Sec. 740. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR USE IN RESPONDING TO OIL SPILLS
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## SEC. 740 AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR USE IN RESPONDING TO OIL SPILLS **[**[10 U.S.C. 2576 note](/us/usc/t10/s2576)**]** ###
(a)Authority ####
(1)Sale of aircraft and aircraft parts Notwithstanding subchapter II of chapter 5 of title 40, United States Code, and subject to subsections
(b)and (c), the Secretary of Defense may sell aircraft and aircraft parts referred to in paragraph
(2)to a person or entity that provides oil spill response services (including the application of oil dispersants by air) pursuant to an oil spill response plan that has been approved by the Secretary of the Department in which the Coast Guard is operating. ####
(2)Aircraft and aircraft parts that may be sold The aircraft and aircraft parts that may be sold under paragraph
(1)are aircraft and aircraft parts of the Department of Defense that are determined by the Secretary of Defense to be— #####
(A)excess to the needs of the Department; and #####
(B)acceptable for commercial sale. ###
(b)Conditions of Sale Aircraft and aircraft parts sold under subsection (a)— ####
(1)shall have as their primary purpose usage for oil spill spotting, observation, and dispersant delivery and may not have any secondary purpose that would interfere with oil spill response efforts under an oil spill response plan; and ####
(2)may not be flown outside of or removed from the United States except for the purpose of fulfilling an international agreement to assist in oil spill dispersing efforts, for immediate response efforts for an oil spill outside United States waters that has the potential to threaten United States waters, or for other purposes that are jointly approved by the Secretary of Defense and the Secretary of Homeland Security. ###
(c)Certification of Persons and Entities The Secretary of Defense may sell aircraft and aircraft parts to a person or entity under subsection
(a)only if the Secretary of Homeland Security certifies to the Secretary of Defense, in writing, before the sale, that the person or entity is capable of meeting the terms and conditions of a contract to deliver oil spill dispersants by air, and that the overall system to be employed by that person or entity for the delivery and application of oil spill dispersants has been sufficiently tested to ensure that the person or entity is capable of being included in an oil spill response plan that has been approved by the Secretary of the Department in which the Coast Guard is operating. ###
(d)Regulations ####
(1)Issuance As soon as practicable after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security and the Administrator of General Services, shall prescribe regulations relating to the sale of aircraft and aircraft parts under this section. ####
(2)Contents The regulations shall— #####
(A)ensure that the sale of the aircraft and aircraft parts is made at a fair market value, as determined by the Secretary of Defense, and, to the extent practicable, on a competitive basis; #####
(B)require a certification by the purchaser that the aircraft and aircraft parts will be used only in accordance with the conditions set forth in subsection (b); #####
(C)establish appropriate means of verifying and enforcing the use of the aircraft and aircraft parts by the purchaser and other operators in accordance with the conditions set forth in subsection
(b)or pursuant to subsection (e); and #####
(D)ensure, to the maximum extent practicable, that the Secretary of Defense consults with the Administrator of General Services and with the heads of appropriate departments and agencies of the Federal Government regarding alternative requirements for such aircraft and aircraft parts before the sale of such aircraft and aircraft parts under this section. ###
(e)Additional Terms and Conditions The Secretary of Defense may require such other terms and conditions in connection with each sale of aircraft and aircraft parts under this section as the Secretary considers appropriate for such sale. Such terms and conditions shall meet the requirements of regulations prescribed under subsection (d). ###
(f)Report Not later than March 31, 2006, the Secretary of Defense shall transmit to the Committees on Armed Services and Commerce, Science, and Transportation of the Senate and the Committees on National Security and Transportation and Infrastructure of the House of Representatives a report on the Secretary's exercise of authority under this section. The report shall set forth— ####
(1)the number and types of aircraft sold under the authority, and the terms and conditions under which the aircraft were sold; ####
(2)the persons or entities to which the aircraft were sold; and ####
(3)an accounting of the current use of the aircraft sold. ###
(g)Statutory Construction ####
(1)Authority of administrator Nothing in this section may be construed as affecting the authority of the Administrator under any other provision of law. ####
(2)Certification requirements Nothing in this section may be construed to waive, with respect to an aircraft sold under the authority of this section, any requirement to obtain a certificate from the Administrator to operate the aircraft for any purpose (other than oil spill spotting, observation, and dispersant delivery) for which such a certificate is required. ###
(h)Proceeds From Sale The net proceeds of any amounts received by the Secretary of Defense from the sale of aircraft and aircraft parts under this section shall be covered into the general fund of the Treasury as miscellaneous receipts. ###
(i)Expiration of Authority The authority to sell aircraft and aircraft parts under this section expires on September 30, 2006. * * * * * * * # TITLE VIII NATIONAL PARKS AIR TOUR MANAGEMENT
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Sec. 740
AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR USE IN RESPONDING TO OIL SPILLS
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