49 U.S.C. § 47152 — Terms of conveyances

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 511 words · no verdicts yet

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This law sets rules for property the government gives away for airport use. The receiver must use it for the public, protect the airport's approach paths, let others compete for aviation business there, and let the government use it for free during a national emergency. If the receiver breaks a rule, the government can take the property back.

This section lists the terms that apply to a surplus-property transfer under this subchapter, unless section 47153 says otherwise. (1) The state, local government, or tax-supported group that receives the property can only use it for something other than airport purposes, or lease, salvage, or get rid of it, if the Secretary first gives written permission — and only if doing so won't seriously and badly affect the airport's development, improvement, operation, or maintenance. (2) The property must be used and kept up for the public's use and benefit, without unreasonable discrimination. (3) No one person can get a right that shuts out others in the same category from using the airport to (A) fly aircraft for an aeronautical activity, or (B) sell or supply aircraft, aircraft parts, equipment, or supplies (except gas and oil), or services needed to operate aircraft (including maintaining and repairing aircraft, engines, propellers, and other equipment). (4) The group that takes the property must clear and protect the airport's approach paths — fixing existing hazards and stopping new ones. (5) If the President or Congress declares a national emergency, the federal government can use, control, or take over any part of the airport without paying rent. But the government must (A) pay the full cost of maintaining any part it uses exclusively, (B) pay a reasonable share of maintenance costs, matching its use, for parts it uses along with others, and (C) pay fair rent for using improvements at the airport that the government didn't help pay for. (6) The government can use the airport's landing area for free, without exclusive rights, though the Secretary can limit that use to avoid unreasonable interference with other authorized aircraft. Still, the government must (A) pay a reasonable share, matching its use, of the cost to maintain and run the landing area, and (B) pay for damage its use causes, if that use is substantial. (7) The group taking the property must release the government from all liability for damages arising under any agreement letting the government use part of an airport the group owns, controls, or operates. (8) If a term under this section isn't satisfied, any part of the property interest reverts to the government, at the government's choice, in whatever condition it's then in.

the actual law source: uscode.house.gov ↗public domain

Except as provided in section 47153 of this title, the following terms apply to a conveyance of an interest in surplus property under this subchapter:

(1)

A State, political subdivision of a State, or tax-supported organization receiving the interest may use, lease, salvage, or dispose of the interest for other than airport purposes only after the Secretary of Transportation gives written consent that the interest can be used, leased, salvaged, or disposed of without materially and adversely affecting the development, improvement, operation, or maintenance of the airport at which the property is located.

(2)

The interest shall be used and maintained for public use and benefit without unreasonable discrimination.

(3)

A right may not be vested in a person, excluding others in the same class from using the airport at which the property is located—

(A)

to conduct an aeronautical activity requiring the operation of aircraft; or

(B)

to engage in selling or supplying aircraft, aircraft accessories, equipment, or supplies (except gasoline and oil), or aircraft services necessary to operate aircraft (including maintaining and repairing aircraft, aircraft engines, propellers, and appliances).

(4)

The State, political subdivision, or tax-supported organization accepting the interest shall clear and protect the aerial approaches to the airport by mitigating existing, and preventing future, airport hazards.

(5)

During a national emergency declared by the President or Congress, the United States Government is entitled to use, control, or possess, without charge, any part of the public airport at which the property is located. However, the Government shall—

(A)

pay the entire cost of maintaining the part of the airport it exclusively uses, controls, or possesses during the emergency;

(B)

contribute a reasonable share, consistent with the Government’s use, of the cost of maintaining the property it uses nonexclusively, or over which the Government has nonexclusive control or possession, during the emergency; and

(C)

pay a fair rental for use, control, or possession of improvements to the airport made without Government assistance.

(6)

The Government is entitled to the nonexclusive use, without charge, of the landing area of an airport at which the property is located. The Secretary may limit the use of the landing area if necessary to prevent unreasonable interference with use by other authorized aircraft. However, the Government shall—

(A)

contribute a reasonable share, consistent with the Government’s use, of the cost of maintaining and operating the landing area; and

(B)

pay for damages caused by its use of the landing area if its use of the landing area is substantial.

(7)

The State, political subdivision, or tax-supported organization accepting the interest shall release the Government from all liability for damages arising under an agreement that provides for Government use of any part of an airport owned, controlled, or operated by the State, political subdivision, or tax-supported organization on which, adjacent to which, or in connection with which, the property is located.

(8)

When a term under this section is not satisfied, any part of the interest in the property reverts to the Government, at the option of the Government, as the property then exists.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1279; Pub. L. 106–181, title I, § 135(d)(2), Apr. 5, 2000, 114 Stat. 85.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-272 · 108 Stat. 1279
2000Amended · Pub. L. 106-181 · 114 Stat. 85

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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