§1442 — Title 43 Public Lands | U.S. Code

Summary

Leases under section 1441 must run no longer than 20 years and can be renewed for the same length if the Secretary of the Interior and the tenant agree. The lease must meet several rules: the tenant must pay an annual rent set by the Secretary of the Interior; keep and equip the land so it can serve as an airport at the rating the Administrator of the Federal Aviation Agency requires; make reasonable rules for airport use that take effect only with the FAA Administrator’s approval; let all U.S. departments and agencies that fly have free use and, with the Secretary of the Interior’s OK, build needed structures and fuel facilities; and allow the Secretary of the Army to take full control if the President needs the airport for military purposes.

Title 43, §1442

Public Lands — Source: USLM XML via OLRC

Any lease under section 1441 of this title shall be for a period not to exceed twenty years, subject to renewal for like periods upon agreement of the Secretary of the Interior and the lessee. Any such lease shall be subject to the following conditions:

(a)That an annual rental of such sum as the Secretary of the Interior may fix for the use of the lands shall be paid to the United States.

(b)That the lessee shall maintain the lands in such condition, and provide for the furnishing of such facilities, service, fuel, and other supplies, as are necessary to make the lands available for public use as an airport of a rating which may be prescribed by the Administrator of the Federal Aviation Agency.

(c)That the lessee shall make reasonable regulations to govern the use of the airport, but such regulations shall take effect only upon approval by the Administrator of the Federal Aviation Agency.

(d)That all departments and agencies of the United States operating aircraft (1) shall have free and unrestricted use of the airport, and (2) with the approval of the Secretary of the Interior, shall have the right to erect and install therein such structures and improvements as the heads of such departments and agencies deem advisable, including facilities for maintaining supplies of fuel, oil, and other materials for operating aircraft.

(e)That whenever the President may deem it necessary for military purposes, the Secretary of the Army may assume full control of the airport.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was previously classified to section 212 of former Title 49, Transportation.

Amendments

1958—Subsecs. (b), (c). Pub. L. 85–726, § 1402(a), substituted “Administrator of the Federal Aviation Agency” for “Civil Aeronautics Authority”. 1938—Subsecs. (b), (c). Act June 23, 1938, substituted “Civil Aeronautics Authority” for “Secretary of Commerce”.

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act

July 26, 1947, ch. 343, title II, 61 Stat. 501. section 205(a) of act

July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of a Secretary of the Army.

Effective Date

of 1958 Amendment Pub. L. 85–726, title XV, § 1505(2), Aug. 23, 1958, 72 Stat. 811, provided that the amendment made by Pub. L. 85–726 is effective on 60th day following date on which Administrator of Federal Aviation Agency first appointed under Pub. L. 85–726 qualifies and takes office. Administrator appointed, qualified, and took office Oct. 31, 1958.

Executive Documents

Transfer of Functions

For transfer of certain real property and functions relating to real property, insofar as they pertain to Air Force, from Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order No. 14 [§ 2(17)], eff. July 1, 1948.

§1442 Terms of lease; public lands for public airports