Title 49 — Transportation

Part B · Chapter 471 — Airport Development

§ 47151. Authority to transfer an interest in surplus property

Statutory text

General Authority.—

Subject to sections 47152 and 47153 of this title, a department, agency, or instrumentality of the executive branch of the United States Government or a wholly owned Government corporation may convey to a State, political subdivision of a State, or tax-supported organization any interest in surplus property—

that the Secretary of Transportation decides is—

desirable for developing, improving, operating, or maintaining a public airport (as defined in section 47102 of this title);

reasonably necessary to fulfill the immediate and foreseeable future requirements for developing, improving, operating, or maintaining a public airport; or

needed for developing sources of revenue from nonaviation businesses at a public airport; and

if the Administrator of General Services approves the conveyance and decides the interest is not best suited for industrial use.

Ensuring Compliance.—

Only the Secretary may ensure compliance with an instrument conveying an interest in surplus property under this subchapter. The Secretary may amend the instrument to correct the instrument or to make the conveyance comply with law.

Disposing of Interests Not Conveyed Under This Subchapter.—

An interest in surplus property that could be used at a public airport but that is not conveyed under this subchapter shall be disposed of under other applicable law.

Waiver of Condition.—

The Secretary may not waive any condition imposed on an interest in surplus property conveyed under subsection (a) that such interest be used for an aeronautical purpose unless the Secretary provides public notice not less than 30 days before the issuance of such waiver and determines that such waiver—

will not significantly impair the aeronautical purpose of an airport;

will not result in the permanent closure of an airport (unless the Secretary determines that the waiver will directly facilitate the construction of a replacement airport); or

is necessary to protect or advance the civil aviation interests of the United States.

