PART 8316-SU1lPLUSADtPORT PROPERTY

{Reg. 161

Surplus Property Administration Regulation 16,November16,1945,as amended through April 23, 1948,entitled "Surplus Airport Property" (10 P.R. 142M,

14628,14866;11P.R. 2603.4164.4585). is

hereby revised and amended as herein

set forth as War Assets Administration

Regulation 16. Order I, February lA,

1946(11P.R. 1743)and Revised Order 2,

March 13,1946(11P.R. 2933) under this

part shall remain in full force and effect.

Bee.

8316.1

8316.2

8316.3

8316.4

8316.5

8316.6

Definitions.

SCope.

Declaration ot policy.

SUrplUS airport dlsp068.1 committee.

Declarations.

Communications after notice ot

transmittal.

8316.7 Withdrawals.

8316.8 Permissive use by other Government

agency.

8316.9 Disposal 01 leasehold Interests and

Improvements by owning agencies.

8316.10 Restrictions on use and dlspoeltlon.

8316.11 Functions or the ClvU Aeronautics

Administration.

8316.12 Classl1lcatlon ot property by Administrator .

8316.13 Disposal as airport property SUbject

to reservations. restrictions, and

conditions.

Care and bandllng.

Pr1orltleB.

Permlts\o operate or use.

Vaiuatlon.

Prices.

SUbmission to Attorney General.

Ponn 01 transfer.

Conditions In Instrument ot transter.

8316.22 Records and reports.

8316.23 Regulations by agencies to be reported to the Administrator.

8316.24 Exceptions.

At1'tHOIUTY:II 8316.1 to 8316.24, InclUSive,

IS8Uedunder the 8urplUS Property Act ot 1944

(58 Stat. 765; 50 U. 8. C. App. Sup. 1611). Pub.

Law 181, 79th cong., 1st 88SS. (69 Stai. 633).

R.O. 9689 (11 P.R. 1265), and Pub. Law 375,

79th Cong, 2d seas.

8316.14

8316.111

8316.16

8316.17

83UJ.18

8316.19

8316.20

8316.21

§ 8316.1 Definitions-(a) Terms defined in act. Terms not defined in paragraph (b) of this section which are defined In the Surplus Property Act of 1944

shall In this part have the rneanmg given

to them In the act.

(b) other terms. (1) "Airport property" means property used for or In connection with an airport.

(2) "Airport" means any area of land

or water and the improvements thereon

primarily used for or in connection with

the landing and take-off or naVigationof

aircraft, and any area of land determined by the Administrator to be suitable and necessary for the expansion of

an existing "landing area" or "building

area." The term may Include "landing

area," "building area," "airport facilities" and "non-aviation facilities," as

determined by the Administrator.

(3) "Airport facilities" means any

bUildings.structures, improvements, and

operational equipment, other than nonaviation faciUties, which are used and

WAR ASSETS ADMINISTRATION

necessary for or in connection with the

operation and maintenance of an airport.

(4) "BUilding area" means any land.

other than a landing area. used or necessary for or in connection Withthe operation or maintenance of an airport.

(5) "Landing area" means any land.

or combination of water and land. together with improvements thereon and

necessary operational equipment used In

connection therewith, which is used for

landing, take-offs, and parking of aircraft. The term Includes,but is not limited to. runways. strips, taXiways, and

parking aprons.

(6) "Non-aviation faclllties" means

any buildings,structures, Improvements,

and equipment located In a building

area and used in connection with but not

required for the emcJent operation and

maintenance of the landing area or the

airport facilities.

(7) "State or local government" means

any State. territory, or possessionof the

United States, the District of Columbia,

and any political subdtvlsion or Instrumentality thereof.

(8) "Surplus airport property" means

any airport property which has been determined to be surplus to the further

needs and responsibilities of the owning

agency In accordance with the act.

§ 8316.2Seope. This part applies to

surplus airport property located within

the continental United States. Its territories and possessions.

