Joint Appendix — Metropolitan Wash. Airports Authority v. Noise Abatement Citizens

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Text

} FILED | |

~~ MAR 1 1991

No. 90-906~~ .

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IN THE

Supreme Court of the United States

OCTOBER TERM, 1990

METROPOLITAN WASHINGTON AIRPORTS AUTHORITY, et al.,

. Petitioners,

CITIZENS FOR THE ABATEMENT OF

AIRCRAFT NOISE, INC., et al.,

Respondents,

UNITED STATES OF AMERICA,

Intervenor.

On Writ of Certiorari to the

United States Court of Appeals

for the District of Columbia Circuit

JOINT APPENDIX

WILLIAM T. COLEMAN, JR.* PaTTI A. GOLDMAN *

DONALD T. BLIss ALAN B. MORRISON

DEBRA A. VALENTINE PUBLIC CITIZEN LITIGATION

NANCY E. MCFADDEN GROUP

O’MELVENY & MYERS 2000 P Street, N.W.

555 13th Street, N.W. Suite 700

Suite 500 West Washington, D.C. 20036

Washington, D.C. 20004 (202) 785-3704

(202) 383-5325 Counsel for Respondents

Of Counsel: KENNETH W. STARR

GREGORY WOLFE Solicitor General

EDWARD S. FAGGEN Department of Justice

METROPOLITAN WASHINGTON Washington, D.C. 20530

AIRPORTS AUTHORITY (202) 514-2217

44 Canal Center Plaza Counsel for the United States

Alexandria, VA 22314

(703) 739-8740

Counsel for Petitioners

* Counsel of Record

(mn ee SA

PETITION FOR CERTIORARI FILED DECEMBER 10, 1990

CERTIORARI GRANTED JANUARY 14, 1991

TABLE OF CONTENTS

on *

Chronological List of Relevant Docket Entries

Citizens for the Abatement of Aircraft Noise, Inc.,

et al. v. Metropolitan Washington Airports Authority,

et al., Complaint dated November 16, 1988

Selected Exhibits to Plaintiffs’ and Defendants’ Mo-

tions for Summary Judgment in the United States Dis-

trict Court for the District of Columbia:

Advisory Commission on the Reorganization of

the Metropolitan Washington Airports Report to

the Secretary (December 18, 1984) (Plaintiffs’

Exhibit (Pl. Ex.”) 2)

Letter to the Honorable Norman Y. Mineta from

John R. Bolton, Assistant Attorney General (Au-

gust 6, 1986) (Pl. Ex. 3)

Minutes of MWAA Board of Directors Meeting

of June 3, 1987 (Pl. Ex. 7)

MWAA Resolution No. 87-12 (June 3, 1987) (PI.

eon oe)

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Minutes of MWAA Board of Review Meeting of

August 6, 1987 (Pl. Ex. 20)

Minutes of MWAA Board of Directors Meeting of

September 2, 1987 (Pl. Ex. 8)

MWAA Resolution No. 87-27 (September 2, 1987)

(Pl. Ex. 10)

Minutes of MWAA Board of Review Meeting of

February 24, 1988 (Pl. Ex. 19)

MWAA Resolution 88-8 (March 16, 1988) (De-

fendants’ Exhibit (“Def. Ex.”) 7)

Minutes of MWAA of Review Meeting of April 13,

1988 (Pl. Ex. 18)

MWAA Resolution 88-34 (July 6, 1988) (Pl. Ex.

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——_——-

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TABLE OF CONTENTS—Continued

Resolution No. BOR 88-1 (August 9, 1988) (PI.

BBB. BD) 2 .ccnccccceccccecseneessccecesecnscenessnnesenesennesninnnnnnnnannnn

Affidavit of Sherwin Landfield (December 13,

Tl Se : ae | pe

Affidavit of James A. Wilding (January 30, 1989)

1 8 oF

The following opinions, decisions, judgments, orders

and exhibits have been omitted in printing this joint

appendix because they appear on the following pages

in the appendix to the printed Petition for Certiorari:

Memorandum Opinion and Order of the United

States District Court for the District of Columbia

in Citizens for the Abatement of Aircraft Noise,

Inc., et al. v. Metropolitan Washington Airports

Authority, et al., 718 F. Supp. 974 (D.D.C. 1989)..

Opinion of the United States District Court for the

District of Columbia in Federal Firefighters Asso-

ciation, Local 1, et al. v. United States, et al., 723

F. Supp. 825 (D.D.C. 1989) ..................:cccceeeeeeeeees perenne

Opinion and Judgment of the United States Court

of Appeals for the District of Columbia Circuit in

Citizens for the Abatement of Aircraft Noise, Inc.,

et al. v. Metropolitan Washington Airports Au-

thority, et al., 917 F.2d 48 (D.C. Cir. 1990) —..........

Order Granting Stay of Mandate and Effective

Date of Opinion and Order, dated December 6,

BOBO .nn.cccccccessccsecsencescoseseressseneneesstnssannnnnntsnnnnnnnannnE

Bylaws of the Metropolitan Washington Airports

Authority, dated as of March 4, 1987 (Def. Ex. 4) ..

Lease of the Metropolitan Washington Airports,

dated as of March 2, 1987 (Def. Ex. 3) ....................

Page

85

88

29a

56a

la

148a

CHRONOLOGICAL LIST OF

RELEVANT DOCKET ENTRIES

DATE PROCEEDINGS

November 16, 1988—Complaint filed in the United States Dis-

trict Court for the District of Columbia.

December 16, 1988 —Answer filed.

December 20, 1988 —Motion by plaintiffs for summary judg-

ment filed.

January 30, 1989 an ‘ross Motion by defendants for summary

judgment and opposition to plaintiffs’

motion for summary judgment filed.

February 14, 1989 —Reply Memorandum by plaintiffs in sup-

port of motion for summary judgment

and in opposition to defendants’ cross

motion for summary judgment filed.

February 27, 1989 —Reply Memorandum by defendants in

support of cross motion for summary

judgment and in opposition to plaintiffs’

motion for summary judgment filed.

April 19, 1989 —Notice filed by plaintiffs of case in United

States District Court for the District of

Columbia—Federal Fire Fighters Associ-

ation, Local 1, et al. v. United States, et

al., Civil Action No. 88-1022-LFO— in-

volving common issue of law.

June 5, 1989 —Notice filed by defendants of order by

court staying consideration of the iden-

tical constitutional issue in case involv-

ing common issue of law.

July 20, 1989 —Memorandum Opinion and Order by

Judge Joyce H. Green denying motion for

summary judgment by plaintiffs and

granting cross motion for summary

judgment by defendants.

August 3, 1989 —Notice of Appeal filed by plaintiffs from

order entered July 20, 1989.

DATE PROCEEDINGS

of

the United States to exercise his statu-

tory right to intervene as a full party in

the United States Court of Appeals for

the District of Columbia Circuit.

December 1, 1989 —Brief for appellants filed in the United

States Court of Appeals for the District

of Columbia Circuit.

January 17,1990 —Brief for the United States filed.

January 30,1990 —Brief for appellees filed.

February 26, 1990 —Reply Brief for appellants filed.

October 26,1990 —Opinion and Judgment of the United

States Court of Appeals for the District

of Columbia Circuit reversing the dis-

trict court’s ruling.

November 19, 1990-—-Unopposed Motion of appellees for stay

of mandate and effective date of opinion

and order filed in the United States Court

of Appeals for the District of Columbia

Circuit.

December 6, 1990 —Order entered staying issuance of man-

date and effective date of court’s opinion

and order.

December 10, 1990 —Petition for Writ of Certiorari filed.

December 19, 19990 —Respondents’ Brief in response to peti-

tion for a writ of certiorari filed.

December 19, 1990 —Brief for the United States filed.

January 9,1991 —Brief of the Commonwealth of Virginia

as amicus curiae in support of petitioners

filed.

January 14,1991 —Petition for Writ of Certiorari granted.

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

Civil Action No, 88-3319

JOYCE GREEN, J. JHG

CITIZENS FOR THE ABATEMENT OF AIRCRAFT NOISE, INC.,

2001 O Street, N.W.

Washington, D.C. 20036,

JOHN W. HECHINGER, SR.,

2838 Chain Bridge Road, N.W.

Washington, D.C. 20016,

and

CRAIG H. BAAp,

4404 Greenwich Parkway, N.W.

Washington, D.C. 20007,

Plaintiffs,

v.

METROPOLITAN WASHINGTON AIRPORTS AUTHORITY,

Hangar 9

Washington National Airport

Washington, D.C. 20001,

and

BOARD OF REVIEW,

Metropolitan Washington Airports Authority,

Hangar 8

Washington National Airport,

Washington, D.C. 20001,

Defendants.

4

COMPLAINT FOR DECLARATORY

AND INJUNCTIVE RELIEF

[Filed Nov. 16, 1988]

1. This action seeks a declaration that the review of

certain actions of the defendant Metropolitan Washing-

ton Airports Authority by a Board of Review composed

of nine Members of Congress is unconstitutional. It also

seeks an order enjoining the Board of Review from ex-

ercising its review authority and enjoining the Metropoli-

tan Washington Airports Authority from performing any

of the actions that are required to be submitted to the

congressional Board of Review.

JURISDICTION

2. This Court has jurisdiction under 28 U.S.C. §§ 1331

& 1343.

PARTIES

8. Plaintiff Citizens for the Abatement of Aircraft

Noise, Inc. (“CAAN”) is a non-profit membership or-

ganization composed of citizens’ groups and individuals

from the District of Columbia, Virginia, and Maryland,

most of whom live under flight paths to and from Wash-

ington National Airport. It is incorporated in Maryland,

but has its principal place of business in the District of

Columbia. Its primary purpose is to develop and imple-

ment a rational transportation policy for the Metropoli-

tan Washington D.C. area, which would include balanced

service at the area’s three airports, reduce aircraft oper-

ations at Washington National Airport, and alleviate the

noise, safety problems, and air pollution that result from

such operations. In order to further the community inter-

est in health, safety, and environmental improvements at

National Airport, CAAN advocates its positions before

defendant Metropolitan Washington Airports Authority.

5

4. Plaintiff John W. Hechinger, Sr., is a member and

honorary co-chairman of CAAN. He resides in the flight

path of airplanes going to and from Washington National

Airport and is adversely affected by noise, vibrations, and

the environmental consequences of the air traffic going to

and from that airport. For two decades, he has been an

advocate for reducing noise at Washington National Air-

port both as Chairman of the Council of the District of

Columbia during 1967-1969 and as a private citizen.

5. Plaintiff Craig H. Baab resides in the flight path of

airplanes going to and from Washington National Air-

port and is adversely affected by the noise, safety prob-

lems, and environmental consequences of overflights. He

is concerned that airplanes that routinely fly at low

elevations over his neighborhood present safety problems

that increase as the level of air traffic increases.

6. Defendant Metropolitan Washington Airports Au-

thority (“Airports Authority”) is a public body that was

established by chapter 598 of the 1985 Virginia Acts of

Assembly, as amended by chapter 665 of the 1987 Vir-

ginia Acts of Assembly, and the District of Columbia

Regional Airports Act of 1985, D.C. Code §§ 7-1501-7-

1511, in accordance with the terms of the Metropolitan

Washington Airports Act of 1986, Pub. L. No. 99-591,

99th Cong., 2d Sess. (1986) (“Airports Act”), to oper-

ate and improve the Metropolitan Washington Airports,

i.e., Washington National Airport and Washington Dulles

International Airport. On June 7, 1987, it assumed oper-

ating responsibility for the Metropolitan Washington Air-

ports. Its offices are located at Washington National Air-

port.

7. Defendant Board of Review of the Airports Au-

thority is composed of nine Members of Congress ap-

pointed by the Board of Directors of the Airports Au-

thority from lists supplied by the Senate and House of

Representatives. It has the power to veto certain major

6

actions of the Airports Authority as described in para-

graphs 12 and 13 below.

STATUTORY SCHEME

8. The Airports Act authorized the transfer of oper-

ating responsibility for the Metropolitan Washington Air-

ports from the Federal Aviation Administration (“FAA”)

to the Airports Authority. 49 U.S.C. §§ 2452, 2454.

9, Under section 2456(c) of the Airports Act, D.C.

Code § 7-1506(c), and 1987 Virginia Acts, ch. 665, S 5,

the Airports Authority has the power to acquire, main-

tain, improve, operate, protect, and promote the Metro-

politan Washington Airports for public purposes, to issue

bonds, to acquire real and personal property, to levy fees

and other charges, and to make agreements with employee

organizations.

10. The Airports Authority is governed by an eleven-

member Board of Directors, which is composed of five

members appointed by the Governor of Virginia, three

members appointed by the Mayor of the District of Co-

lumbia, two members appointed by the Governor of Mary-

land, and one member appointed by the President with

the advice and consent of the United States Senate. 49

U.S.C. § 2456(e) (1); D.C. Code § 7-1506(e) (1); 1987

Virginia Acts ch. 665, §4(A). The Board members serve

for staggered six-year terms, except that most of the

initial terms are of shorter duration. 49 U.S.C. § 2456

(e) (3); D.C. Code § 7-1506(e) (3); 1987 Virginia Acts

ch. 665, § 4(C).