Requests by Public Agencies.—

Except with respect to a request made by another department, agency, or instrumentality of the executive branch of the United States Government, such a department, agency, or instrumentality shall give priority consideration to a request made by a public agency (as defined in section 47102) for surplus property described in subsection (a) for use at a public airport.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1994
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 47151
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1278
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1278
Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:
2000
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
Pub. L. 106–181 § 135(d)(1)(A)(i) · 114 Stat. 61
Substituted · 49 U.S.C. § 47151(a)
Pub. L. 106–181, § 135(d)(1)(A)(i), substituted “convey to” for “give” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 106–181, § 135(d)(1)(A)(i), substituted “convey to” for “give” in introductory provisions.
Enacted provision · exact public law section
(i) in the matter preceding paragraph (1) by striking “give” and inserting “convey to"; and
Effective date note
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
2000
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
Pub. L. 106–181 § 135(d)(1)(A)(ii) · 114 Stat. 61
Substituted · 49 U.S.C. § 47151(a)(2)
Pub. L. 106–181, § 135(d)(1)(A)(ii), substituted “conveyance” for “gift”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 106–181, § 135(d)(1)(A)(ii), substituted “conveyance” for “gift”.
Enacted provision · exact public law section
(ii) in paragraph (2) by striking “gift” and inserting “conveyance”;
Effective date note
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
2000
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
Pub. L. 106–181 § 135(d)(1)(B) · 114 Stat. 61
1. Substituted · 49 U.S.C. § 47151(b)
  Pub. L. 106–181, § 135(d)(1)(B), substituted “conveying” for “giving”
2. Substituted · 49 U.S.C. § 47151(b)
  Pub. L. 106–181, § 135(d)(1)(B), substituted “conveyance” for “gift”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 106–181, § 135(d)(1)(B), substituted “conveying” for “giving” and “conveyance” for “gift”.
Enacted provision · exact public law section
(B) in subsection (b)— (i) by striking “giving” and inserting “conveying”; and (ii) by striking “gift” and inserting “conveyance”; and
Effective date note
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
2000
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
Pub. L. 106–181 § 135(d)(1)(C) · 114 Stat. 61
1. Substituted · 49 U.S.C. § 47151(c)
  Pub. L. 106–181, § 135(d)(1)(C), substituted “Conveyed” for “Given” in text
2. Substituted · 49 U.S.C. § 47151(c)
  Pub. L. 106–181, § 135(d)(1)(C), substituted “conveyed” for “given” in text
Source evidence
Code amendment note
Subsec. (c). Pub. L. 106–181, § 135(d)(1)(C), substituted “Conveyed” for “Given” in heading and “conveyed” for “given” in text.
Enacted provision · exact public law section
(C) in subsection (c)— (i) in the subsection heading by striking “Given” and inserting “Conveyed”; and (ii) by striking “given” and inserting “conveyed”;
Effective date note
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
2000
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
Pub. L. 106–181 § 125(c) · 114 Stat. 61
Added · 49 U.S.C. § 47151(d)
Pub. L. 106–181, § 125(c), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 106–181, § 125(c), added subsec. (d).
Enacted provision · exact public law section
(c) Surplus Property.— Section 47151 is amended by adding at the end the following: “(d) Waiver of Condition.— Before the Secretary may waive any condition imposed on an interest in surplus property conveyed under subsection (a) that such interest be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before waiving such condition.”.
Effective date note
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
2000
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
Pub. L. 106–181 § 136 · 114 Stat. 61
Added · 49 U.S.C. § 47151(e)
Pub. L. 106–181, § 136, added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 106–181, § 136, added subsec. (e).
Enacted provision · exact public law section
SEC. 136. CONVEYANCES OF AIRPORT PROPERTY FOR PUBLIC AIRPORTS. Section 47151 (as amended by section 125(c) of this Act) is further amended by adding at the end the following: “(e) Requests by Public Agencies.— Except with respect to a request made by another department, agency, or instrumentality of the executive branch of the United States Government, such a department, agency, or instrumentality shall give priority consideration to a request made by a public agency (as defined in section 47102) for surplus property described in subsection (a) (other than real property that is subject to section 2687 of title 10, section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note), or section 2905 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note)) for use at a public airport.”.
Effective date note
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
2012
FAA Modernization and Reform Act of 2012
Pub. L. 112–95 title I § 152(f) · 126 Stat. 11
Struck · 49 U.S.C. § 47151(e)
Pub. L. 112–95 struck out “(other than real property that is subject to section 2687 of title 10, section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note), or section 2905 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note))” after “subsection (a)”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 112–95 struck out “(other than real property that is subject to section 2687 of title 10, section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note), or section 2905 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note))” after “subsection (a)”.
Enacted provision · exact public law section
(f) Correction to Surplus Property Authority.— Section 47151(e) is amended by striking “(other than real property” and all that follows through “(10 U.S.C. 2687 note))”.
2024
Pub. L. 118–63 title VII § 719(b)(1) · 138 Stat. 1261
1. Added · 49 U.S.C. § 47151(d)
  Pub. L. 118–63 added subsec. (d)
2. Struck · 49 U.S.C. § 47151(d)
  Pub. L. 118–63 struck out former subsec. (d). Prior to amendment, text read as follows: “Before the Secretary may waive any condition imposed on an interest in surplus property conveyed under subsection (a) that such interest be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before waiving such condition.”
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (d). Pub. L. 118–63 added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “Before the Secretary may waive any condition imposed on an interest in surplus property conveyed under subsection (a) that such interest be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before waiving such condition.”

10 of 12 references resolved to an enrolled provision · 2 unresolved

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
47151(a)	49 App.:1655(c)(1).	Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444.
	50 App.:1622(g)(1).	Oct. 3, 1944, ch. 479, 58 Stat. 765, § 13(g)(1); added July 30, 1947, ch. 404, § 2, 61 Stat. 678; Aug. 23, 1958, Pub. L. 85–726, § 1402(c), 72 Stat. 807; May 21, 1970, Pub. L. 91–258, § 52(b)(6), 84 Stat. 235; Sept. 3, 1982, Pub. L. 97–248, § 524(c), 96 Stat. 696.
47151(b)	49 App.:1655(c)(1).
	50 App.:1622b.	Oct. 1, 1949, ch. 589, § 3, 63 Stat. 700; Aug. 23, 1958, Pub. L. 85–726, § 1402(c), 72 Stat. 807.
47151(c)	50 App.:1622(g)(5), (6).	Oct. 3, 1944, ch. 479, 58 Stat. 765, § 13(g)(5), (6); added July 30, 1947, ch. 404, § 2, 61 Stat. 680.

