§49104 Lease of Metropolitan Washington Airports

Summary

The lease must make the Metropolitan Washington Airports Authority run, care for, protect, promote, and improve Ronald Reagan Washington National Airport and Washington Dulles International Airport as the main airports for the Washington area for a 50‑year term. Airport land may only be used for airport purposes: aviation businesses, passenger or cargo services, nonprofit public facilities that do not conflict with aviation, or other uses the Secretary approves. If any land is used for something else, the Secretary can order it fixed and can take the land back if the Authority does not comply. All airport revenue must be used for airport capital and operating costs. The Authority must follow certain FAA rules and grant assurances in effect on June 7, 1987, compete for supplies or concessions when purchases exceed $200,000 unless seven board members vote to allow an exception, and adopt most existing Federal Aviation Administration rules from June 7, 1987 (except 14 CFR 159.59(a) and 159.191). The Authority cannot change the number of instrument flight rule takeoffs and landings authorized by the High Density Rule (14 CFR 93.121 et seq.) at Reagan National as of October 18, 1986, and it cannot limit passenger numbers there, except to add takeoffs and landings needed to carry out Secretary‑granted exemptions under section 41718. The Authority takes on the rights, debts, contracts, claims, and lawsuits of the airports as of June 7, 1987, and must help the Department and Justice access records and employees for pre‑1987 matters. Pre‑1987 government contract dispute procedures and pre‑1987 tort claims stay as they were. The FAA must reimburse the Employees’ Compensation Fund for compensation paid after June 7, 1987, for injuries that happened before that date. Employee collective bargaining rights continue. The Comptroller General may audit the Authority. The Authority must create a code of ethics and financial disclosure rules for its board and staff. Landing fees or parking revenue from Dulles cannot be used for Reagan National’s maintenance or operations (and vice versa), except for debt service, depreciation, and amortization. General aviation landing fees must be set like air carrier fees, but a minimum fee no higher than the fee for a 12,500‑pound aircraft is allowed. The lease must also include other terms the Secretary finds consistent with the law. Each year the Authority must pay the U.S. Treasury an amount indexed by the GNP Price Deflator equal to $3,000,000 in 1987 dollars for 1987–2026, and equal to $15,000,000 in 2027 dollars for 2027 and later; the Secretary and Authority must renegotiate the payment level at least every 10 years so the 2027 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 injured party may sue. The Secretary and the Authority may negotiate an extension of the lease at any time.