Sec. 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 development
described in §151.35(a);
(2) The airport development is within
the scope of the current National Airport Plan;
(3) The airport development is, in the
opinion of the Administrator, reasonably necessary to provide a needed
civil airport facility;
(4) The Administrator is satisfied that
the project is reasonably consistent with existing plans of public
agencies for the development of the area in which the airport is located
and will contribute to the accomplishment of the purposes of the
Federal-aid Airport Program;
(5) The Administrator is satisfied,
after considering the pertinent information including the sponsor's
statements required by §151.26(b), that --
(i) Fair consideration has been given to
the interest of all communities in or near which the project is located;
(ii) 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 persons who have resided on land physically
acquired or to be acquired for the project development and have been or
will be displaced thereby;
(6) The project provides for installing
such of the landing aids specified in section 10(d) of the Federal Airport
Act (49 U.S.C. 1109(d)) as the Administrator considers are needed for the
safe and efficient use of the airport by aircraft, based on the category
of the airport and the type and volume of its traffic.
(b) Only the following kinds of airport
development described in §151.35(a) are eligible to be included in a
project under subparts B and C:
(1) Preparing all or part of an airport
site, including clearing, grubbing filling and grading.
(2) Dredging of seaplane anchorages and
(3) Drainage work, on or off the airport
or airport site.
(4) Constructing, altering, or repairing
airport buildings or parts thereof to the extent that it is covered by
(5) Constructing, altering, or repairing
runways, taxiways, and aprons, including --
(i) Bituminous resurfacing of pavements
with a minimum of 100 pounds of plant-mixed material for each square yard;
(ii) Applying bituminous surface
treatment on a pavement (in accordance with FAA Specification P-609), the
existing surface of which consists of that kind of surface treatment; and
(iii) Resealing a runway that has been
substantially extended or partially reconstructed, if that resealing is
necessary for the uniform color and appearance of the runway.
(6) Fencing, erosion control, seeding
and sodding of an airport or airport site.
(7) Installing, altering, or repairing
airport markers and runway, taxiway and apron lighting facilities and
(8) Constructing, altering, or repairing
entrance roads and airport service roads.
(9) Constructing, installing, or
connecting utilities, either on or off the airport or airport site.
(10) Removing, lowering, relocating
marking, or lighting any airport hazard.
(11) Clearing, grading, and filling to
allow the installing of landing aids.
(12) Relocating structures, roads, and
utilities necessary to allow eligible airport development.
(13) Acquiring land or an interest
therein, or any easement through or other interest in airspace, when
necessary to --
(i) Allow other airport development to
be made, whether or not a part of the Federal-aid Airport Program;
(ii) Prevent or limit the establishment
of airport hazards;
(iii) Allow the removal, lowering,
relocation, marking, and lighting of existing airport hazards;
(iv) Allow the installing of landing
(v) Allow the proper use, operation,
maintenance, and management of the airport as a public facility.
(14) Any other airport development
described in §151.35(a) that is specifically approved by the
For the purposes of paragraph (b)(10) of
this section, an airport hazard is any structure or object of natural
growth located on or in the vicinity of a public airport, or any use of
land in the vicinity of the airport, that obstructs the airspace needed
for the landing or takeoff of aircraft or is otherwise hazardous to the
landing or takeoff of aircraft. For the purposes of paragraph (b)(13) of
this section, land acquisition includes the acquiring of land that is
already developed as a private airport and the structures, fixtures, and
improvements that are a part of realty (other than hangars, other
ineligible structures and parts thereof, fixtures, and improvements).
(c) A project for acquiring land that
has been or will be donated to the sponsor is not eligible for inclusion
in the Federal-aid Airport Program, unless the project also includes other
items of airport development that would require a sponsor's contribution
equal to or more than the United States share of the value of the donated
land as appraised by the Administrator.
[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as
amended by Amdt. 151-8, 30 FR 8040, June 23, 1965; Amdt. 151-17, 31 FR
16524, Dec. 28, 1966; Amdt. 151-37, 35 FR 5112, Mar. 26, 1970; Amdt.
151-39, 35 FR 5537, Apr. 3, 1970]