-CITE-

49 USC CHAPTER 473 - INTERNATIONAL AIRPORT FACILITIES 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 473 - INTERNATIONAL AIRPORT FACILITIES

-HEAD-

CHAPTER 473 - INTERNATIONAL AIRPORT FACILITIES

-MISC1-

Sec.

47301. Definitions.

47302. Providing airport and airway property in foreign

territories.

47303. Training foreign citizens.

47304. Transfer of airport and airway property.

47305. Administrative.

47306. Criminal penalty.

-End-

-CITE-

49 USC Sec. 47301 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 473 - INTERNATIONAL AIRPORT FACILITIES

-HEAD-

Sec. 47301. Definitions

-STATUTE-

In this chapter -

(1) "airport property" means an interest in property used or

useful in operating and maintaining an airport.

(2) "airway property" means an interest in property used or

useful in operating and maintaining a ground installation,

facility, or equipment desirable for the orderly and safe

operation of air traffic, including air navigation, air traffic

control, airway communication, and meteorological facilities.

(3) "foreign territory" means an area -

(A) over which no government or a government of a foreign

country has sovereignty;

(B) temporarily under military occupation by the United

States Government; or

(C) occupied or administered by the Government or a

government of a foreign country under an international

agreement.

(4) "territory outside the continental United States" means

territory outside the 48 contiguous States and the District of

Columbia.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1280.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47301(1)- 49 App.:1151. June 16, 1948, ch. 473, Sec.

(3) 2, 62 Stat. 450; Aug. 23,

1958, Pub. L. 85-726, Sec.

1403, 72 Stat. 808.

47301(4) (no source).

--------------------------------------------------------------------

In this section, the words "the purposes of" and "The term" are

omitted as surplus.

In clauses (1) and (2), the words "real or personal", "directly

or indirectly", "administration", and "(including parts and

components thereof)" are omitted as surplus.

In clause (1), the words "including . . . (1) land; (2) runways,

strips, taxiways, and parking aprons; (3) buildings, structures,

improvements, and facilities, whether or not used in connection

with the landing and take-off of aircraft; and (4) equipment . . .

furniture, vehicles, and supplies" are omitted as being included in

"an interest in property".

In clause (2), the words "necessary or" are omitted as surplus.

In clause (3), before subclause (A), the words "of land or water"

are omitted as surplus. In subclause (A), the words "no government

or a government of a foreign country" are substituted for "no

nation or a nation other than the United States" for consistency in

the revised title and with other titles of the United States Code.

The words "(including territory of undetermined sovereignty and the

high seas)" are omitted as surplus. In subclause (C), the words

"government of a foreign country" are substituted for "other

nation" for consistency in the revised title and with other titles

of the Code.

Clause (4) is derived from the source provisions of the chapter

and is included to avoid repeating the phrase "territory (including

Alaska) outside the continental limits of the United States".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 40 section 113.

-End-

-CITE-

49 USC Sec. 47302 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 473 - INTERNATIONAL AIRPORT FACILITIES

-HEAD-

Sec. 47302. Providing airport and airway property in foreign

territories

-STATUTE-

(a) General Authority. - Subject to the concurrence of the

Secretary of State and the consideration of objectives of the

International Civil Aviation Organization -

(1) the Secretary of Transportation may acquire, establish, and

construct airport property and airway property (except

meteorological facilities) in foreign territory; and

(2) the Secretary of Commerce may acquire, establish, and

construct meteorological facilities in foreign territory.

(b) Specific Appropriations Required. - Except for airport

property transferred under section 47304(b) of this title, an

airport (as defined in section 40102(a) of this title) may be

acquired, established, or constructed under subsection (a) of this

section only if amounts have been appropriated specifically for the

airport.

(c) Accepting Foreign Payments. - The Secretary of Transportation

or Commerce, as appropriate, may accept payment from a government

of a foreign country or international organization for facilities

or services sold or provided the government or organization under

this chapter. The amount received may be credited to the

appropriation current when the expenditures are or were paid, the

appropriation current when the amount is received, or both.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1281.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47302(a), 49 App.:1152. June 16, 1948, ch. 473, Sec.

