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Federal Aviation Administration, DOT 

§ 151.125 

to advance planning proposals. In addi-
tion, the sponsor eligibility require-
ments set forth in § 151.113 must be met 
by each participating public agency. 

§ 151.117 Advance planning proposals: 

Procedures; application. 

(a) Each eligible sponsor desiring to 

obtain Federal aid for the purpose of 
advance planning and engineering must 
submit a completed FAA Form 3731, 
‘‘Advance Planning Proposal’’, to the 
Area Manager. 

(b) The airport layout plan, if in ex-

istence, must accompany the advance 
planning proposal. If the advance plan-
ning proposal includes preparation of 
plans and specifications, enough de-
tails to identify the items of develop-
ment to be covered by the plans and 
specifications must be shown. The pro-
posal must be accompanied by evi-
dentiary material establishing the 
basis for the estimated costs under the 
proposal, such as an offer from an engi-
neering firm containing a schedule of 
services and charges therefor. 

[Doc. No. 6227, 30 FR 8040, June 23, 1965, as 
amended by Amdt. 151–11, 31 FR 6686, May 5, 
1966] 

§ 151.119 Advance planning proposals: 

Procedures; funding. 

The funding information required by 

§ 151.23, except the last sentence, also is 
required in connection with an advance 
planning proposal. The sponsor’s share 
of estimated proposal costs may not 
consist of or include the value of do-
nated labor, materials, or equipment. 

§ 151.121 Procedures: Offer; sponsor 

assurances. 

Each sponsor must adopt the fol-

lowing covenant implementing the ex-
clusive rights provisions of section 
308(a) of the Federal Aviation Act of 
1958, that is incorporated by reference 
into Part I of the Advance Planning 
Agreement: 

The sponsor— 
(a) Will not grant or permit any exclusive 

right forbidden by section 308(a) of the Fed-
eral Aviation Act of 1958 (49 U.S.C. 1349(a)) at 
the airport, or at any other airport now or 
hereafter owned or controlled by it; 

(b) Agrees that, in furtherance of the pol-

icy of the FAA under this covenant, unless 
authorized by the Administrator, it will not, 
either directly or indirectly, grant or permit 

any person, firm or corporation the exclusive 
right at the airport, or at any other airport 
now or hereafter owned or controlled by it, 
to conduct any aeronautical activities, in-
cluding, but not limited to, charter flights, 
pilot training, aircraft rental and sight-
seeing, aerial photography, crop dusting, 
aerial advertising and surveying, air carrier 
operations, aircraft sales and services, sale 
of aviation petroleum products whether or 
not conducted in conjunction with other 
aeronautical activity, repair and mainte-
nance of aircraft, sale of aircraft parts, and 
any other activities which because of their 
direct relationship to the operation of air-
craft can be regarded as an aeronautical ac-
tivity; 

(c) Agrees that it will terminate any exist-

ing exclusive right to engage in the sale of 
gasoline or oil, or both, granted before July 
17, 1962, at such an airport, at the earliest re-
newal, cancellation, or expiration date appli-
cable to the agreement that established the 
exclusive right; and 

(d) Agrees that it will terminate any other 

exclusive right to conduct any aeronautical 
activity now existing at such an airport be-
fore the grant of any assistance under the 
Federal Airport Act. 

[Amdt. 151–30, 34 FR 3656, Mar. 1, 1969, as 
amended by Amdt. 151–32, 34 FR 9617, June 
19, 1969] 

§ 151.123 Procedures: Offer; amend-

ment; acceptance; advance planning 
agreement. 

(a) The procedures and requirements 

of § 151.29 also apply to approved ad-
vance planning proposals. FAA’s offer 
and the sponsor’s acceptance con-
stitute an advance planning grant 
agreement between the sponsor and the 
United States. The United States does 
not pay any of the advance planning 
costs incurred before the advance plan-
ning grant agreement is executed. 

(b) No grant is made unless the spon-

sor intends to begin airport develop-
ment within three years after the date 
of sponsor’s written acceptance of a 
grant offer. The sponsor’s intention 
must be evidenced by an appropriate 
written statement in the proposal. 

§ 151.125 Allowable advance planning 

costs. 

(a) The United States’ share of the 

allowable costs of an advance planning 
proposal is stated in the advance plan-
ning grant agreement, but is not more 
than 50 percent of the total cost of the