-CITE-

49 USC CHAPTER 491 - METROPOLITAN WASHINGTON AIRPORTS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART D - PUBLIC AIRPORTS

CHAPTER 491 - METROPOLITAN WASHINGTON AIRPORTS

-HEAD-

CHAPTER 491 - METROPOLITAN WASHINGTON AIRPORTS

-MISC1-

Sec.

49101. Findings.

49102. Purpose.

49103. Definitions.

49104. Lease of Metropolitan Washington Airports.

49105. Capital improvements, construction, and

rehabilitation.

49106. Metropolitan Washington Airports Authority.

49107. Federal employees at Metropolitan Washington Airports.

49108. Limitations.

49109. Nonstop flights.

49110. Use of Dulles Airport Access Highway.

49111. Relationship to and effect of other laws.

49112. Separability and effect of judicial order.

-End-

-CITE-

49 USC Sec. 49101 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART D - PUBLIC AIRPORTS

CHAPTER 491 - METROPOLITAN WASHINGTON AIRPORTS

-HEAD-

Sec. 49101. Findings

-STATUTE-

Congress finds that -

(1) the 2 federally owned airports in the metropolitan area of

the District of Columbia constitute an important and growing part

of the commerce, transportation, and economic patterns of

Virginia, the District of Columbia, and the surrounding region;

(2) Baltimore/Washington International Airport, owned and

operated by Maryland, is an air transportation facility that

provides service to the greater Metropolitan Washington region

together with the 2 federally owned airports, and timely

Federal-aid grants to Baltimore/Washington International Airport

will provide additional capacity to meet the growing air traffic

needs and to compete with other airports on a fair basis;

(3) the United States Government has a continuing but limited

interest in the operation of the 2 federally owned airports,

which serve the travel and cargo needs of the entire Metropolitan

Washington region as well as the District of Columbia as the

national seat of government;

(4) operation of the Metropolitan Washington Airports by an

independent local authority will facilitate timely improvements

at both airports to meet the growing demand of interstate air

transportation occasioned by the Airline Deregulation Act of 1978

(Public Law 95-504; 92 Stat. 1705);

(5) all other major air carrier airports in the United States

are operated by public entities at the State, regional, or local

level;

(6) any change in status of the 2 airports must take into

account the interest of nearby communities, the traveling public,

air carriers, general aviation, airport employees, and other

interested groups, as well as the interests of the United States

Government and State governments involved;

(7) in recognition of a perceived limited need for a Federal

role in the management of these airports and the growing local

interest, the Secretary of Transportation has recommended a

transfer of authority from the Federal to the local/State level

that is consistent with the management of major airports

elsewhere in the United States;

(8) an operating authority with representation from local

jurisdictions, similar to authorities at all major airports in

the United States, will improve communications with local

officials and concerned residents regarding noise at the

Metropolitan Washington Airports;

(9) a commission of congressional, State, and local officials

and aviation representatives has recommended to the Secretary

that transfer of the federally owned airports be as a unit to an

independent authority to be created by Virginia and the District

of Columbia; and

(10) the Federal interest in these airports can be provided

through a lease mechanism which provides for local control and

operation.

-SOURCE-

(Added Pub. L. 105-102, Sec. 2(26), Nov. 20, 1997, 111 Stat. 2206.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

49101 (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec. 6002,

100 Stat. 1783-373.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec. 6002,

100 Stat. 3341-376.

--------------------------------------------------------------------

In clause (4), the word "authority" is substituted for "agency"

for consistency in the revised title and with other titles of the

United States Code.

-REFTEXT-

REFERENCES IN TEXT

The Airline Deregulation Act of 1978, referred to in par. (4), is

Pub. L. 95-504, Oct. 24, 1978, 92 Stat. 1705, as amended, which was

classified principally to sections of former Title 49,

Transportation. The Act was substantially repealed by Pub. L.

103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379, the first section

of which enacted subtitles II, III, and V to X of Title 49,

Transportation. For complete classification of this Act to the

Code, see Tables. For disposition of sections of former Title 49,

see Table at the beginning of Title 49.

-MISC2-

PRIOR PROVISIONS

A prior section 49101 was renumbered section 50101 of this title.

-End-

-CITE-

49 USC Sec. 49102 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART D - PUBLIC AIRPORTS

CHAPTER 491 - METROPOLITAN WASHINGTON AIRPORTS

-HEAD-

Sec. 49102. Purpose

-STATUTE-

(a) General. - The purpose of this chapter is to authorize the

transfer of operating responsibility under long-term lease of the 2

Metropolitan Washington Airport properties as a unit, including

access highways and other related facilities, to a properly

constituted independent airport authority created by Virginia and

the District of Columbia, in order to achieve local control,

management, operation, and development of these important

transportation assets.

(b) Inclusion of Baltimore/Washington International Airport Not

Precluded. - This chapter does not prohibit the Airports Authority

and Maryland from making an agreement to make Baltimore/Washington

International Airport part of a regional airports authority,

subject to terms agreed to by the Airports Authority, the Secretary

of Transportation, Virginia, the District of Columbia, and

Maryland.

