§47304 — Title 49 Transportation | U.S. Code

Summary

The government can transfer airport and airway property it runs in other countries to a foreign government or an international organization when asked. The transfer is on terms the U.S. official thinks are right, including terms agreed in talks. A U.S. military department can give, without charge, airport and airway property outside the continental United States to the Secretary of Transportation (except meteorological facilities) and can give meteorological facilities to the Secretary of Commerce. That can happen only if it does not hurt national defense, the military finds the property is no longer only for military use, and the Transportation or Commerce Secretary says the transfer may be needed to carry out the law. In the Republic of Panama, the Secretary of Transportation may run navigation, communications, and traffic-control facilities with the Secretary of Defense’s approval and must follow any U.S. obligations under agreements with Panama. The military can also transfer property in Panama when Transportation finds it useful, and when carrying out the Panama rules subsection (b) and sections 47302(a) and (b) do not apply. If the military needs the property back for a military reason, it can retake it immediately but must pay fair compensation for any improvements paid for by someone else; the military decides the amount. On recommendation from Transportation or Commerce, the military may choose not to retake the property.

Title 49, §47304

Transportation — Source: USLM XML via OLRC

(a)When requested by the government of a foreign country or an international organization, the Secretary of Transportation or Commerce, as appropriate, may transfer to the government or organization airport property and airway property operated and maintained under this chapter by the appropriate Secretary in foreign territory. The transfer shall be on terms the appropriate Secretary considers proper, including consideration agreed on through negotiations with the government or organization.

(b)Subject to terms to which the parties agree, the Secretary of a military department 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 Secretary of the military department installed or controls in territory outside the continental United States. The transfer may be made if consistent with the needs of national defense and—

(1)the Secretary of the military department finds that the property or facility is no longer required exclusively for military purposes; and

(2)the Secretary of Transportation or Commerce, as appropriate, decides that the transfer is or may be necessary to carry out this chapter.

(c)(1)The Secretary of Transportation may provide, operate, and maintain facilities and services for air navigation, airway communications, and air traffic control in the Republic of Panama subject to—

(A)the approval of the Secretary of Defense; and

(B)each obligation assumed by the United States Government under an agreement between the Government and the Republic of Panama.

(2)The Secretary of a military department may transfer without charge to the Secretary of Transportation property located in the Republic of Panama when the Secretary of Transportation decides that the transfer may be useful in carrying out this chapter.

(3)Subsection (b) of this section (related to the Secretary of Transportation) and section 47302(a) and (b) of this title do not apply in carrying out this subsection.

(d)(1)When necessary for a military requirement, the Secretary of a military department immediately may retake property (with any improvements to it) transferred by the Secretary under subsection (b) or (c) of this section. The Secretary shall pay reasonable compensation to each person (or its successor in interest) that made an improvement to the property that was not made at the expense of the Government. The Secretary or a delegate of the Secretary shall decide on the amount of compensation.

(2)On the recommendation of the Secretary of Transportation or Commerce, as appropriate, the Secretary of a military department may decide not to act under paragraph (1) of this subsection.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 47304(a)49 App.:1155.June 16, 1948, ch. 473, §§ 6, 8(a), (b), 62 Stat. 452; Aug. 23, 1958, Pub. L. 85–726, § 1403, 72 Stat. 808. 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. 47304(b)49 App.:1157(a), (b). 49 App.:1655(c)(1). 47304(c)(1)49 App.:1156(a), (b).49 App.:1655(c)(1).June 16, 1948, ch. 473, §§ 7, 9, 62 Stat. 452, 453. 47304(c)(2)49 App.:1156(c). 49 App.:1655(c)(1). 47304(c)(3)49 App.:1156(d). 47304(d)49 App.:1158. 49 App.:1655(c)(1). In this section, the title “Secretary of Commerce” is substituted for “Chief of the Weather Bureau” in section 6, 8, and 9 of the International Aviation Facilities Act (ch. 473, 62 Stat. 452) because of section 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318). In subsection (a), the words “including consideration agreed on” are substituted for “including provision for receiving, on behalf of the United States, such payment or other consideration for the property so transferred as may be agreed upon” to eliminate unnecessary words. In subsections (b) and (c), the words “Secretary of a military department” are substituted for “National Military Establishment” (subsequently changed to “department of the Department of Defense” because of section 12(a) of the National Security Act

Amendments

of 1949 (ch. 412, 63 Stat. 591)) because of 5:102 and 10:101. In subsection (b), before clause (1), the words “if any, as may be . . . in specific cases”, “at its discretion”, and “therefor” are omitted as surplus. The word “except” is substituted for “exclusive of” for consistency in this chapter. The word “controls” is substituted for “in the possession of” for clarity. The word “considered” is omitted as surplus. In clause (2), the words “the purposes of” are omitted as surplus. In subsection (c), reference to the Canal Zone is omitted because of the Panama Canal Treaty of 1977. In subsection (c)(1), before clause (A), the words “and to do all things necessary in connection with the” are omitted as surplus. The word “airway” is added for consistency in this chapter. In clause (B), the words “treaty, convention, or” are omitted as surplus. In subsection (c)(2), the words “in its discretion”, “therefor”, “airport property or airway property or other real or personal”, and “the purposes of” are omitted as surplus. In subsection (d)(1), the words “as determined by the Secretary of the department which made the transfer” are omitted as surplus. The words “(with any improvements to it)” are substituted for “together with any improvements or additions made thereto” to eliminate unnecessary words. The words “or persons” are omitted because of 1:1. In subsection (d)(2), the words “decide not to act” are substituted for “in any case . . . waive any right or privilege conferred or reserved” to eliminate unnecessary words.

§47304 Transfer of Airport and Airway Property

Summary

Title 49, §47304

Notes & Related Subsidiaries

Historical and Revision Notes

Amendments

Citations & Metadata