§47153 — Title 49 Transportation | U.S. Code

Summary

The Transportation Secretary can cancel a rule in a government property transfer for free if the land no longer serves its original purpose or if removing the rule won't stop the transfer’s purpose and is needed to help U.S. civil aviation. When the Secretary cancels a rule, they must add whatever conditions are needed to protect or promote civil aviation. If the Transportation Secretary or a military secretary asks, another federal agency or a wholly owned government corporation may also remove or add required rules when the agency head finds it necessary for civil aviation or national defense. The Secretary cannot lift a rule that requires land be used for aviation unless the Secretary gives at least 30 days’ public notice and finds the change won’t seriously harm airport use, won’t permanently close an airport (unless it helps build a replacement), or is needed to protect or advance U.S. civil aviation.

Title 49, §47153

Transportation — Source: USLM XML via OLRC

(a)(1)The Secretary of Transportation may waive, without charge, a term of a conveyance of an interest in property under this subchapter if the Secretary decides that—

(A)the property no longer serves the purpose for which it was conveyed; or

(B)the waiver will not prevent carrying out the purpose for which the conveyance was made and is necessary to advance the civil aviation interests of the United States.

(2)The Secretary of Transportation shall waive a term under paragraph (1) of this subsection on terms the Secretary considers necessary to protect or advance the civil aviation interests of the United States.

(b)On request of the Secretary of Transportation or the Secretary of a military department, a department, agency, or instrumentality of the executive branch of the United States Government or a wholly owned Government corporation may waive a term required by section 47152 of this title or add another term if the appropriate Secretary decides it is necessary to protect or advance the interests of the United States in civil aviation or for national defense.

(c)Notwithstanding subsections (a) and (b), the Secretary may not waive any term under this section that an interest in land be used for an aeronautical purpose unless—

(1)the Secretary provides public notice not less than 30 days before the issuance of a waiver; and

(2)the Secretary determines that such waiver—

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

(B)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

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

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 47153(a)49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. 50 App.:1622c.Oct. 1, 1949, ch. 589, § 4, 63 Stat. 700; Aug. 23, 1958, Pub. L. 85–726, § 1402(c), 72 Stat. 807. 47153(b)49 App.:1655(c)(1). 50 App.:1622(g)(3).Oct. 3, 1944, ch. 479, 58 Stat. 765, § 13(g)(3); added July 30, 1947, ch. 404, § 2, 61 Stat. 680; Aug. 23, 1958, Pub. L. 85–726, § 1402(c), 72 Stat. 807. In subsection (a), before clause (1), the words “Notwithstanding any other provision of law” and “further” are omitted as surplus. The word “waive” is substituted for “grant releases from” and “and to convey, quitclaim, or release any right or interest reserved to the United States by” to eliminate unnecessary words. The words “a term of a gift of an interest in property under this subchapter” are substituted for “any of the terms, conditions, reservations, and restrictions contained in . . . any such instrument of disposal” for clarity and consistency. In clause (1), the words “transferred by such instrument” are omitted as surplus. In clause (2), the text of 50 App.:1622c (last proviso) is omitted as executed. The words “protect or” are omitted as surplus. In subsection (b), the words “In making any disposition of surplus property under this subsection” are omitted as surplus. The words “Secretary of a military department” are substituted for “the Secretary of the Army, or the Secretary of the Navy” for consistency with other titles of the United States Code and to eliminate unnecessary words. The words “Secretary of the Army” are substituted for “Secretary of War” in section 13(g)(3) of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501). The Secretary of the Air Force is included in “Secretary of a military department” because of section 207(a) and (f) of the National Security Act of 1947 (ch. 343, 61 Stat. 502, 503). The word “waive” is substituted for “omit from the instrument of disposal” to eliminate unnecessary words and for consistency in this subchapter. The words “conditions, reservations, and restrictions” are omitted as surplus.

Editorial Notes

Amendments

2024—Subsec. (c). Pub. L. 118–63 added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: “Notwithstanding subsections (a) and (b), before the Secretary may waive any term imposed under this section that an interest in land be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before waiving such term.” 2000—Subsec. (a)(1). Pub. L. 106–181, § 135(d)(3), substituted “conveyance” for “gift” in introductory provisions and subpar. (B) and “conveyed” for “given” in subpar. (A). Subsec. (c). Pub. L. 106–181, § 125(d), added subsec. (c).

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 section 125(d) of 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.

§47153 Waiving and adding terms