
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC47304]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
              CHAPTER 473--INTERNATIONAL AIRPORT FACILITIES
 
Sec. 47304. Transfer of airport and airway property

    (a) General Authority.--When requested by the government of a 
foreign country or an international organization, the Secretary of 
Transportation or Commerce, as appropriate, may transfer to the 
government or organization airport property and airway property operated 
and maintained under this chapter by the appropriate Secretary in 
foreign territory. The transfer shall be on terms the appropriate 
Secretary considers proper, including consideration agreed on through 
negotiations with the government or organization.
    (b) Property Installed or Controlled by Military.--Subject to terms 
to which the parties agree, the Secretary of a military department may 
transfer without charge to the Secretary of Transportation airport 
property and airway property (except meteorological facilities), and to 
the Secretary of Commerce meteorological facilities, that the Secretary 
of the military department installed or controls in territory outside 
the continental United States. The transfer may be made if consistent 
with the needs of national defense and--
        (1) the Secretary of the military department finds that the 
    property or facility is no longer required exclusively for military 
    purposes; and
        (2) the Secretary of Transportation or Commerce, as appropriate, 
    decides that the transfer is or may be necessary to carry out this 
    chapter.

    (c) Republic of Panama.--(1) The Secretary of Transportation may 
provide, operate, and maintain facilities and services for air 
navigation, airway communications, and air traffic control in the 
Republic of Panama subject to--
        (A) the approval of the Secretary of Defense; and
        (B) each obligation assumed by the United States Government 
    under an agreement between the Government and the Republic of 
    Panama.

    (2) The Secretary of a military department may transfer without 
charge to the Secretary of Transportation property located in the 
Republic of Panama when the Secretary of Transportation decides that the 
transfer may be useful in carrying out this chapter.
    (3) Subsection (b) of this section (related to the Secretary of 
Transportation) and section 47302(a) and (b) of this title do not apply 
in carrying out this subsection.
    (d) Retaking Property for Military Requirement.--(1) When necessary 
for a military requirement, the Secretary of a military department 
immediately may retake property (with any improvements to it) 
transferred by the Secretary under subsection (b) or (c) of this 
section. The Secretary shall pay reasonable compensation to each person 
(or its successor in interest) that made an improvement to the property 
that was not made at the expense of the Government. The Secretary or a 
delegate of the Secretary shall decide on the amount of compensation.
    (2) On the recommendation of the Secretary of Transportation or 
Commerce, as appropriate, the Secretary of a military department may 
decide not to act under paragraph (1) of this subsection.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1281.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
47304(a)..............................  49 App.:1155.                    June 1
6, 1948, ch. 473, Secs.  6, 8(a),
                                                                          (b), 
62 Stat. 452; Aug. 23, 1958, Pub.
                                                                          L. 85
-726, Sec.  1403, 72 Stat. 808.
                                        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.
47304(b)..............................  49 App.:1157(a), (b).
                                        49 App.:1655(c)(1).
47304(c)(1)...........................  49 App.:1156(a), (b).            June 1
6, 1948, ch. 473, Secs.  7, 9, 62
                                        49 App.:1655(c)(1).               Stat.
 452, 453.
47304(c)(2)...........................  49 App.:1156(c).
                                        49 App.:1655(c)(1).
47304(c)(3)...........................  49 App.:1156(d).
47304(d)..............................  49 App.:1158.
                                        49 App.:1655(c)(1).
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---------------------------------

    In this section, the title ``Secretary of Commerce'' is substituted 
for ``Chief of the Weather Bureau'' in sections 6, 8, and 9 of the 
International Aviation Facilities Act (ch. 473, 62 Stat. 452) 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 ``including consideration agreed on'' 
are substituted for ``including provision for receiving, on behalf of 
the United States, such payment or other consideration for the property 
so transferred as may be agreed upon'' to eliminate unnecessary words.
    In subsections (b) and (c), the words ``Secretary of a military 
department'' are substituted for ``National Military Establishment'' 
(subsequently changed to ``department of the Department of Defense'' 
because of section 12(a) of the National Security Act Amendments of 1949 
(ch. 412, 63 Stat. 591)) because of 5:102 and 10:101.
    In subsection (b), before clause (1), the words ``if any, as may be 
. . . in specific cases'', ``at its discretion'', and ``therefor'' are 
omitted as surplus. The word ``except'' is substituted for ``exclusive 
of'' for consistency in this chapter. The word ``controls'' is 
substituted for ``in the possession of'' for clarity. The word 
``considered'' is omitted as surplus. In clause (2), the words ``the 
purposes of'' are omitted as surplus.
    In subsection (c), reference to the Canal Zone is omitted because of 
the Panama Canal Treaty of 1977.
    In subsection (c)(1), before clause (A), the words ``and to do all 
things necessary in connection with the'' are omitted as surplus. The 
word ``airway'' is added for consistency in this chapter. In clause (B), 
the words ``treaty, convention, or'' are omitted as surplus.
    In subsection (c)(2), the words ``in its discretion'', ``therefor'', 
``airport property or airway property or other real or personal'', and 
``the purposes of'' are omitted as surplus.
    In subsection (d)(1), the words ``as determined by the Secretary of 
the department which made the transfer'' are omitted as surplus. The 
words ``(with any improvements to it)'' are substituted for ``together 
with any improvements or additions made thereto'' to eliminate 
unnecessary words. The words ``or persons'' are omitted because of 1:1.
    In subsection (d)(2), the words ``decide not to act'' are 
substituted for ``in any case . . . waive any right or privilege 
conferred or reserved'' to eliminate unnecessary words.

                  Section Referred to in Other Sections

    This section is referred to in section 47302 of this title.
