PRIA, Government Policy, Made Personal

Summary

When a State, local government, or tax-supported group accepts surplus airport property, they must follow these rules unless section 47153 says otherwise. They can only use, lease, salvage, or dispose of the property for non-airport purposes after the Secretary of Transportation gives written permission that doing so will not harm the airport’s development, improvement, operation, or maintenance. The property must be kept for public use without unfair discrimination. No one can get an exclusive right that stops others in the same group from doing flying-related businesses or selling aircraft parts, equipment, or services (sales of gasoline and oil are allowed). The recipient must clear and protect the airport’s aerial approaches and fix or prevent hazards. If they break these terms, the Government can take back the property as it then exists. During a national emergency declared by the President or Congress, the United States Government may use, control, or take parts of the airport without charge. In that case the Government must pay all maintenance costs for areas it exclusively uses, pay a fair share for areas it uses nonexclusively, and pay fair rent for improvements it did not help pay for. The Government also has nonexclusive use of the landing area without charge, though the Secretary may limit that use to avoid unreasonable interference. The Government must share maintenance costs and pay for damages if its use is substantial. The recipient must release the Government from liability for damages arising from agreements that allow Government use.

Title 49, §47152

Transportation, Source: USLM XML via OLRC

Except as provided in section 47153 of this title, the following terms apply to a conveyance of an interest in surplus property under this subchapter:

(1)A State, political subdivision of a State, or tax-supported organization receiving the interest may use, lease, salvage, or dispose of the interest for other than airport purposes only after the Secretary of Transportation gives written consent that the interest can be used, leased, salvaged, or disposed of without materially and adversely affecting the development, improvement, operation, or maintenance of the airport at which the property is located.

(2)The interest shall be used and maintained for public use and benefit without unreasonable discrimination.

(3)A right may not be vested in a person, excluding others in the same class from using the airport at which the property is located—

(A)to conduct an aeronautical activity requiring the operation of aircraft; or

(B)to engage in selling or supplying aircraft, aircraft accessories, equipment, or supplies (except gasoline and oil), or aircraft services necessary to operate aircraft (including maintaining and repairing aircraft, aircraft engines, propellers, and appliances).

(4)The State, political subdivision, or tax-supported organization accepting the interest shall clear and protect the aerial approaches to the airport by mitigating existing, and preventing future, airport hazards.

(5)During a national emergency declared by the President or Congress, the United States Government is entitled to use, control, or possess, without charge, any part of the public airport at which the property is located. However, the Government shall—

(A)pay the entire cost of maintaining the part of the airport it exclusively uses, controls, or possesses during the emergency;

(B)contribute a reasonable share, consistent with the Government’s use, of the cost of maintaining the property it uses nonexclusively, or over which the Government has nonexclusive control or possession, during the emergency; and

(C)pay a fair rental for use, control, or possession of improvements to the airport made without Government assistance.

(6)The Government is entitled to the nonexclusive use, without charge, of the landing area of an airport at which the property is located. The Secretary may limit the use of the landing area if necessary to prevent unreasonable interference with use by other authorized aircraft. However, the Government shall—

(A)contribute a reasonable share, consistent with the Government’s use, of the cost of maintaining and operating the landing area; and

(B)pay for damages caused by its use of the landing area if its use of the landing area is substantial.

(7)The State, political subdivision, or tax-supported organization accepting the interest shall release the Government from all liability for damages arising under an agreement that provides for Government use of any part of an airport owned, controlled, or operated by the State, political subdivision, or tax-supported organization on which, adjacent to which, or in connection with which, the property is located.

(8)When a term under this section is not satisfied, any part of the interest in the property reverts to the Government, at the option of the Government, as the property then exists.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4715249 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.:1622(g)(2).Oct. 3, 1944, ch. 479, 58 Stat. 765, § 13(g)(2); added July 30, 1947, ch. 404, § 2, 61 Stat. 678; Oct. 1, 1949, ch. 589, § 1, 63 Stat. 700; Aug. 23, 1958, Pub. L. 85–726, § 1402(c), 72 Stat. 807. In this section, before paragraph (1), the words “conditions, reservations, and restrictions” and “the authority of” are omitted as surplus. In paragraph (1), the words “A State, political subdivision of a State, or tax-supported organization receiving the interest” are substituted for “grantee or transferee” for clarity. The words “sold” and “disposed of under the authority of this subsection” are omitted as surplus. In paragraph (2), the words “transferred for airport purposes” are omitted as surplus. In paragraph (3), before clause (A), the words “For the purpose of this condition, an exclusive right is defined to mean” and “any exclusive right to” are omitted because of the restatement. The words “exclusive” and “(either directly or indirectly)” are omitted as surplus. The words “or persons” are omitted because of 1:1. The words “disposed of” are omitted as surplus. In clause (A), the word “particular” is omitted as surplus. In paragraph (4), the words “removing, lowering, relocating, marking, or lighting or otherwise” and “the establishment or creation of” are omitted as surplus. In paragraphs (5)–(7), the words “or used” are omitted as surplus. In paragraph (5), before clause (A), the words “exclusive or nonexclusive” and “as it may desire” are omitted as surplus. In clause (A), the word “pay” is substituted for “be responsible for” to eliminate unnecessary words. The words “during the emergency” are substituted for “during the period of such use, possession, or control” to eliminate unnecessary words and for clarity. In clause (B), the words “be obligated to” are omitted as surplus. The words “during the emergency” are added for clarity. In clause (C), the words “exclusively or nonexclusively” are omitted as surplus. In paragraph (6), before clause (A), the words “as may be determined at any time” are omitted as surplus. In clause (B), the words “be obligated to” are omitted as surplus. In paragraph (7), the words “The State, political subdivision, or tax-supported organization accepting the interest” are substituted for “Any public agency accepting a conveyance or transfer of surplus property under the provisions of this subsection” to eliminate unnecessary words and for consistency in this section. The words “any and . . . it may be under for restoration or other . . lease or other” are omitted as surplus. The text of 50 App.:1622(g)(2)(G) (proviso) is omitted because 49 App.:1116 was repealed by section 52(a) of the Airport and Airway Development Act of 1970 (Public Law 91–258, 84 Stat. 235). Paragraph (8) is substituted for 50 App.:1622(g)(2)(H) to eliminate unnecessary words.

Editorial Notes

Amendments

2000—Pub. L. 106–181 substituted “conveyances” for “gifts” in section catchline and “conveyance” for “gift” in introductory provisions.

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.

§47152 Terms of Conveyances