11. The Airports Act also created a nine-member

Board of Review to be appointed by the Airport Author-

ity’s Board of Directors. 49 U.S.C. § 2456(f). Under

the Airports Act, all of the members of the Board of Re-

view must be Members of Congress, selected from lists

provided by the Speaker of the House and President pro

tempore of the Senate. They must include two members

7

of the House Public Works and Transportation Com-

mittee, two members of the House Appropriations Com-

mittee, two members of the Senate Commerce, Science,

and Transportation Committee, two members of the Sen-

ate Appropriations Committee, and one member chosen

alternately from the House and the Senate. Jd, § 2456

(f)(1). The Airports Act states that the Board of Re-

view members serve “in their individual capacities, as

representatives of users of the Metropolitan Washington

Airports,” but it prohibits Senators and Representatives

from Maryland and Virginia and the District of Colum-

bia Delegate from serving on the Board of Review. Id.

The Board of Review members serve staggered six-year

terms, except that most of the initial terms are of shorter

duration and the alternating member serves a two-year

term. /d. § 2456(f) (2).

12. Any actions of the Board of Directors that (1)

adopt an annual budget, (2) authorize the issuance of

bonds, (3) adopt, amend, or repeal a regulation (which

includes all changes in the hours of operation and types

of aircraft serving either of the airports, id. § 2456(g) ),

(4) adopt or revise a master plan, including any pro-

posal for land acquisition, or (5) appoint the chief execu-

tive officer, cannot go into effect if the Board of Review

disapproves them. Id. § 2456(f) (4).

13. The Board of Directors must submit any actions

of the kind described in paragraph 12 to the Board of

Review at least 30 days before they are to become effec-

tive, with the exception of the annual budget, which

must be submitted at least 60 days before it is to become

effective. Id. § 2456(f)(4)(A). If five members of the

Board of Review disapprove any of the actions described

in paragraph 12 within 30 days of their submission,

such actions shall not take effect. Jd. § 2456(f)(3) &

(4). On August 9, 1988, the Board of Review exercised

its veto power to nullify an Airports Authority regula-

ee a EN ee

8

tion that would have allowed car pools to use the Dulles

Access Road for one year.

14. In addition to its power of disapproval, the Board

of Review may ask the Airports Authority to consider,

vote, or report on any matter “related to” either Na-

tional or Dulles airport, and the Airports Authority has

a statutory obligation to comply with any such request as

promptly as feasible. Id. § 2456(f) (3) & (5). Members

of the Board of Review may also participate as nonvot-

ing members at all meetings of the Airports Authority’s

Board of Directors. Id. § 2456(f) (6).

15. Section 2456(h) of the Airports Act provides that,

if the Board of Review is unable to carry out its func-

tions by reason of a judicial order, the Airports Author-

ity shall have no authority to perform any of the actions

that are subject to disapproval by the Board of Review.

AIRPORTS AUTHORITY PROCEEDINGS

16. In October 1987, the Airports Authority proposed

a master plan for National Airport.

17. In November 1987, CAAN submitted comments to

the Airports Authority on the master plan for National

Airport, in which CAAN objected to the planned intro-

duction of wide-bodied aircraft and the overall expansion

of National Airport facilities to accommodate an in-

crease in the level of passenger activity. CAAN also

criticized the absence of a comprehensive analysis of en-

vironmental impact, the disregard of safety concerns,

and the failure to reduce (and the likelihood of an in-

crease in) the amount of aircraft noise, in part, be

cause CAAN believes the Master Plan will lead to an

increase in nighttime flights.

18. In March 1988, over CAAN’s opposition, the Air-

ports Authority approved the master plan for National

Airport, which makes no provision for reducing noise

levels, and provides for expanding the airport’s capacity.

9

The Airports Authority can put this plan into operation

only if it has the powers, which are subject to disap-

proval by the Board of Review, to raise and budget

funds for this purpose.

19. On April 13, 1988, four members of the Board of

Review met and voted not to disapprove the master plan.

Thereafter, the Airports Authority implemented the

master plan by entering into construction contracts and

beginning construction at National Airport.

20. In March 1988, the Airports Authority issued its

first bonds series to fund improvements at Washington

National and Dulles Airports. It has since issued three

additional bonds series for such improvements. The

Board of Review did not veto the issuance of any of

these bonds series.

21. Because the congressional Board of Review ex-

cludes representation from the metropolitan Washington

D.C. area, and yet it wields ultimate control over the

Airports Authority, it has diminished the influence that

CAAN and its members have over decisions concerning

the operation of the airports, which were previously

made by Congress and/or the FAA. ;

CAUSE OF ACTION

22. The Board of Review’s power under 49 U.S.C.

$ 2456(f) (4) to disapprove actions of the Airports Au-

thority violates the bicameralism requirement of Article

I, §§1, 7, the Presentment Clauses, Article I, § 7, cls.

2-3, and the doctrine of separation of powers.

23. Since the Board of Review cannot constitutionally

exercise its veto power, the Airports Authority does not

have the authority under the Airports Act, because of

the operation of section 2456(h) set forth in paragraph

15, to perform any of the actions subject to review. As

a result, the Airports Authority may not, consistent with

the Airports Act and 42 U.S.C. § 1983, implement its

=

10

Master Plan, which is now causing injuries to CAAN

and its members because of increases in noise levels and

safety and environmental problems at National Airport

and is likely to cause increasing injuries to them in the

future.

RELIEF

Wherefore, plaintiffs pray for an order and judgment

(1) declaring that the Board of Review’s authority

under 49 U.S.C. § 2456(f) (4) to disapprove actions of

the Airports Authority is unconstitutional and void be-

cause it violates the bicameralism requirement of Ar-

ticle I, $$ 1, 7, the Presentment Clauses, Article I, § 7,

cls. 2-3, and the doctrine of separation of powers;

(2) enjoining the Board of Review from exercising

its review authority and from taking any other actions

under the Airports Act;

(3) declaring that the Airports Authority is forbidden

from implementing any of the actions that are required

to be submitted to the Board of Review and enjoining

it from implementing the Master Plan approved by it in

March 1988;

(4) awarding plaintiffs their attorneys’ fees and

costs; and

(5) granting such other and further relief as the

Court deems just and proper.

/s/ Patti A. Goldman

PATTI A. GOLDMAN

D.C. Bar No. 398565

/s/ Alan B. Morrison

ALAN B. MORRISON

D.C. Bar No. 073114

November 16, 1988

11

/s/ Eric R. Glitzenstein

ErRIc R. GLITZENSTEIN

D.C. Bar No. 358287

Public Citizen Litigation Group

Suite 700

2000 P Street, N.W.

Washington, D.C. 20036

(202) 785-3704

Attorneys for Plaintiffs

12

U.S. District Court for the District of Columbia

Plaintiffs’ Exhibit 2

ADVISORY COMMISSION ON THE

REORGANIZATION OF THE

METROPOLITAN WASHINGTON AIRPORTS

REPORT TO THE SECRETARY

DECEMBER 18, 1984

I. Introduction

The Secretary of Transportation created this Advisory

Commission on June 18, 1984 and charged it with devel-

oping a proposal for transferring the Metropolitan Wash-

ington Airports (MWA), Washington National and Wash-

ington Dulles International, from federal ownership to a

state, local or interstate public entity. It is important to

understand that she did not ask us to determine whether

the airports should be transferred, but how they should

be transferred.

The transfer idea is not a new one. The government’s

venture in operating air carrier airports began when

National Airport opened for business in 1941. By 1948,

the Airport was identified as inappropriate for operation

as a conventional federal agency, and the Hoover Com-

mission recommended that it be turned over to a govern-

ment corporation in 1949.

In the following thirty-five years, many attempts were

made to reorganize first National, and later both Na-

tional and Dulles into a government corporation. In the

late 1960s, the alternative of local control was considered.

Although the idea of transfer is not new, Secretary Dole’s

approach to the issue is: She asked a commission com-

prised of the parties principally interested in the opera-

tion of the Metropolitan Washington Airports to recom-

13

mend how the airports should be transferred. Her ap-

proach reflects a recognition that transfer is essentially

a political issue which requires a broad consensus for

success.

The Commission has diligently sought to find a middle

ground that best serves the public interest and meets the

concerns of the several jurisdictions the Airports serve,

the users of the Airports, and the Congress, which must

authorize transfer. Although we have not been able to

reach unanimous agreement on all points, we have agreed

on many of the basics and hope that the Secretary will be

able to fashion a workable proposal to the Congress on the

basis of our efforts.

Finally, the Commission recognizes that its report is

necessarily general, and anticipates that the Secretary

will provide more detail in her legislative proposal to the

Congress.

Il. The Commission’s Deliberations

The Commission held seven public meetings, all at the

Department of Transportation Headquarters Building,

and a public hearing at the Federal Aviation Adminis-

tration auditorium.’

Early meetings were devoted to defining the scope of the

Commission’s concerns. A survey of existing authorities

capable of acquiring and operating the Airports found a

number of agencies with sufficient authority, but none

able to balance the interests of the three jurisdictions

without further legislation. Moreover, none of the can-

didate authorities, excepting only the Maryland State

Aviation Administration, had any experience with the

operation of airports. The Commission quickly concluded

that a new authority should be created to operate the

1 Meetings were held July 25, August 7, October 17, November 7,

November 29, December 13 and December 18. The public hearing

was held Sepvember 12.

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14

Airports, so that it could be tailored to meet the needs

of the metrupolitan area.

The Commission also received a summary report on the

structure of several existing airport authorities, and fo-

cused its attention on two well-known and successful au-

thorities whose facilities serve several jurisdictions: the

Port Authority of New York and New Jersey, which

operates the three major air carrier airports in the New

York metropolitan area, and the Kenton County Airport

Board, a Kentucky-based agency that operates the Greater

Cincinnati International Airport.

Speakers from both authorities appeared at the October

17 meeting.? The Cincinnati airport, located across the

Ohio River in Kentucky, is owned and operated by a

Kentucky municipal agency. The Airport Board, con-

sisting of six members who are residents of Kentucky,

and the Advisory Board, consisting of eight members who

are residents of Ohio, meet as a single board. Because of

restrictions in Kentucky law, only the Airport Board

members may vote.

The Port Authority, an interstate compact agency created

in 1921, undertook operation of the New York area air-

ports in 1948. It is governed by a twelve-member Board

of Commissioners, six appointed by the Governor of New

York and six by the Governor of New Jersey. Each Gov-

ernor has the right to veto Board actions.

Although the Commission concluded that neither author-

ity provided the ideal model for a Metropolitan Wash-

ington Airports authority, their presentations provided

useful advice on how to address interstate concerns. And

despite considerable differences in the structure and ex-

2 Patrick J. Falvey, General Counsel and Assistant Executive

Director, and Dr. William J. Ronan, a Commissioner, addressed

the Commission on the Port Authority’s experiences; William C.

Whitson, Chairman, and Wilbert Ziegler, General Counsel, discussed

the organization and history of the Kenton County Board.

15

perience of the two authorities, their representatives

agreed on major points. They both emphasized the im-

portance of an independent board with distinguished

members, and recommended that they not receive com-

pensation.

The Commission also received financial advice from

Wheat, First Securities of Richmond and Salomon

Brothers of New York in the form of a report (copy at-

tached) and several presentations. In sum, the report

concluded that an independent Metropolitan Washington

Airports Authority would be self-sustaining, and capable

of financing major improvements at both National and

Dulles at favorable rates through issuance of tax-exempt

revenue bonds, without appropriation of federal or state

funds. Later meetings were devoted to discussion and

debate of the principal issues, as described below.

III. Jssues and Recommendations

The Commission identified the following issues, and the

majority reached a consensus on them as follows:

A. Single Authority

Washington National and Washington Dulles Inter-

national Airports should be transferred by the Con-

gress to a single, independent public authority to be

created jointly by the Commonwealth of Virginia

and the District of Columbia, with the capacity to

issue tax exempt revenue bonds to finance improve-

ments at both airports.

The Commission inquired into the possibility of trans-

ferring the two airports separately, but financial analysis

shows that separating them would require such “substan-

tially higher landing fees and terminal rentals” at Dulles

that “may put [it] at a competitive disadvantage.” In

addition, the Commission believes that for operational

effectiveness, promotion and economic development, and

service to travellers, the two airports should be coor-

16

dinated by a single management, as they have been in >

the past.

Independence is critical because both airports serve the

entire metropolitan region, and the authority therefore

should not be an agency within any one state or local

government.

The ability to issue tax-exempt revenue bond is an ad-

vantage critical to the transfer proposal. This enables an

airport authority to finance capital improvements from

private capital sources at a minimum cost.

The Maryland members of the Commission*® agree with

the majority with respect to revenue bonding authority,

but believe that the Metropolitan Washington Airports

should be separated. They recommend that Dulles be

transferred to the Commonwealth of Virginia, while Na-

tional be transferred to a tripartite authority with equal

representation of Maryland, Virginia and the District

of Columbia.

B. Conditions of Transfer

The transfer should be by long-term lease with only

nominal consideration, on the condition that the new

authority operate both National and Washington

Dulles Internationa) as primary air carrier airports

serving the metropolitan Washington area. Any rev-

enues of the new authority should be expended only

on Dulles and National airport facilities. The au-

thority should assume any existing hypothetical debt

of the MWA to the Treasury.

