GOVERNMENT SURPLUS AIRPORTS AND

EQUIPMENT

[Act of July 30, 1947, 61 Stat. 678, as amended by Act of June 30, 1949, 63 Stat. 399; Act of October 1, 1949, 63 Stat. 700; and Act of August 23, 1958 (Federal Aviation Act), 72 Stat. 731]

AN ACT

To expedite the disposition of Government surplus airports, airport facilities, and equipment and to assure their disposition in such manner as will best encourage and foster the development of civilian aviation and preserve for national defense purposes a strong, efficient, and properly maintained Nationwide system of public airports, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SEC. 2. [61 Stat. 678, as amended by 63 Stat. 700, 701, 72 Stat. 731, 50 U.S. C. App. 1622 (g)] Section 13 of the Surplus Property Act of 1944 (58 Stat. 765), as amended, is hereby amended by adding a new subsection (g) reading as follows:

"(g) (1) Notwithstanding any other provision of this Act, any disposal agency designated pursuant to this Act may, with the approval of the Administrator, convey or dispose of to any State, political subdivision, municipality, or tax-supported institution, without monetary consideration to the United States, but subject to the terms, conditions, reservations, and restrictions hereinafter provided for, all of the right, title, and interest of the United States in and to any surplus real or personal property (exclusive of property the highest and best use of which is determined by the Administrator to be industrial and which shall be so classified for disposal without regard to the provisions of this subsection) which, in the determination of the Administrator of the Federal Aviation Agency, is essential, suitable, or desirable for the development, improvement, operation, or maintenance of a public airport as defined in the Federal Airport Act (60 Stat. 170) or reasonably necessary to fulfill the immediate and foreseeable future requirements of the grantee for the development, improvement, operation, or maintenance of a public airport, including property needed to develop sources of revenue from nonaviation businesses at a public airport. "(2) Except as provided in paragraph (3) hereof, all property disposed of under the authority of this subsection shall be disposed of

Section 502 (a) (1) of the Federal Property and Administrative Services Act of 1949 (63 Stat. 399), as amended, expressly repeals all of the provisions of the Surplus Property Act of 1944, as amended, with the exception of sections 13 (d), 13 (g), 13 (h), 28, and 32 (b) (2). In addition, while the subsection added to the Surplus Property Act by the quoted statute, as amended. is one of those which are thus continued in effect, that subsection is in effect amended in some respects by other provisions of the Federal Property and Administrative Services Act of 1949. For example, that act has the effect of changing the meaning of the terms "Administrator" and "surplus property" as used in section 13 (g).

on and subject to the following terms, conditions, reservations, and restrictions:

"(A) No property disposed of under the authority of this subsection shall be used, leased, sold, salvaged, or disposed of by the grantee or transferee for other than airport purposes without the written consent of the Administrator of the Federal Aviation Agency, which consent shall be granted only if the Administrator of the Federal Aviation Agency determines that the property can be used, leased, sold, salvaged, or disposed of for other than airport purposes without materially and adversely affecting the development, improvement, operation, or maintenance of the airport at which such property is located.

"(B) All property transferred for airport purposes shall be used and maintained for the use and benefit of the public, without unjust

discrimination.

"(C) No exclusive right for the use of the airport at which the property disposed of is located shall be vested (either directly or indirectly) in any person or persons to the exclusion of others in the same class. For the purpose of this condition, an exclusive right is defined to mean

"(1) any exclusive right to use the airport for conducting any particular aeronautical activity requiring operation of aircraft; "(2) any exclusive right to engage in the sale or supplying of aircraft, aircraft accessories, equipment, or supplies (excluding the sale of gasoline and oil), or aircraft services necessary for the operation of aircraft (including the maintenance and repair of aircraft, aircraft engines, propellers, and appliances).

"(D) The grantee shall, insofar as it is within its powers, adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.

"(E) During any national emergency declared by the President or by the Congress, the United States shall have the right to make exclusive or nonexclusive use and have exclusive or nonexclusive control and possession, without charge, of the airport at which the surplus property is located or used, or of such portion thereof as it may desire: Provided, however, That the United States shall be responsible for the entire cost of maintaining such part of the airport as it may use exclusively, or over which it may have exclusive possession and control, during the period of such use, possession, or control, and shall be obligated to contribute a reasonable share, commensurate with the use made by it, of the cost of maintenance of such property as it may use nonexclusively or over which it may have nonexclusive control and possession: Provided further, That the United States shall pay a fair rental for its use, control, or possession, exclusively or nonexclusively, of any improvements to the airport made without United States aid.

