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
This section sets terms for transferring surplus property interests for airport use. It protects airport use, public access, government emergency rights, and allows the property interest to return to the Government if a term is not met.
Except as section 47153 provides, these terms apply to a surplus-property transfer under this subchapter. (1) The recipient—a State, State political subdivision, or tax-supported organization—may use, lease, salvage, or dispose of the interest for a nonairport purpose only after the Secretary gives written consent. The Secretary must find that doing so will not materially and adversely affect development, improvement, operation, or maintenance of the airport where the property is located. (2) The interest must be used and maintained for public use and benefit without unreasonable discrimination. (3) No person may receive an exclusive right that keeps others in the same class from using the airport to conduct an aeronautical activity requiring aircraft operations, or to sell or supply aircraft, aircraft accessories, equipment, supplies other than gasoline and oil, or aircraft services needed to operate aircraft, including maintenance and repair of aircraft, engines, propellers, and appliances. (4) The recipient must clear and protect the airport’s aerial approaches by reducing existing airport hazards and preventing future ones. (5) During a national emergency declared by the President or Congress, the United States may use, control, or possess any part of the public airport without charge. It must pay all maintenance costs for the part it exclusively uses, controls, or possesses; pay a reasonable share, consistent with its use, of maintenance costs for property it uses or controls or possesses nonexclusively; and pay fair rent for airport improvements made without Government assistance when it uses, controls, or possesses them. (6) The Government may use the airport’s landing area nonexclusively without charge. The Secretary may limit that use when necessary to prevent unreasonable interference with other authorized aircraft. The Government must pay a reasonable share of landing-area maintenance and operating costs, consistent with its use, and must pay damage caused by its substantial use. (7) The recipient must release the Government from liability for damages under an agreement allowing Government use of any part of an airport the recipient owns, controls, or operates, when the property is on, next to, or connected with that airport. (8) If a term in this section is not satisfied, the Government may choose to have the affected part of the property interest return to the Government in the condition it is then in.
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:
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.
The interest shall be used and maintained for public use and benefit without unreasonable discrimination.
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—
to conduct an aeronautical activity requiring the operation of aircraft; or
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).
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.
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—
pay the entire cost of maintaining the part of the airport it exclusively uses, controls, or possesses during the emergency;
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
pay a fair rental for use, control, or possession of improvements to the airport made without Government assistance.
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—
contribute a reasonable share, consistent with the Government’s use, of the cost of maintaining and operating the landing area; and
pay for damages caused by its use of the landing area if its use of the landing area is substantial.
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.
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.)
- 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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