49 U.S.C. § 49104

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 49104 - Lease of Metropolitan Washington Airports

(a) GENERAL.-The lease between the Secretary of Transportation and the Metropolitan Washington Airports Authority under section 6005(a) of the Metropolitan Washington Airports Act of 1986 (Public Law 99-500; 100 Stat. 1783-375; Public Law 99-591; 100 Stat. 3341-378), for the Metropolitan Washington Airports must provide during its 50-year term at least the following:

(1) The Airports Authority shall operate, maintain, protect, promote, and develop the Metropolitan Washington Airports as a unit and as primary airports serving the Metropolitan Washington area.

(2)

(A) In this paragraph, "airport purposes" means a use of property interests (except a sale) for-

(i) aviation business or activities;

(ii) activities necessary or appropriate to serve passengers or cargo in air commerce;

(iii) nonprofit, public use facilities that are not inconsistent with the needs of aviation; or

(iv) a business or activity not inconsistent with the needs of aviation that has been approved by the Secretary.

(B) During the period of the lease, the real property constituting the Metropolitan Washington Airports shall be used only for airport purposes.

(C) If the Secretary decides that any part of the real property leased to the Airports Authority under this chapter is used for other than airport purposes, the Secretary shall-

(i) direct that the Airports Authority take appropriate measures to have that part of the property be used for airport purposes; and

(ii) retake possession of the property if the Airports Authority fails to have that part of the property be used for airport purposes within a reasonable period of time, as the Secretary decides.

(3) The Airports Authority is subject to section 47107(a)-(c) and (e) of this title and to the assurances and conditions required of grant recipients under the Airport and Airway Improvement Act of 1982 (Public Law 97-248; 96 Stat. 671) as in effect on June 7, 1987. Notwithstanding section 47107(b) of this title, all revenues generated by the Metropolitan Washington Airports shall be expended for the capital and operating costs of the Metropolitan Washington Airports.

(4) In acquiring by contract supplies or services for an amount estimated to be more than $200,000, or awarding concession contracts, the Airports Authority to the maximum extent practicable shall obtain complete and open competition through the use of published competitive procedures. By a vote of 7 members, the Airports Authority may grant exceptions to the requirements of this paragraph.

(5)

(A) Except as provided in subparagraph (B) of this paragraph, all regulations of the Metropolitan Washington Airports (14 CFR part 159) ¹ become regulations of the Airports Authority as of June 7, 1987, and remain in effect until modified or revoked by the Airports Authority under procedures of the Airports Authority.

(B) Sections 159.59(a) and 159.191 of title 14, Code of Federal Regulations,¹ do not become regulations of the Airports Authority.

(C) The Airports Authority may not increase or decrease the number of instrument flight rule takeoffs and landings authorized by the High Density Rule (14 CFR 93.121 et seq.) at Ronald Reagan Washington National Airport on October 18, 1986, and may not impose a limitation on the number of passengers taking off or landing at Ronald Reagan Washington National Airport.

(D) Subparagraph (C) does not apply to any increase in the number of instrument flight rule takeoffs and landings necessary to implement exemptions granted by the Secretary under section 41718.

(6)

(A) Except as specified in subparagraph (B) of this paragraph, the Airports Authority shall assume all rights, liabilities, and obligations of the Metropolitan Washington Airports on June 7, 1987, including leases, permits, licenses, contracts, agreements, claims, tariffs, accounts receivable, accounts payable, and litigation related to those rights and obligations, regardless whether judgment has been entered, damages awarded, or appeal taken. The Airports Authority must cooperate in allowing representatives of the Attorney General and the Secretary adequate access to employees and records when needed for the performance of duties and powers related to the period before June 7, 1987. The Airports Authority shall assume responsibility for the Federal Aviation Administration's Master Plans for the Metropolitan Washington Airports.

(B) The procedure for disputes resolution contained in any contract entered into on behalf of the United States Government before June 7, 1987, continues to govern the performance of the contract unless otherwise agreed to by the parties to the contract. Claims for monetary damages founded in tort, by or against the Government as the owner and operator of the Metropolitan Washington Airports, arising before June 7, 1987, shall be adjudicated as if the lease had not been entered into.

(C) The Administration is responsible for reimbursing the Employees' Compensation Fund, as provided in section 8147 of title 5, for compensation paid or payable after June 7, 1987, in accordance with chapter 81 of title 5 for any injury, disability, or death due to events arising before June 7, 1987, whether or not a claim was filed or was final on that date.

