[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: 14CFR155.9]



[Page 162-163]

 

                     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. 155.9  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



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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.