make a conveyance under this part, he also requests that the granting clause of the instrument of conveyance contain a reverter clause, reading as follows:

Any part of the property interest hereby conveyed that has not been developed for airport purposes within 5 years after the date of conveyance, or that ceases to be used for airport purposes for a period of 6 months, shall automatically revert to the United States, the grantee agreeing by the acceptance of this conveyance or the rights granted herein that a determination by the Federal Aviation Administrator that all or a part of the property interest has not been so developed, or has ceased to be so used, is conclusive of the facts.

(49 U.S.C. 1120)

[Amdt. 153-3, 33 FR 14109, Sept. 18, 1968]

PART 154-ACQUISITION OF U.S. LAND FOR PUBLIC AIRPORTS UNDER THE AIRPORT AND AIRWAY DEVELOPMENT ACT OF 1970

Sec.

154.1 Applicability and purpose.

154.3 Public agencies eligible for convey

ances.

154.5 Application for conveyance.

154.7 Form and content of application for conveyance.

154.9 Determinations by the Administrator.

154.11 Determination and conveyance by head of controlling agency. 154.13 Covenants in conveyances.

AUTHORITY: Secs. 11-27, 84 Stat. 220-233; sec. 1.47(g) of the regulations of the Office of the Secretary of Transportation, 49 CFR 1.

SOURCE: Docket No. 10858, 38 FR 12204, May 10, 1973, unless otherwise noted.

§ 154.1 Applicability and purpose.

(a) General. This part applies to the acquiring by public agencies, under section 23 of the Airport and Airway Development Act of 1970 (Pub. L. 91258, 84 Stat. 232), of property interest in land owned or controlled by the United States, the use of which is reasonably necessary to carry out a project for airport development under part II of that act or to operate a public airport, including lands reasonably necessary to meet future development of an airport in accordance with

the national airport system plan. If the Administrator determines that such a property interest is reasonably necessary to carry out such a project or to operate a public airport, he is authorized by section 23 of the act to request the head of the Department, Board, Bureau, Commission, or other agency in the executive branch of the Federal Government, or corporation wholly owned by the United States (in this part called the "controlling agency") that owns or controls that property interest to convey so much of it as the Administrator considers necessary, to the public agency sponsoring the project concerned or owning or controlling the airport concerned, as the case may be. The head of that agency is then required to determine whether the conveyance is inconsistent with the needs of that agency. If he determines that it is not inconsistent with those needs, he shall make the conveyance as provided in § 154.11 of this part.

(b) Property interests to which this part applies. This part applies with respect to fee title or any other interest in land that is reasonably necessary to carry out a project under the airport development aid program or to operate a public airport or in lands reasonably necessary to meet future development of an airport, in accordance with the national airport system plan, including leaseholds, permits, licenses, and easements, over lands adjacent to the airport that will assure freedom from interference with the intended purpose. The property interest must be in land for an airport that is included in, or currently meets the entrance criteria for, the current national airport system plan.

(c) Property interests to which this part does not apply. This part does not apply with respect to

(1) Property interests in lands owned or controlled by the United States within

(i) Any national park, national monument, national recreation area, or similar area under the administration of the National Park Service;

(ii) Any unit of the National Wildlife Refuge System or similar area under the jurisdiction of the Bureau of Sport Fisheries and Wildlife; or

(iii) Any national forest or Indian reservation; or

(2) Any entire, existing Federal airport.

(d) Definition of “airport purposes.' For the purposes of this part, "airport purposes" means uses of property interests in land that are directly related to the actual operation of the foreseeable aeronautical development of the public airport. It includes

(1) Operational use. Use of property interest for clear zones, navigation aids, runways, taxiways, aprons and other aircraft movement areas, and land necessary to preserve the operational integrity of the airport.

(2) Future developmental use. Reservation of property interests for foreseeable aeronautical development (for example, a planned runway extension or a planned terminal building development);

(3) Essential support services use. Use of property interests for activities directly supporting flight operations (for example, aircraft maintenance, fueling, and servicing; mail, passenger, and cargo processing facilities; communications and air traffic control; airport firefighting and rescue equipment and service, and airport maintenance); and

(4) Complementary activities use. Use of property interests for facilities or services that enhance the utility or convenience of the aeronautical services (for example, facilities to provide food, shelter, surface transportation, or vehicular parking).

§ 154.3 Public agencies eligible for convey

ances.

