Section 155.3
Section 155.3

14 CFR Ch. I (1-1-19 Edition)
Applicable law.

(a) Section 4 of the Act of October 1,
1949 (63 Stat. 700) authorizes the Administrator to grant the releases described in Section 155.1, if he determines
that - 
(1) The property to which the release
relates no longer serves the purpose for
which it was made subject to the
terms, conditions, reservations, or restrictions concerned; or
(2) The release will not prevent accomplishing the purpose for which the
property was made subject to the
terms, conditions, reservations, or restrictions, and is necessary to protect
or advance the interests of the United
States in civil aviation.
In addition, section 4 of that Act authorizes the Administrator to grant
the releases subject to terms and conditions that he considers necessary to
protect or advance the interests of the
United States in civil aviation.
(b) Section 2 of the Act of October 1,
1949 (63 Stat. 700) provides that the restrictions against using structures for
industrial purposes in any instrument
of disposal issued under section
13(g)(2)(A) of the Surplus Property Act
of 1944, as amended (61 Stat. 678) are
considered to be extinguished. In addition, section 2 authorizes the Administrator to issue any instruments of release or conveyance necessary to remove, of record, such a restriction,
without monetary consideration to the
United States.
(c) Section 68 of the Atomic Energy
Act of 1954, as amended (42 U.S.C. 2098)
releases, remises, and quitclaims, to
persons entitled thereto, all reserved
rights of the United States in radioactive minerals in instruments of disposal of public or acquired lands. In addition, section 3 of the Act of October
1, 1949 (50 U.S.C. App. 1622b) authorizes
the Administrator to issue instruments
that he considers necessary to correct
any instrument of disposal by which
surplus property was transferred to a
non-Federal public agency for airport
purposes or to conform the transfer to
the requirements of applicable law.
Based on the laws cited in this paragraph, the Administrator issues appropriate instruments of correction upon
the written request of persons entitled

to ownership, occupancy, or use of the
lands concerned.
Section 155.5 Property and releases covered
by this part.
This part applies to - 
(a) Any real or personal property
that is subject to the terms, conditions, reservations, or restrictions in
an instrument of disposal described in
Section 155.1; and
(b) Any release from a term, condition, reservation, or restriction in such
an instrument, including a release of - 
(1) Personal property, equipment, or
structures from any term, condition,
reservation, or restriction so far as
necessary to allow it to be disposed of
for salvage purposes;
(2) Land, personal property, equipment or structures from any term, condition, reservation, or restriction requiring that it be used for airport purposes to allow its use, lease, or sale for
nonairport use in place;
(3) Land, personal property, equipment, or structures from any term,
condition, reservation, or restriction
requiring its maintenance for airport
use;
(4) Land, personal property, equipment, or structures from all terms,
conditions, restrictions, or reservations to allow its use, lease, sale, or
other disposal for nonairport purposes;
and
(5) Land, personal property, equipment, or structures from the reservation of right of use by the United
States in time of war or national emergency, to facilitate financing the operation and maintenance or further development of a public airport.
Section 155.7 General policies.
(a) Upon a request under Section 155.11, the
Administrator issues any instrument
that is necessary to remove, of record,
any restriction against the use of property for industrial purposes that is in
an instrument of disposal covered by
this part.
(b) The Administrator does not issue
a release under this part if it would
allow the sale of the property concerned to a third party, unless the public agency concerned has obligated
itself to use the proceeds from the sale
exclusively for developing, improving,

748

VerDate Sep<11>2014

08:20 May 17, 2019

Jkt 247048

PO 00000

Frm 00758

Fmt 8010

Sfmt 8010

Y:\SGML\247048.XXX

247048