-SOURCE-

(Added Pub. L. 105-102, Sec. 2(26), Nov. 20, 1997, 111 Stat. 2207.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

49102(a) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6003(a), 100 Stat. 1783-374.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6003(a), 100 Stat. 3341-377.

49102(b) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6003(b), 100 Stat. 1783-374.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6003(b), 100 Stat. 3341-377.

--------------------------------------------------------------------

In subsection (b), the words "and conditions" are omitted as

being included in "terms".

PRIOR PROVISIONS

A prior section 49102 was renumbered section 50102 of this title.

-End-

-CITE-

49 USC Sec. 49103 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART D - PUBLIC AIRPORTS

CHAPTER 491 - METROPOLITAN WASHINGTON AIRPORTS

-HEAD-

Sec. 49103. Definitions

-STATUTE-

In this chapter -

(1) "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.

(2) "employee" means any permanent Federal Aviation

Administration personnel employed by the Metropolitan Washington

Airports on June 7, 1987.

(3) "Metropolitan Washington Airports" means Ronald Reagan

Washington National Airport and Washington Dulles International

Airport.

(4) "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.

(5) "Ronald Reagan Washington National Airport" means the

airport described in the Act of June 29, 1940 (ch. 444, 54 Stat.

686).

-SOURCE-

(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.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

49103 (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec. 6004,

100 Stat. 1783-374.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec. 6004,

100 Stat. 3341-377.

--------------------------------------------------------------------

In this section, the text of section 6004(1) and (5) of the

Metropolitan Washington Airports Act of 1986 (Public 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 Federal Aviation Administration and the

Secretary of Transportation are used the first time those terms

appear in a section.

In clause (1), the words "an organization within the Federal

Aviation Administration" are omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

Act of September 7, 1950, ch. 905, 64 Stat. 770, referred to in

par. (4), was classified to subchapter II (Sec. 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 (Sec. 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.

-MISC2-

PRIOR PROVISIONS

A prior section 49103 was renumbered section 50103 of this title.

AMENDMENTS

1998 - Pars. (3), (5). Pub. L. 105-154 substituted "Ronald Reagan

Washington National Airport" for "Washington National Airport".

-CHANGE-

CHANGE OF NAME

Pub. L. 105-154, Sec. 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, Sec. 2(b), Feb. 6, 1998, 112 Stat. 4, provided

that: "Any reference in a law, map, regulation, document, 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'."

-End-

-CITE-

49 USC Sec. 49104 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART D - PUBLIC AIRPORTS

CHAPTER 491 - METROPOLITAN WASHINGTON AIRPORTS

-HEAD-

Sec. 49104. Lease of Metropolitan Washington Airports

-STATUTE-

(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.

(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.

-SOURCE-

(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; Pub. L. 106-181, title II, Sec. 231(e)(2), Apr. 5, 2000, 114

Stat. 113.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

49104(a) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Secs.

6005(a), (d), 6007(d) (last

sentence), 100 Stat.

1783-375, 1783-376, 1783-380.

Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6005(c), 100 Stat. 1783-376;

Oct. 9, 1996, Pub. L.

104-264, title IX, Sec. 902,

110 Stat. 3274.

Oct. 30, 1986, Pub. L.

99-591, title VI, Secs.

6005(a), (d), 6007(d) (last

sentence), 100 Stat.

3341-378, 3341-379, 3341-383.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6005(c), 100 Stat. 3341-379;

Oct. 9, 1996, Pub. L.

104-264, title IX, Sec. 902,

110 Stat. 3274.

49104(b) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6005(b), 100 Stat. 1783-375.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6005(b), 100 Stat. 3341-378.

49104(c) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6005(e), 100 Stat. 1783-378.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6005(e), 100 Stat. 3341-381.

49104(d) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec. 6010,

100 Stat. 1783-385.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec. 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.

-REFTEXT-

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.

-MISC2-

PRIOR PROVISIONS

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

AMENDMENTS

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.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 41714, 41718, 49106 of

this title.

-End-

-CITE-

49 USC Sec. 49105 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART D - PUBLIC AIRPORTS

CHAPTER 491 - METROPOLITAN WASHINGTON AIRPORTS

-HEAD-

Sec. 49105. Capital improvements, construction, and rehabilitation

-STATUTE-

(a) Sense of Congress. - It is the sense of Congress that the

Metropolitan Washington Airports Authority -

(1) should pursue the improvement, construction, and

rehabilitation of the facilities at Washington Dulles

International Airport and Ronald Reagan Washington National

Airport simultaneously; and

(2) to the extent practicable, should cause the improvement,

construction, and rehabilitation proposed by the Secretary of

Transportation 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 financial assistance by whichever of the 3

airports is most in need of increasing airside capacity.

-SOURCE-

(Added Pub. L. 105-102, Sec. 2(26), Nov. 20, 1997, 111 Stat. 2210;

amended Pub. L. 105-154, Sec. 2(a)(1)(D), Feb. 6, 1998, 112 Stat.

3.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

49105(a) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6006(a), 100 Stat. 1783-378.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6006(a), 100 Stat. 3341-381.

49105(b) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6006(b), 100 Stat. 1783-379.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6006(b), 100 Stat. 3341-382.

