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Sponsor must decide and interpret the provisions of its
Airport owners should be encouraged to accomplish necessary develop-
No FAA representative should depart from the established policy of the FAA which is:
To participate under the Federal Airport Act only in those
(2) To exclude from the Federal-aid Airport Program any item of
CHAPTER 2. ELIGIBILITY
SECTION 1. SPONSOR ELIGIBILITY
The eligibility of public agencies as Sponsors of Projects in the Federal-aid Airport Program is covered by Part 550.2 of the Regulations. This chapter gives further interpretations and policies concerning the points of sponsor eligibility.
34. PUBLIC AGENCY. A sponsor must be a "public agency," such as the U. S. Government or an agency thereof; a state, Puerto Rico, and the
Virgin Islands, or an agency of any of them; a municipality or other
In addition, the sponsor must be financially able to perform all the
BASIC LEGAL MEMORANDUM. The legal power, authority and eligibility of
COSPONSORS. Where two or more sponsors join in sponsorship of a project, whether they are in the same or in adjoining states, the Regional Legal Office will be requested to make an independent legal review, and furnish an opinion as to the eligibility of each sponsor. Each sponsor shall meet the eligibility requirements of Part 550.2 of the Regulations.
37. SPONSOR'S LEGAL OPINION. An opinion of the sponsor's attorney as to the powers of the sponsor will be required only in cases in which the Regional Legal Office or the General Counsel may feel that the opinion of the sponsor's attorney as to some particular question would assist in determining the eligibility of the sponsor.
AGENCY. If a public agency so desires and such action is required or
An agency agreement, in order to be found satisfactory, must be consistent
NATIONAL PARKS, FORESTS, MONUMENTS, ETC. The Act and the Regulations
NEW OR REPLACEMENT AIRPORTS. Construction of new airports should be
An airport serving the community can no longer efficiently and safely accommodate all types of operations due to total volume. Annual air carrier operations in excess of 30,000 will be used as a guide to determine when a study should be made as to whether a separate airport is needed for general aviation,
There is no existing airport with the capacity or potential for development to serve the anticipated aeronautical requirements of the area. GUIDES FOR FAAP PARTICIPATION IN REPLACEMENT AIRPORTS. The following is a statement of the general requirements and policy guides governing Federal participation in the construction of replacement airports.
(1) As a condition precedent to FAAP participation in a replacement airport, it will be necessary for the FAA to make the determination that the Government's interest in the development and improvement of a nationwide system of public airports requires the development of a new replacement airport rather than the improvement of the existing airport.
Accordingly, any recommendation for programming a replacement
(2) If the sponsor proceeds with the development of a new replacement
(3) The Administrator's consent for the sale, other disposal, or nonairport use of the old airport will not be given until: (1) the airport owner's obligation to the Federal Government relative to the operation and maintenance of such airport has been transferred to the replacement airport, or (2) the replacement airport has been made subject to a Grant Agreement, or (3) the airport owner agrees that it will transfer to the replacement airport, when it is developed and placed in operation, any existing obligations of the airport owner to the Federal Government relative to operation and maintenance of the existing airport. Additionally, the Administrator's consent to the sale, other disposal, or nonairport use of the old airport will not be given until: (1) the replacement airport has been developed and placed in operation, or (2) he is satisfied that disposition of such airport may be made without adversely affecting the needs of civil aviation in the area pending development of the replacement airport.
b. Policy Guides:
The policy guides which are to be followed in considering and determining whether there should be any reduction in the amount of Federal participation in the development of a replacement airport under a Federal-aid Airport project because of previous Federal expenditures in the existing airport are set forth below:
(1) Where no FAAP funds have been expended for land acquisition in the existing airport, full FAAP matching funds may be authorized in the development of a replacement airport regardless of whether the existing airport (1) was developed under a relief program, such as WPA; or (2) was developed under the DCLA or DLAND Programs; or (3) is a surplus airport disposed of without monetary consideration under the Surplus Property Program; or (4) received FAAP funds for the development or improvement of facilities located thereon.
(2) Where FAAP funds have been expended on the existing airport to acquire land for airport purposes, FAAP fund participation will be limited to that portion of the cost of the replacement airport in excess of the total cost (Federal share plus sponsor's share) of such land acquisition. (See Paragraph 138, AS P