Valuation of airport property is a difficult business, as

airports are rarely bought and sold. The Commission is

satisfied that, however a market price might be deter-

mined, a public transferee willing to pay a substantial

price for the Metropolitan Washington Airports is not

available. Nevertheless, the Commission believes that a

3 Paul Sarbanes, Steny Hoyer, James Truby and Scott Fosler.

17

new airport authority should reimburse the federal gov-

ernment for the recoverable costs of past airport capital

investments. This should be done on the same basis the

Metropolitan Washington Airports has been repaying

these costs to the Treasury. The existing debt stands at

$67.3 million. The new authority would make progress

payments over a fixed period of not more than 35 years

as part of its lease.

C. Governing Board

The authority should be governed by a single board

of eleven members serving staggered six-year terms,

five members to be appointed by the Governor of

Virginia; three by the Mayor of the District of Co-

lumbia; two by the Governor of Maryland; and one

by the President, with the advice and consent of the

Senate. The board should elect a chair from among

its members.

Members should not hold elective or appointive polit-

ical office, should reside in the Washington Standard

Metropolitan Statistical Area, and should serve with-

out compensation. The residence requirement should

not apply to the Presidential appointee.

A seven-vote majority should be required to approve

bond issues and the annual budget.

The Commission has been most impressed with the need

for a non-political, independent authority with a board

able to reach decisions without consideration of extrane-

ous issues. The conditions proposed on board membership

are common to most successful airport authorities. The

residency requirement is recommended to allay any con-

cerns that either Governor might appoint members from

other parts of the state who might have interests incon-

sistent with those of the Washington area.

Consistent with their overall position, the Maryland mem-

bers dissent from the proposed allocation among the three

jurisdictions of members of the board, though not from

18

the proposed restrictions on their appointment, or the

choice of the governors and the mayor as appointing au-

thorities. With respect to National Airport, they recom-

mend three members appointed by each jurisdiction, with

the possibility of two members to represent the Congress.‘

Mr. Ignatius, on behalf of the Air Transport Association,

prefers an allocation of board members that would pro-

vide for a majority of the appointees from a single ju-

risdiction, and abstains with respect to the composition

of the eleven-member board.

D. Employees

Pay levels, pensions and other benefits for present

employees should be preserved.

The Commission has been impressed with the favorable

reputation enjoyed by employees of the Metropolitan

Washington Airports. Continuity will be required when

the Airports change hands, and employees should be pro-

tected not only out of fairness to them, but to keep the

airports functioning as efficiently as in the past.

For that reason, the new authority should provide a level

of rights and benefits for the existing employees no less

than what they are receiving at the time of transfer. To

this end, the authority should be permitted to participate

in the federal pension system with respect to present em-

ployees, or to develop an at least equivalent pension sys-

tem of its own. MWA employees should retain any fed-

eral employment rights for a period of two years. An

adequate transition period should be provided to assure

that a complete pay and benefit package is developed be-

fore employees must elect between employment with the

new authority and continuing federal employment.

The Maryland members do not dissent from this recom-

mendation.

‘Mr. Fosler advocates an agreement based on the same board

structure for a single authority operating both airports.

19

IV. Conclusion

The Commission therefore recommends to the Secretary

of Transportation that she submit to the Congress legis-

lation authorizing the transfer of the Metropolitan Wash-

ington Airports to an independent authority to be estab-

lished by interstate compact between the Commonwealth

of Virginia and the District of Columbia. The transfer

should be made only if the two jurisdictions enact legis-

lation establishing such an authority with the character-

istics set forth above.

Respectfully submitted,

/3/ A. Linwood Holton, Jr. /s/ William J. Ronan

A. LINWoopD HOLTON, JR. WILLIAM J. RONAN

Chairman

/s/ Franklin E. White /s/ Pauline A. Schneider

FRANKLIN E. WHITE, for PAULINE A. SCHNEIDER, for

CHARLEs 8. RoBB MARION BARRY, JR., Mayor

Governor of Virginia of the District of

Columbia

/s/ John W. Warner

United States Senate /3/ Frank Wolf.

FRANK WOLF

/s/ Betty Ann Kane House of Representatives

Betty ANN KANE

District of Columbia Council /s/ Martha V. Pennino

MARTHA V. PENNINO

/s/ Paul R. Ignatius Fairfax County Board of

PAUL R. IGNATIUS Supervisors

Air Transport Association

/s/ Duane H. Ewedahl

/3/ John H. Winant DUANE H. EwWeEDAHL

JoHN H. WINANT Regional Airline Association

National Business Aircraft

Association

Attachments

Views of the Maryland Delegation

Wheat, First & Salomon Brothers Analysis

20

CONGRESS OF THE UNITED STATES

HOUSE OF REPRESENTATIVES

Washington, D.C. 20515

Steny H. Hoyer Appropriations Committee

5th District, Maryland Treasury, Postal Service,

General Government

Labor,

Health and Human Services,

Education

To: MEMBERS, ADVISORY COMMISSION ON THE REORGAN-

IZATION OF THE METROPOLITAN WASHINGTON

AIRPORTS

FROM: CONGRESSMAN STENY HOYER, SENATOR PAUL

SARBANES, GOVERNOR HARRY HUGHES, COUN-

CILMAN SCOTT FOSLER

Re: ALTERNATIVE REPORT TO THE COMMISSION

These comments are offered in the interest of produc-

ing a report which contributes to achieving our shared

objective, as outlined in the Commission’s Charter:

transferring National and Dulles airports to an appro-

priate state, local, or interstate body.

As we indicated during the December 13th Commission

meeting, Governor Holton’s efforts to “forge a solution”

which reflects the interests of the Commission member-

ship have been impressive. In this regard, we appreciate

the Governor’s openness to submitting a report to Secre-

tary Dole which describes two approaches under which

local control of National and Dulles could be exercised.

We concur with Secretary of Transportation Dole’s

premise that the Federa] Aviation Administration should

not be in the business of operating airports. We believe

that the proposal submitted by C ongressman Hoyer to

transfer National Airport to an interstate authority and

21

Dulles International Airport to the State of Virginia

is consistent with the Secretary’s objectives of heighten-

ing local control over the two Washington Metropolitan

Airports, as well as relinquishing federal control over the

airports.

Maryland strongly endorses the transfer of National

Airport to an-interstate authority and Dulles Airport to

the State of Virginia. Under this approach, National

would be leased to a nine member interstate authority

with three members each from the District of Columbia,

Virginia and Maryland, ampointed by the Mayor of the

District of Columbia and the two Governors. The Na-

tional Airport Authority would have full policy, operating

and financing authority.

We are open to including one or two representatives of

the Federal Government on the authority to recognize

the Federal interest in the “Nation’s Airport.”

The members of the authority would serve staggered

six year terms and would not hold elective or appointed

political office, would reside in the Washington Metro-

politan Area, and would serve without compensation.

Employees of National Airport would be protected, and

their pay levels, pensions and other benefits would be

preserved.

Under our proposal, Dulles International Airport would

be transferred to the State of Virginia. Employees of

Dulles would be protected, and their pay levels, pensions

and other benefits would be preserved. Virginia, of

course, would have full policy and financing authority and

responsibility once the transfer of Dulles has occurred.

This approach, we believe, reflects the significant inter-

est of each of the principal jurisdictions in National Air-

port while allowing Virginia to develop Dulles in the

same way Maryland is developing Baltimore-Washington

International.

20

CONGRESS OF THE UNITED STATES

HOUSE OF REPRESENTATIVES

Washington, D.C. 20515

Steny H. Hoyer Appropriations Committee

5th District, Maryland Treasury, Postal Service

General Government

Labor,

- Health and Human Services,

Education

To: MEMBERS, ADVISORY COMMISSION ON THE REORGAN-

IZATION OF THE METROPOLITAN WASHINGTON

AIRPORTS

FROM: CONGRESSMAN STENY HOYER, SENATOR PAUL

SARBANES, GOVERNOR HARRY HUGHES, CouN-

CILMAN SCOTT FOSLER

RE: ALTERNATIVE REPORT TO THE COMMISSION

These comments are offered in the interest of produc-

ing a report which contributes to achieving our shared

objective, as outlined in the Commission’s Charter:

transferring National and Dulles airports to an appro-

priate state, local, or interstate body.

As we indicated during the December 13th Commission

meeting, Governor Holton’s efforts to “forge a solution”

which reflects the interests of the Commission member-

ship have been impressive. In this regard, we appreciate

the Governor’s openness to submitting a report to Secre-

tary Dole which describes two approaches under which

local control of National and Dulles could be exercised.

We concur with Secretary of Transportation Dole’s

premise that the Federal Aviation Administration should

not be in the business of operating airports. We believe

that the proposal submitted by Congressman Hoyer to

transfer National Airport to an interstate authority and

21

Dulles International Airport to the State of Virginia

is consistent with the Secretary’s objectives of heighten-

ing local control over the two Washington Metropolitan

Airports, as well as relinquishing federal control over the

airports.

Maryland strongly endorses the transfer of National

Pres: to an interstate authority and Dulles Airport to

the State of Virginia. Under this approach, National

would be leased to a nine member interstate authority

with three members each from the District of Columbia,

Virginia and Maryland, appointed by the Mayor of the

District of Columbia and the two Governors. The Na-

tional Airport Authority would have full policy, operating

and financing authority.

We are open to including one or two representatives of

the Federal Government on the authority to recognize

the Federal interest in the “Nation’s Airport.”

The members of the authority would serve staggered

six year terms and would not hold elective or appointed

political office, would reside in the Washington Metro-

politan Area, and would serve without compensation.

Employees of National Airport would be protected, and

their pay levels, pensions and other benefits would be

preserved.

Under our proposal, Dulles International Airport would

be transferred to the State of Virginia. Employees of

Dulles would be protected, and their pay levels, pensions

and other benefits would be preserved. Virginia, of

course, would have full policy and financing authority and

responsibility once the transfer of Dulles has occurred.

This approach, we believe, reflects the significant inter-

est of each of the principal jurisdictions in National Air-

port while allowing Virginia to develop Dulles in the

same way Maryland is developing Baltimore-Washington

International.

22

By recognizing that all jurisdictions do not have equiv-

alent interests in Dulles, the Hoyer approach avoids the

problem of fair representation which is inherent and in-

soluable in the single-authority proposal. As stated ear-

lier, we understand that Virginia is troubled by the pros-

pect of subsidizing Dulles during the initial period under

a two-authority approach. However, we point out that

Maryland’s $200 million investment in Baltimore-

Washington International is paying significant dividends.

We believe that this type of investment by Virginia and

Dulles should prove equally beneficial.

Finally, we also believe that the Alternative Pro-

posal offered by Councilman Scott Fosler of Montgomery

County is a worthwhile alternative in that it endorses a

single airport board for both National and Dulles air-

ports—a concept that meets the efficiency-in-operations

objectives of Secretary Dole and has the support of a

majority of the Members on the Airport Commission.

The Fosler proposal, takes what we believe to be an im-

portant step further by recognizing the implicit interest

of each of the neighboring jurisdictions in a fair regional

air transportation policy, and provides that the single

board reflect an equal representation of members from

Maryland, Virginia, and the District of Coiumbia. We

believe that the Fosler proposal warrants further discus-

sion.

Respectfully submitted,

/3/ Harry R. Hughes /8/ Paul S. Sarbanes

HARRY R. HUGHES Senator, State of Maryland

Governor, State of Maryland

/s/ Seott Fosler

/s/ Steny H. Hoyer Scott FosLer

STENY H. Hover Councilman, Montgomery

Congressman, County, Maryland

State of Maryland

23

Alternative Proposal

Submitted by Councilman Scott Fosler

I support the Maryland proposal to transfer Washing-

ton National Airport to an interstate authority and Dulles

Airport to the State of Virginia as an important step

toward regional airport management. However, I also

believe the benefits to the entire region would be even

greater if the two airports were managed by a single au-

thority that genuinely reflected the interests of the entire

Washington metropolitan area. While the Commission

has done an admirable job of moving toward our shared

objective, I do not believe the majority proposal for an

authority comprised of five members from Virginia, three

from the District of Columbia, and two from Maryland,

with one member appointed by the President, will accom-

plish the representation I believe essential for success.

I believe that a single, regional authority governing

Washington National and Dulles Airports, with equal rep-

resentation from Virginia, Maryland, and the District of

Columbia (with provision for federal representation) _is

the simplest, fairest, and most practical way to provide

effective airport management for the Washington region.

Washington National is indisputably a regional airport

and should be governed with equal representation from

the region’s principal governments. Dulles, while cur-

rently producing neither the regional benefits nor the

burdens in the magnitude of Washington National, none-

theless has substantial regional impact. The fact that the

Virginia members of the Commission feel their state

would decline to accept sole responsibility for Dulles with-

out National, fearing that Dulles by itself would not be

financially viable is a clear indication that the prime im-

portance of Dulles lies not in its geographical location,

but rather in its role as a regional air facility.

