49 U.S.C. § 47151 — Authority to transfer an interest in surplus property

(a) General authority. Subject to sections 47152 and 47153, a department, agency, or instrumentality in the executive branch, or a wholly owned Government corporation, may transfer an interest in surplus property to a State, a State political subdivision, or a tax-supported organization. The Secretary of Transportation must decide that the interest is desirable for developing, improving, operating, or maintaining a public airport; reasonably necessary for its immediate or foreseeable future needs; or needed to develop revenue from nonaviation businesses at a public airport. The Administrator of General Services must approve the transfer and decide that the interest is not best suited for industrial use. (b) Enforcing compliance. Only the Secretary may enforce the transfer instrument. The Secretary may amend it to correct it or to make the transfer comply with law. (c) Property not transferred. Surplus property that could be used at a public airport but is not transferred under this subchapter must be disposed of under other applicable law. (d) Waiving a condition. The Secretary may not waive a condition requiring property transferred under subsection (a) to be used for an aeronautical purpose unless the Secretary gives public notice at least 30 days before issuing the waiver and determines that the waiver will not significantly impair the airport’s aeronautical purpose; will not permanently close an airport, unless it will directly help construct a replacement airport; or is necessary to protect or advance United States civil-aviation interests. (e) Public-agency requests. Except for a request from another executive-branch department, agency, or instrumentality, the department, agency, or instrumentality must give priority consideration to a public agency’s request for surplus property described in subsection (a) for use at a public airport. “Public airport” and “public agency” are not defined in this section; the section points to section 47102 for those terms.