§ 8316.3 Declaration 01 policy. It is

hereby declared that the national interest requires the disposal of surplus airport property In such a manner and upon

such terms and conditions as will encourage and foster the development of civil

aViation and provide and preserve for

civil avtatlon and national defense purposes a strong, efficient, and properly

maintained nationwide system of public

airports, and w1llinsure competition and

w1llriot result in monopoly. It is further declared that In making such disposals of surplus airport property -the

benefits which the public and the Nation

w1llderive therefrom must be the principal consideration and the financial return to the Government a secondary consideration. Airports which are surplus

to the needs of owning agencies may be

essential to the common defense of the

Nation or valuable In the maintenance of

an adequate and economical national

transportation system. In such cases

and in accordance with the rules established herein such airports may be disposed of to State or local governments

for considerations other than cash.

Where airports are not desired as such

by Government agenciesor State or local

governments. they shall be classified as

airports or otherwise according to their

best use and any disposition hereunder

shall be for a monetary consideration.

§ 8316.4 Surplus airport disposal

committee. (a) Pursuant to arrangements made with other interested Government agencies. there is hereby established a Surplus AIrport Disposal Committee which shall functlon as an advisory committee to the War Assets Administrator and shall consist of five

members. one to be designated by the

Secretary of War, one by the"Secretary

of the Navy, one by the Administrator

of the Civil Aeronautics Administration,

one by the disposal agency, and one by

the War AssetsAdministrator, who shall

serve as Chairman of the Committee.

(b) It shall be the duty of the Surplus Airport Disposal Committee to advise the War Assets Administrator as to

the manner in which and the conditions

upon which the disposal agency should

be authorized to dispose of particular

airport properties, and as to all other

matters upon which advice may be

requested by the Administrator.

§ 8316.5 Declarations. (a) Declarations of surplus airport property, Including leasehold interests under leases or

similar tights of occupancynot cancelled

by the owningagencypursuant to § 8316.9

hereof.shall be ftled with the War Assets

Administrator as provided in Part 8301.'

The Administrator will transmit two

copies of the declaration to the appropriate disposal agency with directions,

and w1ll notify the owning agency

thereof.

<b) The owning agency may give to

the Surplus AIrport Disposal Committee a pre-declaration notice accompanled by a tentative statement of the conditions, reservations, and restrictions

which it may request, pursuant to the

provisions of § 8316.10hereof, to be imposed on the disposal of the airport

property.

§ 8316.6Communications alter notice

01transmittal. Alter the owning agency

receives notice of transmittal to a disposal agency of a declaration of surplus

airport property, communications of the

owning agency with respect to such airport property shall be addressed to the

disposal agency. except where communication with the Administrator is required hereunder.

§ 8316.7 Withdrawals. It the owning

agency wishes to withdraw surplus atrport property before it has received notice of the transmittal of the declaration

to the disposal agency, it may do so by

filing Form WAA-lOO5'(formerly SP:&-

5) with the Administrator. After the

owning agency has received notice of

such transmittal. it may withdraw such

property by ftl1ngthe form with the disposal agency. Such withdraWalsmay be

made only with the consent of the Administrator if the property has not been

assigned to a disposal agency or with 'the

consent of the disposal agency thereafter. except as hereinafter provided.

§ 8316.8 PermisSive1UC by other Government agency. When a Government

agency utiliZingGovernment-owned real

'SPA Reg. 1 (W F.R. 14064; 11 F.R. 2602,

3035, 6399).

• Reg. 1 Order 3 (1 EXHIBIT

o

Reg. 16

JUNE 26, 1948
propeity for or in connection with an airport, under some form of arrangement

with the Government agency having prImary jurisdiction over the property. no

longer needs the property for airport purposes. such real property and any Interest

therein shall be returned to the agency

having primary jurisdiction In accordance with the arrangement made between such agencies. Where. however.

the property has been substantially Improved while being so utilized. the agency

utlllzJng the property shall make a report of the facts to the Administrator

for his determination as to the disposition of the improvements; and such report shall be treated as a declaration of

surplus as to such Improvements.

§ 8316.9 Disposal of leasehold interests

and improvements Oy owning agencies.

(a) With the approval of the Administrator. an owning agency may dispose of

airport property in the manner provided

In this section without declaring It surplus; Provided. That such property Is held

only under lease or other similar right

of occupancy which Is lor the duration

of the war or the National emergency and

six (6) months thereafter. or is for an

unexpired period of not more than twelve

<l2) months and has no renewal or purchase privilege.

