. Deportrrenf

of rrohsportation

Federal Aviation

Adn^inlstrotion

performance is suspended for more than seven (7) days, the party unable to perform shall provide weekly

progress reports with a forecast of recovery, for the period of suspension.

F. System of Award Management (SAM) Registration and Universal Identifier

Unless the State or subcontractor to this Agreement is exempted from this requirement under 2 CFR § 25.110,

the State and subcontractor must maintain the currency of its information in the SAM until the State submits the

final financial report required under this Agreement or receives the final payment, whichever is later. This

requires that the State and any subcontractor 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; httD://www.sam.oovV

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 httDs://sam.aov/content/entitv-

reoistration.

G. Severability

In the event that any Section and/or parts of this Agreement are detemriined to be void, such Section or portions

thereof shall lapse. No such lapse will affect the rights, responsibilities, and obligations of the parties under this

Agreement, except as provided herein. If either party determines that such lapse has or may have a material

effect on the performance of the Agreement, such party shall promptly notify the other party, and they shall

negotiate in good faith a mutually acceptable amendment to the Agreement if appropriate to address the effect

of the lapse.

H. Construction of Agreement

This Agreement is authorized under 49 U.S.C. § 106 (l)(6). Nothing in this Agreement shall be construed as

incorporating by reference or implication any provision of Federal acquisition law or regulation.

i. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof

and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written,

of the parties. However, this Agreement is in furtherance of, and support of, the SBGP MOA and the IIJ A Grant

Programs, and nothing herein shall impair the State's obligations under those agreements.

J. Amendments

This Agreement shall not be amended, altered, or modified except by an instrument in writing duly executed by

the State and the FAA.

K. Relationship of Parties

The legal relationship between the FAA and the State shall be none other than that expressly specified in this

Agreement, and nothing in this Agreement shall be construed to create any relationship of partnership, joint

venture, agency, or fiduciary duty between the parties, or to impose any liability or obligation on either party

except those liabilities and obligations expressly stated herein. Nothing in this Agreement shall be construed to

confer any legal or equitable rights, express or implied, on any person or entity other than the parties hereto.

L. Limitation of Assignment

Neither party may assign its rights or obligations under this Agreement to any other entity or person without the other

party's prior express written consent.

FY 2026 Cooperative Agreement | 9

U.S. Department

of rrcrsportplion

Federal Aviation

Administration

M. Contracting by the State

The State may enter into contracts in its own name for the purpose of carrying out the objectives of this Agreement. The

terms and conditions awarded at all tiers will include such terms and conditions from this Agreement as appropriate or

otherwise designated.

FY 2026 Cooperative Agreement 110