49-U.S.C.-47305

49-U.S.C.-47305

§47305 – Administrative

Pathway

Title 49 > Subtitle VII > Part B > Chapter 473 > Section 47305

Details

  • Reference: Section 47305
  • Legend: §47305 – Administrative
  • USCode Year: 2013

Provision Content

(a) General Authority.—The Secretary of Transportation shall consolidate, operate, protect, maintain, and improve airport property and airway property (except meteorological facilities), and the Secretary of Commerce may consolidate, operate, protect, maintain, and improve meteorological facilities, that the appropriate Secretary has acquired and that are located in territory outside the continental United States. In carrying out this section, the appropriate Secretary may—

(1) adapt the property or facility to the needs of civil aeronautics;

(2) lease the property or facility for not more than 20 years;

(3) make a contract, or provide directly, for facilities and services;

(4) make reasonable charges for aeronautical services; and

(5) acquire an interest in property.

(b) Crediting Appropriations.—Money received from the direct sale or charge that the Secretary of Transportation or Commerce, as appropriate, decides is equivalent to the cost of facilities and services sold or provided under subsection (a)(3) and (4) of this section is credited to the appropriation from which the cost was paid. The balance shall be deposited in the Treasury as miscellaneous receipts.

(c) Using Other Government Facilities and Services.—To carry out this chapter and to use personnel and facilities of the United States Government most advantageously and without unnecessary duplication, the Secretary of Transportation or Commerce, as appropriate, shall request, when practicable, to use a facility or service of an appropriate department, agency, or instrumentality of the Government on a reimbursable basis. A department, agency, or instrumentality receiving a request under this section may provide the facility or service.

(d) Advertising Not Required.—Section 6101(b) to (d) of title 41 does not apply to a lease or contract made by the Secretary of Transportation or Commerce under this chapter.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1282; Pub. L. 111–350, §5(o)(9), Jan. 4, 2011, 124 Stat. 3854.)

Historical and Revision Notes
Revised
Section
Source (U.S. Code) Source (Statutes at Large)
47305(a) 49 App.:1159(a) (1st sentence), (b). June 16, 1948, ch. 473, §10(a) (1st sentence), (b)–(d), 62 Stat. 453, 454.
  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.
47305(b) 49 App.:1159(c).
  49 App.:1655(c)(1).
47305(c) 49 App.:1160. June 16, 1948, ch. 473, §12, 62 Stat. 454; Aug. 23, 1958, Pub. L. 85–726, §1403, 72 Stat. 808; Jan. 3, 1975, Pub. L. 93–623, §3, 88 Stat. 2103.
  49 App.:1655(c)(1).
47305(d) 49 App.:1159(d).
  49 App.:1655(c)(1).

In this section, the title Secretary of Commerce is substituted for Chief of the Weather Bureau in section 10(b)–(d), and for Chief of the Weather Bureau and Weather Bureau in section 12, of the International Aviation Facilities Act (ch. 473, 62 Stat. 454) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318).

In subsection (a), before clause (1), the words do and perform, by contract or otherwise, all acts and things necessary or incident to and pursuant to this chapter or any other provision of law are omitted as surplus. In clause (1), the words from time to time and by construction, installation, reengineering, relocation, or otherwise are omitted as surplus. The text of 49 App.:1159(a)(2) is omitted as surplus because of 49:322(a). In clause (2), the words under such conditions as he may deem proper and space or are omitted as surplus. The words for not more than 20 years are substituted for and for such periods as may be desirable (not to exceed twenty years) to eliminate unnecessary words. The words for purposes essential or appropriate to their consolidation, operation, protection, and administration under this chapter are omitted as surplus. In clause (3), the words the sale of fuel, oil, equipment, food and supplies, hotel accommodations, and other and necessary or desirable for the operation and administration of such properties are omitted as surplus. In clause (4), the word reasonable is substituted for just and reasonable for consistency in the revised title and with other titles of the United States Code. The words (including but not limited to landing fees and fees for the use of communication services) are omitted as surplus. In clause (5), the words by purchase or otherwise, real or personal and which he may consider necessary for the purposes of this section are omitted as surplus.

In subsection (b), the words including handling charges are omitted as surplus. The words facilities and services sold or provided are substituted for of the fuel, oil, equipment, food, supplies, services, shelter, or other assistance or services sold or furnished for consistency and to eliminate unnecessary words. The words under subsection (a)(3) and (4) of this section are added for clarity. The words if any are omitted as surplus. The words deposited in the Treasury as are substituted for credited to for clarity and consistency in the revised title and with other titles of the Code.

In subsection (c), the words use personnel and facilities of the United States Government most advantageously and without unnecessary duplication are substituted for to the end that personnel and facilities of existing United States Government agencies shall be utilized to the fullest possible advantage and not be unnecessarily duplicated to eliminate unnecessary words. The word request is substituted for arrange for for clarity. The words department, agency, or instrumentality of the Government are substituted for other United States Government agencies for consistency in the revised title and with other titles of the Code. The words on a reimbursable basis are substituted for and to reimburse any such agency for such service out of funds appropriated to the Department of Transportation or the Department of Commerce, as the case may be to eliminate unnecessary words.

Amendments

2011—Subsec. (d). Pub. L. 111–350 substituted Section 6101(b) to (d) of title 41 for Section 3709 of the Revised Statutes (41 U.S.C. 5).

Annette Island Airport, Alaska; Renewal of Lease

Act May 9, 1956, ch. 241, 70 Stat. 146, provided: That the Congress of the United States hereby approves the extension, from year to year, until June 30, 1999, of a lease of certain land comprising part of Annette Island, Alaska, for use by the Civil Aeronautics Administration [now the Federal Aviation Administration] as an airport, entered into by the United States of America and the Council of the Annette Island Reserve on December 13, 1948, section 5 of which lease provides that no renewal thereof shall extend beyond June 30, 1959, unless approved by Congress.

U.S. Encyclopedia of Law Coverage

49-U.S.C.-47141 in the Legal Encyclopedia: Transportation

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49-U.S.C.-47140A in the Legal Encyclopedia: Transport Programs

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Subchapter II – Surplus Property For Public Airports in the Legal Encyclopedia: Aviation Programs

In this entry about Subchapter II – Surplus Property For Public Airports, find legal reference material, bibliographies and premiere content related to aviation programs in the American Encyclopedia of Law, presenting a comprehensive view of the United States aviation programs-specific issues, written by authorities in the field.

Subchapter II – Surplus Property For Public Airports in the Legal Encyclopedia: Airport

In this entry about Subchapter II – Surplus Property For Public Airports, find legal reference material, bibliographies and premiere content related to airport in the American Encyclopedia of Law, presenting a comprehensive view of the United States airport-specific issues, written by authorities in the field.

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