Viewed separately, Washington National is a more

fully regional facility than Dulles. Taken together, the

24

two airports constitute a regional airport whose collective

benefits and burdens have substantial impact on the en-

tire Washington region, including the Maryland as well

as the Virginia and District portions. However these

benefits and burdens are measured—whether in popula-

tion, airport patronage, economic development, or envi-

ronmental impact—the current and potential effect of

airport management on any of the three jurisdictions

argues strongly for equal representation from each on a

regional governing body.

A single regional authority with equal representation

Is not only fair and workable, it is also the most likely

plan both to win the approval of Congress and to advance

the spirit of partnership which is essential to effective

regional government in the Washington metropolitan

area.

25

USS. District Court for the District of Columbia

Plaintiffs’ Exhibit 3

JRB:JEP:JDT :djy

H.R. 5040

[LOGO]

U.S. Department of Justice

Office of Legislative and Intergovernmental Affairs

Office of the Assistant Attorney General

Washington, D.C. 20530

Aug. 6, 1986

Honorable Norman Y. Mineta

C iairman

Subcommittee on Aviation

Committee on Public Works and Transportation

House of Representatives

Washington, D.C. 20515

Dear Chairman Mineta:

At the request of the Department of Transportation

we have reviewed several alternatives proposed by your

staff as substitutes for H.R. 5040, the “Metropolitan

Washington Airports Transfer Act of 1986,” which will

authorize the Secretary of Transportation to transfer

Washington National and Washington Dulles Interna-

tional Airports to an independent Metropolitan Washing-

ton Airports Authority (Airports Authority), created by

an interstate compact between Virginia and the District

of Columbia. These staff proposals would provide for the

creation of a board consisting of members of the House

and Senate, which would have the authority to disap-

prove certain decisions made by the Airports Authority,

including the adoption of an annual budget, the issuance

of bonds, the adoption, amendment, or repeal of a reguls-

tion, the adoption of development plans and plans for

land acquisition, and the appointment of the General

Manager.

26

Two of the suggestions made by the staff would pre-

sent substantial constitutional problems. The first of

these proposals would create a “Federal Board of Di-

rectors,” consisting of three members of the House, ap-

pointed by the Speaker, three members of the Senate, ap-

pointed by the President pro tempore, and the Comptroller

General. As proposed, this Federal Board would clearly

be unconstitutional. In reality the Federal Board would

be no more than a committee of Congress plus the Comp-

troller General—who is clearly a legislative officer. This

committee would be authorized by the bill to veto certain

types of actions otherwise within the Airports Author-

ity’s power under applicable state law.? In the absence of

the Federal Board, the Airports Authority could imple-

ment those decisions without further review or approval.

Disapproval by the Federal Board of a particular action

would thus have “the purpose and effect of altering the

legal rights, duties, and relations of persons .. . outside

the Legislative Branch,” INS v. Chadha, 462 U.S. 919,

952 (1983), and would plainly be legislative action that

must conform to the requirements of Article 1, section 7

of the Constitution: passage by both Houses and ap-

proval by the President. Id. at 954-955. Congress can-

not directly vest the Federal Board with authority to

veto decisions made by the Airports Authority any more

than it can authorize one House, one committee, or one

officer to overturn the Attorney General’s decision to al-

low a deportable alien to remain in the United States,* to

reject rules implemented by an executive agency pur-

1 See Bowsher v. Synar, —~ U.S. —— (July 7, 1986), slip op.

at 11-16.

* Both Virginia and the District of Columbia have enacted into

law the provisions of the interstate compact, which create the Au-

thority and vest it with powers to operate the airports. We under-

stand that the compact was entered into pursuant to standing

statutory authorization, and therefore no additional congressional

approval is needed for the compact or, presumably, for any changes

to the compact.

* INS v. Chadha, 462 U.S. at 955.

LD OL Re ap a ee

PEND le ct te

27

, : d-

t to delegated authority,‘ to dictate mandatory bu

ak eae i he made by the President,® or to overturn

any decision made by a state agency.°

ngress could, consistent with the constitutional

.. delegate this sort of authority to a board within

the executive branch. However, since the responsibilities

to be exercised by the Board are clearly operational, par-

ticipation by members of Congress chosen by the leader-

ship would violate the Incompatability Clause and the

Appointments Clause* of the Constitution. If the Fed-

eral Board were to be established as an executive branch

agency, its members would have to be appointed by the

President or the head of an executive department or

agency,’ and members of Congress could serve, if at all,

only in an advisory capacity.

4Consumer Energy Council of America v. FERC, 673 F.2d 425

(D.C. Cir. 1982), aff'd 103 S.Ct. 3556 (1983).

5 Bowsher v. Synar, slip op. at ——. ; |

s gress t often included legislative veto devices in

onan that ee to the executive branch, and conse-

quently litigation over legislative veto issues has cen een

sharing of power within the federal government. The Court’s eci-

sion in INS v. Chadha clearly encompasses, however, any legislative

action taken by Congress—i.e., any action that affects the legal

rights, duties, and relations of persons . . . outside the Legisla-

tive Branch.” 462 U.S. at 952. The clear import of Chadha is

that when Congress legislates in a manner that affects the author-

ity of anyone outside the legislative branch—including the states or

private individuals—it cannot retain the authority to alter that leg-

islation through less than the plenary legislative process.

ited States, shall

™ [No person holding any Office under the Un h

be a ae of either House during his Continuance in Office.

oS President] shall appoint . . . all other Officers of the

wast ieee whose Appointments are not herein otherwise pro-

vided for, and which shall be established by Law; but the Congress

may be Law vest the Appointment of such inferior Officers, as

they think proper, in the President alone, in the Courts of Law,

or in the Heads of Departments.” Art. II, section 2, clause 2.

® Congress could, if it chose, require Senate confirmation of such

appointments.

28

Thus, the creation by Congress of the Federal Board

and the assignment to the Board of authority to veto de-

cisions made by the Airports Authority are clearly in-

consistent with the requirements of the Constitution. The

Department of Justice strongly opposes enactment of any

such legislation.

A second staff draft would require Virginia and the

District of Columbia to establish the Board under state

law, as a condition to their acceptance of the transfer of

the airports, rather than directly establish and empower

the Federal Board. As we understand it, this alternative

would provide that the transfer of the airport property

may necessitate the enactment by Virginia and the Dis-

trict of Columbia of additional legislation (which would

necessarily reflect a change in the underlying compact

agreement) to create a new entity whose membership

and powers would be identical to the proposed Federal

Board.” Under this alternative the Board in theory

would not exercise Congress’s legislative powers, but

rather powers granted to it under state law, thereby

removing any federal constitutional problem."

This alternative presents complex and novel questions

involving the relationship between federal and state

grants of authority. The Supreme Court has long recog-

nized that Congress may place conditions on the transfer

of funds or property to the states,” See, e.g., Pennhurst

Virginia and the District of Columbia may have existing en-

abling legislation that would authorize the creation of the Board

under their laws without a separate enactment.

1! We do not address here whether this alternative would be con-

sistent with applicable state laws. We recommend that counsel

for Virginia and the District be given an opportunity to identify

any possible legal problems arising from state law.

12 Congress’s power to condition the transfer of federal property

arises from the grant in Article 4V, section 3, clause 2 of authority

to Congress to “dispose of and make all needful Rules and Regula-

tions respecting the... Property belonging to the United States.”

29

State School and Hospital v. Halderman, 451 US. 1, 17

(1981) (Congress may “fix the terms on which it shall

disburse federal money”); Oklahoma v. United States

Civil Service Commission, 330 U.S. 127, 143 (1947);

United States v. San Francisco, 310 US. 16, 29-30

(1940) (“Congress may constitutionally limit the dis-

position of the public domain to a manner consistent with

its views of public policy.”). The Court has also long

recognized, -however, that Congress cannot attach uncon-

stitutional conditions to a legislative benefit or program

merely because it has authority to withhold the benefit or

power entirely. For example, Congress could, if it chose,

bar aliens from our shores, but could not admit them

under conditions which deprive them of constitutional

rights such as the right to a fair trial. Wong Wing v.

United States, 163 U.S. 228, 237 (1896). The require-

ment that the Senate consent to appointments of execu-

tive officers does not, by inference, empower the Senate to

exert control over the removai of officers once approved

(see Myers v. United States, 272 US. 52, 126 (1926)),

any more than the Senate’s power to advise and consent

to ratification of treaties can be used to override the re-

quirements of the Constitution. See Reid v. Covert, 354

U.S. 1, 16-17 (1957). See also, Geofroy v. Riggs, 133

U.S. 258, 267 (1890); The Cherokee Tobacco, 78 US.

(11 Wall.) 616, 620-621 (1871); Fourteen Diamond

Rings v. United States, 183 U.S. 176, 183 (1901) ( Brown,

J., concurring). A fortiori, Congress could not use its

constitutional authority to place conditions on the dis-

position of federal property to achieve an unconstitutional

result.

It is not entirely clear, however, whether creation by

the states of the Federal Board would be an unconsti-

tutional result. For example, both staff drafts currently

provide, in somewhat analogows terms, that the transfer

of the airports is conditioned on establishment of the

Airports Authority as “a public body corporate and pol-

itic, having the powers and jurisdiction as are conferred

upon it jointly by the legislative authority of the Com-

monwealth of Virginia and the District of Columbia see”

and on imposition by the states of certain “minimum”

requirements on the powers and rights of the Authority.”

If Congress were to create this Authority directly, rather

than the states, we would undoubtedly view the Authority

as a federal agency whose members would have to be ap-

pointed pursuant to the Appointments and Incompatabil-

ity Clauses and that would be subject to all other federal

constitutional requirements. Because its powers and du-

os wong ye from state, rather than federal law

owever, irports Authority is j

constitutional objection. esi entice

Based on this analogy, a colorable argument can be

made that Congress could require the states, as a condi-

tion to transfer of the airports, to establish the Federal

Board under state law and to vest it with the power to

veto decisions made by the Authority. The Board would

differ from the Airports Authority in that its memibers

would have to be congressmen, and would be appointed

by the congressional leadership rather than by the par-

ticipating states and the President. In the absence of

other factors, we would not ordinarily find any federal

* 18 These include, for example, that the Airports Authority be

Pree dent” of state and local governments; that it be consti-

uted “solely to operate both Metropolitan Washington Airports

to issue bonds secured by revenues. to acquire other real and

’ r-

sonal property, and to levy fees and charges: that it be cuhdest to

certain conflict-of-interest provisions; and that it be governed

by a board of 11 members appointed by the Governor of Virginia

the Mayor of the District of Columbia, the Governor of Maryland

* By contrast, members of the Airports Authorit

elective or appointive office. rports Authority may not hold

31

constitutional objection to designation by the states of

members of Congress to exercise state legislative author-

ity. If otherwise permitted under state law,” for in-

stance, we believe members of Congress could be ap-

pointed to state regulatory agencies or other state ex-

ecutive positions.

Nonetheless, given the evident purpose of the Federal

Board as it would be constituted, and the context in which

the creation of the Board is being considered, we have

grave reservations whether the Board is constitutional.

The Supreme Court made clear in Chadha that Congress

may place limitations on the scope of the authority it

delegates to the executive branch and may designate

which executive officers shall exercise that authority;

what Congress cannot do, however, is to delegate author-

ity to one of its houses, committees, or officers to veto

particular decisions made pursuant to that delegated

authority—in effect, to retain day-to-day control over

the exercise of executive authority. See INS v. Chadha,

462 U.S. at 955 (“Congress must abide by its delegation

of authority until that delegation is legislatively altered

or revoked.”) Chadha makes: clear that “once Congress

makes its choice in enacting legislation, its participation

ends. Congress can thereafter control the execution of ~

its enactment only indirectly—by passing new legislation.”

Bowsher v. Synar, slip op. at 18.

By analogy, Congress can impose conditions on the

transfer of public property that limit the manner in

which that property may be used and designate which

state or federal executive officers may make decisions

about use of the property. The proposed condition re-

quiring establishment of the Airports Authority and

specifying its powers and duties thus presents no Chadha

15 As we noted above, there may be statutory or constitutional

impediments that arise under state law. We do not address that

question here.

32

problem. However, the proposed Fede -

nificantly different from 'the Airports 7 A na is on

It would clearly be intended to be an agent of Congress

and to exercise direct congressional oversight authority

over the Board.” Even though the Board would be ere-

ated under state law and would theoretically derive its

courts would view this Board as an attempt by Congress

to circumvent the clear requirements of Article 1, section

to agree to the condition, while perha i

" ps sufficient to avoid

any subsequent objections based on state sovereignty,"

** As currently proposed, we believe the Boa

: ‘ rd Id -

sidered to be an “agent of Congfess,” acting on Chaenane Sean

= at its behest. The Board would consist of members of Congress

esignated in their official capacity, appointed by (and therefore

subject to removal by) the congressional leadership. As the Su-

preme Court noted recently in Bowsher v. Synar, slip op. at 14, the

ability to remove an individual from office “dictate[s] that he will

ao to Congress.” The Board would thus clearly be

. = to Congress, rather than to Virginia or the District

umbia, even though created under state law. Moreover, the

language of the bill recites Congress’s express intent to acsuee

we age congressional oversight of airport operation and develop-

= in the Federal interest.” Finally, we cannot ignore that the

ternative requiring the states to establish the Board has been

sayy precisely to avoid the clear constitutional objections raised

7 — direct effort by Congress to establish and empower the

oa a context that strongly sugyests Congress intends the

Board, however authorized, to act as its agent.