(b) Any such leasehold interest or simIlar right of occupancy shall be terminated or cancelled by the owning agency

and any Government-owned improvements disposed of by anyone or more of

the follOWingmethods:

( 1) By transfer to the lessor or owner

of the premises in full or partial satisfaction of any obligation to restore the

premises. provided the lessor or owner

shall pay for any excess value.

(2) By disposition in accordance with

contractual commitments.

(3) By sale intact.

(4) By trans" I' to another Govern,

ment agency intact.

(5) By disposal of all-readily severable

property In accordance with any other

applicable regulations of the AdminIstrator.

(6) By demolition contract let only on

competitive bids wherebY title to material not readily severable passes to the

demolition contractor.

(71 By demolition of property not

readily severable and disposal of surplus used building and construction materials by competitive bidding and of

other resulting materials In accordance

with any other applicable regulations of

the Administrator. Any competitive bidding shall be conducted under rules and

regulations prescribed by the owning

agencies containing provisions, among

others. requiring lots to be offered in such

reasonable quantities as to permit all

bidders. small as well as large, to compete

on equal terms. requiring wide public notice concerning such sales and time Intervals between notice and sale adequate

to give all interested purchasers a fair

opportunity to buy. and reserving the

right to reject all bids.

(8 I By abandonment if the owning

agency has no obligation to remove such

improvements and it finds in writing that

such property Is without commercial

value or that the estimated cost of its

care. handling, removal. and disposition

would exceed the estimated proceeds of

sale.

(c) Disposals of improvements by

owning agencies hereunder shall be made

at prices that are fair and reasonable

under all the circumstances taking into

account the limited sale value of the

property in place and its special value. If

any. to the purchaser. In all cases. prior

to disposal a written estimate shall be

made of both the value of the improvements for use in place and their salvage

value. The disposal agencies lor industrial and marine real property shall. Upon

request, furnish advice and assistance to

the owning agencies in the establishment

of fair and reasonable prices hereunder.

(d) Where an airport consists of property a portion of which is owned by the

Government and the balance of which Is

property under lease to the Government

such lease shall not be cancelled by th~

owning agency. but the leasehold interest as well as the Government-owned

property shall be declared surplus.

§ 8316.10 Restrictions on use and disposition. When an owning agency declares airport property': surplus, such

owning agency. the Civil Aeronautics Administration. or the Surplus Airport Disposal Committee may submit to the Adm~nistrator a request that the disposal

be made subject to any or all of the following reservations. restrictions and

conditions: •

(a) Use by the transferee. (1) That

the airport shall be used for public airport purposes on reasonable terms and

without unjust discrimination and Without grant or exercise of any exclusive

right for use of the airport within the

meaning of'section 303 of the Civil Aeronautics Act of 1938.'

(2) That the entire landing area and

all improvements. facilities. and equipment of the airport shall be maintained

at all times in good and serviceable condition to assure its emcient operation.

(3) That Insofar as is within Its powers

and reasonably possible the transferee

shall prevent any use of land either within or outside the boundaries of the airport. including the construction. erection. alteration. or growth. or any structure or other object thereon. which use

would be a hazard to the landing. taking

off, or maneuvering of aircraft at the

airport. or otherwise limit its usefulness

as an airport.

(4) That the building areas and nonaviation facilities shall be used. altered.

modified. or Improved only in a manner

which does not Interfere with the emclent operation of the landing area and

of the airport facilities.

(b) Use by the Government. (1)

That the Government shall at all times

have the right to use the airport in common with others: Provided. however,

That such use may be limited as may

be determined at any time by the Civil

Aeronautics Administration or ~he successor Government llgency to be necessary to prevent Interference with use by

other authorized aircraft. so long as snch

limitation does not restrict Government

use to less than twenty-five (25) per

centum of capacity of the airport. Gov-

'52 Stat. 973; 49 U. S. C. A. 401.

ernment use of the airport to this extent shall be without charge of any nature other than payment for damage

caused by Government aircraft.

