Federal Aviation Administration, DOT

Section 155.11

operating, or maintaining a public airport.
(c) Except for a release from a restriction against using property for industrial purposes, the Administrator
does not issue a release under this part
unless it is justified under Section 155.3(a) (1)
or (2).
(d) The Administrator may issue a
release from the terms, conditions, reservations, or restrictions of an instrument of disposal subject to any other
terms or conditions that he considers
necessary to protect or advance the interests of the United States in civil
aviation. Such a term or condition, including one regarding the use of proceeds from the sale of property, is imposed as a personal covenant or obligation 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 Administrator 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 contemplated by the instrument of disposal, does not otherwise release the
property from the terms, conditions,
reservations, or restrictions of the instrument of disposal.
Section 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 Property Act of 1944 was to make the property available for public or civil airport needs. However, it was also intended 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, substantially 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, unrestricted possession, control, and use of
the landing area, building areas, and
airport facilities or any part thereof,
including any additions or improvements 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, facilities, and improvements, or the portions 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 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
U.S. aid.
(b) A release from the terms, conditions, reservations, or restrictions of
an instrument of disposal that might
prejudice the needs or interests of the
armed forces, is granted only after consultation with the Department of Defense.
Section 155.11 Form and content of requests
for release.
(a) A request for the release of surplus airport property from a term, condition, reservation, or restriction in an

749

VerDate Sep<11>2014

08:20 May 17, 2019

Jkt 247048

PO 00000

Frm 00759

Fmt 8010

Sfmt 8010

Y:\SGML\247048.XXX

247048