17 As discussed above, the Supreme Court has repea

held, in broad terms, Congress's authority to Race. enn a

the exercise of authority to spend funds and transfer ropert

But the question addressed in those cases has been wtietiies havi i.

accepted the benefit of the federal funds or property the ciate

had a “sovereign right to retain [the benefit’ without comply i :

with those conditions.” Bell v. New Jersey, 461 U.S. 174 "791

(1983). To the extent those cases are relevant here they cane

tee he ee

33

would not change the fact that Congress is unwilling to

give its consent to the transfer unless it is able to retain

some direct control, through its agents, over use of the

property. This is precisely the sort of “appealing com-

promise” that the Court has found inconsistent with the

constitutional scheme for legislation. INS v. Chadha, 462

U.S. at 958; see also Bowsher v. Synar, slip op. at 18.

If it were not as clear that this proposed alternative

is imtended to give Congress, gua Congress, continued

direct control over operation of the airports, the argu-

ment in favor of its constitutionality would be strength-

ened. As the Board would be established, it would be

difficult to escape the conclusion that the members serve

in their official legislative capacities, as representatives

of Congress as a whole. However, members of Congress

certainly constitute a significant user group of the two

airports, and it would perhaps not be inappropriate for

them to have a voice in the operational decisions in their

individual capacities. For example, it might be possible

for Congress to require the states to establish a board

composed of representatives of user groups, such as mem-

bers of Congress, to oversee decisions made by the Air-

ports Authority.” If it were made clear that those

members serve only in an individual capacity, to repre-

sent their personal interests in the operation of the air-

ports, rather than as agents of Congress, we do not be-

lieve a Chadha problem would necessarily be presented.

In our judgment, the best way to disassociate the Board

only that Virginia and the District of Columbia could not accept

the transfer of the airports and then refuse to comply with the

condition requiring establishment of a Federal Board on the ground

that the condition infringes their state sovereignty.

A board consisting solely of, and designated hy, members of

Congress, with veto authority over decisions made by the Airports

Authority, would be problematic in light of Chadha, and in this

regard, we do not believe that merely designating members of Con-

gress as “users,” without placing their appointment to the Board

outside of Congress, would be sufficient to overcome our objection.

34

from Congress would be to vest appointment and removal

authority in someone other than the congressional leader-

ship. Moreover, language should be included in the bill

or its legislative history which articulates the importance

of the airports to individual congressmen, because of their

frequent use, and specifically stating that the congres-

sional members of the Board shall represent only their

personal interests.’®

In that regard, the third draft suggested by your staff

does not present the same constitutional objection as the

two earlier drafts. Under this alternative, the participat-

ing states (including the District of Columbia) would be

required to establish, as a condition of leasing the air-

ports, a “Board of Review” consisting of four members

of the House of Representatives and four members of the

Senate. This Board would have the same authority to dis-

approve actions taken by the Airports Authority as would

the Federal Board proposed under the other staff drafts.

The members of the Board would serve in their indi-

vidual capacity as users of the airport and not as rep-

resentatives of Congress, and would be appointed by the

Board of Directors of the Airports Authority from

names submitted by the Speaker of the House and the

President pro tempore. Even though as a practical mat-

ter the Speaker and the President pro tempore will be

able to exercise some influence over the appointment by

choosing the names on the required lists, we do not view

that limitation as one of constitutional dimension. An-

alogously, we have not historically objected to statutes

providing that the President make appointments of ex-

ecutive officers from lists provided by Congress, so long

as the President is free to request additional names if

19 We caution, however, that if such a board were established,

the congressional members would have to take care to distinguish

between their respective roles as members of Congress and as

member of the board. We also note that we have not reviewed

whether the applicable ethics rules of the House and Senate would

pose any bar to such membership.

a ee ee

35

he does not find a list satisfactory. We assume the same

flexibility will be accorded the Airports Authority.

Although the issue is not free from doubt, we believe

that with the revisions made by this third draft, the pro-

posal will withstand constitutional scrutiny. An explicit

recitation in the bill that the members of Congress serve

only in their individual capacity, as users of the airports,

will serve as a clear indication that Congress does not

intend the Board to function as an adjunct or agent of

Congress qua Congress—i.e., Congress acting in its legis-

lative capacity. We assume that this understanding will

be discussed in some detail in the legislative history of

the bill. Importantly, vesting final appointment and re-

moval authority in the Board of Directors of the Airports

Authority, disassociates the Buwrd from the direct control

and supervision of the congressional leadership.

For the foregoing reasons, we would not object on con-

stitutional grounds to enactment of the provision con-

tained in the third staff draft. We defer to the Depart-

ment of Transportation as to the merits of the proposal.

The Office of Management and Budget has advised this

Department that there is no objection to submission of

this report from the standpoint of the Administration’s

program.

Sincerely,

/s/ John R. Bolton

JOHN R. BOLTON

Assistant Attorney General

36

U.S. District Court for the District of Columbia

Plaintiffs’ Exhibit 7

METROPOLITAN WASHINGTON AIRPORTS

AUTHORITY

BOARD OF DIRECTORS MEETING

MINUTES OF JUNE 3, 1987

The regular meeting of the Board of Directors of the

Metropolitan Washington Airports Authority was held

on June 3, 1987, in the West Building at Washington

National Airport. The meeting was called to order by the

Chairman at 9 a.m.

PRESENT

Ten members of the Board were present:

Bette Anderson

Michael Barnes

Linwood Holton

Ron M. Linton

Elijah Rogers

Polly Shackleton

T. Eugene Smith

Thomas P. Smith

William Thomas

Carrington Williams

Mr. Jack Edwards, nominated as the Presidential ap-

pointee, was also in attendance.

The first order of business was approval of the pre-

viously distributed minutes of the meeting held on May 6.

Governor Holton noted that the minutes as written were

not to be construed to mean that the Board would not

examine the Master Plan for Washington Dulles. The

minutes were approved.

37

Following the agenda of the meeting, (copy enclosed),

under agenda item II, Committee Reports, the Chairman

called for reports of the various committees.

Ms. Bette Anderson, Chairperson of the Finance Com-

mittee reported the following:

The Finance Committee has met twice since the last

Board Meeting. At the May 22 meeting, the Finance

Committee reviewed the four mcnth Transition Pe-

riod Financial Plan which had been prepared by the

Metropolitan Washington Airports (MWA) staff.

With some modifications, the Committee supported

that plan. A copy of the Financial Plan, as endorsed

by the Committee, was enclosed in the material which

was forwarded to each Board Member for today’s

meeting. At the appropriate time, Ms. Anderson

noted that she was prepared to move the adoption of

that plan, with a Resolution which was also included

in the mailing for today’s meeting.

The Finance Committee met again on May 28, to

consider the Authority’s insurance program. This is

one of the areas which the full Board had delegated

to the Finance Committee. Using that delegation,

the Finance Committee had also earlier authorized

award of several contracts for employee health and

life insurance. At the May 28 meeting, the Finance

Committee reviewed various options available for

other necessary insurance coverages and authorized

the MWA staff to proceed to place insurance in a

variety of areas, with the major items being the Air-

port Liability, Property, and Workers’ Compensation

coverages. These coverages are being placed this

week and will be in effect by the planned transfer

date, June 7.

The Finance Committee has not yet approved place-

ment of coverage for Public Officials liability. The

quotes received were very expensive. The Committee

38

is further pursuing that item with the hope of hav-

ing coverage placed in the very near future.

Mr. Ron Linton, Chairman of the Operations Committee,

reported that the Committee had met since the last Board

Meeting and minutes from that meeting had been dis-

tributed to all Board Members. The Committee’s initial

focus will be on air safety matters at the two airports.

The Committee and MWA staff are planning to develop

a study session and Board Members will be advised when

this will take place.

Mr. Carrington Williams, Chairman of the Planning

Committee, reported that the Committee is endeavoring

to find a date when a considerable amount of time could

be spent with the professional planners, architects and

engineers to discuss fully the Master Plan for Washington

Dulles. The dates of July 11, 18, and 25 have been

determined as being available with the various consultant

firms for the Dulles session. The MWA staff will be

contacting the Board Members to determine which, if

any, of those dates is most convenient for the Board

Members.

Turning to the information items under agenda item III,

Mr. Edward Faggen reported on the status of legislation

in the local jurisdictions. He noted that the D.C. Council

had taken final action this past Tuesday to amend the

enabling legislation and it was expected to be signed by

the Mayor. On June 1, the Loudoun County Board of

Supervisors adopted an Ordinance that would apply to

certain County Ordinances at Dulles. On June 6, Arling-

ton County is expected to adopt a similar amendment to

their Ordinances.

Under agenda item IIIb, progress report on other transfer

activities, Mr. Wilding reported that 93 percent of the

MWA work force had opted to transfer with the Author-

ity. Of the 93 percent, 83 percent were straight trans-

a ee

39

fers and 10 percent were those individuals who would

be retiring and returning.

Governor Holton inquired about the status of the Lease.

Mr. Faggen reported that Governor Baliles is expected to

sign it before Saturday night. The Mayor of the District

has signed it.

Mr. Wilding noted that the Lease identified a number of

items which had to be accomplished before the Lease

became effective. He indicated that there were a few of

those items remaining and, once all were accomplished,

Secretary Dole and Governor Holton would be asked to

execute a certification document to that effect.

On agenda item IIIc, report on use of direct hiring au-

thority, Mr. Wilding reported that there wasn’t anything

new to report since the last meeting. Overall, this author-

ity had been used in 31 instances and since it was an

interim measure pez‘ng the transfer, this would be the

last report.

Mr. Linton inquired as to whether we were moving on

hiring additional police and firefighters. Mr. Wilding

responded by saying we were hiring ten additional fire-

fighters effective the following Monday and that a lot of

work was being done in these areas.

On agenda item IIId, current concession and construction

activities, Mr. Wilding noted that Mr. Thomas Smith had

suggested at the May Board Meeting that a list of con-

cession type solicitations be developed. This has been done

and was in the folder before them. It will continue to be

updated on a regular basis. Mr. Wilding also noted that

the airport traffic statistics for April were in the folder

before them.

Governor Holton then introduced Mr. Najeeb Halaby,

President of DartRAIL who presented a briefing on Dart-

RAIL, a proposed 16.7 mile light rail system beginning

at the West Falls Church Metro station and ending at

Washington Dulles International Airport’s main terminal.

40

DartRAIL, as proposed, would be constructed on the

median strip dividing the Dulles Access Road. Mr. Halaby

encouraged the Board to give their support to the trans-

portation system,

Governor Holton told the DartRAIL representatives that

he admired the innovative initiatives that DartRAIL had

produced, noting that there were still a lot of unanswered

questions.

Mr. Thomas suggested that the Planning Committee con-

sider what the Authority should be doing now to pursue

some type of rapid rail to Dulles (not necessarily Dart-

RAIL).

Mr. Wilding noted that this raises some serious priority

questions because there are so many issues to which the

Authority needs to be devoting their energies and re-

sources.

Governor Holton said the Planning Committee should

take a preliminary look at rail systems and present a

recommendation to the Board, taking into account Mr.

Wilding’s viewpoint.

Mr. Faggen reported on agenda item IVa, adoption of

two additional regulations, (1) landing fee rule and (2)

weapons rule. Mr. Faggen reported that the FAA had

now completed the modification of these two regulations,

as had been forecast at the time the Board adopted the

other regulations.

Mr. Williams moved the adoption of the following Reso-

lution and it was unanimously passed:

RESOLVED, That the regulations of the Federal

Aviation Administration, Metropolitan Washington

Airports in Federal Aviation Regulations, Sections

159.79, 159.181, 159.183, 159.184, and 159.185 as

they are effective on June 6, 1987, are hereby adopted

by the Metropolitan Washington Airports Authority

with the force and effect of law as of the effective

41

date of the transfer of the Airports to the Metro

politan Washington Airports Authority.

Further, until the Airports regulations are recodi-

fied, they shall be cited as the Metropolitan Washing-

ton -“irports Regulations §§ 159.1 et seq.

Under agenda item Va., delegations of authority, Mr.

Linton noted that the Operations Committee was working

with the MWA staff on non-financial items and would

examine policies to see whether there were any recommen-

dations that needed to be brought before the full Board.

It was noted that the General Manager needed the neces-

sary “tools” to carry out the operations of the airports.

Mr. Thomas suggested and it was agreed that under item

d., in the delegations package, which had been previously

distributed to the Board Members, that the language be

changed to delete the phrase “easements and rights of

way.

On page 2 under item b., of this package, Mr. Rogers

suggested and it was agreed that the dollar amounts

be cut in half and the General Manager could approve

these sums. Anything in between the lower amount and

the figures as previously shown would need approval of

the Finance Committee. Anything above the figures pre-

viously shown would need to have the full Board’s

approval.

