SUBCHAPTER VIII—PUBLIC AIRPORTS

§1441. Lease of contiguous public lands for public airports; authority of Secretary of the Interior

The Secretary of the Interior is authorized, in his discretion and under such regulations as he may prescribe, to lease for use as a public airport any contiguous public lands, unreserved and unappropriated, not to exceed two thousand five hundred and sixty acres in area, subject to valid rights in such lands under the public-land laws.

(May 24, 1928, ch. 728, §1, 45 Stat. 728; Aug. 16, 1941, ch. 354, 55 Stat. 621.)

Editorial Notes

Codification

Section was previously classified to section 211 of former Title 49, Transportation.

Amendments

1941—Act Aug. 16, 1941, increased area of land authorized for lease as airport from six hundred and forty acres to two thousand five hundred and sixty acres.

§1442. Terms of lease; public lands for public airports

Any lease under section 1441 of this title shall be for a period not to exceed twenty years, subject to renewal for like periods upon agreement of the Secretary of the Interior and the lessee. Any such lease shall be subject to the following conditions:

(a) That an annual rental of such sum as the Secretary of the Interior may fix for the use of the lands shall be paid to the United States.

(b) That the lessee shall maintain the lands in such condition, and provide for the furnishing of such facilities, service, fuel, and other supplies, as are necessary to make the lands available for public use as an airport of a rating which may be prescribed by the Administrator of the Federal Aviation Agency.

(c) That the lessee shall make reasonable regulations to govern the use of the airport, but such regulations shall take effect only upon approval by the Administrator of the Federal Aviation Agency.

(d) That all departments and agencies of the United States operating aircraft (1) shall have free and unrestricted use of the airport, and (2) with the approval of the Secretary of the Interior, shall have the right to erect and install therein such structures and improvements as the heads of such departments and agencies deem advisable, including facilities for maintaining supplies of fuel, oil, and other materials for operating aircraft.

(e) That whenever the President may deem it necessary for military purposes, the Secretary of the Army may assume full control of the airport.

(May 24, 1928, ch. 728, §2, 45 Stat. 728; June 23, 1938, ch. 601, §1107(b), 52 Stat. 1027; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; Pub. L. 85–726, title XIV, §§1401(b), 1402(a), Aug. 23, 1958, 72 Stat. 806.)

Editorial Notes

Codification

Section was previously classified to section 212 of former Title 49, Transportation.

Amendments

1958—Subsecs. (b), (c). Pub. L. 85–726, §1402(a), substituted "Administrator of the Federal Aviation Agency" for "Civil Aeronautics Authority".

1938—Subsecs. (b), (c). Act June 23, 1938, substituted "Civil Aeronautics Authority" for "Secretary of Commerce".

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of a Secretary of the Army.

Effective Date of 1958 Amendment

Pub. L. 85–726, title XV, §1505(2), Aug. 23, 1958, 72 Stat. 811, provided that the amendment made by Pub. L. 85–726 is effective on 60th day following date on which Administrator of Federal Aviation Agency first appointed under Pub. L. 85–726 qualifies and takes office. Administrator appointed, qualified, and took office Oct. 31, 1958.

Executive Documents

Transfer of Functions

For transfer of certain real property and functions relating to real property, insofar as they pertain to Air Force, from Secretary of the Army and Department of the Army to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order No. 14 [§2(17)], eff. July 1, 1948.

§1443. Cancellation of leases of public lands used as airports made under law in force May 24, 1928

With the consent of the lessee, the Secretary of the Interior is authorized to cancel any lease of public lands for use as public aviation fields or airports, made under law in force May 24, 1928, and to lease such lands to the lessee upon the conditions prescribed by section 1442 of this title.

(May 24, 1928, ch. 728, §3, 45 Stat. 729.)

Editorial Notes

Codification

Section was previously classified to section 213 of former Title 49, Transportation.