760 

14 CFR Ch. I (1–1–24 Edition) 

§ 155.9 

operating, or maintaining a public air-
port. 

(c) Except for a release from a re-

striction against using property for in-
dustrial purposes, the Administrator 
does not issue a release under this part 
unless it is justified under § 155.3(a) (1) 
or (2). 

(d) The Administrator may issue a 

release from the terms, conditions, res-
ervations, or restrictions of an instru-
ment of disposal subject to any other 
terms or conditions that he considers 
necessary to protect or advance the in-
terests of the United States in civil 
aviation. Such a term or condition, in-
cluding one regarding the use of pro-
ceeds from the sale of property, is im-
posed as a personal covenant or obliga-
tion of the public agency concerned 
rather than as a term or condition to 
the release or as a covenant running 
with the land, unless the Adminis-
trator determines that the purpose of 
the term or condition would be better 
achieved as a condition or covenant 
running with the land. 

(e) A letter or other document issued 

by the Administrator that merely 
grants consent to or approval of a 
lease, or to the use of the property for 
other than the airport use con-
templated by the instrument of dis-
posal, does not otherwise release the 
property from the terms, conditions, 
reservations, or restrictions of the in-
strument of disposal. 

§ 155.9 Release from war or national 

emergency restrictions. 

(a) The primary purpose of each 

transfer of surplus airport property 
under section 13 of the Surplus Prop-
erty Act of 1944 was to make the prop-
erty available for public or civil air-
port needs. However, it was also in-
tended to ensure the availability of the 
property transferred, and of the entire 
airport, for use by the United States 
during a war or national emergency, if 
needed. As evidence of this purpose, 
most instruments of disposal of surplus 
airport property reserved or granted to 
the United States a right of exclusive 
possession and control of the airport 
during a war or emergency, substan-
tially the same as one of the following: 

(1) That during the existence of any 

emergency declared by the President or 

the Congress, the Government shall 
have the right without charge except 
as indicated below to the full, unre-
stricted possession, control, and use of 
the landing area, building areas, and 
airport facilities or any part thereof, 
including any additions or improve-
ments thereto made subsequent to the 
declaration of the airport property as 
surplus: 

Provided, however, 

That the 

Government shall be responsible during 
the period of such use for the entire 
cost of maintaining all such areas, fa-
cilities, and improvements, or the por-
tions used, and shall pay a fair rental 
for the use of any installations or 
structures which have been added 
thereto without Federal aid. 

(2) During any national emergency 

declared by the President or by Con-
gress, the United States shall have the 
right to make exclusive or nonexclu-
sive use and have exclusive or non-
exclusive control and possession, with-
out charge, of the airport at which the 
surplus property is located or used or 
of such portion thereof as it may de-
sire: 

Provided, however, 

That the United 

States shall be responsible for the en-
tire cost of maintaining such part of 
the airport as it may use exclusively, 
or over which it may have exclusive 
possession and control, during the pe-
riod of such use, possession, or control 
and shall be obligated to contribute a 
reasonable share, commensurate with 
the use made by it, of the cost of main-
tenance of such property as it may use 
nonexclusively or over which it may 
have nonexclusive control and posses-
sion: 

Provided further, 

That the United 

States shall pay a fair rental for its 
use, control, or possession, exclusively 
or nonexclusively, of any improve-
ments to the airport made without 
U.S. aid. 

(b) A release from the terms, condi-

tions, reservations, or restrictions of 
an instrument of disposal that might 
prejudice the needs or interests of the 
armed forces, is granted only after con-
sultation with the Department of De-
fense. 

§ 155.11 Form and content of requests 

for release. 

(a) A request for the release of sur-

plus airport property from a term, con-
dition, reservation, or restriction in an 

761 

Federal Aviation Administration, DOT 

§ 156.1 

instrument of disposal need not be in 
any special form, but must be in writ-
ing and signed by an authorized official 
of the public agency that owns the air-
port. 

