Page:United States Statutes at Large Volume 108 Part 2.djvu/563

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1279 (b) ENSURING COMPLIANCE.— Only the Secretary may ensure compliance with an instniment giving an interest in surplus property under this subchapter. The Secretary may amend the instrument to correct the instrument or to make the gift comply with law. (c) DISPOSING OF INTERESTS NOT GIVEN UNDER THIS SUB- CHAPTER.—An interest in surplus property that could be used at a public airport but that is not given under this subchapter shall be disposed of under other applicable law. §47152. Terms of gifts Except as provided in section 47153 of this title, the following terms apply to a gift of an interest in surplus property under this subchapter: (1) A State, political subdivision of a State, or tax-supported organization receiving the interest may use, lease, salvage, or dispose of the interest for other than airport purposes only after the Secretary of Transportation gives written consent that the interest can be used, leased, salvaged, or disposed of without materially and adversely affecting the development, improvement, operation, or maintenance of the airport at which the property is located. (2) The interest shall be used and maintained for public use and benefit without unreasonable discrimination. (3) A right may not be vested in a person, excluding others in the same class from using the airport at which the property is located— (A) to conduct an aeronautical activity requiring the operation of aircraft; or (B) to engage in selling or supplying aircraft, aircraft accessories, equipment, or supplies (except gasoline and oil), or aircraft services necessary to operate aircraft (including maintaining and repairing aircraft, aircraft engines, propellers, and appliances)., (4) The State, political subdivision, or tax-supported organization accepting the interest shall clear and protect the aerial approaches to the airport by mitigating existing, and preventing future, airport hazards. (5) During a national emergency declared by the President or Congress, the United States Government is entitled to use, control, or possess, without charge, any part of the public i i airport at which the property is located. However, the Governi ment shall— ! (A) pay the entire cost of maintaining the part of the airport it exclusively uses, controls, or possesses during the emergency; (B) contribute a reasonable share, consistent with the Government's use, of the cost of maintaining the property '\ it uses nonexclusively, or over which the Government has nonexclusive control or possession, during the emergency; i and (C) pay a fair rental for use, control, or possession ' of improvements to the airport made without Government i assistance. (6) The Government is entitled to the nonexclusive use, without charge, of the landing area of an airport at which the property is located. The Secretary may limit the use of

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