United States Code

FARM LABOR ACT OF 1943

Act Apr. 29, 1943, ch. 82, §§ 1-5, 57 Stat. 70, as amended June 9, 1943, ch. 119, 57 Stat. 125; Dec. 23, 1943, ch. 381, § 1, 57 Stat. 643, provided for the supplying of additional farm workers for the production and harvesting of agricultural commodities essential to the war effort, and was superseded by act Feb. 14, 1944, ch. 16, title I, §§ 1—5, 58 Stat. 11-14.

WAR OVERTIME PAY ACT OF 1943

ACT MAY 7, 1943, CH. 93, 57 STAT. 75 SS 1401-1415. Omitted.

CODIFICATION

Sections 1401-1415, act May 7, 1943, ch. 93, §§ 1-15, 57 Stat. 75-78, which related to war overtime pay of certain civilian officers and employees during World War II, terminated on June 30, 1945 under the terms of section 1414. Section 1403 was amended by act Sept. 30, 1944, ch. 450, 58 Stat. 758.

WAIVER OF RESTRICTIONS

Act Apr. 1, 1944, ch. 152, title II, § 202, 58 Stat. 176, related to waiver of restrictions in appropriations limiting amounts payable for personal services to meet cost of overtime and additional compensation authorized by sections 1401-1415 of this Appendix.

BASIC RATE FOR OVERTIME COMPENSATION

Act Apr. 1, 1944, ch. 152, title II, § 203, 58 Stat. 176, provided that the basic rate for overtime compensation should be one and one-half times basic rate for work performed in excess of forty hours per week.

TRAINING OF NURSES THROUGH GRANTS TO

INSTITUTIONS

ACT JUNE 15, 1943, CH. 126, 57 STAT. 153 §§ 1451-1462. Omitted.

CODIFICATION

Sections 1451-1462, act June 15, 1943, ch. 126, §§ 1—12, 57 Stat. 153-155, relating to training of nurses for armed forces, hospitals, health agencies and war industries, terminated under the provisions of section 1460, on the termination of hostilities of World War II, proclaimed at 12 o'clock noon of Dec. 31, 1946, by Proc. No. 2714, set out as note under section 601 of this Appendix.

Section 1457 amended by act Mar. 4, 1944, ch. 83, 58 Stat. 112.

Sections 1461 and 1462 added as sections 11 and 12, respectively, of act June 15, 1943 by act Mar. 4, 1944, ch. 83, 58 Stat. 112.

TERMINATION OF APPROPRIATIONS

Section 803 of the Labor-Federal Security Appropriation Act of 1946, act July 3, 1945, ch. 263, 59 Stat. 383, provided that no part of any appropriation for training of defense workers contained in said act should be available for obligation longer than 60 days after cessation of hostilities of World War II, which was proclaimed at 12 o'clock noon of December 31, 1946, by Proc. No. 2714, set out as note under section 601 of this Appendix.

MERGER OF APPROPRIATIONS

The Federal Security Agency Appropriation Act, 1948, act July 8, 1947, ch. 210, title II, § 201, 61 Stat. 270, provided in part that the appropriation contained therein for the training of nurses under sections 1451-1460 of this Appendix was available for transfer and consolidation with the appropriations of St. Elizabeth and Freedmen's Hospitals to cover cost of items furnished to student nurses in training.

Similar provisions were carried in the following acts: 1946-July 26, 1946, ch. 672, title II, § 201, 60 Stat. 692. 1945-July 3, 1945, ch. 263, title II, 59 Stat. 370. 1944 June 28, 1944, ch. 302, title II, 58 Stat. 557. Apr. 1, 1944, ch. 152, title I, § 1, 58 Stat. 152. 36-500 0-65-vol. 11- 21

CIVILIAN REEMPLOYMENT OF MEMBERS OF MERCHANT MARINE

ACT JUNE 23, 1943, CH. 142, 57 STAT. 162

§§ 1471-1475. Repealed. July 24, 1956, ch. 671, §5 (a) (3), 70 Stat. 606, eff. July 1, 1954.

