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49 U.S.C. § 47151 — Authority to transfer an interest in surplus property

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 47151 — Authority to transfer an interest in surplus property

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Source file: Laws/federal/codes/united-states-code/title-49/section-47151-authority-to-transfer-an-interest-in-surplus-property--af099583f9.md
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Source location: Title 49, Chapter 471, § 47151; chapter-471-airport-development.md

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**(a) General Authority.—** Subject to sections 47152 and 47153 of this title, a department, agency, or instrumentality of the executive branch of the United States Government or a wholly owned Government corporation may convey to a State, political subdivision of a State, or tax-supported organization any interest in surplus property— (1) that the Secretary of Transportation decides is— (A) desirable for developing, improving, operating, or maintaining a public airport (as defined in [section 47102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47102&num=0&edition=prelim)); (B) reasonably necessary to fulfill the immediate and foreseeable future requirements for developing, improving, operating, or maintaining a public airport; or (C) needed for developing sources of revenue from nonaviation businesses at a public airport; and (2) if the Administrator of General Services approves the conveyance and decides the interest is not best suited for industrial use. **(b) Ensuring Compliance.—** Only the Secretary may ensure compliance with an instrument conveying an interest in surplus property under this subchapter. The Secretary may amend the instrument to correct the instrument or to make the conveyance comply with law. **(c) Disposing of Interests Not Conveyed Under This Subchapter.—** An interest in surplus property that could be used at a public airport but that is not conveyed under this subchapter shall be disposed of under other applicable law. **(d) Waiver of Condition.—** The Secretary may not waive any condition imposed on an interest in surplus property conveyed under subsection (a) that such interest be used for an aeronautical purpose unless the Secretary provides public notice not less than 30 days before the issuance of such waiver and determines that such waiver— (1) will not significantly impair the aeronautical purpose of an airport; (2) 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 (3) is necessary to protect or advance the civil aviation interests of the United States. **(e) Requests by Public Agencies.—** Except with respect to a request made by another department, agency, or instrumentality of the executive branch of the United States Government, such a department, agency, or instrumentality shall give priority consideration to a request made by a public agency (as defined in section 47102) for surplus property described in subsection (a) for use at a public airport.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 47102 — Definitions

In this subchapter— (1) “air carrier” has the meaning given such term in section 40102. (2) “airport”— (A) means— (i) an area of land or water used or intended to be used for the landing and taking off of aircraft; (ii) an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; and (iii) airport buildings and facilities located in any of those areas; and (B) includes a heliport. (3) “airport development” means the following activities, if undertaken by the sponsor, owner, or operator of a public-use airport: (A) constructing, repairing, or improving a public-use airport, including— (i) removing, lowering, relocating, marking, and lighting an airport hazard; (ii) preparing a plan or specification, including carrying out a field investigation; and (iii) a secondary runway at a nonhub airport that is equivalent in size and type to the primary runway of such airport. (B) acquiring for, or installing at, a public-use airport— (i) a navigation aid or another aid (including a precision approach system) used by aircraft for landing at or taking off from the airport, including preparing the site as required by the acquisition or installation; (ii) safety or security equipment, including explosive detection devices, universal access systems, and emergency call boxes, the Secretary requires by regulation for, or approves as contributing significantly to, the safety or security of individuals and property at the airport and integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices; (iii) equipment to remove snow, to measure runway surface friction, or for aviation-related weather reporting, including cl

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 106 — Federal Aviation Administration

**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation. **(b) Administration Leadership.—** (1) **Administrator.—** (A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. (B) *Qualifications.—* — The Administrator shall— (i) be a citizen of the United States; (ii) not be an active duty member of the Armed Forces; (iii) not have retired from the Armed Forces within the 7 years preceding nomination; and (iv) have experience in organizational management and a field directly related to aviation. (C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office. (D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years. (E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. (2) **Deputy administrator.—** (A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President. (B) *Qualifications.—* — The Deputy Administrator shall— (i) be a citizen of the United States; and (ii) have experience in organizational management and a field directly related to aviation. (C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 106

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 47107 — Project grant application approval conditioned on assurances about airport operations

**(a) General Written Assurances.—** The Secretary of Transportation may approve a project grant application under this subchapter for an airport development project only if the Secretary receives written assurances, satisfactory to the Secretary, that— (1) the airport will be available for public use on reasonable conditions and without unjust discrimination; (2) air carriers making similar use of the airport will be subject to substantially comparable charges— (A) for facilities directly and substantially related to providing air transportation; and (B) regulations and conditions, except for differences based on reasonable classifications, such as between— (i) tenants and nontenants; and (ii) signatory and nonsignatory carriers; (3) the airport operator will not withhold unreasonably the classification or status of tenant or signatory from an air carrier that assumes obligations substantially similar to those already imposed on air carriers of that classification or status; (4) a person providing, or intending to provide, aeronautical services to the public will not be given an exclusive right to use the airport, with a right given to only one fixed-base operator to provide services at an airport deemed not to be an exclusive right if— (A) the right would be unreasonably costly, burdensome, or impractical for more than one fixed-base operator to provide the services; and (B) allowing more than one fixed-base operator to provide the services would require reducing the space leased under an existing agreement between the one fixed-base operator and the airport owner or operator; (5) fixed-base operators similarly using the airport will be subject to the same charges; (6) an air carrier using the airport may service itself or use any fixed-bas

