49 U.S.C. § 49104 — Lease of Metropolitan Washington Air-

Page 1719 TITLE 49—TRANSPORTATION § 49104 § 49103. Definitions In this chapter— (1) ‘‘Airports Authority’’ means the Metro- politan Washington Airports Authority, a pub- lic authority created by Virginia and the Dis- trict of Columbia consistent with the require- ments of section 49106 of this title. (2) ‘‘employee’’ means any permanent Fed- eral Aviation Administration personnel em- ployed by the Metropolitan Washington Air- ports on June 7, 1987. (3) ‘‘Metropolitan Washington Airports’’ means Ronald Reagan Washington National Airport and Washington Dulles International Airport. (4) ‘‘Washington Dulles International Air- port’’ means the airport constructed under the Act of September 7, 1950 (ch. 905, 64 Stat. 770), and includes the Dulles Airport Access High- way and Right-of-way, including the extension between Interstate Routes I–495 and I–66. (5) ‘‘Ronald Reagan Washington National Airport’’ means the airport described in the Act of June 29, 1940 (ch. 444, 54 Stat. 686). (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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 49103 .......... (uncodified). Oct. 18, 1986, Pub. L. 99–500, title VI, § 6004, 100 Stat. 1783–374. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6004, 100 Stat. 3341–377. In this section, the text of section 6004(1) and (5) of the Metropolitan Washington Airports Act of 1986 (Pub- lic Law 99–500, 100 Stat. 1783–374, 1783–375, Public Law 99–591, 100 Stat. 3341–378) is omitted as surplus because the complete names of the Administrator of the Fed- eral Aviation Administration and the Secretary of Transportation are used the first time those terms ap- pear in a section. In clause (1), the words ‘‘an organization within the Federal Aviation Administration’’ are omitted as sur- plus. Editorial Notes REFERENCES IN TEXT Act of September 7, 1950, ch. 905, 64 Stat. 770, referred to in par. (4), was classified to subchapter II (§ 2421 et seq.) of chapter 33 of former Title 49, Transportation, and was omitted from the Code when subtitles II, III, and V to X of Title 49, Transportation, were enacted by Pub. L. 103–272, July 5, 1994, 108 Stat. 745. Act of June 29, 1940, ch. 444, 54 Stat. 686, referred to in par. (5), was classified to subchapter I (§ 2401 et seq.) of chapter 33 of former Title 49, Transportation, and was omitted from the Code when subtitles II, III, and V to X of Title 49, Transportation, were enacted by Pub. L. 103–272, July 5, 1994, 108 Stat. 745. PRIOR PROVISIONS A prior section 49103 was renumbered section 50103 of this title. AMENDMENTS 1998—Pars. (3), (5). Pub. L. 105–154 substituted ‘‘Ron- ald Reagan Washington National Airport’’ for ‘‘Wash- ington National Airport’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 105–154, § 1, Feb. 6, 1998, 112 Stat. 3, provided that: ‘‘The airport described in the Act entitled ‘An Act to provide for the administration of the Washington National Airport, and for other purposes’, approved June 29, 1940 (54 Stat. 686) [section 2401 et seq. of former Title 49, Transportation, see References in Text note above], and known as the Washington National Airport, shall be known and designated as the ‘Ronald Reagan Washington National Airport’.’’ Pub. L. 105–154, § 2(b), Feb. 6, 1998, 112 Stat. 4, provided that: ‘‘Any reference in a law, map, regulation, docu- ment, paper, or other record of the United States to the Washington National Airport shall be deemed to be a reference to the ‘Ronald Reagan Washington National Airport’.’’ § 49104. Lease of Metropolitan Washington Air- ports (a) GENERAL.—The lease between the Sec- retary 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 Metropoli- tan 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 avia- tion; or (iv) a business or activity not inconsistent with the needs of aviation that has been ap- proved by the Secretary. (B) During the period of the lease, the real property constituting the Metropolitan Wash- ington Airports shall be used only for airport purposes. (C) If the Secretary decides that any part of the real property leased to the Airports Au- thority 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 sec- tion 47107(a)–(c) and (e) of this title and to the assurances and conditions required of grant recipients under the Airport and Airway Im- provement Act of 1982 (Public Law 97–248; 96 Stat. 671) as in effect on June 7, 1987. Notwith- standing section 47107(b) of this title, all reve- nues generated by the Metropolitan Wash- ington Airports shall be expended for the cap- Page 1720 TITLE 49—TRANSPORTATION § 49104 1 See References in Text note below. ital and operating costs of the Metropolitan Washington Airports. (4) In acquiring by contract supplies or serv- ices 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 com- petitive 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 ef- fect 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 lim- itation on the number of passengers taking off or landing at Ronald Reagan Washington Na- tional Airport. (D) Subparagraph (C) does not apply to any increase in the number of instrument flight rule takeoffs and landings necessary to imple- ment 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 obliga- tions of the Metropolitan Washington Airports on June 7, 1987, including leases, permits, li- censes, contracts, agreements, claims, tariffs, accounts receivable, accounts payable, and litigation related to those rights and obliga- tions, regardless whether judgment has been entered, damages awarded, or appeal taken. The Airports Authority must cooperate in al- lowing representatives of the Attorney Gen- eral