
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 135(d)(2)]
[CITE: 49USC47152]

 
                        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. 47152. Terms of gifts

    Except as provided in section 47153 of this title, the following 
terms apply to a gift of an interest in surplus property under this 
subchapter:
        (1) A State, political subdivision of a State, or tax-supported 
    organization receiving the interest 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 development, improvement, 
    operation, or maintenance of the airport at which the property is 
    located.
        (2) The interest shall be used and maintained for public use and 
    benefit without unreasonable discrimination.
        (3) A right may not be vested in a person, excluding others in 
    the same class from using the airport at which the property is 
    located--
            (A) to conduct an aeronautical activity requiring the 
        operation of aircraft; or
            (B) to engage in selling or supplying aircraft, aircraft 
        accessories, equipment, or supplies (except gasoline and oil), 
        or aircraft services necessary to operate aircraft (including 
        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 
    preventing future, airport hazards.
        (5) During a national emergency declared by the President or 
    Congress, the United States Government is entitled to use, control, 
    or possess, without charge, any part of the public airport at which 
    the property is located. However, the Government shall--
            (A) pay the entire cost of maintaining the part of the 
        airport it exclusively uses, controls, or possesses during the 
        emergency;
            (B) contribute a reasonable share, consistent with the 
        Government's use, of the cost of maintaining the property it 
        uses nonexclusively, or over which the Government has 
        nonexclusive control or possession, during 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 nonexclusive use, without 
    charge, of the landing area of an airport at which the property is 
    located. The Secretary may limit the use of the landing area if 
    necessary to prevent unreasonable interference with use by other 
    authorized aircraft. However, the Government shall--
            (A) contribute a reasonable share, consistent with the 
        Government's use, of the cost of maintaining and operating the 
        landing 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 located.
        (8) When a term under this section is not satisfied, any part of 
    the interest in the property reverts to the Government, at the 
    option of the Government, as the property then exists.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1279.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47152.................................  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)(2).              Oct. 3
, 1944, ch. 479, 58 Stat. 765,
                                                                          Sec. 
 13(g)(2); added July 30, 1947,
                                                                          ch. 4
04, Sec.  2, 61 Stat. 678; Oct.
                                                                          1, 19
49, ch. 589, Sec.  1, 63 Stat.
                                                                          700; 
Aug. 23, 1958, Pub. L. 85-726,
                                                                          Sec. 
 1402(c), 72 Stat. 807.
-------------------------------------------------------------------------------
---------------------------------

    In this section, before paragraph (1), the words ``conditions, 
reservations, and restrictions'' and ``the authority of'' are omitted as 
surplus. In paragraph (1), the words ``A State, political subdivision of 
a State, or tax-supported organization receiving the interest'' are 
substituted for ``grantee or transferee'' for clarity. The words 
``sold'' and ``disposed of under the authority of this subsection'' are 
omitted as surplus. In paragraph (2), the words ``transferred for 
airport purposes'' are omitted as surplus. In paragraph (3), before 
clause (A), the words ``For the purpose of this condition, an exclusive 
right is defined to mean'' and ``any exclusive right to'' are omitted 
because of the restatement. The words ``exclusive'' and ``(either 
directly or indirectly)'' are omitted as surplus. The words ``or 
persons'' are omitted because of 1:1. The words ``disposed of'' are 
omitted as surplus. In clause (A), the word ``particular'' is omitted as 
surplus. In paragraph (4), the words ``removing, lowering, relocating, 
marking, or lighting or otherwise'' and ``the establishment or creation 
of'' are omitted as surplus. In paragraphs (5)-(7), the words ``or 
used'' are omitted as surplus. In paragraph (5), before clause (A), the 
words ``exclusive or nonexclusive'' and ``as it may desire'' are omitted 
as surplus. In clause (A), the word ``pay'' is substituted for ``be 
responsible for'' to eliminate unnecessary words. The words ``during the 
emergency'' are substituted for ``during the period of such use, 
possession, or control'' to eliminate unnecessary words and for clarity. 
In clause (B), the words ``be obligated to'' are omitted as surplus. The 
words ``during the emergency'' are added for clarity. In clause (C), the 
words ``exclusively or nonexclusively'' are omitted as surplus. In 
paragraph (6), before clause (A), the words ``as may be determined at 
any time'' are omitted as surplus. In clause (B), the words ``be 
obligated to'' are omitted as surplus. In paragraph (7), the words ``The 
State, political subdivision, or tax-supported organization accepting 
the interest'' are substituted for ``Any public agency accepting a 
conveyance or transfer of surplus property under the provisions of this 
subsection'' to eliminate unnecessary words and for consistency in this 
section. The words ``any and . . . it may be under for restoration or 
other . .  lease or other'' are omitted as surplus. The text of 50 
App.:1622(g)(2)(G) (proviso) is omitted because 49 App.:1116 was 
repealed by section 52(a) of the Airport and Airway Development Act of 
1970 (Public Law 91-258, 84 Stat. 235). Paragraph (8) is substituted for 
50 App.:1622(g)(2)(H) to eliminate unnecessary words.

                  Section Referred to in Other Sections

    This section is referred to in sections 47134, 47151, 47153 of this 
title.