(b) 3, 62 Stat. 451; Aug. 23,

1958, Pub. L. 85-726, Sec.

1403, 72 Stat. 808.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

47302(c) 49 App.:1154. June 16, 1948, ch. 473, Sec.

5, 62 Stat. 451.

49 App.:1655(c)(1).

--------------------------------------------------------------------

In this chapter, the words "government of a foreign country" are

substituted for "foreign government" for consistency in the revised

title and with other titles of the United States Code.

In this section, the title "Secretary of Commerce" is substituted

for "Chief of the Weather Bureau of the Department of Commerce" in

section 3, and "Chief of the Weather Bureau" in section 5, of the

International Aviation Facilities Act (ch. 473, 62 Stat. 451)

because of sections 1 and 2 of Reorganization Plan No. 2 of 1965

(eff. July 13, 1965, 79 Stat. 1318).

In subsection (a), the words "by contract or otherwise" are

omitted as surplus. The words "airport property and airway property

(except meteorological facilities)" and "meteorological facilities"

are substituted for "within their respective fields" for clarity.

In subsection (b), the words "for the airport" are substituted

for "for such purpose" for clarity. The words "by the Congress" are

omitted as surplus.

In subsection (c), the words "on behalf of the United States" are

omitted as surplus. The words "sold or provided" are substituted

for "supplied or . . . performed" for consistency in this chapter.

The words "by the Secretary of Transportation or the Secretary of

Commerce, either directly or indirectly" and "the authority of" are

omitted as surplus. The words "or the Civil Aeronautics Act of

1938, as amended" are omitted as obsolete because the Act was

repealed by section 1401(b) of the Federal Aviation Act of 1958

(Public Law 85-726, 72 Stat. 806). The words "including the

operation of airport property and airway property in such

countries, the training of foreign nationals, the rendering of

technical assistance and advice to such countries, and the

performance of other similar services" are omitted as being

included in "facilities or services sold or provided". The words

"or both" are substituted for "or (C) in part as provided under

clause (A) and in part as provided under clause (B)" to eliminate

unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 47304 of this title.

-End-

-CITE-

49 USC Sec. 47303 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 473 - INTERNATIONAL AIRPORT FACILITIES

-HEAD-

Sec. 47303. Training foreign citizens

-STATUTE-

Subject to the concurrence of the Secretary of State, the

Secretary of Transportation or Commerce, as appropriate, may train

a foreign citizen in a subject related to aeronautics and essential

to the orderly and safe operation of civil aircraft. The training

may be provided -

(1) directly by the appropriate Secretary or jointly with

another department, agency, or instrumentality of the United

States Government;

(2) through a public or private agency of the United States

(including a State or municipal educational institution); or

(3) through an international organization.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1281.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47303 49 App.:1153. June 16, 1948, ch. 473, Sec.

4, 62 Stat. 451.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

--------------------------------------------------------------------

In this section, before clause (1), the title "Secretary of

Commerce" is substituted for "Chief of the Weather Bureau" in

section 4 of the International Aviation Facilities Act (ch. 473, 62

Stat. 451) because of sections 1 and 2 of Reorganization Plan No. 2

of 1965 (eff. July 13, 1965, 79 Stat. 1318). The words "within or

outside the United States" are omitted as surplus. The word

"citizen" is substituted for "nationals" as being more appropriate.

In clause (1), the word "jointly" is substituted for "or in

conjunction" to eliminate unnecessary words. The words "department,

agency, or instrumentality of the United States Government" are

substituted for "United States Government agency" for consistency

in the revised title and with other titles of the United States

Code.

-End-

-CITE-

49 USC Sec. 47304 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 473 - INTERNATIONAL AIRPORT FACILITIES

-HEAD-

Sec. 47304. Transfer of airport and airway property

-STATUTE-

(a) General Authority. - When requested by the government of a

foreign country or an international organization, the Secretary of

Transportation or Commerce, as appropriate, may transfer to the

government or organization airport property and airway property

operated and maintained under this chapter by the appropriate

Secretary in foreign territory. The transfer shall be on terms the

appropriate Secretary considers proper, including consideration

agreed on through negotiations with the government or organization.