"(F) The United States shall at all times have the right to make nonexclusive use of the landing area of the airport at which the surplus property is located or used, without charge: Provided, however, That such use may be limited as may be determined at any time by the Administrator of the Federal Aviation Agency to be necessary to pre

GOVERNMENT SURPLUS AIRPORTS AND EQUIPMENT 199

vent undue interference with use by other authorized aircraft: Provided further, That the United States shall be obligated to pay for damages caused by such use, or if its use of the landing area is substantial, to contribute a reasonable share of the cost of maintaining and operating the landing area, commensurate with the use made by it. "(G) Any public agency accepting a conveyance or transfer of surplus property under the provisions of this subsection shall release the United States from any and all liability it may be under for restoration or other damages under any lease or other agreement covering the use by the United States of any airport, or part thereof, owned, controlled, or operated by the public agency upon which, adjacent to which, or in connection with which, the surplus property was located or used: Provided, That no such release shall be construed as depriving the public agency of any right it may otherwise have to receive reimbursement under section 17 of the Federal Airport Act for the necessary rehabilitation or repair of public airports heretofore or hereafter substantially damaged by any Federal agency.

"(H) In the event that any of the terms, conditions, reservations, and restrictions upon or subject to which the property is disposed of is not met, observed, or complied with, all of the property so disposed of or any portion thereof, shall, at the option of the United States, revert to the United States in its then existing condition.

"(3) In making any disposition of surplus property under this subsection (g), the disposal agency is authorized, upon the request of the Administrator of the Federal Aviation Agency, the Secretary of War, or the Secretary of the Navy, to omit from the instruments of disposal any of the terms, conditions, reservations, and restrictions required by paragraph (2) hereof, and to include any additional terms, conditions, reservations, and restrictions, if the Administrator of the Federal Aviation Agency, the Secretary of War, or the Secretary of the Navy determines that such omission or inclusion is necessary to protect or advance the interests of the United States in civil aviation or for national defense.

(4) [Repealed by Act of October 1, 1949, 63 Stat. 701]

(5) All surplus property within the purview of this subsection which is not disposed of pursuant hereto shall be disposed of as provided elsewhere in this Act or other applicable Federal Statute.

"(6) Notwithstanding the provisions of subsection (f) of this section and subsection (e) of section 18, the disposal of surplus property under this subsection, which is determined by the Administrator to be available for the purposes enumerated in this subsection, shall be given priority immediately following transfers to other Government agencies under section 12."

[Act of October 1, 1949, 63 Stat. 700; as amended by Act of August 23, 1958 (Federal Aviation Act), 72 Stat. 731]

AN ACT

To amend Public Law 289, Eightieth Congress, with respect to surplus airport property and to provide for the transfer of compliance functions with relation to such property.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SEC. 2. [63 Stat. 700, 72 Stat. 731, 50 U. S. C. App. 1622a] Notwithstanding any other provision of law, the restriction against use of structures for industrial purposes, as contained in any deed or instrument of disposal pursuant to section 13 (g) (2) (A) of the Surplus Property Act of 1944 (58 Stat. 765), as amended by the Act of July 30, 1947 (61 Stat. 678),1 shall, from and after the effective date of this Act, be deemed extinguished and of no force and effect. The Administrator of the Federal Aviation Agency is hereby authorized to issue such instruments of release or correction, as may be necessary to effect removal of record of such restriction from any of such deeds or other instruments of disposal, without monetary consideration to the United States.

SEC. 3. [63 Stat. 700, 72 Stat. 731, 50 U. S. C. App. 16226] The Administrator of the Federal Aviation Agency shall have the sole responsibility for determining and enforcing compliance with the terms, conditions, reservations, and restrictions contained in any instrument of disposal by which surplus property is or has been transferred to States and their political subdivisions, municipalities, and tax-supported institutions pursuant to the Surplus Property Act of 1944, for use in the development, improvement, operation, or maintenance of a public airport or to provide sources of revenue from nonaviation businesses at a public airport (including property transferred for any such use pursuant to such act prior to July 30, 1947), and the Administrator is authorized to reform, correct, or amend any instrument of disposal by which such property was conveyed by the issuance of a corrective, reformative, or amendatory instrument where such action is determined by him to be necessary to correct such instrument or to conform the transfer to the requirements of applicable law.