(D) The Airports Authority shall continue all collective bargaining rights enjoyed by employees of the Metropolitan Washington Airports before June 7, 1987.

(7) The Comptroller General may conduct periodic audits of the activities and transactions of the Airports Authority in accordance with generally accepted management principles, and under regulations the Comptroller General may prescribe. An audit shall be conducted where the Comptroller General considers it appropriate. All records and property of the Airports Authority shall remain in possession and custody of the Airports Authority.

(8) The Airports Authority shall develop a code of ethics and financial disclosure to ensure the integrity of all decisions made by its board of directors and employees. The code shall include standards by which members of the board will decide, for purposes of section 49106(d) of this title, what constitutes a substantial financial interest and the circumstances under which an exception to the conflict of interest prohibition may be granted.

(9) A landing fee imposed for operating an aircraft or revenues derived from parking automobiles-

(A) at Washington Dulles International Airport may not be used for maintenance or operating expenses (excluding debt service, depreciation, and amortization) at Ronald Reagan Washington National Airport; and

(B) at Ronald Reagan Washington National Airport may not be used for maintenance or operating expenses (excluding debt service, depreciation, and amortization) at Washington Dulles International Airport.

(10) The Airports Authority shall compute the fees and charges for landing general aviation aircraft at the Metropolitan Washington Airports on the same basis as the landing fees for air carrier aircraft, except that the Airports Authority may require a minimum landing fee that is not more than the landing fee for aircraft weighing 12,500 pounds.

(11) The Secretary shall include other terms applicable to the parties to the lease that are consistent with, and carry out, this chapter.

(b) PAYMENTS.-Under the lease, the Airports Authority must pay to the general fund of the Treasury annually an amount, computed using the GNP Price Deflator, equal to $3,000,000 in 1987 dollars. The Secretary and the Airports Authority may renegotiate the level of lease payments attributable to inflation costs every 10 years.

(c) ENFORCEMENT OF LEASE PROVISIONS.-The district courts of the United States have jurisdiction to compel the Airports Authority and its officers and employees to comply with the terms of the lease. The Attorney General or an aggrieved party may bring an action on behalf of the Government.

(d) EXTENSION OF LEASE.-The Secretary and the Airports Authority may at any time negotiate an extension of the lease.

¹ See References in Text note below.

49 U.S.C. § 49104

Added Pub. L. 105-102, §2(26), Nov. 20, 1997, 111 Stat. 2207; amended Pub. L. 105-154, §2(a)(1)(D), Feb. 6, 1998, 112 Stat. 3; Pub. L. 106-181, title II, §231(e)(2), Apr. 5, 2000, 114 Stat. 113; Pub. L. 112-95, title IV, §414(e), Feb. 14, 2012, 126 Stat. 92.

HISTORICAL AND REVISION NOTE
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
49104(a)	(uncodified).	Oct. 18, 1986, Pub. L. 99-500, title VI, §§6005(a), (d), 6007(d) (last sentence), 100 Stat. 1783-375, 1783-376, 1783-380.
		Oct. 18, 1986, Pub. L. 99-500, title VI, §6005(c), 100 Stat. 1783-376; Oct. 9, 1996, Pub. L. 104-264, title IX, §902, 110 Stat. 3274.
		Oct. 30, 1986, Pub. L. 99-591, title VI, §§6005(a), (d), 6007(d) (last sentence), 100 Stat. 3341-378, 3341-379, 3341-383.
		Oct. 30, 1986, Pub. L. 99-591, title VI, §6005(c), 100 Stat. 3341-379; Oct. 9, 1996, Pub. L. 104-264, title IX, §902, 110 Stat. 3274.
49104(b)	(uncodified).	Oct. 18, 1986, Pub. L. 99-500, title VI, §6005(b), 100 Stat. 1783-375.
		Oct. 30, 1986, Pub. L. 99-591, title VI, §6005(b), 100 Stat. 3341-378.
49104(c)	(uncodified).	Oct. 18, 1986, Pub. L. 99-500, title VI, §6005(e), 100 Stat. 1783-378.
		Oct. 30, 1986, Pub. L. 99-591, title VI, §6005(e), 100 Stat. 3341-381.
49104(d)	(uncodified).	Oct. 18, 1986,Pub. L. 99-500, title VI, §60101986,, 100 Stat. 1783-385.
		Oct. 30, 1986,Pub. L. 99-591, title VI, §60101986,, 100 Stat. 3341-388.

