
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 231(e)(2)]
[CITE: 49USC49104]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                         PART D--PUBLIC AIRPORTS
 
              CHAPTER 491--METROPOLITAN WASHINGTON AIRPORTS
 
Sec. 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; or
            (iii) nonprofit, public use facilities that are not 
        inconsistent with the needs of aviation.

        (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) 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, 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.
        (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.

(Added Pub. L. 105-102, Sec. 2(26), Nov. 20, 1997, 111 Stat. 2207; 
amended Pub. L. 105-154, Sec. 2(a)(1)(D), Feb. 6, 1998, 112 Stat. 3.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
49104(a)..............................  (uncodified).                    Oct. 1
8, 1986, Pub. L. 99-500, title
                                                                          VI, S
ecs.  6005(a), (d), 6007(d) (last
                                                                          sente
nce), 100 Stat. 1783-375, 1783-
                                                                          376, 
1783-380.
                                                                         Oct. 1
8, 1986, Pub. L. 99-500, title
                                                                          VI, S
ec.  6005(c), 100 Stat. 1783-376;
                                                                          Oct. 
9, 1996, Pub. L. 104-264, title
                                                                          IX, S
ec.  902, 110 Stat. 3274.
                                                                         Oct. 3
0, 1986, Pub. L. 99-591, title
                                                                          VI, S
ecs.  6005(a), (d), 6007(d) (last
                                                                          sente
nce), 100 Stat. 3341-378, 3341-
                                                                          379, 
3341-383.
                                                                         Oct. 3
0, 1986, Pub. L. 99-591, title
                                                                          VI, S
ec.  6005(c), 100 Stat. 3341-379;
                                                                          Oct. 
9, 1996, Pub. L. 104-264, title
                                                                          IX, S
ec.  902, 110 Stat. 3274.
49104(b)..............................  (uncodified).                    Oct. 1
8, 1986, Pub. L. 99-500, title
                                                                          VI, S
ec.  6005(b), 100 Stat. 1783-375.
                                                                         Oct. 3
0, 1986, Pub. L. 99-591, title
                                                                          VI, S
ec.  6005(b), 100 Stat. 3341-378.
49104(c)..............................  (uncodified).                    Oct. 1
8, 1986, Pub. L. 99-500, title
                                                                          VI, S
ec.  6005(e), 100 Stat. 1783-378.
                                                                         Oct. 3
0, 1986, Pub. L. 99-591, title
                                                                          VI, S
ec.  6005(e), 100 Stat. 3341-381.
49104(d)..............................  (uncodified).                    Oct. 1
8, 1986, Pub. L. 99-500, title
                                                                          VI, S
ec.  6010, 100 Stat. 1783-385.
                                                                         Oct. 3
0, 1986, Pub. L. 99-591, title
                                                                          VI, S
ec.  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 
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.

                       References in Text

    Section 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, 
Secs. 2(26), 5(b), 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, as amended, which was classified principally to chapter 31 
(Sec. 2201 et seq.) of former Title 49, Transportation, and was 
substantially repealed by Pub. L. 103-272, Sec. 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.


                            Prior Provisions

    A prior section 49104 was renumbered section 50104 of this title.


                               Amendments

    1998--Subsec. (a)(5)(C), (9)(A), (B). Pub. L. 105-154 substituted 
``Ronald Reagan Washington National Airport'' for ``Washington National 
Airport'' wherever appearing.

                  Section Referred to in Other Sections

    This section is referred to in sections 41714, 49106 of this title.
