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, 

760 

14 CFR Ch. I (1–1–24 Edition) 

§ 155.9 

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