Section 1471, acts June 23, 1943, ch. 142, § 1, 57 Stat. 162; Aug. 8, 1946, ch. 867, 60 Stat. 905; Aug. 8, 1946, ch. 912, 60 Stat. 945, authorized a certificate of service for service in the merchant marine after May 1, 1940, and before the termination of the national emergency (July 25, 1947).

Sections 1472-1475, acts June 23, 1943, ch. 142, §§ 2-5, 57 Stat. 162, 163; Aug. 8, 1946, ch. 867, 60 Stat. 906, provided for civilian reemployment of members of the merchant marine, proceedings to compel employer's compliance, additional compensation to certain civilian employees during period of merchant marine service, and for promulgation of rules and regulations to carry out those sections.

REPLACEMENT OF AWARDS, MEDALS AND DECORATIONS For provisions authorizing the issuance of replacements of awards, medals, and decorations, notwithstanding the repeal of these sections, see section 5 (b) of act July 24, 1956, set out as a note under former sections 753-753f of this Appendix.

WAR LABOR DISPUTES ACT

ACT JUNE 25, 1943, CH. 144, 57 STAT. 163 S$ 1501-1511. Omitted.

CODIFICATION

Sections 1501, 1502, and 1504-1511, act June 25, 1943, ch. 144, §§ 1, 2, 4-11, 57 Stat. 163, relating to adjustment of war labor disputes, expired six months after cessation of hostilities on Dec. 31, 1946, as proclaimed by 1946 Proc. No. 2714, 12 F. R. 1, under the provisions of section 10 of act June 25, 1943.

Section 1503, act June 25, 1943, ch. 144, § 3, 57 Stat. 164, amending former section 309 of this Appendix expired on March 31, 1947, when section 309 expired.

Section 1509, act June 25, 1943, ch. 144, § 9, 57 Stat. 167, was also repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948.

VOLUNTARY ENLISTMENTS IN THE REGULAR MILITARY ESTABLISHMENT

ACT JUNE 1, 1945, CH. 168, 59 STAT. 230 SS 1531-1534. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Section 1531, acts, June 1, 1945, ch. 168, § 1, 59 Stat. 230; Oct. 6, 1945, ch. 393, § 3 (a), 59 Stat. 538, relating to enlistments and reenlistments in the Regular Army, terminated on June 30, 1947 by the provisions of former section 1533 of this Appendix.

Section 1532, act June 1, 1945, ch. 168, § 2, as added Oct. 6, 1945, ch. 393, § 3 (a), 59 Stat. 539, relating to regulations, expired on June 30, 1947 by the provisions of former section 1533 of this Appendix.

Section 1533, act June 1, 1945, ch. 168, § 3, as added Oct. 6, 1945, ch. 393, § 3 (a), 59 Stat. 539, relating to termination of authority to accept enlistments, terminated on June 30, 1947, by its own terms.

Section 1534, act June 1, 1945, ch. 168, § 4, as added Oct. 6, 1945, ch. 393, § 3(a), 59 Srat. 539, related to promotion after six months service in seventh grade.

CROSS REFERENCES

Recruiting campaigns for enlistments see sections 3255, 5531 and 8255 of Title 10, Armed Forces and section 468 of Title 14, Coast Guard.

WOMEN'S ARMY CORPS

ACT JULY 1, 1943, CH. 187, 57 STAT. 371

§§ 1551-1555. Repealed. July 25, 1947, ch. 327, § 2a, 61 Stat. 451, eff. June 12, 1949.

Sections, act July 1, 1943, ch. 187, 57 Stat. 371, relating to the Women's Army Corps, were repealed by act July 25, 1947, ch. 327, § 2a, 61 Stat. 451, to be effective July 1, 1948 but section 110 of act June 12, 1948, ch. 449, title I, 62 Stat. 363, provided in part that the effective date of repeal be postponed until June 12, 1949. Similar provisions are now covered by sections 3071, 3209, 3211, 3215, 3311, 3504, 3580, 3685, 3962 and 3991 of Title 10, Armed Forces.

1596.

1597.

Uniform allowance of certain appointees; completion of issue of uniforms, etc., complete issue as personal property.