In subsection (a), before clause (1), the text of section 6005(a) and (d) of the Metropolitan Washington Airports Act of 1986 (Public Law 99-500 100 Stat. 1783-375, 1783-378, Public Law 99-591 100 Stat. 3341-378, 3341-381) is omitted as executed. The words "conditions and requirements" are omitted as surplus. In clause (5)(B), the words "(relating to new-technology aircraft)" and "(relating to violations of Federal Aviation Administration regulations as Federal misdemeanors)" are omitted as surplus. In clause (5)(C), the words "after the date the lease takes effect" are omitted as obsolete. In clause (6)(A), the words "(tangible and incorporeal, present and executory)" are omitted as surplus. The words "The Airports Authority must" are substituted for "Before the date the lease takes effect, the Secretary shall also assure that the Airports Authority has agreed to" to eliminate obsolete words. The words "duties and powers" are substituted for "functions" for consistency in the revised title and with other titles of the United States Code. In clause (7), the words "or places" are omitted because of 1:1. The words "books, accounts . . . reports, files, papers" are omitted as being included in "reports". In clause (8), the words "for purposes of section 49106(d) of this title" are added for clarity. In clause (9), before subclause (A), the words "Notwithstanding any other provision of law" are omitted as surplus. In clause (11), the words "and conditions" are omitted as being included in "terms".In subsection (b), the text of section 6005(b)(2) of the Metropolitan Washington Airports Act of 1986 (Public Law 99-500 100 Stat. 1783-375, Public Law 99-591 100 Stat. 3341-378) is omitted as executed.

EDITORIAL NOTES

REFERENCES IN TEXTSection 6005(a) of the Metropolitan Washington Airports Act of 1986, referred to in subsec. (a), is section 6005(a) of Pub. L. 99-500, title VI, Oct. 18, 1986, 100 Stat. 1783-375, and Pub. L. 99-591, title VI, Oct. 30, 1986, 100 Stat. 3341-378, which was classified to section 2454(a) of former Title 49, Transportation, and was repealed and reenacted as subsec. (a) of this section by Pub. L. 105-102, §§2(26), Nov. 20, 1997, 5, Nov. 20, 1997, 111 Stat. 2205, 2217.The Airport and Airway Improvement Act of 1982, referred to in subsec. (a)(3), is title V of Pub. L. 97-248, Sept. 3, 1982, 96 Stat. 671, which was classified principally to chapter 31 (§2201 et seq.) of former Title 49, Transportation, and was substantially repealed by Pub. L. 103-272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as subchapter I of chapter 471 of Title 49, Transportation.Part 159 of title 14 of the Code of Federal Regulations, including sections 159.59 and 159.191, referred to in subsec. (a)(5)(A), (B), was removed from the Code of Federal Regulations by the Federal Aviation Administration by final rule, effective May 2, 1996. See 61 F.R. 19784.

PRIOR PROVISIONSA prior section 49104 was renumbered section 50104 of this title.

AMENDMENTS2012-Subsec. (a)(2)(A)(iv). Pub. L. 112-95 added cl. (iv).2000-Subsec. (a)(5)(D). Pub. L. 106-181 added subpar. (D).1998-Subsec. (a)(5)(C), (9)(A), (B). Pub. L. 105-154 substituted "Ronald Reagan Washington National Airport" for "Washington National Airport" wherever appearing.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106-181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181 set out as a note under section 106 of this title.

Airports Authority

"Airports Authority" means the Metropolitan Washington Airports Authority, a public authority created by Virginia and the District of Columbia consistent with the requirements of section 49106 of this title.

Metropolitan Washington Airports

"Metropolitan Washington Airports" means Ronald Reagan Washington National Airport and Washington Dulles International Airport.

Ronald Reagan Washington National Airport

"Ronald Reagan Washington National Airport" means the airport described in the Act of June 29, 1940 (ch. 444, 54 Stat. 686).

Washington Dulles International Airport

"Washington Dulles International Airport" means the airport constructed under the Act of September 7, 1950 (ch. 905, 64 Stat. 770), and includes the Dulles Airport Access Highway and Right-of-way, including the extension between Interstate Routes I-495 and I-66.