Okaloosa County BOCC — July 21, 2015 — Conveyance Statute — reading text

Page 1089 NONAPPROACH CONTROL TOWERS Pub. L. 108-7, div. I, title III, §370(c), Feb. 20, 2003, 117 Stat. 426, provided that: (1) IN GENERAL.—The Administrator of the Federal Aviation Administration may enter into a lease agree- ment or contract agreement with a private entity to provide for construction and operation of a non- approach control tower as defined by the Secretary of Transportation. *(2) TERMS AND CONDITIONS.—An agreement entered into under this section— ““(A) shall be negotiated under such procedures as the Administrator considers necessary to ensure the integrity of the selection process, the safety of air travel, and to protect the interests of the United States; ‘(B) may provide a lease option to the United States, to be exercised at the discretion of the Ad- ministrator, to occupy any general-purpose space in a facility covered by the agreement; “(C) shall not require, unless specifically deter- mined otherwise by the Administrator, Federal own- ership of a facility covered under the agreement after the expiration of the agreement; ‘(D) shall describe the consideration, duties, and responsibilities for which the United States and the private entity are responsible; ‘(E) shall provide that the United States will not be liable for any action, debt, or liability of any en- tity created by the agreement; “(F) shall provide that the private entity may not execute any instrument or document creating or evi- dencing any indebtedness with respect to a facility covered by the agreement unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and “(G) shall include such other terms and conditions as the Administrator considers appropriate.™ USE OF APPORTIONMENTS TO PAY NON-FEDERAL SHARE OF OPERATION COSTS Pub. L. 108-7, div. I, title III, §370(d), Feb. 20, 2003, 117 Stat. 427, provided that: ‘(1) STuDY.—The Secretary of Transportation shall conduct a study of the feasibility, costs, and benefits of allowing the sponsor of an airport to use not to exceed 10 percent of amounts apportioned to the sponsor under section 47114 to pay the non-Federal share of the cost of operation of an air traffic control tower under sec- tion 47124(b) of title 49, United States Code. *“(2) REPORT.—Not later than 1 year after the date of enactment of this Act [Feb. 20, 2003], the Secretary shall transmit to Congress a report on the results of the study.” CONTRACT TOWER ASSISTANCE Pub. L. 103-305, title V, §508, Aug. 23, 1994, 108 Stat. 1596, provided that: ‘‘The Secretary shall take appro- priate action to assist communities where the Sec- retary deems such assistance appropriate in obtaining the installation of a Level I Contract Tower for those communities.’ s (a) CONVEYANCES TO PUBLIC AGENCIES.—Except as provided in subsection (b) of this section, the Secretary of Transportation shall request the head of the department, agency, or instrumen- tality of the United States Government owning or controlling land or airspace to convey a prop- erty interest in the land or airspace to the pub- lic agency sponsoring the project or owning or controlling the airport when necessary to carry out a project under this subchapter at a public airport, to operate a public airport, or for the future development of an airport under the na- NSPORTA §47125 tional plan of integrated airport systems. The head of the department, agency, or instrumen- tality shall decide whether the requested con- veyance is consistent with the needs of the de- partment, agency, or instrumentality and shall notify the Secretary of that decision not later than 4 months after receiving the request. If the head of the department, agency, or instrumen- tality decides that the requested conveyance is consistent with its needs, the head of the depart- ment, agency, or instrumentality, with the ap- proval of the Attorney General and without cost to the Government, shall make the conveyance. A conveyance may be made only on the condi- tion that the property interest conveyed reverts to the Government, at the option of the Sec- retary, to the extent it is not developed for an airport purpose or used consistently with the conveyance. Before waiving a condition that property be used for an aeronautical purpose under the preceding sentence, the Secretary must provide notice to the public not less than 30 days before waiving such condition. (b) NONAPPLICATION.—Except as specifically provided by law, subsection (a) of this section does not apply to land or airspace owned or con- trolled by the Government within— (1) a national park, national monument, na- tional recreation area, or similar area under the administration of the National Park Serv- ice; (2) a unit of the National Wildlife Refuge System or similar area under the jurisdiction of the United States Fish and Wildlife Service; or (3) a national forest or Indian reservation. (Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1276; Pub. L. 106-181, title I, §125(b), Apr. 5, 2000, 114 HISTORICAL AND REVISION NOTES f;ng:g Source (U.S. Code) Source (Statutes at Large) 47125(a) ...... 49 App.:2215(a), (b). Sept. 3, 1982, Pub. L. 97-248, §516, 96 Stat. 692. 47125(h) ...... 49 App.:2215(c). In subsection (a), the text of 49 App.:2215(a) (last sen- tence) is omitted as surplus because a ‘‘property inter- est in land or airspace’ necessarily includes ‘‘title to .. . land or any easement through . . . airspace’. The words ‘‘when necessary’’ are substituted for ‘‘whenever the Secretary determines that use of any lands owned or controlled by the United States is reasonably nec- essary for”, and the words ‘‘for the future develop- ment” are substituted for ‘“including lands reasonably necessary to meet future development’, to eliminate unnecessary words. The words ‘‘not later than 4 months after receiving the request’ are substituted for “Upon receipt of a request from the Secretary under this sec- tion’ and ‘“‘within a period of four months after receipt of the Secretary’s request’ for clarity and to eliminate unnecessary words. The words ‘‘make the conveyance' are substituted for “‘perform any acts and to execute any instruments necessary to make the conveyance re- quested’, and the words ‘‘that the property interest conveyed reverts to the Government . . . to the extent it is not" are substituted for ‘‘the property interest conveyed shall revert to the United States in the event that the lands in question are not’ and “If only a part of the property interest conveyed is not developed for airport purposes, or used in a manner consistent with the terms of the conveyance, only that particular part shall, at the option of the Secretary, revert to the