§47125 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation must ask the head of any federal department or agency that owns or controls land or airspace to transfer a property interest to the public agency running or sponsoring an airport project when that land is needed for a project, to operate the airport, or for future airport development under the national plan of integrated airport systems. The agency head has 4 months to say yes or no. If they agree, and the Attorney General approves, they must make the transfer without costing the federal government anything. The transfer can say the land returns to the Government, at the Secretary’s choice, if it is not used or developed for airport purposes. The Secretary must give at least 30 days’ public notice before dropping that requirement. The rule does not apply to land or airspace inside national parks or similar areas run by the National Park Service, units of the National Wildlife Refuge System or similar Fish and Wildlife Service areas, national forests, or Indian reservations. The Secretary may also waive terms in older federal airport deeds or deeds made under this law (including section 16 of the Federal Airport Act and section 23 of the Airport and Airway Development Act of 1970). Any waiver must require fair market value if the airport or local government later sells the property, and that money must only be used for the public airport’s development, improvement, operation, or maintenance. A waiver must not seriously harm the airport’s aeronautical purpose, cause permanent closure unless it directly helps build a replacement airport, or must be needed to protect or advance U.S. civil aviation. The Secretary can add other conditions and must list all waivers in the plan under section 47103.

Title 49, §47125

Transportation — Source: USLM XML via OLRC

(a)Except as provided in subsection (b) of this section, the Secretary of Transportation shall request the head of the department, agency, or instrumentality of the United States Government owning or controlling land or airspace to convey a property interest in the land or airspace to the public agency sponsoring the project or owning or controlling the airport when necessary to carry out a project under this subchapter at a public airport, to operate a public airport, or for the future development of an airport under the national plan of integrated airport systems. The head of the department, agency, or instrumentality shall decide whether the requested conveyance is consistent with the needs of the department, agency, or instrumentality and shall notify the Secretary of that decision not later than 4 months after receiving the request. If the head of the department, agency, or instrumentality decides that the requested conveyance is consistent with its needs, the head of the department, agency, or instrumentality, with the approval of the Attorney General and without cost to the Government, shall make the conveyance. A conveyance may be made only on the condition that the property interest conveyed reverts to the Government, at the option of the Secretary, to the extent it is not developed for an airport purpose or used consistently with the conveyance. Before waiving a condition that property be used for an aeronautical purpose under the preceding sentence, the Secretary must provide notice to the public not less than 30 days before waiving such condition.

(b)Except as specifically provided by law, subsection (a) of this section does not apply to land or airspace owned or controlled by the Government within—

(1)a national park, national monument, national recreation area, or similar area under the administration of the National Park Service;

(2)a unit of the National Wildlife Refuge System or similar area under the jurisdiction of the United States Fish and Wildlife Service; or

(3)a national forest or Indian reservation.

(c)(1)Subject to paragraph (2), the Secretary may grant to an airport, city, or county a waiver of any of the terms, conditions, reservations, or restrictions contained in a deed under which the United States conveyed to the airport, city, or county an interest in real property for airport purposes pursuant to section 16 of the Federal Airport Act (60 Stat. 179), section 23 of the Airport and Airway Development Act of 1970 (84 Stat. 232), or this section.

(2)Any waiver granted by the Secretary pursuant to paragraph (1) shall be subject to the following conditions:

(A)The applicable airport, city, county, or other political subdivision shall agree that in conveying any interest in the real property which the United States conveyed to the airport, city, or county, the airport, city, or county will receive consideration for such interest that is equal to its current fair market value.

(B)Any consideration received by the airport, city, or county under subparagraph (A) shall be used exclusively for the development, improvement, operation, or maintenance of a public airport by the airport, city, or county.

(C)Such waiver—

(i)will not significantly impair the aeronautical purpose of an airport;

(ii)will not result in the permanent closure of an airport (unless the Secretary determines that the waiver will directly facilitate the construction of a replacement airport); or

(iii)is necessary to protect or advance the civil aviation interests of the United States.

(D)Any other conditions required by the Secretary.

(3)The Secretary shall include a list and description of each waiver granted pursuant to paragraph (1) in the plan required under section 47103.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 47125(a)49 App.:2215(a), (b).Sept. 3, 1982, Pub. L. 97–248, § 516, 96 Stat. 692. 47125(b)49 App.:2215(c). In subsection (a), the text of 49 App.:2215(a) (last sentence) is omitted as surplus because a “property interest in land or airspace” necessarily includes “title to . . . land or any easement through . . . airspace”. The words “when necessary” are substituted for “whenever the Secretary determines that use of any lands owned or controlled by the United States is reasonably necessary for”, and the words “for the future development” are substituted for “including lands reasonably necessary to meet future development”, to eliminate unnecessary words. The words “not later than 4 months after receiving the request” are substituted for “Upon receipt of a request from the Secretary under this section” and “within a period of four months after receipt of the Secretary’s request” for clarity and to eliminate unnecessary words. The words “make the conveyance” are substituted for “perform any acts and to execute any instruments necessary to make the conveyance requested”, and the words “that the property interest conveyed reverts to the Government . . . to the extent it is not” are substituted for “the property interest conveyed shall revert to the United States in the event that the lands in question are not” and “If only a part of the property interest conveyed is not developed for airport purposes, or used in a manner consistent with the terms of the conveyance, only that particular part shall, at the option of the Secretary, revert to the United States”, to eliminate unnecessary words. The words “the terms of” are omitted as surplus.

Editorial Notes

References in Text

section 16 of the Federal Airport Act, referred to in subsec. (c)(1), is section 16 of act

May 13, 1946, ch. 251, 60 Stat. 179, which is not classified to the Code. section 23 of the Airport and Airway Development Act of 1970, referred to in subsec. (c)(1), is section 23 of Pub. L. 91–258, title I,

May 21, 1970, 84 Stat. 232, which is not classified to the Code.

Amendments

2024—Subsec. (c). Pub. L. 118–63 added subsec. (c). 2000—Subsec. (a). Pub. L. 106–181 inserted at end “Before waiving a condition that property be used for an aeronautical purpose under the preceding sentence, the Secretary must provide notice to the public not less than 30 days before waiving such condition.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2000 AmendmentAmendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Construction

of 2000 AmendmentNothing in amendment by Pub. L. 106–181 to be construed to authorize Secretary of Transportation to issue waiver or make a modification referred to in such amendment, see section 125(e) of Pub. L. 106–181, set out as a note under section 47107 of this title. Release From Restrictions Pub. L. 112–95, title VIII, § 817, Feb. 14, 2012, 126 Stat. 127, as amended by Pub. L. 115–254, div. B, title I, § 141, Oct. 5, 2018, 132 Stat. 3211, which authorized the Secretary of Transportation to grant to an airport, city, or county a release from any of the terms, conditions, reservations, or restrictions contained in a deed under which the United States conveyed to the airport, city, or county an interest in real property for airport purposes, was repealed by Pub. L. 118–63, title VII, § 719(c)(2), May 16, 2024, 138 Stat. 1262. See subsec. (c) of this section.

§47125 Conveyances of United States Government land