A State, Puerto Rico, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, Guam, any agency of any of them, a municipality or other political subdivision, a tax-supported organization, or an Indian tribe or pueblo may apply for a conveyance of a property interest under this part if—

(a) It plans to use that property interest for or in connection with

(1) Developing a public airport as a project under the airport development aid program;

(2) Improving, developing, or protecting an existing public airport,

whether or not in connection with a project under the program; or

(3) Establishing or constructing a new public airport, whether or not in connection with a project under that program;

(b) It has legal authority to accept the conveyance; to engage in the kind of airport development described in § 152.41 of this chapter, improvement, or construction necessary to benefit fully from the conveyance; to establish, operate, and maintain the proposed or existing airport; and to raise funds necessary for the proposed development, improvement, or construction and for financing the operation and maintenance of the airport;

(c) It has enough funds, or will be able to get them, to pay for any development, improvement, or construction that is necessary to benefit reasonably from the conveyance, and to operate and maintain the airport; and

(d) It is not in default on any obligation to the United States in connection with developing, operating, or maintaining an airport.

§ 154.5 Application for conveyance.

A public agency that is eligible under § 154.3 may apply for a conveyance of a property interest under this part by filing an application for it in quadruplicate with the FAA office serving the area in which the property interest is located.

§ 154.7 Form and content of application for conveyance.

(a) An application for a conveyance of a property interest under this part need not be in any special form. However, the public agency applying must provide enough information to enable the Administrator to determine

(1) That it is eligible to apply for the conveyance;

(2) That is will accept the conveyance subject to the conditions and covenants in the deed of conveyance;

(3) That the property interest applied for is reasonably necessary to carry out a project under the airport development aid program or to operate a public airport; and

(4) The extent of the property interest that is necessary to accomplish the purpose.

(b) Each public agency applying for a conveyance must send with its request, or as soon thereafter as possible, the following information, if applicable and available, together with any other information requested by the Administrator:

(1) Its name and address.

(2) The name, location, and ownership of the airport concerned, or if the airport is not in existence, the proposed name, the approved location, and the prospective owner.

(3) If the airport is being operated under a lease or agreement from the public agency, a copy of the lease or agreement.

(4) A statement of its legal authority and financial ability to develop, improve, construct, operate, and maintain the airport.

(5) The name of the department or agency of the United States that owns or controls the property interest.

(6) A legal description of the land requested, and the amount of acreage, if applicable.

(7) A list of all improvements on the land and the use or disposition to be made thereof.

(8) A statement of the specific property interest, such as fee title, leasehold, easement, permit, license, or other interest, that it needs.

(9) A complete justification of its need for the property interest, supported by any maps, charts, photographs, or other documents that may be necessary to show the need for that property interest, and if use of other land might fill the need, a statement of the particular advantage of the U.S. land over the other suitable land.

(10) A statement of the plans and commitments for the financing of or accomplishing any development, improvement, or construction requiring the use of the property interest.

(11) An estimated date on which the property interest will be needed.

(12) The status of any project for developing the airport under the airport development aid program.

(13) A statement that it has the legal authority to accept a conveyance

subject to the covenants and reverter clause described in § 154.13.

(14) The sponsor's environmental assessment prepared in conformance with Appendix 6 of FAA Order 1050.1C, "Policies and Procedures for Considering Environmental Impacts" (45 FR 2244; January 10, 1980), FAA Order 5050.4, “Airport Environmental Handbook" (45 FR 56622; August 25, 1980), if an assessment is required by Order 5050.4. Copies of these orders may be examined 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.

(15) A statement that if the conveyance involves the displacement of any person or the acquisition of an interest in real property that is within the purview of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 18949), the applicant will make the assurances required by §§ 25.57(a) and 25.59(a) of the regulations of the Office of the Secretary of Transportation (49 CFR Part 25).

(c) Each application for a conveyance under this part must be signed by an officer of the public agency concerned who has been authorized by it to file the application. The application must be accompanied by a certified copy of a resolution or ordinance authorizing him to file the application and indicating that the public agency is willing to accept the conveyance subject to the covenants described in § 154.13 of this part.

(Secs. 16 and 23, Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1716 and 1723); sec. 552(a), Administrative Procedure Act (5 U.S.C. 552(a)); sec. 1.47(f)(1), Regulations of the Office of the Secretary of Transportation, (49 CFR 1.47(f)(1)))

[Doc. No. 10858, 38 FR 12204, May 10 1973, as amended by Amdt. 154-1, 42 FR 32630, June 27, 1977; Amdt. 154-2, 45 FR 56622, Aug. 25, 1980]

§ 154.9 Determinations by the Administrator.

The Administrator reviews each application for a conveyance under this part and determines whether the

public agency requesting the conveyance is eligible and a conveyance is proper, under section 23 of the Airport and Airway Development Act of 1970 and this part. If he decides that the public agency is eligible and the conveyance is proper, he requests the head of the controlling agency to convey to the public agency as much of an interest as the Administrator considers to be reasonably necessary, without consideration, other than the benefits to accrue to the public and the United States from the use of the land for airport purposes. The Administrator accompanies his request with a detailed statement of the items required by section 102(2)(c) of the National Environmental Policy Act of 1969 (42 U.S.C. 4321).

