749 

Federal Aviation Administration, DOT 

§ 155.11 

operating, or maintaining a public air-
port. 

(c) Except for a release from a re-

striction against using property for in-
dustrial purposes, the Administrator 
does not issue a release under this part 
unless it is justified under § 155.3(a) (1) 
or (2). 

(d) The Administrator may issue a 

release from the terms, conditions, res-
ervations, or restrictions of an instru-
ment of disposal subject to any other 
terms or conditions that he considers 
necessary to protect or advance the in-
terests of the United States in civil 
aviation. Such a term or condition, in-
cluding one regarding the use of pro-
ceeds from the sale of property, is im-
posed as a personal covenant or obliga-
tion of the public agency concerned 
rather than as a term or condition to 
the release or as a covenant running 
with the land, unless the Adminis-
trator determines that the purpose of 
the term or condition would be better 
achieved as a condition or covenant 
running with the land. 

(e) A letter or other document issued 

by the Administrator that merely 
grants consent to or approval of a 
lease, or to the use of the property for 
other than the airport use con-
templated by the instrument of dis-
posal, does not otherwise release the 
property from the terms, conditions, 
reservations, or restrictions of the in-
strument of disposal. 

§ 155.9

Release from war or national 

emergency restrictions. 

(a) The primary purpose of each 

transfer of surplus airport property 
under section 13 of the Surplus Prop-
erty Act of 1944 was to make the prop-
erty available for public or civil air-
port needs. However, it was also in-
tended to ensure the availability of the 
property transferred, and of the entire 
airport, for use by the United States 
during a war or national emergency, if 
needed. As evidence of this purpose, 
most instruments of disposal of surplus 
airport property reserved or granted to 
the United States a right of exclusive 
possession and control of the airport 
during a war or emergency, substan-
tially the same as one of the following: 

(1) That during the existence of any 

emergency declared by the President or 

the Congress, the Government shall 
have the right without charge except 
as indicated below to the full, unre-
stricted possession, control, and use of 
the landing area, building areas, and 
airport facilities or any part thereof, 
including any additions or improve-
ments thereto made subsequent to the 
declaration of the airport property as 
surplus: 

Provided, however, 

That the 

Government shall be responsible during 
the period of such use for the entire 
cost of maintaining all such areas, fa-
cilities, and improvements, or the por-
tions used, and shall pay a fair rental 
for the use of any installations or 
structures which have been added 
thereto without Federal aid. 

(2) During any national emergency 

declared by the President or by Con-
gress, the United States shall have the 
right to make exclusive or nonexclu-
sive use and have exclusive or non-
exclusive control and possession, with-
out charge, of the airport at which the 
surplus property is located or used or 
of such portion thereof as it may de-
sire: 

Provided, however, 

That the United 

States shall be responsible for the en-
tire 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 pe-
riod 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 main-
tenance of such property as it may use 
nonexclusively or over which it may 
have nonexclusive control and posses-
sion: 

Provided further, 

That the United 

States shall pay a fair rental for its 
use, control, or possession, exclusively 
or nonexclusively, of any improve-
ments to the airport made without 
U.S. aid. 

(b) A release from the terms, condi-

tions, reservations, or restrictions of 
an instrument of disposal that might 
prejudice the needs or interests of the 
armed forces, is granted only after con-
sultation with the Department of De-
fense. 

§ 155.11

Form and content of requests 

for release. 

(a) A request for the release of sur-

plus airport property from a term, con-
dition, reservation, or restriction in an 

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