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 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 aero- nautical 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 aero- nautical 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 de- partment, agency, or instrumentality of the ex- ecutive branch of the United States Govern- ment, such a department, agency, or instrumen- tality shall give priority consideration to a re- quest made by a public agency (as defined in sec- tion 47102) for surplus property described in sub- section (a) for use at a public airport. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1278; Pub. L. 106–181, title I, §§ 125(c), 135(d)(1), 136, Apr. 5, 2000, 114 Stat. 75, 84, 85; Pub. L. 112–95, title I, § 152(f), Feb. 14, 2012, 126 Stat. 34; Pub. L. 118–63, title VII, § 719(b)(1), May 16, 2024, 138 Stat. 1261.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 47151(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.:1622(g)(1). Oct. 3, 1944, ch. 479, 58 Stat. 765, § 13(g)(1); added July 30, 1947, ch. 404, § 2, 61 Stat. 678; Aug. 23, 1958, Pub. L. 85–726, § 1402(c), 72 Stat. 807; May 21, 1970, Pub. L. 91–258, § 52(b)(6), 84 Stat. 235; Sept. 3, 1982, Pub. L. 97–248, § 524(c), 96 Stat. 696. 47151(b) ...... 49 App.:1655(c)(1). 50 App.:1622b. Oct. 1, 1949, ch. 589, § 3, 63 Stat. 700; Aug. 23, 1958, Pub. L. 85–726, § 1402(c), 72 Stat. 807. 47151(c) ...... 50 App.:1622(g)(5), (6). Oct. 3, 1944, ch. 479, 58 Stat. 765, § 13(g)(5), (6); added July 30, 1947, ch. 404, § 2, 61 Stat. 680. In subsection (a), before clause (1), the words ‘‘Not- withstanding any other provision of this Act’’ are omit- ted as surplus. The words ‘‘Subject to sections 47152 and 47153 of this title’’ are substituted for ‘‘but subject to the terms, conditions, reservations, and restrictions hereinafter provided for’’ to eliminate unnecessary words. The words ‘‘a department, agency, or instrumen- tality of the executive branch of the United States Government or a wholly owned Government corpora- tion’’ are substituted for ‘‘any disposal agency des- ignated pursuant to this Act’’ for clarity because dis- posal agencies were Government agencies designated under 50 App.:1619(a), that was repealed by section 602(a)(1) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 399), and Govern- ment agencies were all departments, agencies, and in- strumentalities of the executive branch of the United States Government and wholly owned Government cor- porations. The word ‘‘give’’ is substituted for ‘‘convey or dispose of . . . without monetary consideration to the United States’’, to eliminate unnecessary words. The word ‘‘municipality’’ is omitted as being included in ‘‘political subdivision’’. The words ‘‘of a State’’ are added for clarity and consistency in the revised title and with other titles of the United States Code. The word ‘‘organization’’ is substituted for ‘‘institution’’ for consistency in the revised title. The words ‘‘all of the right, title, and . . . of the United States . . . and to . . . real or personal’’ are omitted as surplus. In clause (1)(A), the words ‘‘essential, suitable, or’’ are omitted as surplus. In clause (1)(B), the words ‘‘of the grantee’’ are omitted as surplus. In clause (2), the words ‘‘Administrator of General Services’’ are sub- stituted for ‘‘[War Assets] Administrator’’ in section 13(g)(1) of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) because of section 105 of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 381). The words ‘‘and decides the interest is not best suited for industrial use’’ are substituted for ‘‘(ex- clusive of property the highest and best use of which is determined by the Administrator of General Services to be industrial and which shall be so classified for dis- posal without regard to the provisions of this sub- section)’’ to eliminate unnecessary words. Subsection (b) is substituted for 50 App.:1622b to eliminate unnecessary words. Page 1674 TITLE 49—TRANSPORTATION § 47152 In subsection (c), the text of 50 App.:1622(g)(5) is omit- ted as obsolete because 50 App.:1621, 1622(f), and 1627(e) were repealed by section 602(a)(1) of the Federal Prop- erty and Administrative Services Act of 1949 (ch. 288, 63 Stat. 399). The words ‘‘An interest in surplus property that could be used at a public airport’’ are substituted for ‘‘All surplus property within the purview of this subsection’’ for clarity. The words ‘‘elsewhere in this Act or other applicable’’ are omitted as surplus. The word ‘‘law’’ is substituted for ‘‘Federal Statute’’ for consistency in the revised title and with other titles of the Code. Editorial Notes AMENDMENTS 2024—Subsec. (d). Pub. L. 118–63 added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: ‘‘Before the Secretary may waive any condition imposed on an interest in surplus property conveyed under subsection (a) that such interest be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before waiving such condition.’’ 