
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 125(c)]
[Document affected by Public Law 106-181 Section 135(d)(1)]
[Document affected by Public Law 106-181 Section 136]
[CITE: 49USC47151]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                    CHAPTER 471--AIRPORT DEVELOPMENT
 
           SUBCHAPTER II--SURPLUS PROPERTY FOR PUBLIC AIRPORTS
 
Sec. 47151. Authority to transfer an interest in surplus 
        property
        
    (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 give 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);
            (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 gift 
    and decides the interest is not best suited for industrial use.

    (b) Ensuring Compliance.--Only the Secretary may ensure compliance 
with an instrument giving an interest in surplus property under this 
subchapter. The Secretary may amend the instrument to correct the 
instrument or to make the gift comply with law.
    (c) Disposing of Interests Not Given Under This Subchapter.--An 
interest in surplus property that could be used at a public airport but 
that is not given under this subchapter shall be disposed of under other 
applicable law.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1278.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47151(a)..............................  49 App.:1655(c)(1).              Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(c)(
1), 80 Stat. 938; Jan 12, 1983,
                                                                          Pub. 
L. 97-449, Sec.  7(b), 96 Stat.
                                                                          2444.
                                        50 App.:1622(g)(1).              Oct. 3
, 1944, ch. 479, 58 Stat. 765,
                                                                          Sec. 
 13(g)(1); added July 30, 1947,
                                                                          ch. 4
04, Sec.  2, 61 Stat. 678; Aug.
                                                                          23, 1
958, Pub. L. 85-726, Sec.
                                                                          1402(
c), 72 Stat. 807; May 21, 1970,
                                                                          Pub. 
L. 91-258, Sec.  52(b)(6), 84
                                                                          Stat.
 235; Sept. 3, 1982, Pub. L. 97-
                                                                          248, 
Sec.  524(c), 96 Stat. 696.
47151(b)..............................  49 App.:1655(c)(1).
                                        50 App.:1622b.                   Oct. 1
, 1949, ch. 589, Sec.  3, 63
                                                                          Stat.
 700; Aug. 23, 1958, Pub. L. 85-
                                                                          726, 
Sec.  1402(c), 72 Stat. 807.
47151(c)..............................  50 App.:1622(g)(5), (6).         Oct. 3
, 1944, ch. 479, 58 Stat. 765,
                                                                          Sec. 
 13(g)(5), (6); added July 30,
                                                                          1947,
 ch. 404, Sec.  2, 61 Stat. 680.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), before clause (1), the words ``Notwithstanding 
any other provision of this Act'' are omitted 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 instrumentality of the executive 
branch of the United States Government or a wholly owned Government 
corporation'' are substituted for ``any disposal agency designated 
pursuant to this Act'' for clarity because disposal 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 Government agencies were all 
departments, agencies, and instrumentalities of the executive branch of 
the United States Government and wholly owned Government corporations. 
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 
substituted 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 ``(exclusive 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 disposal without regard to the provisions of this 
subsection)'' to eliminate unnecessary words.
    Subsection (b) is substituted for 50 App.:1622b to eliminate 
unnecessary words.
    In subsection (c), the text of 50 App.:1622(g)(5) is omitted as 
obsolete because 50 App.:1621, 1622(f), and 1627(e) were repealed by 
section 602(a)(1) of the Federal Property 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.