SEC. 4. [63 Stat. 700, 72 Stat. 731, 50 U. S. C. App. 1622c] Notwithstanding any other provision of law, the Administrator of the Federal Aviation Agency is further authorized, without monetary consideration to the United States, to grant releases from any of the terms, conditions, reservations, and restrictions contained in, and to convey, quitclaim, or release any right or interest reserved to the United States by, any such instrument of disposal, if he determines that the property transferred by such instrument no longer serves the purpose for which it was transferred, or that such release, conveyance, or quitclaim will not prevent accomplishment of the purpose for which the property was transferred and is necessary to protect or advance the interests of the United States in civil aviation: Provided, That any such release, conveyance, or quitclaim may be granted on, or made subject to, such terms and conditions as the Administrator of the Federal Aviation Agency deems necessary to protect or advance the interests of the United States in civil aviation: And provided further, That no release, conveyance, or quitclaim shall be executed by the Administrator pursuant to this section except upon the condition that, in the event that the property to which such release, conveyance, or quitclaim relates shall be sold to any third party within five years after the date of enactment of this Act, the proceeds of such sale shall be devoted exclusively to the development, improvement, operation, or maintenance of a public airport.

1 The cited paragraph (A) included a proviso (repealed by section 1 of the Act of October 1, 1949, 63 Stat. 700) reading as follows: "Provided, That no structure disposed of hereunder shall be used as an industrial plant, factory, or similar facility within the meaning of section 23 of this Act, unless the public agency receiving title to such struc tures shall pay to the United States such sum as the Administrator shall determine to be a fair consideration for the removal of the restrictions composed by this proviso."

ALASKAN AIRPORTS

[Act of May 28, 1948, 62 Stat. 277, as amended by Act of March 10, 1950, 64 Stat. 12, Act of October 10, 1951, 65 Stat. 371; Act of October 31, 1951, 65 Stat. 707; Act of July 3, 1958, 72 Stat. 321; and Act of August 23, 1958 (Federal Aviation Act), 72 Stat. 731]

AN ACT

To authorize the construction, protection, operation, and maintenance of public airports in the Territory of Alaska.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [62 Stat. 277, 72 Stat. 731, 48 U.S. C. 485] That the Administrator of the Federal Aviation Agency (hereinafter referred to as the "Administrator") is hereby authorized and directed to construct, protect, operate, improve, and maintain within the Territory of Alaska a public airport at or near Anchorage and a public airport at or near Fairbanks (including all buildings and other structures necessary or desirable therefor) adequate for the needs of the air-transportation services and air commerce of the United States serving the Territory of Alaska and foreign countries by way of points within the Territory of Alaska.

SEC. 2. [62 Stat. 278, 48 U.S. C. 485a] For the purpose of carrying out this Act the Administrator is authorized to acquire by purchase, lease, condemnation, or otherwise (including transfer with or without compensation from Federal agencies or the Territory of Alaska or any political subdivision thereof), such lands and appurtenances thereto as may be necessary or desirable for the construction, protection, maintenance, improvement, and operation of said airports.

SEO. 3. [62 Stat. 278, 48 U. S. C. 4856] For the purpose of this Act the Administrator is empowered to acquire by purchase, lease, condemnation, or otherwise (including transfer with or without compensation from Federal agencies or the Territory of Alaska or any political subdivision thereof), rights-of-way or easements for roads, trails, pipe lines, power lines, railroad spurs, and other similar facilities necessary or desirable for the proper operation of the airports.

The Administrator is authorized to construct any public highways or bridges from the cities of Anchorage and Fairbanks to whatever airport locations may be selected. Upon completion said highways and bridges shall be transferred to the Territory of Alaska without charge and thereafter be maintained by the Territory.

SEC. 4. [62 Stat. 278, 72 Stat. 731, 48 U. S. C. 4850] The Administrator shall have control over and responsibility for the care, operation, maintenance, improvement, and protection of the airports, together with the power to make and amend such rules and regulations as he may deem necessary to the proper exercise thereof: Provided, That the authority herein contained may be delegated by the Administrator to