--------------------------------------------------------------------

PRIOR PROVISIONS

A prior section 49105 was renumbered section 50105 of this title.

AMENDMENTS

1998 - Subsec. (a)(1), (2). Pub. L. 105-154 substituted "Ronald

Reagan Washington National Airport" for "Washington National

Airport".

-End-

-CITE-

49 USC Sec. 49106 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART D - PUBLIC AIRPORTS

CHAPTER 491 - METROPOLITAN WASHINGTON AIRPORTS

-HEAD-

Sec. 49106. Metropolitan Washington Airports Authority

-STATUTE-

(a) Status. - The Metropolitan Washington Airports Authority

shall be -

(1) a public body corporate and politic with the powers and

jurisdiction -

(A) conferred upon it jointly by the legislative authority of

Virginia and the District of Columbia or by either of them and

concurred in by the legislative authority of the other

jurisdiction; and

(B) that at least meet the specifications of this section and

section 49108 of this title;

(2) independent of Virginia and its local governments, the

District of Columbia, and the United States Government; and

(3) a political subdivision constituted only to operate and

improve the Metropolitan Washington Airports as primary airports

serving the Metropolitan Washington area.

(b) General Authority. - (1) The Airports Authority shall be

authorized -

(A) to acquire, maintain, improve, operate, protect, and

promote the Metropolitan Washington Airports for public purposes;

(B) to issue bonds from time to time in its discretion for

public purposes, including paying any part of the cost of airport

improvements, construction, and rehabilitation and the

acquisition of real and personal property, including operating

equipment for the airports;

(C) to acquire real and personal property by purchase, lease,

transfer, or exchange;

(D) to exercise the powers of eminent domain in Virginia that

are conferred on it by Virginia;

(E) to levy fees or other charges; and

(F) to make and maintain agreements with employee organizations

to the extent that the Federal Aviation Administration was

authorized to do so on October 18, 1986.

(2) Bonds issued under paragraph (1)(B) of this subsection -

(A) are not a debt of Virginia, the District of Columbia, or a

political subdivision of Virginia or the District of Columbia;

and

(B) may be secured by the Airports Authority's revenues

generally, or exclusively from the income and revenues of certain

designated projects whether or not any part of the projects are

financed from the proceeds of the bonds.

(c) Board of Directors. - (1) The Airports Authority shall be

governed by a board of directors composed of the following 13

members:

(A) 5 members appointed by the Governor of Virginia;

(B) 3 members appointed by the Mayor of the District of

Columbia;

(C) 2 members appointed by the Governor of Maryland; and

(D) 3 members appointed by the President with the advice and

consent of the Senate.

(2) The chairman of the board shall be appointed from among the

members by majority vote of the members and shall serve until

replaced by majority vote of the members.

(3) Members of the board shall be appointed to the board for 6

years, except that of the members first appointed by the President

after October 9, 1996, one shall be appointed for 4 years. A member

may serve after the expiration of that member's term until a

successor has taken office.

(4) A member of the board -

(A) may not hold elective or appointive political office;

(B) serves without compensation except for reasonable expenses

incident to board functions; and

(C) must reside within the Washington Standard Metropolitan

Statistical Area, except that a member of the board appointed by

the President must be a registered voter of a State other than

Maryland, Virginia, or the District of Columbia.

(5) A vacancy in the board shall be filled in the manner in which

the original appointment was made. A member appointed to fill a

vacancy occurring before the expiration of the term for which the

member's predecessor was appointed shall be appointed only for the

remainder of that term.

(6)(A) Not more than 2 of the members of the board appointed by

the President may be of the same political party.

(B) In carrying out their duties on the board, members appointed

by the President shall ensure that adequate consideration is given

to the national interest.

(C) A member appointed by the President may be removed by the

President for cause.

(7) Eight votes are required to approve bond issues and the

annual budget.

(d) Conflicts of Interest. - Members of the board and their

immediate families may not be employed by or otherwise hold a

substantial financial interest in any enterprise that has or is

seeking a contract or agreement with the Airports Authority or is

an aeronautical, aviation services, or airport services enterprise

that otherwise has interests that can be directly affected by the

Airports Authority. The official appointing a member may make an

exception if the financial interest is completely disclosed when

the member is appointed and the member does not participate in

board decisions that directly affect the interest.

(e) Certain Actions To Be Taken by Regulation. - An action of the

Airports Authority changing, or having the effect of changing, the

hours of operation of, or the type of aircraft serving, either of

the Metropolitan Washington Airports may be taken only by

regulation of the Airports Authority.

(f) Administrative. - To assist the Secretary in carrying out

this chapter, the Secretary may hire 2 staff individuals to be paid

by the Airports Authority. The Airports Authority shall provide

clerical and support staff that the Secretary may require.

(g) Review of Contracting Procedures. - The Comptroller General

shall review contracts of the Airports Authority to decide whether

the contracts were awarded by procedures that follow sound

Government contracting principles and comply with section

49104(a)(4) of this title. The Comptroller General shall submit

periodic reports of the conclusions reached as a result of the

review to the Committee on Transportation and Infrastructure of the

House of Representatives and the Committee on Commerce, Science,

and Transportation of the Senate.