(2) That during the existence of any

emergency declared by the President or

the Congress, the Government shall have

the right without charge except as Indicated below to the full. unrestricted

possession. control. and use of the landing area. building areas, and airport facilities or any part thereof. Including

any additions or improvements thereto

made subsequent to the declaration of

the airport property as surplus: Provided, however, That the Government

shall be responsible during the period of

such use for the entire cost of maintaining all such areas, facilities, and improvements. or the portions used, and

shall pay a fair rental for the use of any

installations or structures which have

been added thereto without Federal aid.

§ 8316.11 Functions 0/ the Civil Aeronautics Administration. In the disposal

of surplus airport property under this

part. the disposal agency may avail itself

of the services of representatives of the

Civil Aeronautics Administration In all

negotiations for the disposal of the property and shall consult with and obtain

the recommendations of the Civil Aeronautics Administration as to all decisions

pertaining to civil aviation. In addition

the Civil Aeronautics Administration

shall furnish such technical assistance as

the War Assets Administrator or the disposal agency may request and the Civil

Aeronautics Administration is in a position to provide.

§ 8316.12 Classification 0/ proper-tv b1I

Administrator. (a) Upon receipt of a

declaration of surplus airport property.

the Administrator shall consider any requests for reservations, restrictions and

conditions submitted by the owning

agency. the War Department. the NaVY

Department. the Civil Aeronautics Administration, or the Surplus Airport Disposal Committee. and shall determine

the future uses for which the property is

best adapted. how the property can best

be disposed of to meet the objectives of

th act, and whether any or all of the requested reservations. restrictions and

conditions. or any other reservations. restrictions and conditions. should be imposed.

(b) If the Adm1nistrator classifies the

property for disposal as airport property. it shall be disposed of pursuant

to the provisions of this part; If the Administrator classifies it lor disposition

otherwise than as airport property and

the owning agency does not withdraw it

as hereinafter provided, It shall be assigned to the appropriate disposal agency

and disposed of pursuant to the provisions of other applicable regulations of

the Administrator. Where a landing

area is used in connection with an industrial installation, the Administrator

shall determine whether to classify such

landing area and its airport facilities as

airport properties lor disposal pursuant

to the provisions of this part. or whether

to classily the landing area otherwise

and assign it for disposal by the appropriate disposal agency.

GPO-\\'AA 126-1'.2
.~8316.13 Dispo,al as airport prr>pertJl

subject to reservations. restrictions. and

conditions. (a) If the Administrator

classifies the property for dtsposa! as airport property. there shall be imposed on

such disposal a condition that there shall

be no elliclusive right for the use of any

landing area or air navigation tactltttes

UpOIlwhich Federal funds have been expended; and there also shall be Imposed

any or all of the reservations, restrictions, and conditions requested pursuant

to the provisions of § 8318.11) hereof and

approved by the Administrator. and any

reservations. restrictions. and conditions

determined by the Administrator; and

the disposal agency shall Immediately

undertake to so dispose of it as airport

property. Notice of aVallab1l1ty shall be

given to Government agencies listed in

Exhibit A attached hereto; and to the

State and political subdivisions and any

municipality in which it Is situated and

to all municipalities In the vicinity

thereof; and to the general public.

(b) In the event (1) the Administrator

does not classify the property for disposal as airport property when so requested, or (2) does not apJ...ove any or

all of the requested reservations. restrictions, and conditions. or (3) the disposal

agency finds that It Is unable to dispose

of the property with the reservations.

restrictions. and conditions imposed under § 8316.10 or as an airport. the owning

agency shall be notified. and the owning

agency may, If it desires, withdraw such

atrport property from surplus on making

reimbursement for the cost of care and

handling. or recommend the elimination

or modification of such reservations, restrictions. and conditions. or the disposal

of the property otherwise than as an

airport. In cases arising under subparagraph (3) above. the diaposal agency

shall also notify the Administrator.

(c) Where the owning agency has

withdrawn the airport property from

surplus pursuant to the provisions of

paragraPh (b). and later re-deelares

such property surplus, with or without

requesting conditions for its disposition.

the Administrator shall determine the

terms and conditions upon which It shall

be disposed of and the proper classification to be given and shall asstgn It to

the appropriate disposal agency for disposal.