(b) Property Installed or Controlled by Military. - Subject to

terms to which the parties agree, the Secretary of a military

department may transfer without charge to the Secretary of

Transportation airport property and airway property (except

meteorological facilities), and to the Secretary of Commerce

meteorological facilities, that the Secretary of the military

department installed or controls in territory outside the

continental United States. The transfer may be made if consistent

with the needs of national defense and -

(1) the Secretary of the military department finds that the

property or facility is no longer required exclusively for

military purposes; and

(2) the Secretary of Transportation or Commerce, as

appropriate, decides that the transfer is or may be necessary to

carry out this chapter.

(c) Republic of Panama. - (1) The Secretary of Transportation may

provide, operate, and maintain facilities and services for air

navigation, airway communications, and air traffic control in the

Republic of Panama subject to -

(A) the approval of the Secretary of Defense; and

(B) each obligation assumed by the United States Government

under an agreement between the Government and the Republic of

Panama.

(2) The Secretary of a military department may transfer without

charge to the Secretary of Transportation property located in the

Republic of Panama when the Secretary of Transportation decides

that the transfer may be useful in carrying out this chapter.

(3) Subsection (b) of this section (related to the Secretary of

Transportation) and section 47302(a) and (b) of this title do not

apply in carrying out this subsection.

(d) Retaking Property for Military Requirement. - (1) When

necessary for a military requirement, the Secretary of a military

department immediately may retake property (with any improvements

to it) transferred by the Secretary under subsection (b) or (c) of

this section. The Secretary shall pay reasonable compensation to

each person (or its successor in interest) that made an improvement

to the property that was not made at the expense of the Government.

The Secretary or a delegate of the Secretary shall decide on the

amount of compensation.

(2) On the recommendation of the Secretary of Transportation or

Commerce, as appropriate, the Secretary of a military department

may decide not to act under paragraph (1) of this subsection.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1281.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47304(a) 49 App.:1155. June 16, 1948, ch. 473,

Secs. 6, 8(a), (b), 62 Stat.

452; Aug. 23, 1958, Pub. L.

85-726, Sec. 1403, 72 Stat.

808.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

47304(b) 49 App.:1157(a),

(b).

49 App.:1655(c)(1).

47304(c)(1) 49 App.:1156(a), June 16, 1948, ch. 473,

(b). Secs. 7, 9, 62 Stat. 452,

453.

49 App.:1655(c)(1).

47304(c)(2) 49 App.:1156(c).

49 App.:1655(c)(1).

47304(c)(3) 49 App.:1156(d).

47304(d) 49 App.:1158.

49 App.:1655(c)(1).

--------------------------------------------------------------------

In this section, the title "Secretary of Commerce" is substituted

for "Chief of the Weather Bureau" in sections 6, 8, and 9 of the

International Aviation Facilities Act (ch. 473, 62 Stat. 452)

because of sections 1 and 2 of Reorganization Plan No. 2 of 1965

(eff. July 13, 1965, 79 Stat. 1318).

In subsection (a), the words "including consideration agreed on"

are substituted for "including provision for receiving, on behalf

of the United States, such payment or other consideration for the

property so transferred as may be agreed upon" to eliminate

unnecessary words.

In subsections (b) and (c), the words "Secretary of a military

department" are substituted for "National Military Establishment"

(subsequently changed to "department of the Department of Defense"

because of section 12(a) of the National Security Act Amendments of

1949 (ch. 412, 63 Stat. 591)) because of 5:102 and 10:101.

In subsection (b), before clause (1), the words "if any, as may

be . . . in specific cases", "at its discretion", and "therefor"

are omitted as surplus. The word "except" is substituted for

"exclusive of" for consistency in this chapter. The word "controls"

is substituted for "in the possession of" for clarity. The word

"considered" is omitted as surplus. In clause (2), the words "the

purposes of" are omitted as surplus.