-SOURCE-

(Added Pub. L. 105-102, Sec. 2(26), Nov. 20, 1997, 111 Stat. 2210;

amended Pub. L. 105-225, Sec. 7(c)(1)(A), (B), Aug. 12, 1998, 112

Stat. 1511; Pub. L. 106-181, title II, Sec. 231(i), Apr. 5, 2000,

114 Stat. 115.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

49106(a) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6007(a), (b), 100 Stat.

1783-379.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6007(a), (b), 100 Stat.

3341-382.

49106(b) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6007(c), 100 Stat. 1783-379.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6007(c), 100 Stat. 3341-382.

49106(c) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6007(e), 100 Stat. 1783-380;

Oct. 9, 1996, Pub. L.

104-264, title IX, Sec. 903,

110 Stat. 3275.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6007(e), 100 Stat. 3341-383;

Oct. 9, 1996, Pub. L.

104-264, title IX, Sec. 903,

110 Stat. 3275.

49106(d) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6007(d) (1st, 2d sentences),

100 Stat. 1783-379.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6007(d) (1st, 2d sentences),

100 Stat. 3341-382.

49106(e) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6007(f), 100 Stat. 1783-382;

Oct. 9, 1996, Pub. L.

104-264, title IX, Sec.

904(a), 110 Stat. 3276.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6007(f), 100 Stat. 3341-385;

Oct. 9, 1996, Pub. L.

104-264, title IX, Sec.

904(a), 110 Stat. 3276.

49106(f) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6007(h), 100 Stat. 1783-382;

Dec. 18, 1991, Pub. L.

102-240, title VII, Sec.

7002(e), 105 Stat. 2200;

Oct. 9, 1996, Pub. L.

104-264, title IX, Sec.

904(b), 110 Stat. 3276.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6007(h), 100 Stat. 3341-385;

Dec. 18, 1991, Pub. L.

102-240, title VII, Sec.

7002(e), 105 Stat. 2200;

Oct. 9, 1996, Pub. L.

104-264, title IX, Sec.

904(b), 110 Stat. 3276.

49106(g) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6007(g), as added Dec. 18,

1991, Pub. L. 102-240, title

VII, Sec. 7002(h), 105 Stat.

2202; Oct. 9, 1996, Pub. L.

104-264, title IX, Sec.

904(a), 110 Stat. 3276.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6007(g), as added Dec. 18,

1991, Pub. L. 102-240, title

VII, Sec. 7002(h), 105 Stat.

2202; Oct. 9, 1996, Pub. L.

104-264, title IX, Sec.

904(a), 110 Stat. 3276.

--------------------------------------------------------------------

In subsection (b)(2)(A), the words "Virginia, the District of

Columbia" are substituted for "either jurisdiction" for clarity.

In subsection (c)(6)(C), the words "the limitations described in"

are omitted as unnecessary. The word "until" is substituted for

"for the period beginning on October 1, 1997, and ending on the

first day on which" to eliminate unnecessary words.

In subsection (d), the words "The Airports Authority shall be

subject to a conflict-of-interest provision providing that" are

omitted as surplus.

In subsection (g), the words "Committee on Transportation and

Infrastructure" are substituted for "Committee on Public Works and

Transportation" because of the amendment of clause 1(q) of Rule X

of the Rules of the House of Representatives by section 202(a) of

H. Res. 6, approved January 4, 1995.

AMENDMENTS

2000 - Subsec. (c)(6)(C), (D). Pub. L. 106-181 redesignated

subpar. (D) as (C) and struck out former subpar. (C) which read as

follows: "The members to be appointed under paragraph (1)(D) of

this subsection must be appointed before October 1, 1997. If the

deadline is not met, the Secretary of Transportation and the

Airports Authority are subject to the limitations of section 49108

of this title until all members referred to in paragraph (1)(D) are

appointed."

1998 - Subsec. (b)(1)(F). Pub. L. 105-225, Sec. 7(c)(1)(A),

substituted "1986" for "1996".

Subsec. (c)(3). Pub. L. 105-225, Sec. 7(c)(1)(B), substituted "to

the board" for "by the board".

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.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-225, Sec. 7(c)(3), Aug. 12, 1998, 112 Stat. 1512,

provided that: "The amendments made by this subsection [amending

this section and sections 49107 and 49111 of this title and

provisions set out as a note preceding section 101 of this title]

are effective as of November 20, 1997."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 49103, 49104 of this

title.

-End-

-CITE-

49 USC Sec. 49107 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART D - PUBLIC AIRPORTS

CHAPTER 491 - METROPOLITAN WASHINGTON AIRPORTS

-HEAD-

Sec. 49107. Federal employees at Metropolitan Washington Airports

-STATUTE-

(a) Labor Agreements. - (1) The Metropolitan Washington Airports

Authority shall adopt all labor agreements that were in effect on

June 7, 1987. Unless the parties otherwise agree, the agreements

must be renegotiated before June 7, 1992.

(2) Employee protection arrangements made under this section

shall ensure, during the 50-year lease term, the continuation of

all collective bargaining rights enjoyed by transferred employees

retained by the Airports Authority.

