759 

Federal Aviation Administration, DOT 

§ 155.7 

§ 155.3 Applicable law. 

(a) Section 4 of the Act of October 1, 

1949 (63 Stat. 700) authorizes the Ad-
ministrator to grant the releases de-
scribed in § 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 re-
strictions concerned; or 

(2) The release will not prevent ac-

complishing the purpose for which the 
property was made subject to the 
terms, conditions, reservations, or re-
strictions, and is necessary to protect 
or advance the interests of the United 
States in civil aviation. 

In addition, section 4 of that Act au-
thorizes the Administrator to grant 
the releases subject to terms and con-
ditions 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 re-
strictions 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 addi-
tion, section 2 authorizes the Adminis-
trator to issue any instruments of re-
lease or conveyance necessary to re-
move, 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 radio-
active minerals in instruments of dis-
posal of public or acquired lands. In ad-
dition, 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 para-
graph, the Administrator issues appro-
priate instruments of correction upon 
the written request of persons entitled 

to ownership, occupancy, or use of the 
lands concerned. 

§ 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, condi-
tions, reservations, or restrictions in 
an instrument of disposal described in 
§ 155.1; and 

(b) Any release from a term, condi-

tion, 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, equip-

ment or structures from any term, con-
dition, reservation, or restriction re-
quiring that it be used for airport pur-
poses to allow its use, lease, or sale for 
nonairport use in place; 

(3) Land, personal property, equip-

ment, or structures from any term, 
condition, reservation, or restriction 
requiring its maintenance for airport 
use; 

(4) Land, personal property, equip-

ment, or structures from all terms, 
conditions, restrictions, or reserva-
tions to allow its use, lease, sale, or 
other disposal for nonairport purposes; 
and 

(5) Land, personal property, equip-

ment, or structures from the reserva-
tion of right of use by the United 
States in time of war or national emer-
gency, to facilitate financing the oper-
ation and maintenance or further de-
velopment of a public airport. 

§ 155.7 General policies. 

(a) Upon a request under § 155.11, the 

Administrator issues any instrument 
that is necessary to remove, of record, 
any restriction against the use of prop-
erty 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 con-
cerned to a third party, unless the pub-
lic agency concerned has obligated 
itself to use the proceeds from the sale 
exclusively for developing, improving,