§ 154.11 Determination and conveyance by head of controlling agency.

(a) Upon receiving a request for a conveyance under this part from the Administrator, the head of the controlling agency is required, by section 23(b) of the Airport and Airway Development Act of 1970, to determine whether the conveyance is inconsistent with the needs of his agency, and to notify the Administrator of his determination within 4 months after receiving the Administrator's request.

(b) Section 23(b) of the act provides that, if the head of the controlling agency concerned determines that the requested conveyance is not inconsistent with those needs, he shall, upon the approval of the Attorney General and the President, perform any acts and execute any instruments necessary to make the conveyance, without expense to the United States.

the property interest is necessary to meet future development of an airport in accordance with the national airport system plan the grantee will develop that interest for airport purposes within a period of time satisfactory to the Administrator, and any interim use of that interest for other than airport purposes will be subject to such terms and conditions as the Administrator may prescribe.

(b) That the airport, and its appurtenant areas and its buildings and facilities, whether or not on the land conveyed, will be operated as a public airport on fair and reasonable terms, without unjust discrimination.

(c) That in the operation of the airport and its appurtenant areas whether or not on the land conveyed, the grantee

(1) Agrees that no person shall be excluded from any participation, be denied any benefits, or be otherwise subjected to any discrimination, on the grounds of race, color, or national origin; and

(2) Agrees to comply with all requirements imposed by or pursuant to Part 21 of the regulations of the Office of the Secretary of Transportation (49 CFR Part 21)-nondiscrimination in federally assisted programs of the Department of Transportationeffectuation of title VI of the Civil Rights Act of 1964.

(d) That the grantee will not grant or permit any exclusive right forbidden by section 308(a) of the Federal Aviation Act of 1958 (49 U.S.C. 1349(a)) at the airport, or at any other airport now owned or controlled by it.

(e) That is furtherance of the policy of the FAA under this covenant the grantee

(1) Agrees that, unless authorized by the Administrator, it will not, either directly or indirectly, grant or permit any person, firm, or corporation the exclusive right at the airport, or at any other airport now owned or controlled by it, to conduct any aeronautical activities, including, but not limited to, charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products

93-037 0-87- -6

whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity;

(2) Agrees that it will terminate any existing exclusive right to engage in the sale of gasoline or oil, or both, granted before July 17, 1962, at such an airport, at the earliest renewal, cancellation, or expiration date applicable to the agreement that established the exclusive right; and

(3) Agrees that it will terminate forthwith any other exclusive right to conduct any aeronautical activity now existing at such an airport.

(f) That any later transfer of the property interest conveyed will be subject to the covenants and conditions in the instrument of conveyance.

(g) That, if the covenant to develop the property interest (or any part thereof) for airport purposes within the time specified in paragraph (a) of this section is breached, or if the property interest (or any part thereof) is not used in a manner consistent with paragraph (a) of this section or the terms of the conveyance, the Administrator may give notice to the grantee requiring him to take specified action, within a fixed period, towards development or use as prescribed, as the case may be. These notices may be issued repeatedly, and outstanding notices may be amended or supplemented. Upon expiration of a period so fixed without completion by the grantee of the required action, the Administrator may, on behalf of the United States, enter, and take title to, the property interest conveyed or the particular part of that interest to which the breach relates.

(i) That a determination by the Administrator that one of the foregoing covenants has been breached is conclusive of the facts; and that, if the right of entry and possession of title stipulated in the foregoing covenants is exercised, the grantee will, upon demand of the Administrator, take any action (including prosecution of suit or executing of instruments) that may be necessary to evidence transfer to the United States of title to the property interest conveyed, or, in the Administrator's discretion, to that part of that interest to which the breach relates.

155.5 Property and releases covered by this part.

155.7 General policies.

155.9 Release from war or national emergency restrictions.

155.11 Form and content of requests for release.

155.13 Determinations by FAA.

AUTHORITY: 60 Stat. 170; sec. 10, 62 Stat. 453; secs. 313(a), 314, 601, 607, 72 Stat. 752; secs. 3, 4, 63 Stat. 700; 49 U.S.C. 1101-1119, 1159, 1354(a), 1355, 1421, 1427; 50 U.S.C. App. 1622(b), 1622(c).

SOURCE: Docket No. 1329, 27 FR 12361, Dec. 13, 1962, unless otherwise noted. § 155.1 Applicability.

This part applies to releases from terms, conditions, reservations, or restrictions in any deed, surrender of leasehold, or other instrument of transfer or conveyance (in this part called “instrument of disposal") by which some right, title, or interest of the United States in real or personal property was conveyed to a non-Federal public agency under section 13 of the Surplus Property Act of 1944 (58 Stat. 765; 61 Stat. 678) to be used by that agency in developing, improving, operating, or maintaining a public airport or to provide a source of revenue from non-aviation business at a public airport.