Blanket appointment by President; grade corresponding to relative rank; effective date; pay and allowances; oath of office.

1598. Transportation allowances.

§ 1591. Army Nurse Corps members, dietetic, and physical-therapy personnel of Medical Department, etc.; authority and command; appointment as affecting prior appointment.

Notwithstanding any other provision of law, members of the Army Nurse Corps, female persons having the necessary qualifications for appointment in such corps, female dietetic and physical-therapy personnel of the Medical Department of the Army (exclusive of students and apprentices) appointed under the provisions of the Act of December 22, 1942 (56

Stat. 1072), and female persons having the necessary qualifications for appointments in such department as female dietetic or physical-therapy personnel under the provisions of the Act of December 22, 1942 (56 Stat. 1072), may be appointed as officers in the Army of the United States under the provisions of the joint resolution of September 22, 1941 (55 Stat. 728), as amended by the Act of July 7, 1943 (Public Law 114, Seventy-eighth Congress), in the grades therein prescribed, and assigned, respectively, to the Army Nurse Corps and Medical Department of the Army. All persons so appointed and assigned shall have authority in and about military hospitals as regards medical and sanitary matters and all other work within the scope of their professional duties next after other officers of the Medical Department and, except as above provided, shall exercise command only over those members of the Army of the United States specifically placed under their command. Members of the Army Nurse Corps so appointed and assigned shall not by acceptance of their appointments vacate their appointments in the Army Nurse Corps. (June 22, 1944, ch. 272, § 1, 58 Stat. 324.)

REFERENCES IN TEXT

Act of December 22, 1942, referred to in the text, formerly classified to section 164 of Title 10, Army and Air Force, was repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

Joint resolution of Sept. 22, 1941 (55 Stat 728), as amended by the Act of July 7, 1943 (Pub. L. 114, Seventyeighth Congress), referred to in the text, was repealed effective July 1, 1948, by Joint Res. July 25, 1947, ch. 327, § 2(a), 61 Stat. 451.

CHANGE OF NAME

The Medical Department of the Army was changed to the Army Medical Service by act June 28, 1950, ch. 383, title III, § 307, 64 Stat. 270, which was repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. See sections 3067-3070 of Title 10, Armed Forces.

Ex. ORD. No. 9454. ACTUAL RANK

Ex. Ord. No. 9454. July 10, 1944, 9 F. R. 7803, provided: By virtue of the authority vested in me as President of the United States by the act of June 22, 1944 (Public Law 350, 78th Congress) [sections 1591-1598 of this Appendix], I hereby appoint, commission and order to active duty, effective this date, as officers in the Army of the United States under the provisions of the joint resolution of September 22, 1941 (55 Stat. 728), as amended, in commissioned grades corresponding to the relative rank each such person holds on this date, all members of the Army Nurse Corps on active duty on June 22, 1944, and all female dietetic and physical-therapy personnel of the Medical Department of the Army (exclusive of students and apprentices), appointed under the provisions of the act of December 22, 1942 (56 Stat. 1072), on active duty in the Medical Department of the Army on June 22, 1944.

§ 1592. Rights, privileges, and benefits.

All persons appointed and assigned as officers in the Army of the United States under the provisions of section 1 of this Act [section 1591 of this Appendix] and their dependents and beneficiaries shall have all the rights, privileges, and benefits accorded in like cases to other persons appointed under the joint resolution of September 22, 1941 (55 Stat. 728), as amended, except where otherwise expressly provided in this [sections 1591-1598 of this Appendix] or any subsequent Act. (June 22, 1944, ch. 272, § 2, 58 Stat. 325.)

REFERENCES IN TEXT

Joint resolution of Sept. 22, 1941 (55 Stat. 728), as amended, referred to in the text, was repealed effective July 1, 1948, by Joint Res. July 25, 1947, ch. 327, § 2(a), 61 Stat. 451.

§ 1593. Retirement; grade and pay.

