49 U.S.C. § 47304 — Transfer of airport and airway property

(a) General authority. When the government of a foreign country or an international organization requests it, the Secretary of Transportation or Commerce, as appropriate, may transfer to that government or organization airport property and airway property that the appropriate Secretary operates and maintains under this chapter in foreign territory. The transfer must use terms the appropriate Secretary considers proper, including consideration agreed on through negotiations with the government or organization. (b) Property installed or controlled by the military. Subject to terms agreed by the parties, the Secretary of a military department may transfer, without charge, airport property and airway property, except meteorological facilities, to the Secretary of Transportation, and meteorological facilities to the Secretary of Commerce, if the military-department Secretary installed or controls the property in territory outside the continental United States. The transfer may be made only if it is consistent with national-defense needs, the military-department Secretary finds that the property or facility is no longer needed exclusively for military purposes, and the Secretary of Transportation or Commerce, as appropriate, decides that the transfer is or may be necessary to carry out this chapter. (c) Republic of Panama. (1) The Secretary of Transportation may provide, operate, and maintain facilities and services for air navigation, airway communications, and air traffic control in the Republic of Panama, subject to (A) approval by the Secretary of Defense and (B) every obligation assumed by the United States Government under an agreement between the Government and the Republic of Panama. (2) The Secretary of a military department may transfer, without charge, property located in the Republic of Panama to the Secretary of Transportation when the Secretary of Transportation decides that the property may be useful in carrying out this chapter. (3) Subsection (b) of this section, as it relates to the Secretary of Transportation, and section 47302(a) and (b) of this title do not apply when carrying out this subsection. (d) Retaking property for a military requirement. (1) When necessary for a military requirement, the Secretary of a military department may immediately retake property, including any improvements to it, that the Secretary transferred under subsection (b) or (c). The Secretary must pay reasonable compensation to each person, or that person's successor in interest, who made an improvement to the property if the improvement was not made at the Government's expense. The Secretary or the Secretary's delegate decides the amount of compensation. (2) On the recommendation of the Secretary of Transportation or Commerce, as appropriate, the Secretary of a military department may decide not to retake the property under paragraph (1).