(d) The disposal agency shall Widely

publIcize the airport property, giVing Information adequate to inform Interested

or prospective transferees as to the general nature of the property. and any

reservations, restrictions, or conditions

that have been imposed as to its future

use. Such publicity shall be by publtc

advertising, and may include press releases. direct circularization to potential

transferees, and personal Interviews.

The disposal agency shall upon request

supply to bona fide prospective transferees all available information. The

disposal agency shall establish procedures so that all prospective transferees

showing due diligence will be given full

and complete opportunity to bid.

(e) All priority holders and any other

persons interested In purchasing the airport property shall submit their proposals in writing, setting rorththe details of

their offers and their willingness to abide

by the terms. condntons, and restrictions

upon which the property Is offered.

§ 8316.14 Care and handling. (a)

Period lor assumption; repairs; renewals

01 leases-(1) After classltlcation of the

property for disposal as airport property pursuant to the provisions of

§ 8316.12, the property shall be assigned

to the appropriate regional omce. The

disposal agency shall assume responsibility for care and hand!lng after the

expiration of sixty (60) days from the

date of filing with the War Assets Administration a declaration of surplus

acceptable to it. or within such additional time as may be granted by the

Administrator. Pending the assumption

of care and handling by the disposal

agency. the owning agency shall continue

to be responsible therefor. The disposal

agency shall have access to the property

and the records of the owning agency

with respect thereto.

(2) The agency then charged With

the responsibility for care and handling

shall make or cause to be made repairs

necessary for the protection and maintenance of the property. It shall give

careful consideration to what Improvements or changes may be necessary for

the completing. converting, or rehablIltating of the property in order best to attain the applicable objectives of the act,

and may make commitments and expenditures within Its budgetary allotment for such purposes to effect such improvements or changes; Provided. however, That no commitments for more

than $10,000 of any such budgetary allotment shall be made by such agency for

any such changes and improvements in

connection with anyone airport without

prior approval of the Administrator In

writing.

(3) The agency then charged with the

responsibility for care and handling of

surplus airport property shall submit

to the Administrator for consideration

and direction the renewal of leases or

the exercise of options relating to surplus airport property. with the recommendations of such agency.

(b) Transfer 01 title papers, documents. etc. Upon request of the disposal

agency, the owning agency shall immediately supply the disposal agency with

the originals or true copies of all information and documents pertaining to the

airport property which are In the possession of the owning agency and copies

of which have not been filed with the

declaration. These shall Include appraisal reports, abstracts of title. maps.

surveys, tax receipts. deeds. amdavits of

title. copies of judgments. declarations

of taking In condemnation proceedings,

and all other title paper relating to the

property. All such papers and documents which may still be needed by the

owning agency shall be returned to It as

soon as the needs of the disposal agency

have been satisfied. The disposal agency

may transfer to the purchaser of airport property, as part of the disposal

transaction. any abstract of title or title

guarantee which relates to the property

being transferred and which Is no longer

needed either by the owning or by the

disposal agency.

§ 8316.15 Priorities-The entitled. (a)

Government agencies shall be accorded

first priority and State and local governments, Including any municipality In

which the property Is located and all

municipalities in the vicinity thereof.

second priority to acquire surplus airport properties. If the airport is offered

for disposition subject to any or all of

the conditions contained in § 8316.10.

all priorities shall be exercised subject to

such conditions.

(b) Time and method 01 exercise. The

time for exercise of priorities by Government agencies or State or local governments shall be a period of thirty (30)

days after the date of notices of avaUabUlty given to them respectively. which

notices may run concurrently; or such

additional period as the disposal agency

or the Administrator may- aliow when

necessary oc appropriate to complete

proposals made. and In order to fac11ltate disposition of the property: Provided. however. That If a Oovernment

agency or a State or local government

has expressed In writing a desire to acquire an airport property for Immediate

use, the time for exercising priorities

may be limited to not less than ten (10)

days. and notice of availability given

pursuant to the provisions of § 8316.13

(a) and (d) shall so provide. Within

such period the priority holder shall indicate his intention to exercise the priority by making an offer or by submitting to the disposal agency a written application requesting that the airport

property be held for disposal to it. Such

ofter or application shall state the terms

on which the applicant Is w11ling to acquire the property. or state that a transfer without reimbursement or transfer

of funds is authorized by law. and shall

contain all pertinent facts pertaining to

the appltcant's need for the property.

