Title 49, TransportationRelease 119-110
§47305 Administrative
Title 49 › SUBTITLE VII — AVIATION PROGRAMS › PART B — AIRPORT DEVELOPMENT AND NOISE › CHAPTER 473 — INTERNATIONAL AIRPORT FACILITIES › § 47305
Summary
Put simply: the Secretary of Transportation must run, protect, keep up, and improve U.S. airport and airway property outside the continental United States, except for weather facilities. The Secretary of Commerce may do the same for weather facilities. They can change property for civil aviation use, lease it for up to 20 years, make contracts or provide services directly, charge reasonable fees for aviation services, and acquire interests in property. Money taken that equals the cost of services goes back to the fund that paid those costs; any leftover money goes to the U.S. Treasury. When it makes sense, they should use other federal agencies’ people or facilities and pay them back. Normal federal advertising rules do not apply to these leases or contracts.
Full Legal Text
Title 49, §47305
Transportation, Source: USLM XML via OLRC
(a)General Authority.—
The Secretary of Transportation shall consolidate, operate, protect, maintain, and improve airport property and airway property (except meteorological facilities), and the Secretary of Commerce may consolidate, operate, protect, maintain, and improve meteorological facilities, that the appropriate Secretary has acquired and that are located in territory outside the continental United States. In carrying out this section, the appropriate Secretary may—
(1)adapt the property or facility to the needs of civil aeronautics;
(2)lease the property or facility for not more than 20 years;
(3)make a contract, or provide directly, for facilities and services;
(4)make reasonable charges for aeronautical services; and
(5)acquire an interest in property.
(b)Crediting Appropriations.—
Money received from the direct sale or charge that the Secretary of Transportation or Commerce, as appropriate, decides is equivalent to the cost of facilities and services sold or provided under subsection (a)(3) and (4) of this section is credited to the appropriation from which the cost was paid. The balance shall be deposited in the Treasury as miscellaneous receipts.
(c)Using Other Government Facilities and Services.—
To carry out this chapter and to use personnel and facilities of the United States Government most advantageously and without unnecessary duplication, the Secretary of Transportation or Commerce, as appropriate, shall request, when practicable, to use a facility or service of an appropriate department, agency, or instrumentality of the Government on a reimbursable basis. A department, agency, or instrumentality receiving a request under this section may provide the facility or service.
(d)Advertising Not Required.—
section 6101(b) to (d) of title 41 does not apply to a lease or contract made by the Secretary of Transportation or Commerce under this chapter.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 47305(a)49 App.:1159(a) (1st sentence), (b).June 16, 1948, ch. 473, § 10(a) (1st sentence), (b)–(d), 62 Stat. 453, 454. 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. 47305(b)49 App.:1159(c). 49 App.:1655(c)(1). 47305(c)49 App.:1160.June 16, 1948, ch. 473, § 12, 62 Stat. 454; Aug. 23, 1958, Pub. L. 85–726, § 1403, 72 Stat. 808; Jan. 3, 1975, Pub. L. 93–623, § 3, 88 Stat. 2103. 49 App.:1655(c)(1). 47305(d)49 App.:1159(d). 49 App.:1655(c)(1). In this section, the title “Secretary of Commerce” is substituted for “Chief of the Weather Bureau” in section 10(b)–(d), and for “Chief of the Weather Bureau” and “Weather Bureau” in section 12, of the International Aviation Facilities Act (ch. 473, 62 Stat. 454) because of section 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318). In subsection (a), before clause (1), the words “do and perform, by contract or otherwise, all acts and things necessary or incident to” and “pursuant to this chapter or any other provision of law” are omitted as surplus. In clause (1), the words “from time to time” and “by
Construction
, installation, reengineering, relocation, or otherwise” are omitted as surplus. The text of 49 App.:1159(a)(2) is omitted as surplus because of 49:322(a). In clause (2), the words “under such conditions as he may deem proper” and “space or” are omitted as surplus. The words “for not more than 20 years” are substituted for “and for such periods as may be desirable (not to exceed twenty years)” to eliminate unnecessary words. The words “for purposes essential or appropriate to their consolidation, operation, protection, and administration under this chapter” are omitted as surplus. In clause (3), the words “the sale of fuel, oil, equipment, food and supplies, hotel accommodations, and other” and “necessary or desirable for the operation and administration of such properties” are omitted as surplus. In clause (4), the word “reasonable” is substituted for “just and reasonable” for consistency in the revised title and with other titles of the United States Code. The words “(including but not limited to landing fees and fees for the use of communication services)” are omitted as surplus. In clause (5), the words “by purchase or otherwise, real or personal” and “which he may consider necessary for the purposes of this section” are omitted as surplus. In subsection (b), the words “including handling charges” are omitted as surplus. The words “facilities and services sold or provided” are substituted for “of the fuel, oil, equipment, food, supplies, services, shelter, or other assistance or services sold or furnished” for consistency and to eliminate unnecessary words. The words “under subsection (a)(3) and (4) of this section” are added for clarity. The words “if any” are omitted as surplus. The words “deposited in the Treasury as” are substituted for “credited to” for clarity and consistency in the revised title and with other titles of the Code. In subsection (c), the words “use personnel and facilities of the United States Government most advantageously and without unnecessary duplication” are substituted for “to the end that personnel and facilities of existing United States Government agencies shall be utilized to the fullest possible advantage and not be unnecessarily duplicated” to eliminate unnecessary words. The word “request” is substituted for “arrange for” for clarity. The words “department, agency, or instrumentality of the Government” are substituted for “other United States Government agencies” for consistency in the revised title and with other titles of the Code. The words “on a reimbursable basis” are substituted for “and to reimburse any such agency for such service out of funds appropriated to the Department of Transportation or the Department of Commerce, as the case may be” to eliminate unnecessary words.
Editorial Notes
Amendments
2011—Subsec. (d). Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 3709 of the Revised Statutes (41 U.S.C. 5)”.
Statutory Notes and Related Subsidiaries
Annette Island Airport, Alaska; Renewal of LeaseAct
May 9, 1956, ch. 241, 70 Stat. 146, provided: “That the Congress of the United States hereby approves the extension, from year to year, until
June 30, 1999, of a lease of certain land comprising part of Annette Island, Alaska, for use by the Civil Aeronautics Administration [now the Federal Aviation Administration] as an airport, entered into by the United States of America and the Council of the Annette Island Reserve on
December 13, 1948, section 5 of which lease provides that no renewal thereof shall extend beyond
June 30, 1959, unless approved by Congress.”
Reference
Citations & Metadata
Citation
49 U.S.C. § 47305
Title 49, Transportation
Last Updated
Sep 22, 2026
Release point: 119-110