In subsection (c), reference to the Canal Zone is omitted because

of the Panama Canal Treaty of 1977.

In subsection (c)(1), before clause (A), the words "and to do all

things necessary in connection with the" are omitted as surplus.

The word "airway" is added for consistency in this chapter. In

clause (B), the words "treaty, convention, or" are omitted as

surplus.

In subsection (c)(2), the words "in its discretion", "therefor",

"airport property or airway property or other real or personal",

and "the purposes of" are omitted as surplus.

In subsection (d)(1), the words "as determined by the Secretary

of the department which made the transfer" are omitted as surplus.

The words "(with any improvements to it)" are substituted for

"together with any improvements or additions made thereto" to

eliminate unnecessary words. The words "or persons" are omitted

because of 1:1.

In subsection (d)(2), the words "decide not to act" are

substituted for "in any case . . . waive any right or privilege

conferred or reserved" to eliminate unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 47302 of this title.

-End-

-CITE-

49 USC Sec. 47305 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 473 - INTERNATIONAL AIRPORT FACILITIES

-HEAD-

Sec. 47305. Administrative

-STATUTE-

(a) General Authority. - The Secretary of Transportation shall

consolidate, operate, protect, maintain, and improve airport

property and airway property (except meteorological facilities),

and the Secretary of Commerce may consolidate, operate, protect,

maintain, and improve meteorological facilities, that the

appropriate Secretary has acquired and that are located in

territory outside the continental United States. In carrying out

this section, the appropriate Secretary may -

(1) adapt the property or facility to the needs of civil

aeronautics;

(2) lease the property or facility for not more than 20 years;

(3) make a contract, or provide directly, for facilities and

services;

(4) make reasonable charges for aeronautical services; and

(5) acquire an interest in property.

(b) Crediting Appropriations. - Money received from the direct

sale or charge that the Secretary of Transportation or Commerce, as

appropriate, decides is equivalent to the cost of facilities and

services sold or provided under subsection (a)(3) and (4) of this

section is credited to the appropriation from which the cost was

paid. The balance shall be deposited in the Treasury as

miscellaneous receipts.

(c) Using Other Government Facilities and Services. - To carry

out this chapter and to use personnel and facilities of the United

States Government most advantageously and without unnecessary

duplication, the Secretary of Transportation or Commerce, as

appropriate, shall request, when practicable, to use a facility or

service of an appropriate department, agency, or instrumentality of

the Government on a reimbursable basis. A department, agency, or

instrumentality receiving a request under this section may provide

the facility or service.

(d) Advertising Not Required. - Section 3709 of the Revised

Statutes (41 U.S.C. 5) does not apply to a lease or contract made

by the Secretary of Transportation or Commerce under this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1282.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47305(a) 49 App.:1159(a) June 16, 1948, ch. 473, Sec.

(1st sentence), (b). 10(a) (1st sentence),

(b)-(d), 62 Stat. 453, 454.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

47305(b) 49 App.:1159(c).

49 App.:1655(c)(1).

47305(c) 49 App.:1160. June 16, 1948, ch. 473, Sec.

12, 62 Stat. 454; Aug. 23,

1958, Pub. L. 85-726, Sec.

1403, 72 Stat. 808; Jan. 3,

1975, Pub. L. 93-623, Sec.

3, 88 Stat. 2103.

49 App.:1655(c)(1).

47305(d) 49 App.:1159(d).

49 App.:1655(c)(1).

--------------------------------------------------------------------

In this section, the title "Secretary of Commerce" is substituted

for "Chief of the Weather Bureau" in section 10(b)-(d), and for

"Chief of the Weather Bureau" and "Weather Bureau" in section 12,

of the International Aviation Facilities Act (ch. 473, 62 Stat.

454) because of sections 1 and 2 of Reorganization Plan No. 2 of

1965 (eff. July 13, 1965, 79 Stat. 1318).

