49-U.S.C.-47153
§47153 – Waiving and Adding Terms
Pathway
Title 49 > Subtitle VII > Part B > Chapter 471 > Subchapter II > Section 47153
Details
- Reference: Section 47153
- Legend: §47153 – Waiving and Adding Terms
- USCode Year: 2013
Provision Content
(a) General Authority.—(1) The Secretary of Transportation may waive, without charge, a term of a conveyance of an interest in property under this subchapter if the Secretary decides that—
(A) the property no longer serves the purpose for which it was conveyed; or
(B) the waiver will not prevent carrying out the purpose for which the conveyance was made and is necessary to advance the civil aviation interests of the United States.
(2) The Secretary of Transportation shall waive a term under paragraph (1) of this subsection on terms the Secretary considers necessary to protect or advance the civil aviation interests of the United States.
(b) Waivers and Inclusion of Additional Terms on Request.—On request of the Secretary of Transportation or the Secretary of a military department, a department, agency, or instrumentality of the executive branch of the United States Government or a wholly owned Government corporation may waive a term required by section 47152 of this title or add another term if the appropriate Secretary decides it is necessary to protect or advance the interests of the United States in civil aviation or for national defense.
(c) Public Notice Before Waiver.—Notwithstanding subsections (a) and (b), before the Secretary may waive any term imposed under this section that an interest in land be used for an aeronautical purpose, the Secretary must provide notice to the public not less than 30 days before waiving such term.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1280; Pub. L. 106–181, title I, §§125(d), 135(d)(3), Apr. 5, 2000, 114 Stat. 76, 85.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47153(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.:1622c. | Oct. 1, 1949, ch. 589, §4, 63 Stat. 700; Aug. 23, 1958, Pub. L. 85–726, §1402(c), 72 Stat. 807. | |
| 47153(b) | 49 App.:1655(c)(1). | |
| 50 App.:1622(g)(3). | Oct. 3, 1944, ch. 479, 58 Stat. 765, §13(g)(3); added July 30, 1947, ch. 404, §2, 61 Stat. 680; Aug. 23, 1958, Pub. L. 85–726, §1402(c), 72 Stat. 807. |
In subsection (a), before clause (1), the words Notwithstanding any other provision of law and further are omitted as surplus. The word waive is substituted for grant releases from and and to convey, quitclaim, or release any right or interest reserved to the United States by to eliminate unnecessary words. The words a term of a gift of an interest in property under this subchapter are substituted for any of the terms, conditions, reservations, and restrictions contained in . . . any such instrument of disposal for clarity and consistency. In clause (1), the words transferred by such instrument are omitted as surplus. In clause (2), the text of 50 App.:1622c (last proviso) is omitted as executed. The words protect or are omitted as surplus.
In subsection (b), the words In making any disposition of surplus property under this subsection are omitted as surplus. The words Secretary of a military department are substituted for the Secretary of the Army, or the Secretary of the Navy for consistency with other titles of the United States Code and to eliminate unnecessary words. The words Secretary of the Army are substituted for Secretary of War in section 13(g)(3) of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501). The Secretary of the Air Force is included in Secretary of a military department because of section 207(a) and (f) of the National Security Act of 1947 (ch. 343, 61 Stat. 502, 503). The word waive is substituted for omit from the instrument of disposal to eliminate unnecessary words and for consistency in this subchapter. The words conditions, reservations, and restrictions are omitted as surplus.
Amendments
2000—Subsec. (a)(1). Pub. L. 106–181, §135(d)(3), substituted conveyance for gift in introductory provisions and subpar. (B) and conveyed for given in subpar. (A).
Subsec. (c). Pub. L. 106–181, §125(d), added subsec. (c).
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(d) 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.
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
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Subchapter II – Surplus Property For Public Airports in the Legal Encyclopedia: Airport
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