The Airports Authority (MWAA) is a public body created by interstate compact (Compact) between the Commonwealth of Virginia and the District of Columbia. The Compact is codified in Virginia law at Virginia Code 5.1-152 et seq. and the District of Columbia law at D.C. Code 9-901 et seq. Congress pre-approved the Compact by Public Law 86-153, and, in 1986, the United States, by the Metropolitan Washington Airports Transfer Act (Transfer Act), authorized the transfer of Ronald Reagan Washington National (Reagan National) and Washington Dulles International (Dulles International) Airports to the Airports Authority by long-term lease. In 1987, the Airports Authority and the United States Department of Transportation executed a 50-year lease of the airports (Federal Lease). In 2003, the term of the lease was extended an additional 30 years, and, in 2024, it was extended an additional 33 years. Currently, the Airports Authority’s lease of the Airports will expire in 2100.
Under the Compact, the Airports Authority is created “solely to operate and improve [Reagan National and Dulles International] as primary airports serving the metropolitan Washington area” and is independent of the Commonwealth of Virginia, the District of Columbia and the federal government.
Under the terms of the Transfer Act and Federal Lease, the Airports Authority is subject to the following requirements related to the use and development of airport property:
- Airport property may be used only for “airport purposes,” which means (i) aviation business or activities; (ii) activities necessary or appropriate to serve passengers in cargo or air commerce; (iii) non-profit 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 U.S. Secretary of Transportation.
- In acquiring 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. The Airports Authority’s competitive procedures can be found in its Contracting Manual.
- The Airports Authority must consult with the National Capital Planning Commission and the Advisory Council on Historic Preservation before undertaking any major alterations to the exterior of the Main Terminal at Dulles International.
Additionally, under the Compact and as an airport operator, there are various federal, state and Airports Authority requirements applicable to construction projects on airport property:
- Airports Authority board of directors approval is required for any contracts to acquire goods greater than $200,000, concession contracts and leases that generate revenue for the Airports Authority in excess of $3 million annually.
- Long-term exclusive concession contracts require Federal Aviation Administration approval under 49 CFR 23.75, and all concession contracts must comply with the requirements of 49 CFR Part 23.
- Projects may require review under the National Environmental Policy Act (NEPA) and review under Section 106 of the National Historic Preservation Act. Additional information about the environmental review processes is available in the section titled “Environmental Approvals for the CCP” on page 52 of the Official Statement, dated June 5, 2025.
- Construction projects must comply with the Airports Authority’s Building Codes Manual, Airports Authority Design Manual, and the Airports Authority Construction Safety Manual. Activities on Airport property also must comply with the Metropolitan Washington Airports Regulations and Airport Orders & Instructions.
- There are federal and state requirements applicable to various Airports Authority operations and projects, depending on the type, scope, location, funding sources and other specifics of the project, including requirements related to approval of the Airport Layout Plan, procurement requirements such as 49 CFR Part 26, grant assurance obligations, and environmental permitting.
- The Airports Authority also must comply with requirements for construction and financing on-airport projects, and the use of airport revenues, set forth in the Airport Use Agreement and Premises Lease, which is the Airports Authority’s agreement with airlines governing the airlines use of Dulles International.