In addition to members of the Army Nurse Corps, any person appointed and assigned as an officer in the Army of the United States under the provisions of section 1 of this Act [section 1591 of this Appendix] shall be eligible to be retired under any law providing for the retirement of members of the Army Nurse Corps, and any such person, including members of the Army Nurse Corps, who, while serving under such appointment and assignment, is so retired for disability shall receive retired pay at the rate of 75 per centum of the active duty base and longevity pay received by her while serving in the highest grade in which she served under any such appointment and assignment, and, notwithstanding any other provision of law, shall be placed upon the Army Nurse Corps retired list in such highest grade. Any member of the Army Nurse Corps retired between December 7, 1941, and the date of enactment of this Act June 22, 1944] for disability and any female dietitian or physical-therapy aide so retired between January 12, 1943. and the date of enactment of this Act (June 22, 1944] shall receive, effective on the first day of the first month next following the date of enactment of this Act (June 22, 1944], retired pay at the rate of 75 per centum of the highest active duty base and longevity pay received by her while serving in the Army Nurse Corps or Medical Department of the Army, as the case may be, during the above-cited applicable period: Provided, That nothing contained in this section shall operate to reduce the retired pay presently received by any nurse, female dietitian, or physical-therapy aide. (June 22, 1944, ch. 272, § 3. 58 Stat. 325.) CHANGE OF NAME

§ 1594. Computation of length of service of Army Nurse Corps personnel.

In computing years of service for all purposes of members of the Army Nurse Corps appointed and assigned under the provisions of section 1 of this Act [section 1591 of this Appendix] there shall be credited active service in the Army Nurse Corps and in the Navy Nurse Corps, active service as a contract nurse prior to February 2, 1901, and service rendered pursuant to an appointment under this Act [sections 1591-1598 of this Appendix]. (June 22, 1944, ch. 272, § 4, 58 Stat. 325.)

§ 1595. Computation of length of service of dietetic and physical-therapy personnel.

In computing years of service for all purposes of female dietetic and physical-therapy personnel appointed and assigned under the provisions of section 1 of this Act [section 1591 of this Appendix] there shall be credited all active full-time service (except as a student or apprentice) in the dietetic or physical-therapy categories rendered subsequent to April

6, 1917, as a civilian employee of the Department of 'the Army, service rendered pursuant to an appointment as a female dietitian or physical-therapy aide under the provisions of the Act of December 22, 1942 (56 Stat. 1072), and service rendered pursuant to an appointment under this Act [sections 15911598 of this Appendix]. (June 22, 1944, ch. 272, § 5, 58 Stat. 325.)

REFERENCES IN TEXT

Act of December 22, 1942, referred to in the text, formerly classified to section 164 of Title 10, Army and Air Force, was repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was 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 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

§ 1596. Uniform allowance of certain appointees; completion of issue of uniforms, etc., complete issue as personal property.

Notwithstanding any other provision of law, no woman appointed and assigned under the provisions of section 1 of this Act [section 1591 of this Appendix] who is a member of the Army Nurse Corps or who has previously held an appointment as a female dietitian or physical-therapy aide under the provisions of the Act of December 22, 1942 (56 Stat. 1072) shall be entitled to any uniform allowance payable to officers of the Army of the United States. Any such woman who, either as a member of the Army Nurse Corps or a dietitian or physical-therapy aide, has not received a complete issue of uniforms, insignia, accessories, and equipment prescribed by regulations of the Secretary of the Army for persons in the respective categories may be issued the remainder of such prescribed articles, and any such woman who has heretofore or may hereafter receive such complete issue, or any part thereof, may retain such articles as her personal property. (June 22, 1944, ch. 272, § 6, 58 Stat. 325.)

REFERENCES IN TEXT

Act of December 22, 1942, referred to in the text, formerly classified to section 164 of Title 10, Army and Air Force, was repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

CODIFICATION

§ 1597. Blanket appointment by President; grade corresponding to relative rank; effective date; pay and allowances; oath of office.

