Title 49 — TransportationRelease 119-73
§49104 Lease of Metropolitan Washington Airports
Title 49 › Subtitle SUBTITLE VII— - AVIATION PROGRAMS › Part PART D— - PUBLIC AIRPORTS › Chapter CHAPTER 491— - METROPOLITAN WASHINGTON AIRPORTS › § 49104
Summary
The lease lasts 50 years and makes the Airports Authority run, maintain, protect, promote, and grow the two Metropolitan Washington airports as one set of main airports for the area. Airport land must be used only for “airport purposes” — meaning aviation businesses and activities, things that serve passengers or cargo, nonprofit public facilities that don’t conflict with aviation, or other airport-friendly businesses approved by the Secretary. If part of the property is used for something else, the Secretary can order it fixed and can take the property back if the Authority does not correct it. All airport revenues must be spent on airport capital and operating costs. Big purchases over $200,000 and concession awards should use open competition when possible, though the Authority can approve exceptions by a 7-member vote. Federal rules in 14 CFR part 159 became the Authority’s rules as of June 7, 1987, except two specific sections, and the Authority may not change the number of instrument-flight takeoffs and landings at Ronald Reagan Washington National Airport that were allowed on October 18, 1986, nor limit passenger counts there (except to allow increases needed for Secretary-approved exemptions). The Authority takes on the airports’ rights and obligations as of June 7, 1987, with existing government contract dispute rules and certain claim rules preserved, and must keep collective bargaining rights. The Comptroller General may audit the Authority. The Authority must create a code of ethics and financial disclosure rules. Landing fees or parking revenue from one airport cannot be used to pay maintenance or operating costs at the other airport (debt service, depreciation, and amortization are allowed). Fees for general aviation landings must be set like air carrier fees, but the Authority may set a minimum fee not higher than the fee for aircraft weighing 12,500 pounds. Each year the Authority must pay the U.S. Treasury an amount that equals $3,000,000 in 1987 dollars for 1987–2026, and $15,000,000 in 2027 dollars for 2027 and later years. The Secretary and the Authority must renegotiate the payment level at least once every 10 years to make sure the yearly amount is not less than $15,000,000 in 2027 dollars. Federal courts can force the Authority to follow the lease, and the Attorney General or an aggrieved party may sue for the Government. The Secretary and the Authority may negotiate a lease extension at any time.
Full Legal Text
Title 49, §49104
Transportation — Source: USLM XML via OLRC
(a)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) 11 See References in Text note below. 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)section 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)(1)Subject to paragraph (2), under the lease, the Airports Authority must pay to the general fund of the Treasury annually an amount, computed using the GNP Price Deflator—
(A)during the period from 1987 to 2026, equal to $3,000,000 in 1987 dollars; and
(B)for 2027 and subsequent years, equal to $15,000,000 in 2027 dollars.
(2)The Secretary and the Airports Authority shall renegotiate the level of lease payments at least once every 10 years to ensure that in no year the amount specified in paragraph (1)(B) is less than $15,000,000 in 2027 dollars.
(c)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)The Secretary and the Airports Authority may at any time negotiate an extension of the lease.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (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 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 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, §§ 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, 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 section 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 Provisions
A prior section 49104 was renumbered section 50104 of this title.
Amendments
2025—Subsec. (b). Pub. L. 119–21 amended subsec. (b) generally. Prior to amendment, text read as follows: “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.” 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 substituted “Ronald Reagan Washington National Airport” for “Washington National Airport” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date
of 2000 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
49 U.S.C. § 49104
Title 49 — Transportation
Last Updated
Apr 6, 2026
Release point: 119-73