View all text of Subchapter II [§ 47151 - § 47153]
§ 47151. Authority to transfer an interest in surplus property
(a)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—
(1) that the Secretary of Transportation decides is—
(A) desirable for developing, improving, operating, or maintaining a public airport (as defined in section 47102 of this title);
(B) reasonably necessary to fulfill the immediate and foreseeable future requirements for developing, improving, operating, or maintaining a public airport; or
(C) needed for developing sources of revenue from nonaviation businesses at a public airport; and
(2) if the Administrator of General Services approves the conveyance and decides the interest is not best suited for industrial use.
(b)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.
(c)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.
(d)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—
(1) will not significantly impair the aeronautical purpose of an airport;
(2) 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
(3) is necessary to protect or advance the civil aviation interests of the United States.
(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) for use at a public airport.
(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.)