2012—Subsec. (e). Pub. L. 112–95 struck out ‘‘(other than real property that is subject to section 2687 of title 10, section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note), or section 2905 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note))’’ after ‘‘subsection (a)’’. 2000—Subsec. (a). Pub. L. 106–181, § 135(d)(1)(A)(i), sub- stituted ‘‘convey to’’ for ‘‘give’’ in introductory provi- sions. Subsec. (a)(2). Pub. L. 106–181, § 135(d)(1)(A)(ii), sub- stituted ‘‘conveyance’’ for ‘‘gift’’. Subsec. (b). Pub. L. 106–181, § 135(d)(1)(B), substituted ‘‘conveying’’ for ‘‘giving’’ and ‘‘conveyance’’ for ‘‘gift’’. Subsec. (c). Pub. L. 106–181, § 135(d)(1)(C), substituted ‘‘Conveyed’’ for ‘‘Given’’ in heading and ‘‘conveyed’’ for ‘‘given’’ in text. Subsec. (d). Pub. L. 106–181, § 125(c), added subsec. (d). Subsec. (e). Pub. L. 106–181, § 136, added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–181 applicable only to fis- cal 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 AMENDMENT Nothing in amendment by section 125(c) of Pub. L. 106–181 to be construed to authorize Secretary of Trans- portation to issue waiver or make a modification re- ferred to in such amendment, see section 125(e) of Pub. L. 106–181, set out as a note under section 47107 of this title. § 47152. Terms of conveyances Except as provided in section 47153 of this title, the following terms apply to a conveyance of an interest in surplus property under this sub- chapter: (1) A State, political subdivision of a State, or tax-supported organization receiving the in- terest 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 devel- opment, improvement, operation, or mainte- nance of the airport at which the property is located. (2) The interest shall be used and maintained for public use and benefit without unreason- able discrimination. (3) A right may not be vested in a person, ex- cluding others in the same class from using the airport at which the property is located— (A) to conduct an aeronautical activity re- quiring the operation of aircraft; or (B) to engage in selling or supplying air- craft, aircraft accessories, equipment, or supplies (except gasoline and oil), or aircraft services necessary to operate aircraft (in- cluding 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 pre- venting future, airport hazards. (5) During a national emergency declared by the President or Congress, the United States Government is entitled to use, control, or pos- sess, without charge, any part of the public airport at which the property is located. How- ever, the Government shall— (A) pay the entire cost of maintaining the part of the airport it exclusively uses, con- trols, or possesses during the emergency; (B) contribute a reasonable share, con- sistent with the Government’s use, of the cost of maintaining the property it uses non- exclusively, or over which the Government has nonexclusive control or possession, dur- ing 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 non- exclusive use, without charge, of the landing area of an airport at which the property is lo- cated. The Secretary may limit the use of the landing area if necessary to prevent unreason- able interference with use by other authorized aircraft. However, the Government shall— (A) contribute a reasonable share, con- sistent with the Government’s use, of the cost of maintaining and operating the land- ing 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 lo- cated. (8) When a term under this section is not satisfied, any part of the interest in the prop- erty reverts to the Government, at the option of the Government, as the property then ex- ists. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1279; Pub. L. 106–181, title I, § 135(d)(2), Apr. 5, 2000, 114 Stat. 85.)