(b) A request for a release under this 

part must be submitted in triplicate to 
the District Airport Engineer in whose 
district the airport is located. 

(c) Each request for a release must 

include the following information, if 
applicable and available: 

(1) Identification of the instruments 

of disposal to which the property con-
cerned is subject. 

(2) A description of the property con-

cerned. 

(3) The condition of the property con-

cerned. 

(4) The purpose for which the prop-

erty was transferred, such as for use as 
a part of, or in connection with, oper-
ating the airport or for producing reve-
nues from nonaviation business. 

(5) The kind of release requested. 
(6) The purpose of the release. 
(7) A statement of the circumstances 

justifying the release on the basis set 
forth in § 155.3(a) (1) or (2) with sup-
porting documents. 

(8) Maps, photographs, plans, or simi-

lar material of the airport and the 
property concerned that are appro-
priate to determining whether the re-
lease is justified under § 155.9. 

(9) The proposed use or disposition of 

the property, including the terms and 
conditions of any proposed sale or lease 
and the status of negotiations therefor. 

(10) If the release would allow sale of 

any part of the property, a certified 
copy of a resolution or ordinance of the 
governing body of the public agency 
that owns the airport obligating itself 
to use the proceeds of the sale exclu-
sively for developing, improving, oper-
ating, or maintaining a public airport. 

(11) A suggested letter or other in-

strument of release that would meet 
the requirements of State and local law 
for the release requested. 

(12) The sponsor’s environmental as-

sessment prepared in conformance with 
Appendix 6 of FAA Order 1050.1C, 
‘‘Policies and Procedures for Consid-
ering Environmental Impacts’’ (45 FR 
2244; Jan. 10, 1980), and FAA Order 
5050.4, ‘‘Airport Environmental Hand-
book’’ (45 FR 56624; Aug. 25, 1980), if an 

assessment is required by Order 5050.4. 
Copies of these orders may be exam-
ined in the Rules Docket, Office of the 
Chief Counsel, FAA, Washington, D.C., 
and may be obtained on request at any 
FAA regional office headquarters or 
any airports district office. 

[Doc. No. 1329, 27 FR 12361, Dec. 13, 1962, as 
amended by Amdt. 155–1, 45 FR 56622, Aug. 25, 
1980] 

§ 155.13 Determinations by FAA. 

(a) An FAA office that receives a re-

quest for a release under this part, and 
supporting documents therefore, exam-
ines it to determine whether the re-
quest meets the requirements of the 
Act of October 1, 1949 (63 Stat. 700) so 
far as it concerns the interests of the 
United States in civil aviation and 
whether it might prejudice the needs 
and interests of the armed forces. Upon 
a determination that the release might 
prejudice those needs and interests, the 
Department of Defense is consulted as 
provided in § 155.9(b). 

(b) Upon completing the review, and 

receiving the advice of the Department 
of Defense if the case was referred to it, 
the FAA advises the airport owner as 
to whether the release or a modifica-
tion of it, may be granted. If the re-
lease, or a modification of it acceptable 
to the owner, is granted, the FAA pre-
pares the necessary instruments and 
delivers them to the airport owner. 

PART 156—STATE BLOCK GRANT 

PILOT PROGRAM 

Sec. 
156.1

Applicability. 

156.2

Letters of interest. 

156.3

Application and grant process. 

156.4

Airport and project eligibility. 

156.5

Project cost allowability. 

156.6

State program responsibilities. 

156.7

Enforcement of State block grant 

agreements and other related grant as-
surances. 

A

UTHORITY

: 49 U.S.C. 106(g), 47101, 47128; 49 

CFR 1.47(f), (k). 

S

OURCE

: Docket No. 35723, 53 FR 41303, Oct. 

20, 1988, unless otherwise noted. 

§ 156.1 Applicability. 

(a) This part applies to grant appli-

cants for the State block grant pilot 
program and to those States receiving