Mr. Rogers moved the adoption of the following Resolu-

tion and it was unanimously passed:

RESOLVED, That the General Manager of the

Metropolitan Washington Airports Authority is

hereby delegated the authority of the Board, subject

to the limitations expressed herein:

a) to manage the operation of Washington Na-

tional and Washington Dulles International Airports,

including hiring, administering and organizing the

42

staff to maintain, improve, operate, protect, and pro-

mote the airports,

b) to acquire, by purchase, lease or otherwise,

goods, services, and property, consistent with an

approved financial plan or budget,

c) to provide for the use of airport property by

airlines and other commercial enterprises, non-

commercial and governmental entities for aviation

business or activities, or activities necessary or ap-

propriate to serve passengers or cargo in air com-

merce, including concession agreements, or for non-

profit public use facilities,

d) to grant licenses and permits pertaining to the

use of airport property,

e) to enter into, administer, modify and terminate

contracts and agreements legally binding upon the

Authority for the purposes set out in paragraphs a

through d,

f) to expend Authority funds for the purposes set

out in a through d,

g) to redelegate and authorize further redelega-

tion and cancel any such redelegation as he considers

appropriate,

h) to issue directives to implement the above.

Limitations:

a) All authority delegated herein shall be exer-

cised in accordance with the laws, regulations and

bylaws applicable to the Authority and applicable

resolutions of the Board of Directors.

b) The acquisition of goods, services, and property

shall be accomplished in accordance with the per-

manent procedures and limitations to be adopted by

the Board which will include a program for obtain-

43

ing contracts with minority and women owned busi-

nesses.

1. Pending the adoption of this permanent pro-

cedure, Board approval is required: i) before the

solicitation and before the award of any contract to

acquire goods, services, and property at a cost to the

Authority of $200,000 or more, or any concession

contract which is anticipated to generate annual reve-

nue to the Authority of $100,000 or more, ii) before

solicitation for a contractor to perform construction

for the Authority that will cost the Authority

$1,000,000 or more, and iii) before approval of ten-

ant construction that will cost the tenant $1,000,000.

2. Pending the adoption of permanent procedures

on matters for which Board approval is not required,

approval of the Finance Committee of the Board is

required: i) before the solicitation and before the

award of any contract to acquire goods, services and

property at a cost to the Authority of $100,000 or

more, or any concession contract which is anticipated

to generate annual revenue to the Authority of

$50,000 or more, ii) before solicitation for a con-

tractor to perform construction for the Authority

that will cost the Authority $500,000 or more, and

iii) before approval of tenant construction that will

cost the tenant $500,000 or more.

ec) The delegation does not include authority for

the acquisition or sale of real property or the grant

of easements.

d) Notwithstanding these delegations, the Board

may expressly reserve any specific management or

contracting matters and decisions to itself or to a

duly constituted committee.

e) The General Manager shall present the Board

with a plan for staffing the airports. All selections

44

for positions reporting directly to the General Man-

ager shall be subject to approval by the Board.

Under agenda item Vb., adoption of Transition Period

Financial Plan, Ms. Anderson moved the adoption of the

proposed Resolution with a change suggested by Mr.

Thomas. The following Resolution was unanimously

passed :

RESOLVED, That the Trunsition Period Finan-

cial Plan is hereby adopted, the General Manager is

authorized to incur and liquidate direct expenses for

the transition period of June 7, 1987, through Sep-

tember 30, 1987, in a total amount not to exceed

$21,484,000 for the care, operation, maintenance, con-

struction, improvement, and protection of Washing-

ton National and Washington Dulles International

Airports, and the General Manager is authorized to

adjust or modify the financial plan in a manner gen-

erally consistent with the Plan and within the level

approved herein.

Turning to agenda item Vc., appointment of Board of

Review, Governor Holton said that letters had been re-

ceived from the Speakers of the United States House of

Representatives, Thomas O’Neill and from Jim Wright,

(copies enclosed) recommending the following for the

Board of Review:

Honorable Silvio O. Conte, Committee on Appropria-

tions

Honorable William Lehman, Committee on Appropri-

ations

Honorable Lawrence Coughlin, Committee on Appre-

priations

Honorable John Paul Hammerschmidt, Committee on

Public Works and Transportation

Honorable Norman Y. Mineta, Committee on Public

Works and Transportation

45

Honorable Newt Gingrich, Committee on Public

Works and Transportation

Honorable Dan Rostenkowski, House of Representa-

tives

Governor Holton recommended the adoption of the follow-

ing Resolution which was unanimously passed:

RESOLVED, That in accordance with Article IV

of the Bylaws of the Metropolitan Washington Air-

ports Authority, each of the following named indi-

viduals having been properly recommended by the

Speaker of the United States House of Representa-

tives, the Board of Directors hereby appoints

from the Committee on Appropriations, the Honor-

able Silvio O. Conte and the Honorable William

Lehman,

from the Committee on Public Works and Trans-

portation, the Honorable John Paul Hammerschmidt

and the Honorable Norman Y. Mineta,

from the House of Representatives, the Honorable

Dan Rostenkowski, to serve on the Board of Review

of the Airports Authority as representatives of the

users of the Metropolitan Washington Airports.

Further, these appointments shall be effective on

the effective date of the Lease between the Airports

Authority and the United States for the Lease of the

Metropolitan Washington Airports. The terms of

each of these appointments was determined by a

drawing, and is as follows, except that the Board

of Directors may remove for cause an appointee to

the Board of Review prior to the conclusion of his

term:

The Honorable Silvio 0. Conte 2 years

The Honorable William Lehman 4 years

The Honorable John Paul Hammerschmidt 6 years

The Honorable Norman Y. Mineta 6 years

The Honorable Dan Rostenkowski 2 years

46

As yet, no names have been received from the Senate.

Under agenda item Vd., adoption of existing labor agree-

ments, Mr. Linton pointed out that a section in the

Lease required that the Board continue certain activities,

namely, to adopt all labor agreements which are in ef-

fect on the effective date of the Lease and to provide

for certain rights for employees of the FAA, MWA, who

transfer to the Authority and who are terminated by the

Authority during the first five years. He made a mo-

tion to adopt both Resolutions as previously distributed

to the Board. This was unanimously passed. Mr. Thomas

asked that the minutes reflect that this action was being

taken only because it was required by the Federal legisla-

tion and reflected in’ the Lease.

At 10:20 am., the meeting was adjourned and the Board

went into executive session to discuss personnel matters.

3 Enclosures

Submitted by /s/ June G. Anderson

JUNE G. ANDERSON

Secretary (Acting)

47

U.S. District Court for the District of Columbia

Plaintiffs’ Exhibit 9

RESOLUTION NO. 87-12

METROPOLITAN WASHINGTON

AIRPORTS AUTHORITY

RESOLUTION

RESOLVED, That in accordance with Article IV of

the Bylaws of the Metropolitan Washington Airports Au-

thority, each of the following named individuals having

been properly recommended by the Speaker of the United

States House of Representatives, the Board of Directors

hereby appoints

from the Committee on Appropriations, the Honor-

able Silvio O. Conte and the Honorable William

Lehman,

from the Committee on Public Works and Trans-

portation, the Honorable John Paul Hammerschmidt

and the Honorable Norman Y. Mineta,

from the House of Representatives, the Honorable

Dan Rostenkowski, to serve on the Board of Review

of the Airports Authority as representatives of the

users of the Metropolitan Washington Airports.

FURTHER, these appointments shall be effective on

the effective date of the lease between the Airports Au-

thority and the United States for the lease of the Metro-

politan Washington Airports. The terms of each of these

appointments is as follows, except that the Board of Di-

rectors may remove for cause an appointee to the Board

of Review prior to the conclusion of his term:

48

The Honorable Silvio 0. Conte

The Honorable William Lehman

The Honorable John Paul Hammerschmidt

The Honorable Norman Y. Mineta

The Honorable Dan Rostenkowski

/s/ June G. Anderson

JUNE G. ANDERSON

Acting Secretary

(Adopted at MWAA Board Meeting, June 3, 1987)

49

U.S. District Court for the District of Columbia

Plaintiffs’ Exhibit 20

METROPOLITAN WASHINGTON

AIRPORTS AUTHORITY

BOARD OF REVIEW

Washington National Airport

Washington, D.C. 20001

MINUTES OF AUGUST 6, 1987

The first meeting of the Board of Review of the Metro-

politan Washington Airperts Authority, convened at the

call of the Authority, was held Thursday, August 6,

at 8:45 a.m. in Reom 2167 of the Rayburn House Of-

fice Building. Four members were present. As the Sen-

ate members had not yet been appointed, a quorum was

present.

Members Present:

John Paul Hammerschmidt

William Lehman

Norman Y. Mineta

Dan Rostenkowski

Absent:

Silvio 0. Conte

Authority Officers Present:

James A. Wilding, General Manager

Walter B. Hobart, Jr., Manager,

Administrative Systems

Gregory Wolf, Secretary and Counsellor to the

Board of Directors

50

Matters Pending Review

1. Appointment of James A. Wilding as General Man-

ager and Chief Executive Officer of the Authority.

Action taken by the Board of Directors at its regu-

lar meeting May 6, 1987; transmitted to the Board

of Review by Linwood Holton, Chairman, Board of

Directors, June 8, 1987.

2. Adoption of an Annual Budget for Fiscal year 1988

(October 1, 1987-September 30, 1988). Action taken

by the Board of Directors at a special meeting July

22, 1987; transmitted to the Board of Review by Lin-

wood Holton, July 23, 1987.

The Secretary, Mr. Wolfe, called the meeting to order

and requested nominations for Chairman. Mr. Hammer-

schmidt nominated Mr. Mineta; Mr. Rostenkowski sec-

onded. Nominations were then closed on the motion of

Mr. Lehman, and Mr. Mineta was unanimously elected by

a voice vote. He immediately assumed the chair.

The Board proceeded to consider the Fiscal year 1988

Annual Budget. Mr. Wilding provided a general briefing,

and he and Mr. Hobart responded to questions. The

Board then unanimously approved the Director’s adop-

tion of the annual budget, thus terminating the 30-day

review period.

The Board thereupon went into executive session to con-

sider the appointment of James A. Wilding as General

Manager and Chief Executive Officer of the Authority.

When the regular session resumed, the Chairman an-

nounced that the Board had unanimously approved the

Directors’ appointment of Mr. Wilding.

The Chairman announced that he would defer discvssion

both on the establishment of the position of Vice Chair-

man and on the employment of staff to the Board of

Review until] the rest of the Board had been appointed.

He also requested that the Authority provide informa-

51

tion about its organization to the Board of Review mem-

bers, and that briefings and tours of the facilities be

arranged. Mr. Wilding advised that the Board of Di-

rectors had on August 5 approved amendment to the

Authority’s taxicab regulations, and that they would be

forwarded soon to the Board of Review.

There being no further business, the meeting was ad-

journed at 9:45 a.m.

Respectfully submitted:

/3/ Gregory Wolfe

GREGORY WOLFE

Secretary

approved

February 24, 1988

GW

52

U.S. District Court for the District of Columbia

Plaintiffs’ Exhibit 8

METROPOLITAN WASHINGTON

AIRPORTS AUTHORITY

Washington National Airport

Washington, D.C. 20001

BOARD OF DIRECTORS MEETING

MINUTES OF SEPTEMBER 2, 1987

The regular monthly meeting of the Metropolitan Wash-

ington Airports Authority Board of Directors was held

in the West Building at Washington National Airport

on September 2, 1987 and called to order by the Chair-

man at 9:00 a.m. The following nine members of the

Board and the as yet unconfirmed Presidential nominee

were present:

Bette B. Anderson

Michael D. Barnes

Linwood Holton, Chairman

Ron M. Linton

Elijah Rogers, Vice Chairman

T. Eugene Smith

Thomas P. Smith

William Thomas

Carrington Williams

Jack Edwards (Presidential nominee)

The Secretary and the following Authority officers were

also present:

James A. Wilding, General Manager

Hugh Riddle, Jr., Deputy General Manager

Edward S. Faggen, Legal Counsel

53

The first order of business was approval of the pre

viously distributed minutes of the last regular monthly

meeting, held August 5, 1987. The minutes were unani-

mously approved.

In accordance with the Authority’s bylaws, the Chairman

called for nominations for Chairman and Vice Chairman.

A motion made by Eugene Smith that the present Chair-

man and Vice Chairman be reelected for another one-

year term was adopted unanimously.

The Chairman then called for reports of the Finance,

Operations and Planning Committees.

Finance Committee Chairman Bette Anderson reported

that, although several Committee members were unable

to attend, the Committee had met August 19, 1987, and

had discussed with the staff a number of issues the Com-

mittee planned to act on at its September meeting. They

included: obtaining directors’ and officers’ liability insur-

ance, which is not included in the original insurance

coverages for the Authority; selecting a second fixed base

operator at Dulles; and continuing the Price Waterhouse

contract for support services to the Authority during the

transition period.

The Finance Committee also reported on the need to

expedite contract solicitations for bond counsel, feasi-

bility consultant, outside auditor, and program manager.

Ms. Anderson stated that she was prepared to move the

adoption of a resolution delegating authority to the Fi-

nance Committee to approve these solicitations at the

appropriate time.

Replacement of one of the fire engines demolished in an

accident on August 4, 1987, had also been discussed at

the Finance Committee meeting. Two alternative Resolu-

tions for replacing this vehicle would be offered.

Ron Linton, Operations Committee Chairman, reported

that the Committee had not met because a quorum could

sheath

54

not be assembled. The Committee would meet on Sep-

tember 17, 1987, and a report would be ready for the

next Board meeting.

