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Page:United States Statutes at Large Volume 61 Part 1.djvu/703

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61 STAT.] 80TH CONG. , 1 ST SESS.-CH. 404 -JULY 30, 1947 )79) " (A) No property disposed of under the authority of this subsection Dsosalr for other shall be used, leased, sold, salvaged, or disposed of by the grantee or transferee for other than airport purposes without the written consent of the Administrator of Civil Aeronautics, which consent shall be granted only if the Administrator of Civil Aeronautics determines that the property can be used, leased, sold, salvaged, or disposed of for other than airport purposes without materially and adversely affecting the development, improvement, operation, or maintenance of the airport at which such property is located: Provided, That no structures dis- posed of hereunder shall be used as an industrial plant, factory, or similar facility within the meaning of section 23 of this Act, unless the 58 Slat. 77 app. public agency receiving title to such structures shall pay to the United 1632. States such sum as the Administrator shall determine to be a fair consideration for the removal of the restriction imposed by this proviso. "(B) All property transferred for airport purposes shall be used rerertarportfur and maintained for the use and benefit of the public, without unjust poses. discrimination. "(C) No exclusive right for the use of the airport at which the Exclusiv righ re- property disposed of is located shall be vested (either directly or indirectly) in any person or persons to the exclusion of others in the same class. For the purpose of this condition, an exclusive right is defined to mean- "(1) any exclusive right to use the airport for conducting any particular aeronautical activity requiring operation of aircraft; "(2) any exclusive right to engage in the sale or supplying of aircraft, aircraft accessories, equipment, or supplies (excluding the sale of gasoline and oil), or aircraft services necessary for the operation of aircraft (including the maintenance and repair of aircraft, aircraft engines, propellers, and appliances). "(D) The grantee shall, insofar as it is within its powers, ade- Protection of aerial quately clear and protect the aerial approaches to the airport by approa removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establish- ment or creation of future airport hazards. "(E) During any national emergency declared by the President or control, et.,, by by the Congress, the United States shall have the right to mkake exchl- cy. sive or nonexclusive use and have exclusive or nonexclusive control and possession, without charge, of the airport at which the sulrplus 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 nonexclusively or over which it may have nonexclusive control and possession: Providedfurther, That the United States shall pay a fair rental for its use, control, or possession, exclusively or nonexclu- sively, of any improvements to the airport made without United States aid. "(F) The United States shall at all times have the right to make Use oflandingare nonexclusive use of the landing area of the airport at which'the surplus property is located or used, without charge: Provided,however, That such use may be limited as may be determined at any time by the Administrator of Civil Aeronautics to be necessary to prevent undue interference with use by other authorized aircraft: Provided further, That the United States shall be obligated to pay for damages caused ^d.' - " a by such use, or if its use of the landing area is substantial, to contribute