Chapter 8. Dulles International Airport.

§ 9–801. Construction and operation of Airport authorized.

The Administrator of the Federal Aviation Agency (hereinafter referred to as the “Administrator”) is hereby authorized and directed to construct, protect, operate, improve, and maintain within or in the vicinity of the District of Columbia, a public airport (including all buildings and other structures necessary or desirable therefor).

(Sept. 7, 1950, 64 Stat. 770, ch. 905, § 1; Aug. 23, 1958, 72 Stat. 807, Pub. L. 85-726, title XIV, § 1402(g).)

Prior Codifications

1981 Ed., § 7-1201.

1973 Ed., § 7-1401.

Transfer of Functions

The functions of the Administrator of the Federal Aviation Agency were transferred to the Secretary of Transportation by § 6(c)(1) of the Act of October 15, 1966, Pub. L. 89-670. The Federal Aviation Agency was abolished and a new Federal Aviation Administration in the Department of Transportation was created by §§ 3(e)(1) and 9(f) of that Act.

Editor's Notes

Metropolitan Washington Airports Authority established: D.C. Law 6-67, effective December 3, 1985, endorsed on behalf of the District government the creation of a regional airport authority to acquire Washington National Airport and Washington Dulles International Airport from the federal government. D.C. Law 6-67 was amended by D.C. Law 7-18, effective July 25, 1987.

D.C. Law 6-67 was amended by D.C. Law 8-179, effective October 2, 1990.

Metropolitan Washington Airports Authority established: D.C. Law 6-67 was amended, on a temporary basis, by § 2 of D.C. Law 9-48.

Section 4(b) of D.C. Law 9-48 provided that the act shall expire on the 225th day of its having taken effect or upon the effective date of the District of Columbia Regional Airports Authority Act of 1985 Amendment Act of 1991, whichever occurs first.

D.C. Law 6-67 was temporarily amended by the District of Columbia Regional Airports Authority Act of 1985 Emergency Amendment Act of 1991 (D.C. Act 9-72, July 24, 1991, 38 DCR 4959) and by § 2 of the District of Columbia Regional Airports Authority Act of 1985 Congressional Recess Emergency Amendment Act of 1992 (D.C. Act 9-275, July 23, 1992, 39 DCR 5849).

D.C. Law 8-179 was temporarily repealed by § 3 of the District of Columbia Regional Airports Authority Act of 1985 Emergency Amendment Act of 1991 (D.C. Act 9-72, July 24, 1991, 38 DCR 4959) and by § 3 of the District of Columbia Regional Airports Authority Act of 1985 Congressional Recess Emergency Amendment Act of 1992 (D.C. Act 9-275, July 23, 1992, 39 DCR 5849).

D.C. Law 6-67 was amended by D.C. Law 9-158, effective September 29, 1992.

D.C. Law 8-179 was repealed, on a temporary basis, by § 3 of D.C. Law 9-48.

D.C. Law 8-179 was repealed by § 3 of D.C. Law 9-158.

Metropolitan Washington Airports Authority established: D.C. Law 6-67 was amended by D.C. Law 12-8, effective August 1, 1997.

Metropolitan Washington Airports Authority established: D.C. Law 6-67 was amended on a temporary basis by § 2 of D.C. Law 12-199.

Section 4(b) of D.C. Law 12-199 provided that the act shall expire after 225 days of its having taken effect.

D.C. Law 6-67 was temporarily amended by § 2 of the Regional Airports Authority Emergency Amendment Act of 1998 (D.C. Act 12-436, July 31, 1998, 45 DCR 5746),§ 2 of the Regional Airports Authority Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-502, November 10, 1998, 45 DCR 8125), and § 2 of the Regional Airports Authority Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-578, January 12, 1999, 46 DCR 964).

§ 9–802. Selection of site.

For the purpose of carrying out this chapter, the Administrator is authorized to acquire, by purchase, lease, condemnation, or otherwise (including transfer with or without compensation from federal agencies or the District of Columbia, or any state or political subdivision thereof), such lands and interests in lands and appurtenances thereto, including avigation easements or airspace rights, as may be necessary or desirable for the construction, maintenance, improvement, operation and protection of the airport; provided, that before making commitments for the acquisition of land, or the transfer of any lands, the Administrator shall consult and advise with the National Capital Planning Commission as to the conformity of the proposed location with the Commission’s comprehensive plan for the National Capital and its environs, and said Commission shall, upon request, submit a report and recommendations thereon within 30 days; provided further, that the choice of site by the Administrator shall be made only after consultation with the governing body in the county in which the airport is to be located, with respect to the suitability of the site to be selected, and its possible impact on the vicinity.

§ 9–803. Acquisition and construction of facilities.

(a) For the purposes of this chapter, the Administrator is empowered to acquire, by purchase, lease, condemnation, or otherwise (including transfer with or without compensation from federal agencies or the District of Columbia, or any state or political subdivision thereof), rights-of-way or easements for roads, trails, pipelines, power lines, railroad spurs, and other similar facilities necessary or desirable for the construction or proper operation of the airport.