Planning Committee Chairman Carrington Williams re-

ported that the Committee held a lengthy meeting on

August 28, 1987, chiefly to address the status of master

planning at National. Several Dulles issues had also

been discussed, including the decision to proceed with

moving sidewalks in the midfield terminal design and

close-in parking access alternatives, including decked

parking, without impacting the aesthetics of the Saarinen

terminal. Further exploration by the architects would

be requested in order to achieve an acceptable compro-

mise. Mr. Williams stated that this would be an issue

the Authority must confront, and noted that there are

strong Board member opinions on both sides.

Mr. Williams also reported that Howard, Needles, Tam-

men & Bergendoff (HNTB) had provided the Planning

Committee with an update on the Master Plan for Wash-

ington National. The consensus of the Committee was

that the reported status of the new terminal road net-

work and configuration of airline gates was “as good a

compromise as could be worked out.” At the request of

Board Members, HNTB had developed a preliminary de

sign concept that would connect the Metro station and

parking structure with an enclosed bridge structure in-

stead of a tunnel, as previously proposed. Further pre-

sentations would be made to the full Board as the Plan

develops. Mr. Williams then called on Mr. Wilding for

additional comments.

Mr. Wilding reported that Skidmore, Owings & Merrill

(SOM) had resumed work on a Dulles midfield terminal

design. He noted that moving sidewalks in the midfield

terminal will be a “bit expensive.” SOM had already

been instructed to include them in the design.

Governor Holton commented that he was pleased with the

decision to include moving sidewalks in the midfield ter-

55

minal design. He also expressed satisfaction with the

layout of the new terminal building at Washington Na-

tional, noting that it is centered on the subway platform,

with escalators at the north and south ends of the Metro

station and parking behind the elevated Metro struc-

ture. He said this is exactly what is needed.

Mr. Williams noted that the terminal, as planned, would

be about 250 feet closer to the Metro station than the

current North Terminal.

Mr. Linton also endorsed the bridge proposal. He took

exception to the Washington Post account of the last

regular Board meeting, objecting to the report that the

Dulles Master Plan had been approved with minor

changes. He asked that these minutes clarify it had not

been his understanding or intention to approve and ac-

cept the Plan as it now stands.

Mr. Holton responded that the minutes of that meeting

report the Master Plan had been approved and that only

access and parking had not been fully accepted.

Mr. Eugene Smith observed that the limited development

options available at National would lead more easily to

unanimity there than at Dulles.

Mr. Wilding reported that as of Monday night, August

31, 1987, the Authority had $3.9 million on deposit. Since

the transfer on June 7, 1987, income had been roughly

$16 million and expenditures about $12 million.

Mr. Wilding also mentioned that construction was under

way at Dulles on the extension of one of the interim

midfield terminals, built by Presidential and now oc-

cupied by Continenal. Under an agreement with Con-

tinental, American Airlines had funded and occupied four

gates of the expansion. As of noon that day, American

Airlines’ flights were to be in service from its portion

of the interim midfield terminal. By the middle of the

following week, Continental’s portion of the expansion

56

would be operational. Construction of the ramp portion

of United’s nine-gate extension of its interim midfield

terminal had begun the previous week and was scheduled

for completion next Spring. Trans World Airlines will

fund and occupy four gates at that facility.

Mr. Wilding also reported United would establish new,

non-stop service from Dulles to Nassau at the end of

October, a significant improvement to the Dulles service

pattern.

Mr. Riddle summarized the traffic statistics already pro-

vided to the Board Members, noting that Washington

National’s passenger traffic was up 11.2 percent for the

month of July and 7.3 percent for the preceding 12

months. The growth trend has been continuing from last

year after a number of years of unsteadiness. The pas-

senger count was at 15.3 million for the year and was

likely to eclipse the previous high in 1979. Washington

Dulles’s passenger count was up 14.7 percent for the

month of July and 56.3 percent for the preceding 12

months. It was at 11.3 million for the 12-month period.

Air carrier operations for the month of July at Dulles

were a little over 17 thousand, compared to 16 thousand

at National. Mr. Riddle noted that National, however,

slightly exceeds Dulles in total operations.

Mr. Riddle then reported on the proposal to establish a

Terminal Control Area (TCA) at Dulles. The Federal

Aviation Administration had announced its intention to

establish a TCA at Dulles and another at Baltimore/

Washington International Airport. Washington National

already had a TCA. Seven other new airports, also an-

nounced as candidates for TCAs, would be added to the

23 airports that currently have them. Mr. Riddle added

that all airplanes operating in a TCA must have elec-

tronic gear that reports the plane’s altitude and position

to air traffic controllers, and must be subject to positive

control. He also commented that the proposed establish-

ment of a TCA at Dulles reflected growth at that air-

57

port. Mr. Riddle advised that we would be likely to see

some controversy about the new TCAs in the coming

months as the Notice of Proposed Rulemaking works its

way through the federal government.

In the absence of questions, comments or unfinished bus-

iness, the Chairman turned to new business.

Governor Holton reported that a letter from the Presi-

dent pro tempore of the Senate nominating Senate mem-

bers to the Board of Review had been delivered to his

office after close of business August 4, 1987, but that

he had not learned of it until some time after the last

Board meeting on —— 5. Only four names had been

submitted. He repo that the Board of Review, op-

erating with the previously appointed House members

only, had met with MWAA staff and approved the ap-

pointment of Mr. Wilding as General Manager and the

Authority’s FY 1988 budget.

After discussing the alternatives open to the Board, in-

eluding requesting additional Senate nominees, and re-

jecting one or more of the nominees, a motion made by

Mr. Linton that the Resolution appointing the four Sen-

ate members to the Board of Review be adopted was

unanimously accepted. The Resolution is as follows:

RESOLVED, That in accordance with Article IV

of the bylaws of the Metropolitan Washington Air-

ports Authority, each of the following named indi-

viduals having been properly recommended by the

President pro tempore of the United States Senate,

the Board of Directors hereby appoints:

from the Committee on Appropriations, the Honorable

Robert C. Byrd and the Honorable Ted Stevens; from

the Committee on Commerce, Science, and Transpor-

tation, the Honorable Ernest F. Hollings and the

Honorable Nancy L. Kassebaum;

FURTHER, that these appointments and the ap-

pointments previously made in Resolution 87-12 shall

be effective as of June 3, 1987. The terms of each

of these appointments are as follows, except that the

Board of Directors may remove for cause an ap-

pointee to the Board of Review prior to the conclu-

sion of this term:

The Honorable Robert C. Byrd 2 year term

The Honorable Nancy L. Kassebaum 4 year term

The Honorable Ted Stevens 6 year term

The Honorable Ernest F. Hollings 6 year term

The term of each was determined by a drawing conducted

by Governor Holton immediately after adoption of the

resolution.

Mr. Wilding noted that two alternative Resolutions con-

cerning replacement of the fire truck had been mailed

with the agenda. He proposed adoption of the second,

authorizing the General Manager to approve the purchase

of a new truck. He anticipated a decision could be

reached at the end of the week.

Mr. Eugene Smith moved the adoption of the following

Resolution, which the Board agreed to unanimously :

RESOLVED, that the Board delegates authority

to the Genera] Manager to purchase an aerial ladder

truck to replace the Authority firefighting vehicle

demolished on August 4, 1987.

Ms. Anderson moved the following Resolution delegating

authority to the Finance Committee, which the Board

agreed to unanimously:

RESOLVED, that the Board of Directors delegates

to the Finance Committee the authority to approve

the issuance of solicitations for Bond Counsel, Feasi-

bility Consultant, Outside Auditor, and Program

Manager.

Governor Holton then requested that the Board go into

executive session to discuss informational items. He

noted that because the Board would not be taking any

59

formal action in executive session, there would be no

further public session.

There being no further business, the meeting adjourned

at 9:26 a.m.

Respectfully submitted:

/s/ Gregory Wolfe

GREGORY WOLFE

Secretary and Counsellor

to Board of Directors

60

U.S. District Court for the District of Columbia

Plaintiffs’ Exhibit 10

RESOLUTION NO. 87-27

METROPOLITAN WASHINGTON

AIRPORTS AUTHORITY

RESOLUTION

RESOLVED, That in accordance with Article IV of

the bylaws of the Metropolitan Washington Airports

Authority, each of the following named individuals hav-

ing been properly recommended by the President pro

tempore of the United States Senate, the Board of Direc-

tors hereby appoints:

from the Committee on Appropriations, the Honorable

Robert C. Byrd and the Honorable Ted Stevens; from the

Committee on Commerce, Science, and Transportation,

the Honorable Ernest F. Hollings and the Honorable

Nancy L. Kassebaum;

FURTHER, that these appointments and the appoint-

ments previously made in Resolution 87-12 shall be effec-

tive as of June 3, 1987. The terms of each of these

appointments are as follows, except that the Board of

Directors may remove for cause an appointee to the

Board of Review prior to the conclusion of his term:

The Honorable Robert C. Byrd 2 year term

The Honorable Nancy L. Kassebaum 4 year term

The Honorable Ted Stevens 6 year term

The Honorable Ernest F. Hollings 6 year term

/s/ Gregory Wolfe

GREGORY WOLFE

Secretary

(Adopted at MWAA Board of Directors Meeting, Septem-

ber 2, 1987)

61

U.S. District Court for the District of Columbia

Plaintiffs’ Exhibit 19

METROPOLITAN WASHINGTON

AIRPORTS AUTHORITY

BOARD OF REVIEW

Washington National Airport

Washington, D.C. 20001

MINUTES OF FEBRUARY 24, 1988

The second meeting of the Board of Review of the Metro-

politan Washington Airports Authority, convened at the

eall of its Chairman, was held Wednesday, February 24

at 8:45 a.m. in Room S-146 of the Capitol.

Members Present:

Norman Y. Mineta, Chairman

William Lehman

Authority Representatives Present:

James A. Wilding, General Manager

Edward S. Faggen, Legal Counsel

Francis J. Conlon, Chief Engineer

Nancy Bruce, Governmental Affairs

Gregory Wolfe, Secretary and Counsellor to the Board of

Directors

Franklin D. Raines, Lazard Freres & Co., Financial Ad-

visor to the Authority

Action Pending Review

Review of the Board of Directors authorization for

the issuance of bonds for the “Early Development

Program” projects at both Washington National and

62

Washington Dulles International Airports. Action

taken by the Board of Directors at its regular meet-

ing February 3, 1988; transmitted to the Board of

Review by the Secretary on February 3, 1988.

The Chairman, Mr. Mineta, called the meeting to order

at 9:05 a.m.

I. APPROVAL OF MINUTES

The first order of business was approval of the pre-

viously distributed minutes of the last meeting, held

August 6, 1987. The minutes were unanimously ap-

proved.

II. REPORT ON “EARLY PROGRAM” PROJECTS

Mr. Wilding reported on the authorization for the issu-

ance of bonds, describing the purpose of this early financ-

ing and the projects it would fund. He explained that

the financing was intended to enable construction to begin

this spring on the first part of the development program

at both Airports. Part of the proceeds would be used for

the approximately $30 million payment the Authority

owes the federal government to cover its pension liability.

The Master Plan for National would be moving through

the final stages of approval during the week of March 1,

1988. Consideration by the Planning Committee of the

Board of Directors would be required before the Com-

mittee could recommend approval to the full Board on

March 16 for approval. The Plan would then be sub-

mitted to the Board of Review, which would have 30 days

to disapprove it. Submission should occur on March 16.

Mr. Lehman asked why money was being spent for re-

habilitation in advance of a master plan, and if the work

would be consistent with the Master Plan. Mr. Wilding

replied that the rehabilitation projects are entirely con-

sistent and are necessary repair and maintenance proj-

ects.

63

Mr. Mineta asked if maintenance was being neglected

until financing was approved. He noted that either the

maintenance program was inadequate, or maintenance

was being deliberately delayed. He cited the defective

lighting system in the Dulles main parking lot as an

example.

Mr. Wilding responded that he recognized certain deplor-

able conditions existed, and they were being addressed,

but it would take four or five years to work through a

backlog of projects that had not been funded while the

Airports were federally operated.

Mr. Wilding then turned to the fourteen projects listed

in National’s “Early Program”, showing their location on

a large aerial photograph. The first and largest project

would be a parking garage, which would provide a net

increase of 1,200 spaces.

Mr. Lehman inquired about the distance from the new

garage to the Main Terminal, and whether there would

be a skybridge. Mr. Wilding replied the distance would

be 1200 feet, and the connection would be a tunnel with

moving sidewalks.

Mr. Wilding then described the second major project at

National: the demolition of Hangar 1 (the hangar closest

to the Main Terminal) and construction on its site of a

two-level parking structure to be used by waiting taxi-

cabs. This project would result in the elimination of the

lines of cabs along the roadway system.

The third major project would be a portion of the new

roadway system, heading south along the property line

parallel to the George Washington Parkway.

In response to Mr. Mineta, Mr. Wilding reported that

work on the Early Program projects would begin soon,

and the road project and cab facility would be complete

in the summer of 1989. The parking garage would open

late 1989,

64

Mr. Mineta asked about the number of parking spaces at

National. There were about 4,700; the plan was to in-

crease the total to about 8,000. Mr. Wilding also men-

tioned that the construction of the garages would elim-

inate existing spaces, so additional satellite parking would

be provided at the south end of the Airport before con-

struction begins.