For the purpose of effectuating prompt and equitable appointments under section 1 of this Act [section 1591 of this Appendix] of the personnel mentioned in the title of this Act [members of the

Army Nurse Corps, female persons having the necessary qualifications for appointment in such corps, female dietetic and physical-therapy personnel of the Medical Department of the Army (exclusive of students and apprentices), and female persons having the necessary qualifications for appointment in such department as female dietetic or physical-therapy personnel] who are on active duty on the date of enactment of this Act [June 22, 1944], the President is authorized to appoint, in commissioned grades corresponding to the relative rank held by such personnel on the effective date of the order of appointment, all or any part of such personnel by means of a blanket order without specifying the names of the personnel so appointed. Any person so appointed by such blanket order shall be deemed for all purposes to have accepted her appointment as an officer in the Army of the United States upon the effective date of such blanket order unless she shall expressly decline such appointment, and shall receive from such date the pay and allowances of the commissioned grade to which she was so appointed. such person who, upon receiving an appointment in the Army of the United States, shall have subscribed to the oath of office required by section 1757, Revised Statutes [section 16 of Title 51, shall be required to renew such oath or to take a new oath upon her appointment as a commissioned officer, if her service in the Army of the United States after the taking of such oath shall have been continuous. (June 22, 1944, ch. 272, § 7, 58 Stat. 326.)

CHANGE OF NAME

§ 1598. Transportation allowances.

Women appointed in the Army Nurse Corps, female dietitians and physical-therapy aides appointed in the Medical Department of the Army under the provisions of the Act of December 22, 1942 (56 Stat. 1072), and women appointed from civilian life under the provisions of section 1 of this Act [section 1591 of this Appendix] shall receive for travel performed under competent orders from home to first-duty station the mileage allowance provided for persons appointed as officers under the joint resolution of September 22, 1941 (55 Stat. 728). This section shall be applicable with respect to travel performed on or after December 22, 1942. (June 22, 1944, ch. 272, § 8, 58 Stat. 326.)

REFERENCES IN TEXT

Act of December 22, 1942, referred to in the text, formerly classified to section 164 of Title 10. Army and Air Force, was repealed by act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641.

CHANGE OF NAME

Contract Settlement Act of 1944, see chapter 2 of Title 41, Public Contracts.

General Services Administration, see chapter 11C of Title 5, Executive Departments and Government Officers and Employees.

Management and disposal of Government property, see chapter 10 of Title 40, Public Buildings, Property, and Works.

Procurement procedures, see chapter 4 of Title 41, Public Contracts.

Renegotiation Act, see section 1191 of this Appendix. Renegotiation of contracts, see sections 1211-1233 of this Appendix.

Repricing of war contracts, see section 1192 of this Appendix.

§§ 1611-1614. Repealed. June 30, 1949, ch. 288, title VI, § 602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, § 6 (a), (b), 64 Stat. 583.

Sections 1611-1614, act Oct. 3, 1944, ch. 479, §§ 2-5, 58 Stat. 766-768, relating to Congressional declaration of purpose. definitions, general rule for disposal of surplus property, and creation of Surplus Property Board, respectively, are now covered by chapter 10, of Title 40, Public Buildings, Property and Works.

Section 1612 was amended by act Sept. 18, 1945, ch. 368, 2, 59 Stat. 533.

SS 1614a, 1614b. Omitted.

CODIFICATION

Sections, act Sept. 18, 1945, ch. 368, §§ 1, 2, 59 Stat. 533, relating to the establishment of the Surplus Property Administration, have been omitted as obsolete under the provisions of Ex. Ord. No. 9689, Jan. 31, 1946, 11 F. R.1265, as amended by Ex. Ord. No. 9707, Mar. 25, 1946,

11 F. R. 3149, which transferred the domestic functions of the Administration to the War Assets Corporation and its foreign functions to the Department of State and by 1947 Reorg. Plan No. 1, § 501, eff. July 1, 1947, 12 F. R. 4535, 61 Stat. 952, which made the transfers permanent. ABOLITION OF WAR ASSETS ADMINISTRATION; TRANSFER OF

FUNCTIONS

Section 101 of act June 30, 1948, ch. 775, 62 Stat. 1202, as amended Feb. 21, 1949, ch. 7, § 1, 63 Stat. 6; May 24, 1949, ch. 138, title I, § 101, 63 Stat. 81, which provided in part for the abolition of the War Assets Administration and transfer of its functions to various departments and agencies on Feb. 28, 1949, was repealed by act June 30, 1949, ch. 288, title VI, § 602 (a) (2), 63 Stat. 399, eff. June 30, 1949, renumbered Sept. 5, 1950, ch. 849, § 6 (a), (b), 64 Stat. 583.

