49 U.S.C. § 47125 — Conveyances of United States Government land

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 624 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Transportation can ask federal agencies to transfer land to a public airport for a project. This rule doesn't apply to national parks, wildlife refuges, national forests, or Indian reservations. The Secretary can also waive old deed conditions on airport land if strict conditions are met.

(a) Conveyances to Public Agencies. Except as subsection (b) says otherwise, if a federal agency owns or controls land or airspace needed for an airport project, to run a public airport, or for future airport development under the national airport plan, the Secretary must ask that agency to transfer it to the public agency that sponsors or owns the airport. The agency has up to 4 months to decide whether the transfer fits its own needs and must tell the Secretary its decision. If it does fit, the agency — with the Attorney General's approval and at no cost to the government — must make the transfer. The government can take the land back if it stops being developed or used for airport purposes consistent with the transfer. Before waiving the requirement that the land be used for aviation, the Secretary must give the public at least 30 days' notice. (b) Nonapplication. Except where another law specifically says otherwise, subsection (a) does not apply to federal land or airspace inside: a national park, monument, recreation area, or similar National Park Service site; a National Wildlife Refuge System unit or similar Fish and Wildlife Service site; or a national forest or Indian reservation. (c) Waiving Restrictions. (1) In general. The Secretary may waive terms, conditions, or restrictions in a deed that transferred federal land to an airport, city, or county for airport use — whether that deed came from the Federal Airport Act, the Airport and Airway Development Act of 1970, or this section. (2) Conditions. Any such waiver requires: the airport, city, or county to agree that if it later transfers the land, it will get fair market value for it; that money to be spent only on developing, improving, running, or maintaining a public airport; the waiver must not seriously hurt the airport's aviation purpose, must not permanently close the airport (unless the Secretary finds it will help build a replacement airport), or must be needed to protect U.S. civil aviation interests; and the Secretary may add other conditions. (3) Annual reporting. The Secretary must list and describe every waiver granted under paragraph (1) in the report required by section 47103.

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

(a)Conveyances to Public Agencies.—

Except as provided in subsection (b) of this section, the Secretary of Transportation shall request the head of the department, agency, or instrumentality of the United States Government owning or controlling land or airspace to convey a property interest in the land or airspace to the public agency sponsoring the project or owning or controlling the airport when necessary to carry out a project under this subchapter at a public airport, to operate a public airport, or for the future development of an airport under the national plan of integrated airport systems. The head of the department, agency, or instrumentality shall decide whether the requested conveyance is consistent with the needs of the department, agency, or instrumentality and shall notify the Secretary of that decision not later than 4 months after receiving the request. If the head of the department, agency, or instrumentality decides that the requested conveyance is consistent with its needs, the head of the department, agency, or instrumentality, with the approval of the Attorney General and without cost to the Government, shall make the conveyance. A conveyance may be made only on the condition that the property interest conveyed reverts to the Government, at the option of the Secretary, to the extent it is not developed for an airport purpose or used consistently with the conveyance. Before waiving a condition that property be used for an aeronautical purpose under the preceding sentence, the Secretary must provide notice to the public not less than 30 days before waiving such condition.

(b)Nonapplication.—

Except as specifically provided by law, subsection (a) of this section does not apply to land or airspace owned or controlled by the Government within—

(1)

a national park, national monument, national recreation area, or similar area under the administration of the National Park Service;

(2)

a unit of the National Wildlife Refuge System or similar area under the jurisdiction of the United States Fish and Wildlife Service; or

(3)

a national forest or Indian reservation.

(c)Waiving Restrictions.—

(1)In general.—

Subject to paragraph (2), the Secretary may grant to an airport, city, or county a waiver of any of the terms, conditions, reservations, or restrictions contained in a deed under which the United States conveyed to the airport, city, or county an interest in real property for airport purposes pursuant to section 16 of the Federal Airport Act (60 Stat. 179), section 23 of the Airport and Airway Development Act of 1970 (84 Stat. 232), or this section.

(2)Conditions.—

Any waiver granted by the Secretary pursuant to paragraph (1) shall be subject to the following conditions:

(A)

The applicable airport, city, county, or other political subdivision shall agree that in conveying any interest in the real property which the United States conveyed to the airport, city, or county, the airport, city, or county will receive consideration for such interest that is equal to its current fair market value.

(B)

Any consideration received by the airport, city, or county under subparagraph (A) shall be used exclusively for the development, improvement, operation, or maintenance of a public airport by the airport, city, or county.

(C)

Such waiver—

(i)

will not significantly impair the aeronautical purpose of an airport;

(ii)

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

(iii)

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

(D)

Any other conditions required by the Secretary.

(3)Annual reporting.—

The Secretary shall include a list and description of each waiver granted pursuant to paragraph (1) in the plan required under section 47103.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1276; Pub. L. 106–181, title I, § 125(b), Apr. 5, 2000, 114 Stat. 75; Pub. L. 118–63, title VII, § 719(a), May 16, 2024, 138 Stat. 1260.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-272 · 108 Stat. 1276
2000Amended · Pub. L. 106-181 · 114 Stat. 75
2024Amended · Pub. L. 118-63 · 138 Stat. 1260

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