694 

14 CFR Ch. I (1–1–24 Edition) 

§ 151.31 

§ 151.31 Procedures: Grant agreement. 

(a) An offer by the Administrator, 

and acceptance by the sponsor, as set 
forth in § 151.29, constitute a grant 
agreement between the sponsor and the 
United States. Except as provided in 
§ 151.41(c)(3), the United States does not 
pay, and is not obligated to pay, any 
part of the project costs that have been 
or may be incurred, before the grant 
agreement is executed. 

(b) The Administrator and the spon-

sor may agree to a change in a grant 
agreement if— 

(1) The change does not increase the 

maximum obligation of the United 
States under the grant agreement by 
more than 10 percent; 

(2) The change provides only for air-

port development that meets the re-
quirements of subparts B and C; and 

(3) The change does not prejudice the 

interests of the United States. 

(c) When a change is agreed to, the 

Administrator issues a supplemental 
agreement incorporating the change. 
The sponsor must accept the supple-
mental agreement in the manner pro-
vided in § 151.29(c). 

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as 
amended by Amdt. 151–8, 30 FR 8040, June 23, 
1965] 

§ 151.33 Cosponsorship and agency. 

(a) Any two or more public agencies 

that desire to participate either in ac-
complishing development under a 
project or in maintaining or operating 
the airport, may cosponsor it if they 
meet the requirements of subparts B 
and C, including— 

(1) The eligibility requirements of 

§ 151.37; and 

(2) The submission of a single project 

application, executed by each sponsor, 
clearly stating the certifications, rep-
resentations, warranties, and obliga-
tions made or assumed by each, or a 
separate application by each that does 
not meet all the requirements of sub-
parts B and C if in the Administrator’s 
opinion, the applications collectively 
meet the requirements of subparts B 
and C as applied to a project with a sin-
gle sponsor. 

(b) A public agency that desires to 

participate in a project only by con-
tributing funds to a sponsor need not 

become a sponsor or an agent of the 
sponsor, as provided in this section. 
However, any funds that it contributes 
are considered as funds of the sponsor 
for the purposes of the Federal Airport 
Act and this part. 

(c) If the sponsors of a joint project 

are not each willing to assume, jointly 
and severally, the obligations that sub-
parts B and C requires a sponsor to as-
sume, they must send a true copy of an 
agreement between them, satisfactory 
to the Administrator, to be incor-
porated into the grant agreement. 
Each agreement must state— 

(1) The responsibilities of each spon-

sor to the others with respect to ac-
complishing the proposed development 
and operating and maintaining the air-
port; 

(2) The obligations that each will as-

sume to the United States; and 

(3) The name of the sponsor or spon-

sors who will accept, receipt for, and 
disburse grant payments. 

If an offer is made to the sponsors of a 
joint project, as provided in § 151.29, it 
contains a specific condition that it is 
made in accordance with the agree-
ment between the sponsors (and the 
agreement is incorporated therein by 
reference) and that, by accepting the 
offer, each sponsor assumes only its re-
spective obligations as set forth in the 
agreement. 

(d) A public agency may, if it is au-

thorized by local law, act as agent of 
the public agency that is to own and 
operate the airport, with or without 
participating financially and without 
becoming a sponsor. The terms and 
conditions of the agency and the 
agent’s authority to act for the sponsor 
must be set forth in an agency agree-
ment that is satisfactory to the Ad-
ministrator. The sponsor must submit 
a true copy of the agreement with the 
project application. Such an agent may 
accept, on behalf of the sponsor, an 
offer made under § 151.29, only if that 
acceptance has been specifically and le-
gally authorized by the sponsor’s gov-
erning body and the authority is spe-
cifically set forth in the agency agree-
ment. 

(e) When the cosponsors of an airport 

are not located in the same area, they 
must submit a joint request to the 

695 

Federal Aviation Administration, DOT 

§ 151.39 

Area Manager of the area in which the 
airport development will be located. 

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as 
amended by Amdt. 151–8, 30 FR 8040, June 23, 
1965; Amdt. 151–11, 31 FR 6686, May 5, 1966] 

§ 151.35 Airport development and fa-

cilities to which subparts B and C 

apply. 

(a) Subparts B and C applies to the 

following kinds of airport development: 

(1) Any work involved in con-

structing, improving, or repairing a 
public airport or part thereof, includ-
ing the constructing, altering, or re-
pairing of only those buildings or parts 
thereof that are intended to house fa-
cilities or activities directly related to 
the safety of persons at the airport. 

(2) Removing, lowering, relocating, 

marking, and lighting of airport haz-
ards as defined in § 151.39(b). 

(3) Acquiring land or an interest 

therein, or any easement through or 
other interest in air space, that is nec-
essary to allow any work covered by 
paragraph (a)(1) or (2) of this section, 
or to remove or mitigate, or prevent or 
limit the establishment of, airport haz-
ards as defined in § 151.39(b). 
It does not apply to the constructing, 
altering, or repair of airport hangars or 
public parking facilities for passenger 
automobiles. 

(b) The airport facilities to which 

subparts B and C applies are those 
structures, runways, or other items, on 
or at an airport, that are— 

(1) Used or intended to be used, in 

connection with the landing, takeoff, 
or maneuvering of aircraft, or for or in 
connection with operating and main-
taining the airport itself; or 

(2) Required to be located at the air-

port for use by the users of its aero-
nautical facilities or by airport opera-
tors, concessionaires, and other users 
of the airport in connection with pro-
viding services or commodities to the 
users of those aeronautical facilities. 

(c) For the purposes of subparts B 

and C, ‘‘public airport’’ means an air-
port used for public purposes, under the 
control of a public agency named in 
§ 151.37(a), with a publicly owned land-
ing area. 

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as 
amended by Amdt. 151–8, 30 FR 8040, June 23, 
1965] 

§ 151.37 Sponsor eligibility. 

To be eligible to apply for an indi-

vidual or joint project for development 
with respect to a particular airport a 
sponsor must— 

(a) Be a public agency, which in-

cludes for the purposes of this part 
only, a State, the District of Columbia, 
Puerto Rico, the Virgin Islands, Guam 
or an agency of any of them; a munici-
pality or other political subdivision; a 
tax-supported organization; or the 
United States or an agency thereof; 

(b) Be legally, financially, and other-

wise able to— 

(1) Make the certifications, represen-

tations, and warranties in the applica-
tion form prescribed in § 151.67(a); 

(2) Make, keep, and perform the as-

surances, agreements, and covenants in 
that form; and 

(3) Meet the other applicable require-

ments of the Federal Airport Act and 
subparts B and C; 

(c) Have, or be able to obtain, enough 

funds to meet the requirements of 
§ 151.23; and 

(d) Have, or be able to obtain, prop-

erty interests that meet the require-
ments of § 151.25(a). 

For the purpose of paragraph (a) of this 
section, the United States, or an agen-
cy thereof, is not eligible for a project 
under subparts B and C, unless the 
project— 

(1) Is located in Puerto Rico, the Vir-

gin Islands, or Guam; 

(2) Is in or is in close proximity to a 

national park, a national recreation 
area, or a national monument; or 

(3) Is in a national forest or a special 

reservation for United States purposes. 

[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as 
amended by Amdt. 151–8, 30 FR 8040, June 23, 
1965] 

§ 151.39 Project eligibility. 

(a) A project for construction or land 

acquisition may not be approved under 
subparts B and C unless— 

(1) It is an item of airport develop-

ment described in § 151.35(a); 

(2) The airport development is within 

the scope of the current National Air-
port Plan;