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

(a) General authority. (1) The Secretary of Transportation may waive a transfer term without charge if the property no longer serves the purpose for which it was transferred, or if the waiver will not prevent that purpose and is necessary to protect or advance United States civil-aviation interests. (2) The Secretary must waive a term under paragraph (1) on terms the Secretary considers necessary to protect or advance those interests. (b) Waivers and added terms on request. At the request of the Secretary of Transportation or the Secretary of a military department, an executive-branch department, agency, instrumentality, or wholly owned Government corporation may waive a term required by section 47152 or add another term if the appropriate Secretary decides this is necessary to protect or advance United States civil-aviation interests or for national defense. (c) Limits on waivers. Despite subsections (a) and (b), the Secretary may not waive a term requiring land to be used for an aeronautical purpose unless the Secretary gives public notice at least 30 days before the waiver and determines that it will not significantly impair an 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.