and the Secretary adequate access to em- ployees and records when needed for the per- formance of duties and powers related to the period before June 7, 1987. The Airports Au- thority shall assume responsibility for the Federal Aviation Administration’s Master Plans for the Metropolitan Washington Air- ports. (B) The procedure for disputes resolution contained in any contract entered into on be- half of the United States Government before June 7, 1987, continues to govern the perform- ance 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 op- erator of the Metropolitan Washington Air- ports, arising before June 7, 1987, shall be adju- dicated as if the lease had not been entered into. (C) The Administration is responsible for re- imbursing 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 em- ployees of the Metropolitan Washington Air- ports before June 7, 1987. (7) The Comptroller General may conduct periodic audits of the activities and trans- actions of the Airports Authority in accord- ance with generally accepted management principles, and under regulations the Comp- troller General may prescribe. An audit shall be conducted where the Comptroller General considers it appropriate. All records and prop- erty of the Airports Authority shall remain in possession and custody of the Airports Author- ity. (8) The Airports Authority shall develop a code of ethics and financial disclosure to en- sure 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 sub- stantial financial interest and the cir- cumstances under which an exception to the conflict of interest prohibition may be grant- ed. (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 Wash- ington Dulles International Airport. (10) The Airports Authority shall compute the fees and charges for landing general avia- tion aircraft at the Metropolitan Washington Airports on the same basis as the landing fees for air carrier aircraft, except that the Air- ports Authority may require a minimum land- ing 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 Au- thority may renegotiate the level of lease pay- ments attributable to inflation costs every 10 years. (c) ENFORCEMENT OF LEASE PROVISIONS.—The district courts of the United States have juris- diction to compel the Airports Authority and its officers and employees to comply with the terms of the lease. The Attorney General or an ag- grieved party may bring an action on behalf of the Government. Page 1721 TITLE 49—TRANSPORTATION § 49105 (d) EXTENSION OF LEASE.—The Secretary and the Airports Authority may at any time nego- tiate an extension of the lease. (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 NOTES Revised Section 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, § 6010, 100 Stat. 1783–385. Oct. 30, 1986, Pub. L. 99–591, title VI, § 6010, 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 re- quirements’’ are omitted as surplus. In clause (5)(B), the words ‘‘(relating to new-technology aircraft)’’ and ‘‘(relating to violations of Federal Aviation Adminis- tration regulations as Federal misdemeanors)’’ are omitted as surplus. In clause (5)(C), the words ‘‘after the date the lease takes effect’’ are omitted as obso- lete. In clause (6)(A), the words ‘‘(tangible and incorpo- real, present and executory)’’ are omitted as surplus. The words ‘‘The Airports Authority must’’ are sub- stituted 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 con- ditions’’ 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 TEXT Section 6005(a) of the Metropolitan Washington Air- ports 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), 5(b), Nov. 20, 1997, 111 Stat. 2205, 2217. The Airport and Airway Improvement Act of 1982, re- ferred to in subsec. (a)(3), is title V of Pub. L. 97–248, Sept. 3, 1982, 96 Stat. 671, which was classified prin- cipally 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 reen- acted 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 sub- sec. (a)(5)(A), (B), was removed from the Code of Fed- eral Regulations by the Federal Aviation Administra- tion by final rule, effective May 2, 1996. See 61 F.R. 19784. PRIOR PROVISIONS A prior section 49104 was renumbered section 50104 of this title. AMENDMENTS 2012—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 sub- stituted ‘‘Ronald Reagan Washington National Air- port’’ for ‘‘Washington National Airport’’ wherever ap- pearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–181 applicable only to fis- cal 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. § 49105. Capital improvements, construction, and rehabilitation (a) SENSE OF CONGRESS.—It is the sense of Con- gress that the Metropolitan Washington Air- ports Authority— (1) should pursue the improvement, con- struction, and rehabilitation of the facilities at Washington Dulles International Airport and Ronald Reagan Washington National Air- port simultaneously; and (2) to the extent practicable, should cause the improvement, construction, and rehabili- tation proposed by the Secretary of Transpor- tation to be completed at Washington Dulles International Airport and Ronald Reagan Washington National Airport within 5 years after March 30, 1988. (b) SECRETARY’S ASSISTANCE.—The Secretary shall assist the 3 airports serving the District of Columbia metropolitan area in planning for operational and capital improvements at those airports and shall accelerate consideration of applications for United States Government fi- nancial assistance by whichever of the 3 airports is most in need of increasing airside capacity. (Added Pub. L. 105–102, § 2(26), Nov. 20, 1997, 111 Stat. 2210; amended Pub. L. 105–154, § 2(a)(1)(D), Feb. 6, 1998, 112 Stat. 3.)