§ 47152 — Terms Of Conveyances

Except as provided in section 47153 of this title, the following terms apply to a conveyance 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.