[Code of Federal Regulations]

[Title 14, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR155.3]



[Page 161]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 

                               (CONTINUED)

 

PART 155_RELEASE OF AIRPORT PROPERTY FROM SURPLUS PROPERTY DISPOSAL 

RESTRICTIONS--Table of Contents

 

Sec. 155.3  Applicable law.



    (a) Section 4 of the Act of October 1, 1949 (63 Stat. 700) 

authorizes the Administrator to grant the releases described in Sec. 

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 restrictions concerned; or

    (2) The release will not prevent accomplishing the purpose for which 

the property was made subject to the terms, conditions, reservations, or 

restrictions, and is necessary to protect or advance the interests of 

the United States in civil aviation.



In addition, section 4 of that Act authorizes the Administrator to grant 

the releases subject to terms and conditions 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 restrictions 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 addition, section 2 authorizes the Administrator 

to issue any instruments of release or conveyance necessary to remove, 

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 radioactive 

minerals in instruments of disposal of public or acquired lands. In 

addition, 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 paragraph, the Administrator issues 

appropriate instruments of correction upon the written request of 

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