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47107

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2687 — Base closures and realignments

**(a)** Notwithstanding any other provision of law, no action may be taken to effect or implement— (1) the closure, including a mothball action, divestiture, deactivation, or any other action to render inoperable, of any military installation at which at least 300 civilian personnel are authorized to be employed; (2) any realignment with respect to any military installation referred to in paragraph (1) involving a reduction by more than 1,000, or by more than 50 percent, in the number of civilian personnel authorized to be employed at such military installation at the time the Secretary of Defense or the Secretary of the military department concerned notifies the Congress under subsection (b) of the Secretary’s plan to close or realign such installation; or (3) any construction, conversion, or rehabilitation at any military facility other than a military installation referred to in clause (1) or (2) which will or may be required as a result of the relocation of civilian personnel to such facility by reason of any closure or realignment to which clause (1) or (2) applies, unless and until the provisions of subsection (b) are complied with. **(b)** No action described in subsection (a) with respect to the closure of, or a realignment with respect to, any military installation referred to in such subsection may be taken unless and until— (1) the Secretary of Defense or the Secretary of the military department concerned notifies the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, as part of an annual request for authorization of appropriations to such Committees, of the proposed closing or realignment and submits with the notification— (A) an evaluation of the fiscal, local economic, budgetary, environme

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2687

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 1303 — Disposition of surplus real property

**(a) Definition.—** In this section, the term “federal agency” means an executive department, independent establishment, commission, board, bureau, division, or office in the executive branch, or other agency of the Federal Government, including wholly owned Government corporations. **(b) Assignment of Space or Lease or Sale of Property.—** (1) **Actions of administrator.—** — When the President, on the recommendation of the Administrator of General Services, or the federal agency having control of any real property the agency acquires that is located outside of the District of Columbia, other than military or naval reservations, declares the property to be surplus to the needs of the agency, the Administrator— (A) may assign space in the property to any federal agency; (B) pending a sale, may lease the property for not more than 5 years and on terms the Administrator considers to be in the public interest; or (C) may sell the property at public sale to the highest responsible bidder on terms and after public advertisement that the Administrator considers to be in the public interest. (2) **Review of decision to assign space.—** — If the federal agency to which space is assigned does not desire to occupy the space, the decision of the Administrator under paragraph (1)(A) is subject to review by the President. (3) **Negotiated sale.—** — If no bids which are satisfactory as to price and responsibility of the bidder are received as a result of public advertisement, the Administrator may sell the property by negotiation, on terms as may be considered to be to the best interest of the Government, but at a price not less than that bid by the highest responsible bidder. **(c) Demolition.—** The Administrator may demolish any building declared to be surplus to t

Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 1303

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 47151 — Authority to transfer an interest in sur-

Page 1673 TITLE 49—TRANSPORTATION § 47151 Editorial Notes REFERENCES IN TEXT The date of enactment of the FAA Reauthorization Act of 2024, referred to in subsec. (e)(2), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024. SUBCHAPTER II—SURPLUS PROPERTY FOR PUBLIC AIRPORTS § 47151. Authority to transfer an interest in sur- plus property (a) GENERAL AUTHORITY.—Subject to sections 47152 and 47153 of this title, a department, agen- cy, or instrumentality of the executive branch of the United States Government or a wholly owned Government corporation may convey to a State, political subdivision of a State, or tax- supported organization any interest in surplus property— (1) that the Secretary of Transportation de- cides is— (A) desirable for developing, improving, operating, or maintaining a public airport (as defined in section 47102 of this title); (B) reasonably necessary to fulfill the im- mediate and foreseeable future requirements for developing, improving, operating, or maintaining a public airport; or (C) needed for developing sources of rev- enue from nonaviation businesses at a public airport; and (2) if the Administrator of General Services approves the conveyance and decides the in- terest is not best suited for industrial use. (b) ENSURING COMPLIANCE.—Only the Secretary may ensure compliance with an instrument con- veying an interest in surplus property under this subchapter. The Secretary may amend the in- strument to correct the instrument or to make the conveyance comply with law. (c) DISPOSING OF INTERESTS NOT CONVEYED UNDER THIS SUBCHAPTER.—An interest in sur- plus property that could be used at a public air- port but that is not conveyed under this sub- chapter shall be disposed of under other applica- ble

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 47151

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