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

(a) General Authority. When a foreign government or international organization asks, the Secretary of Transportation or Commerce, whichever applies, may transfer to it airport property and airway property that Secretary operates and maintains under this chapter in foreign territory. The transfer happens on terms that Secretary considers proper, which can include payment agreed on through negotiation. (b) Property Installed or Controlled by Military. Subject to terms the parties agree to, a military department's Secretary may transfer without charge to the Secretary of Transportation airport property and airway property (except meteorological facilities), and to the Secretary of Commerce meteorological facilities, that the military department installed or controls in territory outside the continental United States. This may happen if it fits national defense needs and (1) the military department's Secretary finds the property is no longer required exclusively for military purposes, and (2) the Secretary of Transportation or Commerce decides 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 air navigation, airway communications, and air traffic control facilities and services in the Republic of Panama, subject to (A) the Secretary of Defense's approval, and (B) every obligation the United States Government has assumed under an agreement with Panama. (2) A military department's Secretary may transfer property in Panama to the Secretary of Transportation without charge, if the Secretary of Transportation decides the transfer may be useful in carrying out this chapter. (3) Subsection (b) (as it relates to the Secretary of Transportation) and section 47302(a) and (b) do not apply here. (d) Retaking Property for Military Requirement. (1) When a military requirement makes it necessary, a military department's Secretary may immediately retake property (with any improvements) transferred under subsection (b) or (c). That Secretary must pay reasonable compensation to anyone (or their successor) who made an improvement to the property at their own expense, not the government's, and decides the amount of compensation. (2) On the recommendation of the Secretary of Transportation or Commerce, the military department's Secretary may decide not to retake the property.