In subsection (a), before clause (1), the words "do and perform,

by contract or otherwise, all acts and things necessary or incident

to" and "pursuant to this chapter or any other provision of law"

are omitted as surplus. In clause (1), the words "from time to

time" and "by construction, installation, reengineering,

relocation, or otherwise" are omitted as surplus. The text of 49

App.:1159(a)(2) is omitted as surplus because of 49:322(a). In

clause (2), the words "under such conditions as he may deem proper"

and "space or" are omitted as surplus. The words "for not more than

20 years" are substituted for "and for such periods as may be

desirable (not to exceed twenty years)" to eliminate unnecessary

words. The words "for purposes essential or appropriate to their

consolidation, operation, protection, and administration under this

chapter" are omitted as surplus. In clause (3), the words "the sale

of fuel, oil, equipment, food and supplies, hotel accommodations,

and other" and "necessary or desirable for the operation and

administration of such properties" are omitted as surplus. In

clause (4), the word "reasonable" is substituted for "just and

reasonable" for consistency in the revised title and with other

titles of the United States Code. The words "(including but not

limited to landing fees and fees for the use of communication

services)" are omitted as surplus. In clause (5), the words "by

purchase or otherwise, real or personal" and "which he may consider

necessary for the purposes of this section" are omitted as surplus.

In subsection (b), the words "including handling charges" are

omitted as surplus. The words "facilities and services sold or

provided" are substituted for "of the fuel, oil, equipment, food,

supplies, services, shelter, or other assistance or services sold

or furnished" for consistency and to eliminate unnecessary words.

The words "under subsection (a)(3) and (4) of this section" are

added for clarity. The words "if any" are omitted as surplus. The

words "deposited in the Treasury as" are substituted for "credited

to" for clarity and consistency in the revised title and with other

titles of the Code.

In subsection (c), the words "use personnel and facilities of the

United States Government most advantageously and without

unnecessary duplication" are substituted for "to the end that

personnel and facilities of existing United States Government

agencies shall be utilized to the fullest possible advantage and

not be unnecessarily duplicated" to eliminate unnecessary words.

The word "request" is substituted for "arrange for" for clarity.

The words "department, agency, or instrumentality of the

Government" are substituted for "other United States Government

agencies" for consistency in the revised title and with other

titles of the Code. The words "on a reimbursable basis" are

substituted for "and to reimburse any such agency for such service

out of funds appropriated to the Department of Transportation or

the Department of Commerce, as the case may be" to eliminate

unnecessary words.

ANNETTE ISLAND AIRPORT, ALASKA; RENEWAL OF LEASE

Act May 9, 1956, ch. 241, 70 Stat. 146, provided: "That the

Congress of the United States hereby approves the extension, from

year to year, until June 30, 1999, of a lease of certain land

comprising part of Annette Island, Alaska, for use by the Civil

Aeronautics Administration [now the Federal Aviation

Administration] as an airport, entered into by the United States of

America and the Council of the Annette Island Reserve on December

13, 1948, section 5 of which lease provides that no renewal thereof

shall extend beyond June 30, 1959, unless approved by Congress."

-End-

-CITE-

49 USC Sec. 47306 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 473 - INTERNATIONAL AIRPORT FACILITIES

-HEAD-

Sec. 47306. Criminal penalty

-STATUTE-

A person that knowingly and willfully violates a regulation

prescribed by the Secretary of Transportation to carry out this

chapter shall be fined under title 18, imprisoned for not more than

6 months, or both.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1283.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47306 49 App.:1159(a) June 16, 1948, ch. 473, Sec.

(last sentence). 10(a) (last sentence), 62

Stat. 454.

49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

--------------------------------------------------------------------

The word "prescribed" is substituted for "issued" for consistency

in the revised title and with other titles of the United States

Code. The words "if such violation is committed in any area under

the civil jurisdiction of the United States" are omitted as

surplus. The words "fined under title 18" are substituted for "a

fine of not more than $500", and the words "be deemed guilty of a

misdemeanor" are omitted, for consistency with title 18.

-End-