691
Federal Aviation Administration, DOT
§ 151.24
request on FAA Form 5100–3, accom-
panied by—
(1) The sponsor’s written statement
as to whether the proposed project in-
volves the displacement and relocation
of persons residing on land physically
acquired or to be acquired for the
project development; and
(2) The sponsor’s written assurance,
if the project involves displacement
and relocation of such persons, that
adequate replacement housing will be
available or provided for (built, if nec-
essary), without regard to their race,
color, religion, sex, or national origin,
before the execution of a grant agree-
ment for the project.
(b) A proposed project is selected for
inclusion in a program only if the spon-
sor has submitted a written assurance
when required by paragraph (a)(2) of
this section, or if the Administrator
has determined that the project does
not involve the displacement and relo-
cation of persons residing on land to be
physically acquired or to be acquired
for the project development. If the Ad-
ministrator selects a proposed project
for inclusion in a program, a tentative
allocation of funds is made for it and
the sponsor is notified of the alloca-
tion. The tentative allocation may be
withdrawn if the sponsor fails to sub-
mit an acceptable project application
as provided in paragraph (c) of this sec-
tion or fails to proceed diligently with
the project, or if adequate replacement
housing is not available or provided for
in accordance with a written assurance
when required by paragraph (a)(2) of
this section.
(c) As soon as practicable after re-
ceiving notice of the tentative alloca-
tion, the sponsor must submit a project
application on FAA Form 1624 to the
Area Manager, without changing the
language of the form, unless the
change is approved in advance by the
Administrator. In the case of a joint
project, each sponsor executes only
those provisions of the project applica-
tion that apply to it. A sponsor who
has executed a grant agreement for a
project for the development of an air-
port under the Program, may, in the
Administrator’s discretion, submit ad-
ditional project applications on FAA
Form 1624 for further development of
that airport.
(49 U.S.C. 1120, 1655(c); sec. 6(c), Dept. of
Transportation Act; sec. 1.4(b)(1) of the regu-
lations of the Office of the Secretary of
Transportation; Federal Airport Act, as
amended)
[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as
amended by Amdt. 151–11, 31 FR 6686, May 5,
1966; Amdt. 151–32, 34 FR 9617, June 19, 1969;
Amdt. 151–39, 35 FR 5536, Apr. 3, 1970]
§ 151.23 Procedures: Application; fund-
ing information.
Each sponsor must state in its appli-
cation that it has on hand, or show
that it can obtain as needed, funds to
pay all estimated costs of the proposed
project that are not borne by the
United States or by another sponsor. If
any of the funds are to be furnished to
a sponsor, or used to pay project costs
on behalf of a sponsor, by a State agen-
cy or any other public agency that is
not a sponsor of the project, that agen-
cy may, instead of the sponsor, submit
evidence that the funds will be pro-
vided if the project is approved.
[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as
amended by Amdt. 151–34, 34 FR 12883, Aug. 8,
1969]
§ 151.24 Procedures: Application; infor-
mation on estimated project costs.
(a) If any part of the estimated
project costs consists of the value of
donated land, labor, materials, or
equipment, or of the value of a prop-
erty interest in land acquired at a cost
that (as represented by the sponsor) is
not the actual cost or the amount of an
award in eminent domain proceedings,
the sponsor must so state in the appli-
cation, indicating the nature of the do-
nation or other transaction and the
value it places on it.
(b) If, after the grant agreement is
executed and before the final payment
of the allowable project costs is made
under § 151.63, it appears that the spon-
sor inadvertently or unknowingly
failed to comply with paragraph (a) of
this section as to any item, the Admin-
istrator—
(1) Makes or obtains an appraisal of
the item, and if the appraised value is
less than the value placed on the item
in the project application, notifies the
sponsor that it may, within a stated
692
14 CFR Ch. I (1–1–24 Edition)
§ 151.25
time, ask in writing for reconsider-
ation of the appraisal and submit
statements of pertinent facts and opin-
ion; and
(2) Adjusts the U.S. share of the
project costs to reflect any decrease in
value of the item below that stated in
the project application.
[Amdt. 151–34, 34 FR 12883, Aug. 8, 1969]
§ 151.25 Procedures: Application; infor-
mation as to property interests.
(a) Each sponsor must state in its ap-
plication all of the property interests
that he holds in the lands to be devel-
oped or used as part of, or in connec-
tion with, the airport as it will be when
the project is completed. Each project
application contains a covenant on the
part of the sponsor to acquire, before
starting construction work, or within a
reasonable time if not needed for the
construction, property interests satis-
factory to the Administrator in all the
lands in which it does not hold those
property interests at the time it sub-
mits the application. In the case of a
joint project, any one or more of the
sponsors may hold or acquire the nec-
essary property interests. In such a
case, each sponsor may show on its ap-
plication only those property interests
that it holds or is to acquire.
(b) Each sponsor of a project must
send with its application a property
map (designated as Exhibit A) or incor-
porate such a map by reference to one
in a previous application that was ap-
proved. The sponsor must clearly iden-
tify on the map all property interests
required in paragraph (a) of this sec-
tion, showing prior and proposed acqui-
sitions for which United States aid is
requested under the project.
(c) For the purposes of paragraphs (a)
and (b) of this section, the property in-
terest that the sponsor must have or
agree to obtain, is—
(1) Title free and clear of any rever-
sionary interest, lien, easement, lease,
or other encumbrance that, in the
opinion of the Administrator, would
create an undue risk that it might de-
prive the sponsor of possession or con-
trol, interfere with its use for public
airport purposes, or make it impossible
for the sponsor to carry out the agree-
ments and covenants in the applica-
tion;
(2) A lease of not less than 20 years
granted to the sponsor by another pub-
lic agency that has title as described in
paragraph (c)(1) of this section, on
terms that the Administrator considers
satisfactory; or
(3) In the case of an offsite area an
agreement, easement, leasehold, or
other right or property interest that,
in the Administrator’s opinion, pro-
vides reasonable assurance that the
sponsor will not be deprived of its right
to use the land for the intended pur-
pose during the period necessary to
meet the requirements of the grant
agreement.
(d) For the purposes of this section,
the word ‘‘land’’ includes landing
areas, building areas, runway clear
zones, clearways and approach zones,
and areas required for offsite construc-
tion, entrance roads, drainage, protec-
tion of approaches, installation of air
navigation facilities, or other airport
purposes.
§ 151.26 Procedures: Applications;
compatible land use information;
consideration of local community
interest; relocation of displaced
persons.
(a) Each sponsor must state in its ap-
plication the action that it has taken
to restrict the use of land adjacent to
or in the immediate vicinity of the air-
port to activities and purposes compat-
ible with normal airport operations in-
cluding landing and take-off of air-
craft. The sponsor’s statement must in-
clude information on—
(1) Any property interests (such as
airspace easements or title to airspace)
acquired by the sponsor to assure com-
patible land use, or to protect or con-
trol aerial approaches;
(2) Any zoning laws enacted or in
force restricting the use of land adja-
cent to or in the vicinity of the airport,
or assuring protection or control of
aerial approaches, whether or not en-
acted by the sponsor; and
(3) Any action taken by the sponsor
to induce the appropriate government
authority to enact zoning laws re-
stricting the use of land adjacent to or
in the vicinity of the airport, or assur-
ing protection or control of aerial ap-
proaches, when the sponsor lacks the
power to zone the land.