Public Law 80–792

That section 302 (a) of the Civil Aeronautics Act of 1938, as amended, is amended to read as follows:

“general

“Sec. 302.

(a)(a)

The Administrator is authorized and directed to designate and establish such civil airways as may be required in the public interest. The Administrator is authorized, within the limits of available appropriations made by the Congress, (1) to acquire, establish, and improve air-navigation facilities wherever necessary; (2) to operate and maintain such air-navigation facilities; (3) to arrange for publication of aeronautical maps and charts necessary for the safe and efficient movement of aircraft in civil air navigation utilizing the facilities and assistance of existing agencies of the Government so far as practicable; and (4) to provide necessary facilities and personnel for the regulation and protection of air traffic. In exercising the authority granted in this subsection, the Administrator shall give full consideration to the requirements of National Defense.”

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Sec. 2.

Section 302 of the Civil Aeronautics Act of 1938, as amended,

52 Stat. 985.

49 U. S. C. § 452 (c).

is amended by striking out subsection (c) of such section and by inserting in lieu thereof the following subsections:

“acquisition and disposal of property

“(c)“(c)

The Administrator, on behalf of the United States, is authorized, where appropriate to carry out this section, (1) to accept any

Acceptance of gifts, etc.

conditional or unconditional gift or donation of money or other property, real or personal, or of services; (2) within the limits of available appropriations made by the Congress therefor, to acquire by purchase, condemnation, lease, or otherwise, real property or interests therein, including, in the case of air-navigation facilities (including airports) owned by the United States and operated under the direction of the Administrator, easements through or other interests in airspace immediately adjacent thereto and needed in connection therewith; and (3) for adequate compensation, by sale, lease, or otherwise, to dispose of any real or personal property or interests therein, so acquired. Any such acquisition by condemnation may be made in accordance with the provisions of the Act of August 1, 1888 (40 U. S. C. 257; 25 Stat. 357),

Ante, p. 986.

the Act of February 26, 1931 (40 U. S. C. 258a–258e; 46 Stat. 1421), or any other applicable Act of Congress: Provided, That in the case of condemnations of easements through or other interests in airspace, in fixing condemnation awards, consideration may be given to the reasonable probable future use of the underlying land.”

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Sec. 3.

Title III of the Civil Aeronautics Act of 1938, as amended, is

52 Stat. 985.

49 U. S. C. §§ 451–458.

Ante, p. 1093.

amended by adding at the end thereof a new section as follows:

“power to conduct hearings and investigations

“Sec. 309.

In the conduct of any public hearings or investigations authorized by this Act or by the Federal Airport Act, the Administrator

60 Stat. 170.

49 U. S. C. §§ 1101–1119.

Ante, pp. 173, 1111.

52 Stat. 1021.

49 U. S. C. § 644.

or any duly designated examiner shall have the same powers to take evidence, issue subpenas, take depositions, and compel testimony as are vested in members of the Board and its duly designated examiners by section 1004 of this Act. Actions of the Administrator or his examiners in such cases shall be governed by the procedures specified in section 1004, and be enforced in the manner provided therein.”

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Sec. 4.

Section 601 of the Civil Aeronautics Act of 1938, as amended,

52 Stat. 1007.

49 U. S. C. § 551.

is amended by adding thereto a new subsection as follows:

“delegation of authority

“(c)“(c)

The Civil Aeronautics Board, subject to such terms, conditions, and limitations as the Board may specify, is empowered to delegate to the Administrator the power or authority to prescribe rules, regulations, and standards under this title and to perform functions authorized under section 702 of this Act. The Board may modify

52 Stat. 1013.

49 U. S. C. § 582.

suspend, revoke, or terminate such power or authority so delegated by it to the Administrator and may prescribe by rules and regulations such provisions and procedures for review of actions taken by the Administrator under authority delegated hereunder as it may deem necessary and appropriate in the public interest. Except as specifically provided in the rules and regulations of the Board, the filing of a petition for review shall not excuse any person from complying with the action of the Administrator nor operate in any manner to stay the enforcement of such action: Provided, That nothing in this

60 Stat. 237.

5 U. S. C. §§ 1001–1011; Supp. I, § 1001.

Ante, p. 99.

subsection shall be construed as amending, modifying, or repealing any provision of the Administrative Procedure Act.”

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