(b) The Administrator is authorized to construct any streets, highways, or roadways (including bridges) as may be necessary to provide access to the airport from existing streets, highways, or roadways. Upon completion of construction of any street, highway, or roadway within the District of Columbia, such street, highway, or roadway shall be transferred to the District of Columbia without charge and thereafter shall be maintained by the District of Columbia. Upon construction of any street, highway, or roadway within a state or political subdivision thereof, such street, highway, or roadway may be transferred to such state or political subdivision thereof, without charge, on the condition that such street, highway, or roadway thereafter be maintained as a public street, highway, or roadway by such state or political subdivision thereof.

§ 9–804. Maintenance and operation.

The Administrator shall have control over and responsibility for the care, operation, maintenance, improvements, and protection of the airport, together with the power to make and amend such rules and regulations as he may deem necessary to the proper exercise thereof; provided, that the authority herein contained may be delegated by the Administrator to such official or officials of the Federal Aviation Agency as the Administrator may designate.

§ 9–805. Lease of space or property.

The Administrator is empowered to lease under such conditions as he may deem proper and for such periods as may be desirable space or property within or upon the airport for purposes essential or appropriate to the operation of the airport; provided, that no lease for the use of any hangar or space therein shall extend for a period exceeding 3 years.

§ 9–806. Contracts for supplies and services.

The Administrator is authorized to contract with any person for the furnishing of supplies or performance of services at or upon the airport necessary or desirable for the proper operation of the airport, including but not limited to, contracts for furnishing food and lodging, sale of aviation fuels, furnishing of aircraft repairs and other aeronautical services, and such other services and supplies as may be necessary or desirable for the traveling public. No such contract, not including contracts involving the construction of permanent buildings or facilities, shall extend for a period of longer than 5 years, except the restaurant. The provisions of § 5 of Title 41, United States Code , shall not apply to contracts authorized under this section, to leases authorized under § 9-805 hereof, or to contracts for architectural or engineering services necessary for the design and planning of the airport.

§ 9–807. Transfers of property by federal agencies.

Any executive department, independent establishment, or agency of the federal government or the District of Columbia, for the purposes of carrying out this chapter, is authorized to transfer to the Administrator, without compensation, upon his request, any lands, interests in lands (including avigation easements or airspace rights), buildings, property, or equipment under its control and in excess of its own requirements, which the Administrator may consider necessary or desirable for the construction, care, operation, maintenance, improvement, or protection of the airport.

§ 9–808. Authority to make arrests; Park Police patrol.

(a) The Administrator and any Federal Aviation Agency employee appointed to protect life and property on the airport, when designated by the Administrator, is hereby authorized and empowered:

(1) To arrest under a warrant within the limits of the airport any person accused of having committed within the boundaries of the airport any offense against the laws of the United States, or against any rule or regulation prescribed pursuant to this chapter;

(2) To arrest without warrant any person committing any such offense within the limits of the airport, in his presence; or

(3) To arrest without warrant within the limits of the airport any person whom he has reasonable grounds to believe has committed a felony within the limits of the airport.

(b) Any individual having the power of arrest as provided in subsection (a) of this section may carry firearms or other weapons as the Administrator may direct or by regulation may prescribe.

(c) The United States Park Police may, at the request of the Administrator, be assigned by the Secretary of the Interior, in his discretion, to patrol any area of the airport, and any members of the United States Park Police so assigned are hereby authorized and empowered to make arrests within the limits of the airport for the same offenses and in the same manner and circumstances as are provided in this section with respect to employees designated by the Administrator.

(d) The officer on duty in command of those employees designated by the Administrator as provided in subsection (a) of this section may accept deposit of collateral from any person charged with the violation of any rule or regulation prescribed under this chapter, for appearance in court or before the appropriate United States Magistrate; and such collateral shall be deposited with such United States Magistrate.

§ 9–809. Agreements for municipal services.

The Administrator may enter into agreements with the state, or any political subdivision thereof, in which the airport or any portion thereof is situated, for such state or municipal services as the Administrator shall deem necessary to the proper and efficient operation and protection of the airport, and he may, from time to time, agree to modifications in any such agreement; provided, however, that where the charge for any such service is established by the laws of the state, the Administrator may not pay for such service in excess of the charge so established.

§ 9–810. Penalty.

Any person who knowingly and willfully violates any rule, regulation, or order issued by the Administrator under this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $500 or to imprisonment not exceeding 6 months, or to both such fine and imprisonment.

§ 9–811. Definitions.

Unless the context otherwise requires, the definitions of the words and phrases used in this chapter shall be the definitions assigned to such words and phrases by the Civil Aeronautics Act of 1938, as amended.

§ 9–812. Appropriations authorized.

There is hereby authorized to be appropriated such sum as may be necessary for the construction of the airport authorized by this chapter, and such sum shall remain available until expended. There are hereby authorized to be appropriated such other sums as may be necessary to carry out the purposes of this chapter.

§ 9–813. Disposition of money recovered from pool and fountain.

Money hereafter recovered from the pool and fountain at Dulles International Airport shall not be subject to the Act of June 30, 1949, as amended (40 U.S.C. §§ 484(m) , 485(a) [see now 40 U.S.C. §§ 552 and 571 ]), and may be given to a nonprofit organization which, in the determination of the Administrator of the Federal Aviation Agency, promotes and provides for the welfare of travelers in air commerce.