49 U.S.C. § 47153 — Waiving and adding terms

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 302 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Transportation can excuse a term of a surplus-property transfer if the property no longer serves its original purpose, or if doing so helps national civil aviation interests. Other federal agencies can also waive or add terms at the Secretary's request. But excusing a requirement that land be used for aviation needs 30 days' public notice and specific findings first.

(a) General Authority. (1) The Secretary of Transportation can excuse, at no charge, a term on a surplus-property transfer if the Secretary decides either (A) the property no longer serves the purpose it was conveyed for, or (B) excusing the term won't stop that purpose from being carried out and is needed to advance the nation's civil aviation interests. (2) The Secretary must excuse a term under (1) on whatever conditions the Secretary considers necessary to protect or advance the nation's civil aviation interests. (b) Waivers and Inclusion of Additional Terms on Request. If the Secretary of Transportation or a military department's Secretary asks, a federal department, agency, or instrumentality (or a government-owned corporation) can excuse a term required by section 47152, or add a new term, if the requesting Secretary decides it's needed to protect or advance the nation's civil aviation or national defense interests. (c) Restrictions on Waiver. Even so, the Secretary can't excuse a rule that land must be used for an aeronautical purpose unless (1) the Secretary first gives the public at least 30 days' notice, and (2) the Secretary decides the waiver (A) won't seriously impair the airport's aeronautical purpose, (B) won't permanently close an airport (unless it will directly help build a replacement airport), or (C) is needed to protect or advance the nation's civil aviation interests.

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

(a)General Authority.—

(1)

The Secretary of Transportation may waive, without charge, a term of a conveyance of an interest in property under this subchapter if the Secretary decides that—

(A)

the property no longer serves the purpose for which it was conveyed; or

(B)

the waiver will not prevent carrying out the purpose for which the conveyance was made and is necessary to advance the civil aviation interests of the United States.

(2)

The Secretary of Transportation shall waive a term under paragraph (1) of this subsection on terms the Secretary considers necessary to protect or advance the civil aviation interests of the United States.

(b)Waivers and Inclusion of Additional Terms on Request.—

On request of the Secretary of Transportation or the Secretary of a military department, a department, agency, or instrumentality of the executive branch of the United States Government or a wholly owned Government corporation may waive a term required by section 47152 of this title or add another term if the appropriate Secretary decides it is necessary to protect or advance the interests of the United States in civil aviation or for national defense.

(c)Restrictions on Waiver.—

Notwithstanding subsections (a) and (b), the Secretary may not waive any term under this section that an interest in land be used for an aeronautical purpose unless—

(1)

the Secretary provides public notice not less than 30 days before the issuance of a waiver; and

(2)

the Secretary determines that such waiver—

(A)

will not significantly impair the aeronautical purpose of an airport;

(B)

will not result in the permanent closure of an airport (unless the Secretary determines that the waiver will directly facilitate the construction of a replacement airport); or

(C)

is necessary to protect or advance the civil aviation interests of the United States.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1280; Pub. L. 106–181, title I, §§ 125(d), 135(d)(3), Apr. 5, 2000, 114 Stat. 76, 85; Pub. L. 118–63, title VII, § 719(b)(2), May 16, 2024, 138 Stat. 1261.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-272 · 108 Stat. 1280
2000Amended · Pub. L. 106-181 · 114 Stat. 76, 85
2024Amended · Pub. L. 118-63 · 138 Stat. 1261

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

all 0 arguments · sorted by: best

no arguments yet — make the first case