§§ 1615-1621. Repealed. June 30, 1949, ch. 288, title VI, § 602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, § 6 (a), (b), 64 Stat. 583.

Sections, act Oct. 30, 1944, ch. 479, §§ 6-12, 58 Stat. 768-770, relating to powers and duties of Surplus Property Board, are now covered by chapter 10 of Title 40, Public Buildings, Property and Works.

Sections 1615-1618 amended by act Sept. 18, 1945, ch. 368, § 2, 59 Stat. 533.

Section 1619 amended by act Aug. 1, 1946, ch. 723, § 1, 60 Stat. 754.

Section 1620 amended by act Sept. 18, 1945, ch. 368, § 2, 59 Stat. 533.

Section 1621, amended by acts Sept. 18, 1945, ch. 368, § 2. 59 Stat. 533; May 3, 1946, ch. 248, §§ 2-4, 60 Stat. 168.

§ 1621a. Utilization of surplus property by Federal Prison Industries, Incorporated.

CODIFICATION

Section has been transferred to note under section 4122 of Title 18, Crimes and Criminal Procedure.

§ 1622. Disposal to local governments and nonprofit institutions.

(a)-(c). Repealed. June 30, 1949, ch. 288, title VI, § 602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583.

(d) Power transmission lines.

Whenever any State or political subdivision thereof, or any State or Government agency or instrumentality certifies to the Administrator of General Services that any power transmission line determined to be surplus property under the provisions of this Act [former sections 1611-1614, 1615-1622, 1623-1632 and 1633-1646 of this Appendix] is needful for or adaptable to the requirements of any public or cooperative power project, such line and the right-of-way acquired for its construction shall not be sold, leased for more than one year, or otherwise disposed of, except as provided in section 12 [former section 1621 of this Appendix] or this section, unless specifically authorized by Act of Congress.

(e), (f). Repealed. June 30, 1949, ch. 288, title VI, § 602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, § 6 (a), (b), 64 Stat. 583.

(g) Real and personal property for public airports. (1) Notwithstanding any other provision of this Act [former sections 1611-1614, 1615-1622, 16231632 and 1633-1646 of this Appendix], any disposal agency designated pursuant to this Act [such sections] may, with the approval of the Administrator of General Services, convey or dispose of to any State, political subdivision, municipality, or taxsupported institution, without monetary consideration to the United States, but subject to the terms,

conditions, reservations, and restrictions hereinafter provided for, all of the right, title, and interest of the United States in and to any surplus real or personal property (exclusive of property the highest and best use of which is determined by the Administrator of General Services to be industrial and which shall be so classified for disposal without regard to the provisions of this subsection) which, in the determination of the Administrator of the Federal Aviation Agency, is essential, suitable, or desirable for the development, improvement, operation, or maintenance of a public airport as defined in the Federal Airport Act (60 Stat. 170) [section 1101 of Title 491 or reasonably necessary to fulfill the immediate and foreseeable future requirements of the grantee for the development, improvement, operation, or maintenance of a public airport, including property needed to develop sources of revenue from nonaviation businesses at a public airport.

(2) Except as provided in paragraph (3) of this subsection, all property disposed of under the authority of this subsection shall be disposed of on and subject to the following terms, conditions, reservations, and restrictions:

(A) No property disposed of under the authority of this subsection 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 the Federal Aviation Agency, which consent shall be granted only if the Administrator of the Federal Aviation Agency 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. (B) All property transferred for airport purposes shall be used and maintained for the use and benefit of the public, without unjust discrimination.

(C) No exclusive right for the use of the airport at which the 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, adequately clear and protect the aerial approaches to the airport by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.

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United States Code, Volume 11