In subsection (a), before clause (1), the words “Notwithstanding any other provision of this Act” are omitted as surplus. The words “Subject to sections 47152 and 47153 of this title” are substituted for “but subject to the terms, conditions, reservations, and restrictions hereinafter provided for” to eliminate unnecessary words. The words “a department, agency, or instrumentality of the executive branch of the United States Government or a wholly owned Government corporation” are substituted for “any disposal agency designated pursuant to this Act” for clarity because disposal agencies were Government agencies designated under 50 App.:1619(a), that was repealed by section 602(a)(1) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 399), and Government agencies were all departments, agencies, and instrumentalities of the executive branch of the United States Government and wholly owned Government corporations. The word “give” is substituted for “convey or dispose of . . . without monetary consideration to the United States”, to eliminate unnecessary words. The word “municipality” is omitted as being included in “political subdivision”. The words “of a State” are added for clarity and consistency in the revised title and with other titles of the United States Code. The word “organization” is substituted for “institution” for consistency in the revised title. The words “all of the right, title, and . . . of the United States . . . and to . . . real or personal” are omitted as surplus. In clause (1)(A), the words “essential, suitable, or” are omitted as surplus. In clause (1)(B), the words “of the grantee” are omitted as surplus. In clause (2), the words “Administrator of General Services” are substituted for “[War Assets] Administrator” in section 13(g)(1) of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) because of section 105 of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 381). The words “and decides the interest is not best suited for industrial use” are substituted for “(exclusive of property the highest and best use of which is determined by the Administrator of General Services to be industrial and which shall be so classified for disposal without regard to the provisions of this subsection)” to eliminate unnecessary words.

Subsection (b) is substituted for 50 App.:1622b to eliminate unnecessary words.

In subsection (c), the text of 50 App.:1622(g)(5) is omitted as obsolete because 50 App.:1621, 1622(f), and 1627(e) were repealed by section 602(a)(1) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 399). The words “An interest in surplus property that could be used at a public airport” are substituted for “All surplus property within the purview of this subsection” for clarity. The words “elsewhere in this Act or other applicable” are omitted as surplus. The word “law” is substituted for “Federal Statute” for consistency in the revised title and with other titles of the Code.

Editorial Notes

Amendments2000–2024 · 3 rounds

2024

Subsec. (d). Pub. L. 118–63 added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “Before the Secretary may waive any condition imposed on an interest in surplus property conveyed under subsection (a) that such interest be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before waiving such condition.”

2012

Subsec. (e). Pub. L. 112–95 struck out “(other than real property that is subject to section 2687 of title 10, section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note), or section 2905 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note))” after “subsection (a)”.

2000

Subsec. (a). Pub. L. 106–181, § 135(d)(1)(A)(i), substituted “convey to” for “give” in introductory provisions.

Subsec. (a)(2). Pub. L. 106–181, § 135(d)(1)(A)(ii), substituted “conveyance” for “gift”.

Subsec. (b). Pub. L. 106–181, § 135(d)(1)(B), substituted “conveying” for “giving” and “conveyance” for “gift”.

Subsec. (c). Pub. L. 106–181, § 135(d)(1)(C), substituted “Conveyed” for “Given” in heading and “conveyed” for “given” in text.

Subsec. (d). Pub. L. 106–181, § 125(c), added subsec. (d).

Subsec. (e). Pub. L. 106–181, § 136, added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Construction of 2000 Amendment

Nothing in amendment by section 125(c) of Pub. L. 106–181 to be construed to authorize Secretary of Transportation to issue waiver or make a modification referred to in such amendment, see section 125(e) of Pub. L. 106–181, set out as a note under section 47107 of this title.

Credits

1994–2024 · 4 acts

1994Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1278
2000Pub. L. 106–181, title I, §§ 125(c), 135(d)(1), 136, Apr. 5, 2000, 114 Stat. 75, 84, 85
2012Pub. L. 112–95, title I, § 152(f), Feb. 14, 2012, 126 Stat. 34
2024Pub. L. 118–63, title VII, § 719(b)(1), May 16, 2024, 138 Stat. 1261.

Show as published

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1278; Pub. L. 106–181, title I, §§ 125(c), 135(d)(1), 136, Apr. 5, 2000, 114 Stat. 75, 84, 85; Pub. L. 112–95, title I, § 152(f), Feb. 14, 2012, 126 Stat. 34; Pub. L. 118–63, title VII, § 719(b)(1), May 16, 2024, 138 Stat. 1261.)