If the applicant requires time to acquire

funds or to obtain authority to take the

property. It 6hall so state and Indicate

the length of time needed for that purpose, Upon receipt of an offer or an

application. with such a statement. the

disposal agency shall review the application, determine what time. if any, shall

be allowed the applicant to conclude the

acquisition of the property. and advise

the applicant of such determination.

All priorities shall expire if not exercised

within the priority period and such additional time as the disposal agency may

allow.

(c) Determination between claimants

having same priority. Whenever two or

more ·Government agencies or two or

more State or local governments. respectively, shall during the priority period

make acceptable ofters for the same

property, the matter shall be determined

on the basis of the relative needs of the

claimants and the public Interest to be

served. If the matter cannot be determined by agreement between the claimants, disposal of such property shall not

be made until the disposal agency shall

have reported the matter In writing to

the Administrator. setting forth its recommendations and all the facts. including the basis of the respective claims. together with any statements in writing

that the claimants, or any of them. may

Wish to file with the Administrator. The

Administrator will reView the matter and

report his determination to the disposal

GPO-\\'AA 126-r.'3
agency. The Administrator's determInation shall be final for all purposes.

§ 8316.16Permits to operate or use.

(a) Pending the disposition of surplus

airport property by sale or lease. the

owning agency. prior to the date aecounta.biHtyIs assumed by the disposal

agency. and the disPOsal agency thereafter. may (1) grant a revocable permit

to maintain and operate the landing

area and airport facilities Included

within any surplus airport property as a

public airport to a Government agency

or State or local government evincing an

interest in acquiring the property with

or without cash payment and on such

terms as the accountable agency deems

proper. or (2) grant a revocable permit

for the landing area and airport facilities to be used for the landing. take-off,

servicing. and operation of duly licensed

aircraft.

(b) Permits or licenses to operate the

property under the provisions of subparagraph (1) or to use the facillUes

under the provisions of subparagraph

(2) shall be subject to the approval of the

Administrator and to compliance by the

licensees with all laws. ordinances. or

other applicable regulations.

(c) Pending the disposal of an airport property. the agency then charged

with the accountabUJty of such property

may grant a revocable lease or permit

for the use of the land or buildings not

withJn the landing area or for the use of

any bUildingother than airport facilities:

Provided. That such lease or permit wUl

not Interfere with any use of the airport

for airport jlprposes and will not interfere with. de)ay. or retard the disposal of

the airport property as an airport.

§ 8316.17ValU4tfon. (a) No appraisal

need be made where transfer to a Government agency without reimbursement

or transfer of funds or disposal to a State

or local government Without a cash payment is contemplated. If it is determined that the property will not be so

transferred or disposed of. the disposal

agencYshall establish its estimate of the

fair value of the property.

(b) The estimate of fair value shall

represent the maximum price Which a

well-informed buyer. acting inteJUgently

and voluntarily. would be warranted in

paying if he were acquiring the property

for long-term investment or for continued use in the light of the obliJations

to be assumed by the buyer.

(c) If at any time prior to the sale of

an airport proPerty conditions affecting

its value change. the disposal agency

shall modify its estimate accordingly.

<d) For the purpose of establishing

its estimate of fair value of the property. the disposal agency may utilize the

services of its own staff. the statf of another Federal agency or, where deemed

necessary. independent appraisers, and

shall maintain an adequate written record to support its estimate. Each such

appraisal record or report shall contain

the.appraiser's certificate that he has no

interest, direct or indirect, in the property or its sale, In cases where owning

agencies submit appraisal reports which

contain adequate and reliable information. the disposal agency,may use such

information in establishing its estimate

of the fair value of the property.

'§ 8316.18 Prices. (a) The disposal

agency shall determine the price at

which a disposal of an airport property

shall be made.