(b) Civil Service Retirement. - Any Federal employee who

transferred to the Airports Authority and who on June 6, 1987, was

subject to subchapter III of chapter 83 or chapter 84 of title 5,

is subject to subchapter III of chapter 83 or chapter 84 for so

long as continually employed by the Airports Authority without a

break in service. For purposes of subchapter III of chapter 83 and

chapter 84, employment by the Airports Authority without a break in

continuity of service is deemed to be employment by the United

States Government. The Airports Authority is the employing agency

for purposes of subchapter III of chapter 83 and chapter 84 and

shall contribute to the Civil Service Retirement and Disability

Fund amounts required by subchapter III of chapter 83 and chapter

84.

(c) Access to Records. - The Airports Authority shall allow

representatives of the Secretary of Transportation adequate access

to employees and employee records of the Airports Authority when

needed to carry out a duty or power related to the period before

June 7, 1987. The Secretary shall provide the Airports Authority

access to employee records of transferring employees for

appropriate purposes.

-SOURCE-

(Added Pub. L. 105-102, Sec. 2(26), Nov. 20, 1997, 111 Stat. 2212;

amended Pub. L. 105-225, Sec. 7(c)(1)(C), Aug. 12, 1998, 112 Stat.

1511.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

49107(a) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6008(a)-(d), (f), 100 Stat.

1783-382, 1783-383.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6008(a)-(d), (f), 100 Stat.

3341-385, 3341-387.

49107(b) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6008(e), 100 Stat. 1783-383.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6008(e), 100 Stat. 3341-386.

49107(c) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6008(g), 100 Stat. 1783-384.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6008(g), 100 Stat. 3341-387.

--------------------------------------------------------------------

In subsection (a)(1), the text of section 6008(a), (b)(2d and

last sentences), (c), (d), and (f) of the Metropolitan Washington

Airports Act of 1986 (Public Law 99-500, 100 Stat, 1783-382,

1783-383, Public Law 99-591, 100 Stat. 3341-385, 3341-386,

3341-387) is omitted as obsolete.

In subsection (c), the words "duty or power" are substituted for

"functions" for consistency in the revised title and with other

titles of the United States Code.

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-225 substituted "is subject to

subchapter III" for "is subject to subchapter II".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-225 effective Nov. 20, 1997, see section

7(c)(3) of Pub. L. 105-225, set out as a note under section 49106

of this title.

RETIREMENT PROVISIONS RELATING TO CERTAIN MEMBERS OF POLICE FORCE

OF METROPOLITAN WASHINGTON AIRPORTS AUTHORITY

Pub. L. 106-554, Sec. 1(a)(3) [title VI, Sec. 636], Dec. 21,

2000, 114 Stat. 2763, 2763A-164, provided that:

"(a) Qualified MWAA Police Officer Defined. - For purposes of

this section, the term 'qualified MWAA police officer' means any

individual who, as of the date of the enactment of this Act [Dec.

21, 2000] -

"(1) is employed as a member of the police force of the

Metropolitan Washington Airports Authority (hereafter in this

section referred to as an 'MWAA police officer'); and

"(2) is subject to the Civil Service Retirement System or the

Federal Employees' Retirement System by virtue of section

49107(b) of title 49, United States Code.

"(b) Eligibility To Be Treated as a Law Enforcement Officer for

Retirement Purposes. -

"(1) In general. - Any qualified MWAA police officer may, by

written election submitted in accordance with applicable

requirements under subsection (c), elect to be treated as a law

enforcement officer (within the meaning of section 8331 or 8401

of title 5, United States Code, as applicable), and to have all

prior service described in paragraph (2) similarly treated.

"(2) Prior service described. - The service described in this

paragraph is all service which an individual performed, prior to

the effective date of such individual's election under this

section, as -

"(A) an MWAA police officer; or

"(B) a member of the police force of the Federal Aviation

Administration (hereafter in this section referred to as an

'FAA police officer').

"(c) Regulations. - The Office of Personnel Management shall

prescribe any regulations necessary to carry out this section,

including provisions relating to the time, form, and manner in

which any election under this section shall be made. Such an

election shall not be effective unless -

"(1) it is made before the employee separates from service with

the Metropolitan Washington Airports Authority, but in no event

later than 1 year after the regulations under this subsection

take effect; and

"(2) it is accompanied by payment of an amount equal to, with

respect to all prior service of such employee which is described

in subsection (b)(2) -

"(A) the employee deductions that would have been required

for such service under chapter 83 or 84 of title 5, U.S.C. (as

the case may be) if such election had then been in effect,

minus

"(B) the total employee deductions and contributions under

such chapter 83 and 84 (as applicable) that were actually made

for such service,

taking into account only amounts required to be credited to the

Civil Service Retirement and Disability Fund. Any amount under

paragraph (2) shall be computed with interest, in accordance with

section 8334(e) of such title 5.

