U.S. Code » Title 49 » Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part PART D— PUBLIC AIRPORTS › Chapter CHAPTER 491— METROPOLITAN WASHINGTON AIRPORTS

49 U.S.C. § 49101

Findings

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

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

49101

(uncodified).

Oct. 18, 1986, Pub. L. 99–500, title VI, § 6002, 100 Stat. 1783–373.

 

 

Oct. 30, 1986, Pub. L. 99–591, title VI, § 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.

Editorial NotesReferences in Text

The Airline Deregulation Act of 1978, referred to in par. (4), is Pub. L. 95–504, Oct. 24, 1978, 92 Stat. 1705, which was classified principally to sections of former Title 49, Transportation. The Act was substantially repealed by Pub. L. 103–272, § 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.

Prior Provisions

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

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1998–2024 · leading case: Kerpen v. Metro. Washington Airports Auth., 260 F. Supp. 3d 567 (E.D. Va. 2017).
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Kerpen v. Metro. Washington Airports Auth., 260 F. Supp. 3d 567 (E.D. Va. 2017). · cites it 6× “Code § 9-902 ; Va. Code § 5.1-153, as were necessary to manage, fund, and develop National and Dulles.”
Phil Kerpen v. Metro. Washington, 907 F.3d 152 (4th Cir. 2018). “3341 (1986), codified as amended at 49 U.S.C. §§ 49101 - 49112. The Act also authorized the transfer of the airports' "access highways and other related facilities," 49 U.”
Gray v. Virginia Sec'y of Trans., 662 S.E.2d 66 (Va. 2008). “See 49 U.S.C. § 49101 et seq. The General Assembly and the City Council of the District of Columbia enacted legislation to establish the MWAA.”
Corr v. Metro. Washington Airports Auth., 702 F.3d 1334 (Fed. Cir. 2012). “A year later, Congress passed the Metropolitan Washington Airports Act of 1986, 49 U.S.C. § 49101 et seq. (“Airports Act”), approving the compact-legislation.”
United States Ex Rel. Blumenthal-Kahn Elec. Ltd. P'ship v. Am. Home Assurance Co., 219 F. Supp. 2d 710 (E.D. Va. 2002). · cites it 3× “The key to answering this question is found in the Metropolitan Washington Airports Authority Act of 1986 (“MWAA Act”), 49 U.S.C. § 49101 et seq, which makes clear that the MWAA is a “political subdivision” that is “independent of Virginia and its local governments, the District…”
Corr v. Metro. Washington Airports Auth., 800 F. Supp. 2d 743 (E.D. Va. 2011). “As approved under the Airports Act, MWAA “shall be a public corporate and politic with the powers and jurisdiction 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…”
John Corr v. Metro. Washington Airports Auth., 740 F.3d 295 (4th Cir. 2014). “3341 -376 (1986) (codified as amended at 49 U.S.C. § 49101 et seq.). The MWAA was, on one hand, formed as an entity independent from Virginia, the District of Columbia, and the United States government.”
Washington-Dulles Transp., Ltd. v. Metro. Washington Airports Auth., 263 F.3d 371 (4th Cir. 2001). · cites it 2× “Recognizing a “continuing but limited” federal interest, 49 U.S.C.A. § 49101 (3), in the operation of the two airports that “can be provided through a lease mechanism which provides for local control and operation,” 49 U.”
Fairchild Corp. v. Metro. Washington Airports Auth., 50 Va. Cir. 127 (Loudoun Cir. Ct. 1999). · cites it 2× “Proceedings for the acquisition of such lands, easements and privileges by condemnation may be instituted and conducted in the name of the Authority in accordance with Title 25 of the Code of Virginia. 1985 Va.”
In Re September 11 Litig., 567 F. Supp. 2d 611 (S.D.N.Y. 2008). “ATSSSA, Section 408(a)(1), 49 U.S.C. § 49101 . This limit, imposed by the ATSSSA, is considerably less than the aggregate of wrongful death, personal injury and property damage claims against these defendants.”
City of Alameda v. Fed. Aviation Admin., 285 F.3d 1143 (9th Cir. 2002). “49 U.S.C. §§ 49101 , et seq. As petitioners here, petitioners in City of Los Angeles relied upon the jurisdictional provision of § 46110(a), located in Part A — Air Commerce and Safety, that provides for direct review by the courts of appeals.”
Metro. Washington Airports Auth. Prof'l Firefighters Local 3217 v. Metro. Washington Airports Auth., 159 F.3d 630 (D.C. Cir. 1998). “49 U.S.C.A. §§ 49101 (7); 49102(a). Congress provided that the continuing federal interest would be vindicated through “a lease mechanism which provides for local control and operation.”
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