49 U.S.C. § 47301 — Definitions

Page 1686 TITLE 49—TRANSPORTATION § 47301 Sec. Editorial Notes AMENDMENTS 2024—Pub. L. 118–63, title VII, § 727, May 16, 2024, 138 Stat. 1271, struck out item 47306 ‘‘Criminal penalty’’. § 47301. Definitions In this chapter— (1) ‘‘airport property’’ means an interest in property used or useful in operating and main- taining an airport. (2) ‘‘airway property’’ means an interest in property used or useful in operating and main- taining a ground installation, facility, or equipment desirable for the orderly and safe operation of air traffic, including air naviga- tion, air traffic control, airway communica- tion, and meteorological facilities. (3) ‘‘foreign territory’’ means an area— (A) over which no government or a govern- ment of a foreign country has sovereignty; (B) temporarily under military occupation by the United States Government; or (C) occupied or administered by the Gov- ernment or a government of a foreign coun- try under an international agreement. (4) ‘‘territory outside the continental United States’’ means territory outside the 48 contig- uous States and the District of Columbia. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1280.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 47301(1)–(3) 49 App.:1151. June 16, 1948, ch. 473, § 2, 62 Stat. 450; Aug. 23, 1958, Pub. L. 85–726, § 1403, 72 Stat. 808. 47301(4) ...... (no source). In this section, the words ‘‘the purposes of’’ and ‘‘The term’’ are omitted as surplus. In clauses (1) and (2), the words ‘‘real or personal’’, ‘‘directly or indirectly’’, ‘‘administration’’, and ‘‘(in- cluding parts and components thereof)’’ are omitted as surplus. In clause (1), the words ‘‘including . . . (1) land; (2) runways, strips, taxiways, and parking aprons; (3) buildings, structures, improvements, and facilities, whether or not used in connection with the landing and take-off of aircraft; and (4) equipment . . . furniture, vehicles, and supplies’’ are omitted as being included in ‘‘an interest in property’’. In clause (2), the words ‘‘necessary or’’ are omitted as surplus. In clause (3), before subclause (A), the words ‘‘of land or water’’ are omitted as surplus. In subclause (A), the words ‘‘no government or a government of a foreign country’’ are substituted for ‘‘no nation or a nation other than the United States’’ for consistency in the revised title and with other titles of the United States Code. The words ‘‘(including territory of undetermined sovereignty and the high seas)’’ are omitted as surplus. In subclause (C), the words ‘‘government of a foreign country’’ are substituted for ‘‘other nation’’ for con- sistency in the revised title and with other titles of the Code. Clause (4) is derived from the source provisions of the chapter and is included to avoid repeating the phrase ‘‘territory (including Alaska) outside the continental limits of the United States’’. § 47302. Providing airport and airway property in foreign territories (a) GENERAL AUTHORITY.—Subject to the con- currence of the Secretary of State and the con- sideration of objectives of the International Civil Aviation Organization— (1) the Secretary of Transportation may ac- quire, establish, and construct airport prop- erty and airway property (except meteorolog- ical facilities) in foreign territory; and (2) the Secretary of Commerce may acquire, establish, and construct meteorological facili- ties in foreign territory. (b) SPECIFIC APPROPRIATIONS REQUIRED.—Ex- cept for airport property transferred under sec- tion 47304(b) of this title, an airport (as defined in section 40102(a) of this title) may be acquired, established, or constructed under subsection (a) of this section only if amounts have been appro- priated specifically for the airport. (c) ACCEPTING FOREIGN PAYMENTS.—The Sec- retary of Transportation or Commerce, as ap- propriate, may accept payment from a govern- ment of a foreign country or international orga- nization for facilities or services sold or pro- vided the government or organization under this chapter. The amount received may be credited to the appropriation current when the expendi- tures are or were paid, the appropriation current when the amount is received, or both. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1281.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 47302(a), (b) 49 App.:1152. June 16, 1948, ch. 473, § 3, 62 Stat. 451; 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. 47302(c) ...... 49 App.:1154. June 16, 1948, ch. 473, § 5, 62 Stat. 451. 49 App.:1655(c)(1). In this chapter, the words ‘‘government of a foreign country’’ are substituted for ‘‘foreign government’’ for consistency in the revised title and with other titles of the United States Code. In this section, the title ‘‘Secretary of Commerce’’ is substituted for ‘‘Chief of the Weather Bureau of the De- partment of Commerce’’ in section 3, and ‘‘Chief of the Weather Bureau’’ in section 5, of the International Aviation Facilities Act (ch. 473, 62 Stat. 451) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318). In subsection (a), the words ‘‘by contract or other- wise’’ are omitted as surplus. The words ‘‘airport prop- erty and airway property (except meteorological facili- ties)’’ and ‘‘meteorological facilities’’ are substituted for ‘‘within their respective fields’’ for clarity. In subsection (b), the words ‘‘for the airport’’ are sub- stituted for ‘‘for such purpose’’ for clarity. The words ‘‘by the Congress’’ are omitted as surplus. In subsection (c), the words ‘‘on behalf of the United States’’ are omitted as surplus. The words ‘‘sold or pro- vided’’ are substituted for ‘‘supplied or . . . performed’’ for consistency in this chapter. The words ‘‘by the Sec- retary of Transportation or the Secretary of Com- merce, either directly or indirectly’’ and ‘‘the author- ity of’’ are omitted as surplus. The words ‘‘or the Civil Aeronautics Act of 1938, as amended’’ are omitted as obsolete because the Act was repealed by section 1401(b)