"(d) Government Contributions. - Whenever a payment under

subsection (c)(2) is made by an individual with respect to such

individual's prior service (as described in subsection (b)(2)), the

Metropolitan Washington Airports Authority shall pay into the Civil

Service Retirement and Disability Fund any additional contributions

for which it would have been liable, with respect to such service,

if such individual's election under this section had then been in

effect (and, to the extent of any prior FAA police officer service,

as if it had then been the employing agency). Any amount under this

subsection shall be computed with interest, in accordance with

section 8334(e) of title 5, United States Code.

"(e) Certifications. - The Office of Personnel Management shall

accept, for the purpose of this section, the certification of -

"(1) the Metropolitan Washington Airports Authority (or its

designee) concerning any service performed by an individual as an

MWAA police officer; and

"(2) the Federal Aviation Administration (or its designee)

concerning any service performed by an individual as an FAA

police officer.

"(f) Reimbursement To Compensate for Unfunded Liability. -

"(1) In general. - The Metropolitan Washington Airports

Authority shall pay into the Civil Service Retirement and

Disability Fund an amount (as determined by the Director of the

Office of Personnel Management) equal to the amount necessary to

reimburse the Fund for any estimated increase in the unfunded

liability of the Fund (to the extent the Civil Service Retirement

System is involved), and for any estimated increase in the

supplemental liability of the Fund (to the extent the Federal

Employees' Retirement System is involved), resulting from the

enactment of this section.

"(2) Payment method. - The Metropolitan Washington Airports

Authority shall pay the amount so determined in five equal annual

installments, with interest (which shall be computed at the rate

used in the most recent valuation of the Federal Employees'

Retirement System)."

-End-

-CITE-

49 USC Sec. 49108 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART D - PUBLIC AIRPORTS

CHAPTER 491 - METROPOLITAN WASHINGTON AIRPORTS

-HEAD-

Sec. 49108. Limitations

-STATUTE-

After October 1, 2004, the Secretary of Transportation may not

approve an application of the Metropolitan Washington Airports

Authority -

(1) for an airport development project grant under subchapter I

of chapter 471 of this title; or

(2) to impose a passenger facility fee under section 40117 of

this title.

-SOURCE-

(Added Pub. L. 105-102, Sec. 2(26), Nov. 20, 1997, 111 Stat. 2213;

amended Pub. L. 106-181, title II, Sec. 231(h), Apr. 5, 2000, 114

Stat. 115.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

49108 (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6007(i), as added Oct. 9,

1996, Pub. L. 104-264, title

IX, Sec. 905, 110 Stat. 3276.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6007(i), as added Oct. 9,

1996, Pub. L. 104-264, title

IX, Sec. 905, 110 Stat. 3276.

--------------------------------------------------------------------

AMENDMENTS

2000 - Pub. L. 106-181 substituted "2004" for "2001" in

introductory provisions.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 49106, 49112 of this

title.

-End-

-CITE-

49 USC Sec. 49109 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART D - PUBLIC AIRPORTS

CHAPTER 491 - METROPOLITAN WASHINGTON AIRPORTS

-HEAD-

Sec. 49109. Nonstop flights

-STATUTE-

An air carrier may not operate an aircraft nonstop in air

transportation between Ronald Reagan Washington National Airport

and another airport that is more than 1,250 statute miles away from

Ronald Reagan Washington National Airport.

-SOURCE-

(Added Pub. L. 105-102, Sec. 2(26), Nov. 20, 1997, 111 Stat. 2213;

amended Pub. L. 105-154, Sec. 2(a)(1)(D), Feb. 6, 1998, 112 Stat.

3.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

49109 (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec. 6012,

100 Stat. 1783-385.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec. 6012,

100 Stat. 3341-388.

--------------------------------------------------------------------

AMENDMENTS

1998 - Pub. L. 105-154 substituted "Ronald Reagan Washington

National Airport" for "Washington National Airport" in two places.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 41718 of this title.

-End-

-CITE-

49 USC Sec. 49110 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART D - PUBLIC AIRPORTS

CHAPTER 491 - METROPOLITAN WASHINGTON AIRPORTS

-HEAD-

Sec. 49110. Use of Dulles Airport Access Highway

-STATUTE-

The Metropolitan Washington Airports Authority shall continue in

effect and enforce section 4.2(1) and (2) of the Metropolitan

Washington Airports Regulations, as in effect on February 1, 1995.

The district courts of the United States have jurisdiction to

compel the Airports Authority and its officers and employees to

comply with this section. The Attorney General or an aggrieved

party may bring an action on behalf of the United States

Government.

-SOURCE-

(Added Pub. L. 105-102, Sec. 2(26), Nov. 20, 1997, 111 Stat. 2213.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

49110 (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec. 6013,

as added Oct. 9, 1996, Pub.

L. 104-264, title IX, Sec.

906, 110 Stat. 3277.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec. 6013,

as added Oct. 9, 1996, Pub.

L. 104-264, title IX, Sec.

906, 110 Stat. 3277.

--------------------------------------------------------------------

The words "Except as provided by subsection (b)" and "the

requirements of" are omitted as unnecessary.

