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. 

693 

Federal Aviation Administration, DOT 

§ 151.29 

(b) Each sponsor must submit with 

his application— 

(1) A written statement— 
(i) Specifying what consideration has 

been given to the interest of all com-
munities in or near which the project 
is located; and 

(ii) Containing the substance of any 

objection to, or approval of, the pro-
posed project made known to the spon-
sor by any local individual, group or 
community; and 

(2) A written statement showing that 

adequate replacement housing that is 
open to all persons, regardless of race, 
color, religion, sex, or national origin, 
is available and has been offered on the 
same nondiscriminatory basis to per-
sons who have resided on land phys-
ically acquired or to be acquired for 
the project development and who will 
be displaced thereby. 

[Amdt. 151–8, 30 FR 8039, June 23, 1965, as 
amended by Amdt. 151–17, 31 FR 16524, Dec. 
28, 1966; Amdt. 151–39, 35 FR 5537, Apr. 3, 1970] 

§ 151.27 Procedures: Application, 

plans, specifications, and apprais-

als. 

(a) Except as provided in paragraph 

(b) of this section, each sponsor shall 
incorporate by reference in its project 
application the final plans and speci-
fications, describing the items of air-
port development for which it requests 
United States aid. It must submit the 
plans and specifications with the appli-
cation unless they were previously sub-
mitted or are submitted with that of 
another sponsor of the project. 

(b) In special cases, the Adminis-

trator authorizes the postponement of 
the submission of final plans and speci-
fications until a later date to be speci-
fied in the grant agreement, if the 
sponsor has submitted— 

(1) An airport layout plan approved 

by the Administrator; and 

(2) Preliminary plans and specifica-

tions in enough detail to identify all 
items of development included in the 
project, and prepared so as to provide 
for accomplishing the project in ac-
cordance with the master plan layout, 
the rules in subparts B and C and appli-
cable local laws and regulations. 

(c) If the project involves acquiring a 

property interest in land by donation, 
or 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 Administrator, before 
passing on the eligibility of the project 
makes or obtains an appraisal of the 
interest. If the appraised value is less 
than the value placed on the interest 
by the sponsor (§ 151.23), the Adminis-
trator notifies the sponsor that he may 
within a stated time, ask in writing for 
reconsideration of the appraisal and 
submit statements of pertinent facts 
and opinion. 

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as 
amended by Amdt. 151–8, 30 FR 8039, June 23, 
1965; Amdt. 151–17, 31 FR 16524, Dec. 28, 1966] 

§ 151.29 Procedures: Offer, amend-

ment, and acceptance. 

(a) Upon approving a project, the Ad-

ministrator makes an offer to the spon-
sor to pay the United States share of 
the allowable project costs. The offer 
states a definite amount as the max-
imum obligation of the United States, 
and is subject to change or withdrawal 
by the Administrator, in his discretion, 
at any time before it is accepted. 

(b) If, before the sponsor accepts the 

offer, it is determined that the max-
imum obligation of the United States 
stated in the offer is not enough to pay 
the United States share of the allow-
able project costs, the sponsor may re-
quest an increase in the amount in the 
offer, through the Area Manager. 

(c) An official of the sponsor must ac-

cept the offer for the sponsor within 
the time prescribed in the offer, and in 
the required number of counterparts, 
by signing it in the space provided. The 
signing official must have been author-
ized to sign the acceptance by a resolu-
tion or ordinance adopted by the spon-
sor’s governing body. The resolution or 
ordinance must, as appropriate under 
the local law— 

(1) Set forth the terms of the offer at 

length; or 

(2) Have a copy of the offer attached 

to the resolution or ordinance and in-
corporated into it by reference. 

The sponsor must attach a certified 
copy of the resolution to each executed 
copy of an accepted offer or grant 
agreement that it is required to send to 
the Area Manager.