(b) Sale of an airport property as an

airport to a buyer entitled to a priority

shall be at a price which is substantially

the same as the estimate of fair value.

except that (1) a transfer to another

Government agency without reimbursement or transfer of funds may be made

where authorized by law. or (2) upon the

authorization of the Administrator the

disposal agency shall dispose of airport

property to any State or local government without a cash payment in consideration of the acceptance by such

State or local government of all reservations. restrictions. and conditions imposed by the Administrator. The disposal agency shall make such transfers

of airport property to Government agencies without reimbursement or transfer

of funds whenever a transfer on such

terms by the owning agency by which

such property was declared surplus

would be authorized by law to be made

to the agency desiring such property.

(c) Sale of an airport property as an

airport to any purchaser other than a

buyer entitled to a priority shall be at a

price approximating the estimate of fair

value as established by the disposal

agency and shall be made at the highest

price obtainable. except that the applicable objectives of the act may be taken

Into consideration In rejecting offers regardless of their amounts or In selecting

a buyer from among equal bidders.

Sales under this paragraph shall be for a

monetary consideration.

I8316.19Sulnniasion to Attorney General. Whenever any disposal agency

shall begin negotiations for the disposition to private interests of an airport

property which cost the Government $1.-

000,000or more, the disposal agency shall

promptly notify the Attorney General of

the proposed disposition and the probable terms or conditions thereof. and of

the extent and nature of the facilities

installed or provided thereon.

§ 8316.20Form ot transfer, Deeds or

instruments of transfer shall be in the

form approved by the Attorney General.

Transfers of title shall be by quit-claim

deed where the airport property is transferred without a cash payment. It In

other casesthe disposal agency findsthat

a warranty deed is necessary to obtain a

reasonable price for the property or to

render the title marketable, such form of

deed may be used where recommended

and approved by the Attorney General as

provided in the act.

§ 8316.21 Instruments ot transter.

(a) Conditions. Any deed, lease. or

other instrument executed to transfer

airport property pursuant to any disposal made under this part, containing

reservations. restrictions. or conditions.

shall contain provisions in effect:

(1) That upon a breach of any of the

reservations. restrictions. or conditions

by the immediate or any subsequent

transferee, the title. right of possession.

or other right transferred shall at the

option of the Government revert to the

Government upon demand; and

(2) That any such airport property

may be successively transferred only

with the approval of the Civil Aeronautics Administration or the successor

Government agency and with the proviso

that any such transferee assumes all the

obligations Imposed by the disposal

agency in the disposal to the ortginal

purchaser,

<b) Fusionahle 1n4terfaU reseroed,

Any lands disposed of under this part

shall be subject to a reservation of

fissionable materials as provided in

§ 8305.12(f) (5)' of Part 8305,

§ 8316.22 Records and reports. Owning and disposal agencies shall prepare

and maintain such records as will show

full compliance with the provtsions of

this part as to each disposal transaction.

The information in such records shall be

available at all reasonable times for public Inspection. Reports shall be prepared

and filed with the War Assets Administrator in such manner as may bespeclfied by order issued under this part subject to the approval of the Bureau of the

Budget pursuant to the Federal Reports

Act of 1942.

§ 8316.23 Regulations btl agenciel to

be reported to the Ad71UnUtratM. Each

owning agency and each disposal agencY

shall file with the Administrator copies

of all regulations. orders. and instructions of general applicabllity which they

may issue In furtherance of the prOVistons, or any of them. of this part.

18316.24 Excepl.fcms. Exceptions to

any portion of the procedure herein may

be made by direction of the Administrator where such exception would not be

in violation of the act.

This revision of this part shall become

effective June 26. 1946.

E. B. GIlBGOllY,

AdminutratOT.

JUNE 26, 1946.

ExmBrr A

Qovemment agencies to be given notice of

Impending dlspollal by mall:

Department of State.

Department of the Treasury.

Department of War.

Department of Justice.

Post OftIce Department.

Department or the Navy.

Department of the Interior.

Depllrtment ot AgricUlture.

Department ot Commerce,

U. S. Maritime CoJJUJ1.ls8lon.

01l1ce ot 8clentl11c Reaearch and Development.

The mall a.ddresa at these agencies 1B

Washington 25. D. C.

•sPA Reg. 5 (11 F.R. 2644. 3301,4096).

GPO-WAA 126-p. 4