-End-

-CITE-

49 USC Sec. 49111 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART D - PUBLIC AIRPORTS

CHAPTER 491 - METROPOLITAN WASHINGTON AIRPORTS

-HEAD-

Sec. 49111. Relationship to and effect of other laws

-STATUTE-

(a) Same Powers and Restrictions Under Other Laws. - To ensure

that the Metropolitan Washington Airports Authority has the same

proprietary powers and is subject to the same restrictions under

United States law as any other airport except as otherwise provided

in this chapter, during the period that the lease authorized by

section 6005 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 in effect -

(1) the Metropolitan Washington Airports are deemed to be

public airports for purposes of chapter 471 of this title; and

(2) the Act of June 29, 1940 (ch. 444, 54 Stat. 686), the First

Supplemental Civil Functions Appropriations Act, 1941 (ch. 780,

54 Stat. 1030), and the Act of September 7, 1950 (ch. 905, 64

Stat. 770), do not apply to the operation of the Metropolitan

Washington Airports, and the Secretary of Transportation is

relieved of all responsibility under those Acts.

(b) Inapplicability of Certain Laws. - The Metropolitan

Washington Airports and the Airports Authority are not subject to

the requirements of any law solely by reason of the retention by

the United States Government of the fee simple title to those

airports.

(c) Police Power. - Virginia shall have concurrent police power

authority over the Metropolitan Washington Airports, and the courts

of Virginia may exercise jurisdiction over Ronald Reagan Washington

National Airport.

(d) Planning. - (1) The authority of the National Capital

Planning Commission under section 8722 of title 40 does not apply

to the Airports Authority.

(2) The Airports Authority shall consult with -

(A) the Commission and the Advisory Council on Historic

Preservation before undertaking any major alterations to the

exterior of the main terminal at Washington Dulles International

Airport; and

(B) the Commission before undertaking development that would

alter the skyline of Ronald Reagan Washington National Airport

when viewed from the opposing shoreline of the Potomac River or

from the George Washington Parkway.

-SOURCE-

(Added Pub. L. 105-102, Sec. 2(26), Nov. 20, 1997, 111 Stat. 2213;

amended Pub. L. 105-154, Sec. 2(a)(1)(D), Feb. 6, 1998, 112 Stat.

3; Pub. L. 105-225, Sec. 7(c)(1)(D), Aug. 12, 1998, 112 Stat. 1511;

Pub. L. 106-181, title II, Sec. 231(j)(1), Apr. 5, 2000, 114 Stat.

115; Pub. L. 107-217, Sec. 3(n)(9), Aug. 21, 2002, 116 Stat. 1303.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

49111(a) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6009(a), 100 Stat. 1783-384.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6009(a), 100 Stat. 3341-387.

49111(b) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6009(b), 100 Stat. 1783-384;

Oct. 9, 1996, Pub. L.

104-264, title IX, Sec.

904(c)(1), 110 Stat. 3276.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6009(b), 100 Stat. 3341-387;

Oct. 9, 1996, Pub. L.

104-264, title IX, Sec.

904(c)(1), 110 Stat. 3276.

49111(c) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6009(c), 100 Stat. 1783-384.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6009(c), 100 Stat. 3341-387.

49111(d) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6009(d), 100 Stat. 1783-384.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6009(d), 100 Stat. 3341-387.

49111(e) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec.

6009(e), 100 Stat. 1783-384.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec.

6009(e), 100 Stat. 3341-388.

--------------------------------------------------------------------

In subsection (a)(1), the word "deemed" is substituted for

"considered" for consistency in the revised title and with other

titles of the United States Code.

In subsection (e), the text of section 6009(e)(2) of the

Metropolitan Washington Airports Act of 1986 (Public Law 99-500,

100 Stat. 1783-385, Public Law 99-591, 100 Stat. 3341-388) is

omitted as executed.

-REFTEXT-

REFERENCES IN TEXT

Section 6005 of the Metropolitan Washington Airports Act of 1986,

referred to in subsec. (a), is section 6005 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 of former Title 49, Transportation, and was

repealed and reenacted as this section by Pub. L. 105-102, Secs.

2(26), 5(b), Nov. 20, 1997, 111 Stat. 2205, 2217.

Act of June 29, 1940, ch. 444, 54 Stat. 686, referred to in

subsec. (a)(2), was classified to subchapter I (Sec. 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.

The First Supplemental Civil Functions Appropriations Act, 1941,

referred to in subsec. (a)(2), is act Oct. 9, 1940, ch. 780, 54

Stat. 1030. For complete classification of this Act to the Code,

see Tables.

Act of September 7, 1950, ch. 905, 64 Stat. 770, referred to in

subsec. (a)(2), was classified to subchapter II (Sec. 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.

-MISC2-

AMENDMENTS

2002 - Subsec. (d)(1). Pub. L. 107-217 substituted "section 8722

of title 40" for "section 5 of the Act of June 6, 1924 (40 U.S.C.

71d),".

2000 - Subsec. (e). Pub. L. 106-181 struck out heading and text

of subsec. (e). Text read as follows: "The Administrator of the

Federal Aviation Administration may not increase the number of

instrument flight rule takeoffs and landings authorized for air

carriers by the High Density Rule (14 CFR 93.121 et seq.) at Ronald

Reagan Washington National Airport on October 18, 1986, and may not

decrease the number of those takeoffs and landings except for

reasons of safety."

