
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(d)]
[Document affected by Public Law 106-181 Section 135(d)(3)]
[CITE: 49USC47153]

 
                        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. 47153. Waiving and adding terms

    (a) General Authority.--(1) The Secretary of Transportation may 
waive, without charge, a term of a gift of an interest in property under 
this subchapter if the Secretary decides that--
        (A) the property no longer serves the purpose for which it was 
    given; or
        (B) the waiver will not prevent carrying out the purpose for 
    which the gift was made and is necessary to advance the civil 
    aviation interests of the United States.

    (2) The Secretary of Transportation shall waive a term under 
paragraph (1) of this subsection on terms the Secretary considers 
necessary to protect or advance the civil aviation interests of the 
United States.
    (b) Waivers and Inclusion of Additional Terms on Request.--On 
request of the Secretary of Transportation or the Secretary of a 
military department, a department, agency, or instrumentality of the 
executive branch of the United States Government or a wholly owned 
Government corporation may waive a term required by section 47152 of 
this title or add another term if the appropriate Secretary decides it 
is necessary to protect or advance the interests of the United States in 
civil aviation or for national defense.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1280.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47153(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.:1622c.                   Oct. 1
, 1949, ch. 589, Sec.  4, 63
                                                                          Stat.
 700; Aug. 23, 1958, Pub. L. 85-
                                                                          726, 
Sec.  1402(c), 72 Stat. 807.
47153(b)..............................  49 App.:1655(c)(1).
                                        50 App.:1622(g)(3).              Oct. 3
, 1944, ch. 479, 58 Stat. 765,
                                                                          Sec. 
 13(g)(3); added July 30, 1947,
                                                                          ch. 4
04, Sec.  2, 61 Stat. 680; Aug.
                                                                          23, 1
958, Pub. L. 85-726, Sec.
                                                                          1402(
c), 72 Stat. 807.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), before clause (1), the words ``Notwithstanding 
any other provision of law'' and ``further'' are omitted as surplus. The 
word ``waive'' is substituted for ``grant releases from'' and ``and to 
convey, quitclaim, or release any right or interest reserved to the 
United States by'' to eliminate unnecessary words. The words ``a term of 
a gift of an interest in property under this subchapter'' are 
substituted for ``any of the terms, conditions, reservations, and 
restrictions contained in . . . any such instrument of disposal'' for 
clarity and consistency. In clause (1), the words ``transferred by such 
instrument'' are omitted as surplus. In clause (2), the text of 50 
App.:1622c (last proviso) is omitted as executed. The words ``protect 
or'' are omitted as surplus.
    In subsection (b), the words ``In making any disposition of surplus 
property under this subsection'' are omitted as surplus. The words 
``Secretary of a military department'' are substituted for ``the 
Secretary of the Army, or the Secretary of the Navy'' for consistency 
with other titles of the United States Code and to eliminate unnecessary 
words. The words ``Secretary of the Army'' are substituted for 
``Secretary of War'' in section 13(g)(3) of the Surplus Property Act of 
1944 (ch. 479, 58 Stat. 765) because of section 205(a) of the National 
Security Act of 1947 (ch. 343, 61 Stat. 501). The Secretary of the Air 
Force is included in ``Secretary of a military department'' because of 
section 207(a) and (f) of the National Security Act of 1947 (ch. 343, 61 
Stat. 502, 503). The word ``waive'' is substituted for ``omit from the 
instrument of disposal'' to eliminate unnecessary words and for 
consistency in this subchapter. The words ``conditions, reservations, 
and restrictions'' are omitted as surplus.

                  Section Referred to in Other Sections

    This section is referred to in sections 47151, 47152 of this title.
