49 U.S.C. § 47302

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 47302 - Providing airport and airway property in foreign territories
(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.

49 U.S.C. § 47302

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

HISTORICAL AND REVISION NOTE
Revised SectionSource (U.S. Code)Source (Statutes at Large)
47302(a), (b)49 App.:1152.June 16, 1948, ch. 473, §3, 62 Stat. 451; Aug. 23, 1958, Pub. L. 85-726, §1403, 72 Stat. 808.
49 App.:1655(c)(1).Oct. 15, 1966, Pub. L. 89-670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97-449, §7(b), 96 Stat. 2444.
47302(c)49 App.:1154.June 16, 1948, ch. 473, §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.

airport property
"airport property" means an interest in property used or useful in operating and maintaining an airport.
airway property
"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.
foreign territory
"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.