1998 - Subsec. (b). Pub. L. 105-225 substituted "retention by"

for "retention of".

Subsecs. (c), (d)(2)(B), (e). Pub. L. 105-154 substituted "Ronald

Reagan Washington National Airport" for "Washington National

Airport".

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.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-225 effective Nov. 20, 1997, see section

7(c)(3) of Pub. L. 105-225, set out as a note under section 49106

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 41714, 41718 of this

title.

-End-

-CITE-

49 USC Sec. 49112 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART D - PUBLIC AIRPORTS

CHAPTER 491 - METROPOLITAN WASHINGTON AIRPORTS

-HEAD-

Sec. 49112. Separability and effect of judicial order

-STATUTE-

(a) Separability. - If any provision of this chapter, or the

application of a provision of this chapter to a person or

circumstance, is held invalid, the remainder of this chapter and

the application of the provision to other persons or circumstances

is not affected.

(b) Effect of Judicial Order. - (1) If any provision of the

Metropolitan Washington Airports Amendments Act of 1996 (title IX

of Public Law 104-264; 110 Stat. 3274) or the amendments made by

the Act, or the application of that provision to a person,

circumstance, or venue, is held invalid by a judicial order, the

Secretary of Transportation and the Metropolitan Washington

Airports Authority shall be subject to section 49108 of this title

from the day after the day the order is issued.

(2) Any action of the Airports Authority that was required to be

submitted to the Board of Review under section 6007(f)(4) of the

Metropolitan Washington Airports Act of 1986 (Public Law 99-500;

100 Stat. 1783-380; Public Law 99-599; 100 Stat. 3341-383) before

October 9, 1996, remains in effect and may not be set aside only

because of a judicial order invalidating certain functions of the

Board.

-SOURCE-

(Added Pub. L. 105-102, Sec. 2(26), Nov. 20, 1997, 111 Stat. 2214.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

49112(a) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec. 6011,

100 Stat. 1783-385; Oct. 9,

1996, Pub. L. 104-264, title

IX, Sec. 904(c)(2), 110

Stat. 3276.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec. 6011,

100 Stat. 3341-388; Oct. 9,

1996, Pub. L. 104-264, title

IX, Sec. 904(c)(2), 110

Stat. 3276.

49112(b)(1) (uncodified). Oct. 18, 1986, Pub. L.

99-500, title VI, Sec. 6014,

as added Oct. 9, 1996, Pub.

L. 104-264, title IX, Sec.

907, 110 Stat. 3277.

Oct. 30, 1986, Pub. L.

99-591, title VI, Sec. 6014,

as added Oct. 9, 1996, Pub.

L. 104-264, title IX, Sec.

907, 110 Stat. 3277.

49112(b)(2) (uncodified). Oct. 9, 1996, Pub. L.

104-264, title IX, Sec.

904(d), 110 Stat. 3276.

--------------------------------------------------------------------

In subsection (a), the word "thereby" is omitted as surplus.

In subsection (b)(1), the words "the limitations described in"

are omitted as unnecessary.

-REFTEXT-

REFERENCES IN TEXT

The Metropolitan Washington Airports Amendments Act of 1996,

referred to in subsec. (b)(1), is title IX of Pub. L. 104-264, Oct.

9, 1996, 110 Stat. 3274, which amended the Metropolitan Washington

Airports Act of 1986, title VI of Pub. L. 99-500, Oct. 18, 1986,

100 Stat. 1783-373, and title VI of Pub. L. 99-591, Oct. 30, 1986,

100 Stat. 3341-376, as amended. The Metropolitan Washington

Airports Act of 1986 was classified generally to subchapter III

(Sec. 2451 et seq.) of chapter 33 of former Title 49,

Transportation, and was repealed and reenacted as this chapter by

Pub. L. 105-102, Secs. 2(26), 5(b), Nov. 20, 1997, 111 Stat. 2205,

2217.

Section 6007(f)(4) of the Metropolitan Washington Airports Act of

1986, referred to in subsec. (b)(2), is section 6007(f)(4) of Pub.

L. 99-500, title VI, Oct. 18, 1986, 100 Stat. 1783-379, and Pub. L.

99-591, title VI, Oct. 30, 1986, 100 Stat. 3341-382, which related

to a Board of Review and was classified to section 2456(f)(4) of

former Title 49, Transportation. Subsec. (f) of section 6007 was

repealed and subsec. (g) redesignated (f) by Pub. L. 104-264, title

IX, Sec. 904(a), Oct. 9, 1996, 110 Stat. 3276. Section 6007 was

subsequently repealed and reenacted as section 49106 of Title 49,

Transportation, by Pub. L. 105-102, Secs. 2(26), 5(b), Nov. 20,

1997, 111 Stat. 2205, 2217, and does not contain provisions

relating to a Board of Review.

-End-

-CITE-

49 USC PART E - MISCELLANEOUS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART E - MISCELLANEOUS

-HEAD-

PART E - MISCELLANEOUS

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-287, Sec. 5(88)(A), Oct. 11, 1996, 110 Stat.

3398, redesignated part D of this subtitle as this part.

-End-