Mr. Lehman asked about the parking lots along the

Smith Boulevard exit roadway. Mr. Wilding responded

that those public parking lots (Lot No. 1 and Short-Term

Lot B) would be closed when construction of the new

terminal begins. The Congressional lot would remain in

its current location during the Early Program construc-

tion period.

Mr. Mineta asked generally about changes from earlier

plans, and the relationship between the Metro station and

the new terminal. Mr. Wilding explained that the plans

had not changed much, but further consideration had

resulted in locating the new terminal building closer to

the Metro.

Mr. Mineta asked how the two levels of the new road

system would be used, and Mr. Wilding explained that

the top would be for departing passengers and the bottom

would be for arriving passengers and taxis.

Mr. Lehman noted that northbound traffic from the Air-

port presented a serious traffic problem, and asked what

would be done about the situation and how soon. Mr.

Wilding said he expected a fourth lane to be added to

the George Washington Parkway between the Airport

and the 14th Street Bridge. The staff had been working

with the Park Service, which would have to agree to any

such changes.

Mr. Mineta asked if any of the Early Program projects

would be undone as the development plan progresses.

65

Mr. Wilding responded that all the Early Program proj-

ects were included in the full development program.

Mr. Lehman asked how often shuttle buses would oper-

ate. Mr. Wilding explained that there would be at least

enough buses to maintain the frequencies being oper-

ated now, one trip every three or four minutes.

Mr. Mineta asked what the Early Program would cost at

National. Mr. Wilding estimated $50 million, noting that

it might reach $60 million.

Mr. Mineta asked how many levels there would be in the

new parking garage; the response was 3'% level floors.

Mr. Mineta asked if flat floors with ramps were more

expensive. Mr. Conlon said that while he did not know

the precise difference in costs, the plan is to tie in the

structure architecturally with the Metro station and the

Main Terminal, and the decision had been made to use

31% floors. He thought the cost differential was not sig-

nificant.

On a chart of the Airport, Mr. Wilding showed an Early

Program project to pave an area near the runways for

parking aircraft that was critical to the construction of

the terminal building. Mr. Mineta asked if it would meet

1,000-foot distance requirement from an active runway.

Mr. Wilding responded that aircraft had to be parked

750 feet from the runway and assured that all safety

criteria would be met.

Mr. Mineta asked if the airlines were already obliged to

pay for the improvements under the contract with the

Authority. Mr. Wilding explained that the Authority

could cancel the current airline agreements at any time,

but they would expire next calendar year. Negotiations

would begin later this year with the carriers to reach

new long-term agreements.

Generally, the carriers had been agreeable and very sup-

portive of the overall development program, and the

66

“Early Program” had been discussed frequently with the

air carrier committee created to monitor the development

program at National.

Mr. Mineta asked about the revenues required to cover

the bonds, and how the Authority knew that the income

would be adequate. Mr. Raines noted that the Author-

ity could finance the entire Early Program without

airline agreement. The bonds would be supported by

the market, the demand for airline service to and from

Washington. Both National and Dulles were heavily

origin and destination (“o & d”) airports, which meant

great strength financially.

Mr. Wilding noted that the activity level at National was

stable now at about 16 million passengers, with a 1%

percent increase per year. The Authority expected

growth to stop at about 19 million 15 years from now.

Five years ago, there had been 2.5 million passengers

at Dulles; it currently had 11 million, and the total was

expected to increase to 20 million by 2005.

Mr. Lehman asked if there was an alternative to build-

ing flanking garages at Dulles, and suggested under-

ground garages. Mr. Wilding answered that while the

option did exist, underground construction would be very

expensive, as well as difficult, since it would be necessary

to go through shale rock. He advised that the current

proposal was to depress the ground level four feet and

add one deck.

Mr. Mineta asked why it was necessary to depress one

level, and why two decks could not be built. Mr. Wilding

answered there was a strong sense that adding even one

deck could interfere with the view of the Saarinen Main

Terminal.

Mr. Wilding then described the Early Program projects

at Dulles, showing their location on an aerial photograph.

The construction of a new international arrivals facility

67

to accommodate 2,400 arriving passengers hourly would

cost about $44 million. The existing facility now nor-

mally handled 700 international passengers hourly.

A design contract for extension of the Dulles Terminal,

and a contract for the removal of the Main Terminal

ceiling, possibly the largest asbestos ceiling in North

America, were also included. While it would be some time

before the ceiling would be removed, it was being moni-

tored very closely and was not leaking.

In addition, the Early Program included expansion of the

domestic baggage claim facilities and upgrading of the

automated flight information system. Two runway high-

speed turn-back fillets would be expanded, and Taxiway

W-2 would be extended. Two roadway improvements

would be undertaken, and nine hundred acres would be

acquired to build a third north-south parallel runway.

Mr. Lehman asked about depressed parking and what

effect it would have on temporary and long-range park-

ing plans and shuttle bus systems. Mr. Wilding responded

that there would be 12,000 public parking spaces daily.

The Authority believes that a mix of more close-in park-

ing and satellite parking with shuttle system can meet

the parking needs. There would ultimately be 20,000

parking spaces. The new parking plans would not con-

flict with present roadways.

Mr. Mineta asked to what extent had surrounding juris-

dictions prevented residential encroachment at Dulles.

Mr. Wilding responded that Loudoun and Fairfax Counties

had been cooperative, and the new parallel runway was

shown on the Loudoun land use plan.

The discussion now turned to the financing program. Mr.

Raines explained that it was desirable to move ahead

with the development program to take advantage of the

construction season. Prospects for the sale of bonds were

good; the Authority had received proposals from banks

68

offering letters of credit and bond insurance companies

offering to guarantee the bonds.

Mr. Lehman asked if there was a rating on the bonds.

Mr. Raines said that a rating would not be obtained until

the feasibility analysis necessary to support the Author-

ity’s own credit had been established. In the meantime,

the Authority’s bonds would be supported by the AAA

rating of the bond insurer and letter of credit banks.

Mr. Mineta next asked how the underwriters had been

chosen. Mr. Raines explained that underwriting firms

had submitted proposals addressing, among other mat-

ters, the qualifications and experience of the firm and the

individuals who would be working on the Authority is-

sues, the firm’s understanding of the Authority’s needs,

the firm’s airport experience, and experience in the Wash-

ington region.

Staff had reveiewed the responses, and had ranked the

firms by the criteria established in the Request for Pro-

posals. The Board of Directors, in turn, had developed

a short list of prospective firms. All firms on the short

list had been interviewed, making both oral and written

presentations to enable the Board to make a selection.

Mr. Mineta asked if the selection criteria were public.

Mr. Raines responded that Mr. Mineta would be provided

with a matrix for his review.

Mr. Mineta asked if there had been any affirmative ac-

tion requirements in the criteria. Mr. Raines responded

that three minority, seven regional, and four national

firms had been selected. There would probably be over

200 firms in the marketing group selling bonds for the

Authority.

Mr. Mineta questioned how the final cuts had been made.

Mr. Raines replied that the staff had done a quality

ranking, and the Finance Committee had reviewed this

ranking and had interviewed the firms with the staff

and financial advisors.

69

The Chairman then called for action on the business of

the day.

III. ACTION ON MWAA RESOLUTION NO. 88-3

AUTHORIZING THE ISSUANCE OF BONDS

FOR “EARLY PROGRAM” PROJECTS

The Secretary explained that the proposed Resolution was

framed in the negative because the Board of Review

could only disapprove. Mr. Lehman then moved the adop-

tion of the following Resolution:

RESOLVED, That Resolution 88-3 of the Board of

Directors, authorizing the issuance of bonds in an

amount not to exceed $281 million to fund initial

construction at Washington National and Washing-

ton Dulles International Airports, is hereby dis-

approved.

The Resolution was unanimously disapproved.

IV. OTHER BUSINESS AND ADJOURNMENT

Steven Palmer, representing Senator Hollings, inquired

about a Bill, S. 2004, introduced by Senator Sarbanes and

supported by the Federal Firefighters Union. Mr. Fag-

gen explained the Authority’s differences with the fire

fighters and opposition to the legislation.

Mr. Mineta commented that he was pleased the improve-

ments had begun, and suggested a meeting late in March.

The Mas’er Plan should be forwarded to the Board of

Review on March 16 and the Board of Review would

have 30 days to act, until April 15. The Authority agreed

to schedule individual briefings on the Master Plan for

the Members of the Board of Review.

The meeting formaliy adjourned at 10:35 a.m.

Respectfully submitted:

/s/ Gregory Wolfe

GREGORY WOLFE

Secretary

Approved

4/13/88

lm

70

U.S. District Court for the District of Columbia

Defendants’ Exhibit 7

RESOLUTION NO. 88-8

METROPOLITAN WASHINGTON

AIRPORTS AUTHORITY

RESOLUTION

WHEREAS, The Metropolitan Washington Airports

Authority is charged in the interstate compact legisla-

tion creating it and in its lease with the federal govern-

ment promptly to commence improvement of both of the

Metropolitan Washington Airports, Washington National

and Washington Dulles International ;

WHEREAS, There has never been an approved Master

Plan for Washington National Airport;

WHEREAS, The current Master Planning process be-

gan in 1982, before the Authority assumed control of the

Airports;

WHEREAS, The proposed Master Plan has been de

veloped in consultation with local governments, federal

agencies, user groups, and a regional advisory committee,

and has been adequately reviewed by them;

WHEREAS, The proposed Master Plan has been pre-

sented to citizens groups, government bodies, and the

general public by the Authority staff and its consultants;

WHEREAS, The Board of Directors is satisfied that

the proposed Master Plan includes facilities necessary and

appropriate to serve the projected numbers of passengers

at National Airport, and that it will not bring about an

increase in air traffic there;

WHEREAS, The Board of Directors is satisfied that

the proposed Master Plan will not affect the noise ex-

71

posure on National’s neighbors, and that noise abatement

planning will continue in the Authority’s ongoing noise

(“Part 150”) study;

WHEREAS, The Board of Directors is satisfied that

the Federal Aviation Administration and the air carriers

are responsible for determining and will adequately ad-

dress all questions of the safety of operation of any type

of air carrier aircraft before operating it at National

Airport; now, therefore, be it

RESOLVED, That the proposed Master Plan for Wash-

ington National Airport, consisting of an Airport Land

Use Plan, Airport Layout Plan, and a Terminal Area

Site plan, each dated March 4, 1988 and prepared by

Howard Needles Tammen & Bergendoff, is hereby ap

proved and adopted, effective thirty days after submis-

sion to the Board of Review.

/s/ Gregory Wolfe

GREGORY WOLFE

Secretary

(Adopted at MWAA Board of Directors Meeting, March

16, 1988)

72

U.S. District Court for the District of Columbia

Plaintiffs’ Exhibit 18

METROPOLITAN WASHINGTON

AIRPORTS AUTHORITY

BOARD OF REVIEW

Washington National Airport

Washington, D.C. 20001

MINUTES OF APRIL 13, 1988

The third meeting of the Board of Review of the Metro-

politan Washington Airports Authority was held Wed-

nesday, April 13, 1988, in Room H-301 of the Capitol

and was called to order by the Chairman at 8:10 a.m.

Members Present:

Norman Y. Mineta, Chairman

Silvio O. Conte

John Paul Hammerschmidt

William Lehman

Dan Rostenkowski

Authority Representatives Present:

James A. Wilding, General Manager

Edward S. Faggen, Legal Counsel

Francis J. Conlon, Chief Engineer

Nancy Bruce, Governmental Affairs

Gregory Wolfe, Secretary and Counsellor to the

Board of Directors

I. APPROVAL OF MINUTES

The first order of business was approval of the minutes

of the last meeting, held February 24, 1988. The minutes

were unanimously approved.

73

II. ACTION ON RESOLUTION NO. 88-8 ADOPTING

THE MASTER PLAN FOR WASHINGTON NA-

TIONAL AIRPORT

Action Pending Review

Review of the adoption of the Master Plan for Wash-

ington National Airport. At its regular meeting

March 16, 1988, the Board of Directors adopted the

Plan by Resolution No. 88-8. The Secretary trans-

mitted the Resolution to the Board of Review the

same day.

Mr. Wilding made a presentation on the Washington

National Master Plan using graphics and recent aerial

photographs. He noted that National comprised 860

acres, of which 680 are above water. There were ap-

proximately 45,000 passengers daily, and 1,000 flight op-

erations, half of which are by air carriers.

Mr. Wilding then referred to a display showing the key

elements of the Master Plan for National, as adopted by

the Board of Directors. He explained that the airfield

would not be changed, except for a new taxiway system.

General aviation activities would be moved from the

north to the south end of the Airport. Commuter air

carrier traffic would be shifted to the Main Terminal.

The existing General Aviation, Commuter, and North

Terminals, and two or three hangars would be demolished

to create a major new terminal building.

At the completion of the Plan, the existing number of air

carrier gates (44) would be preserved; 32 would be in

the new Main Terminal and 12 would remain in the ex-

isting Main Terminal. Parking would be provided for

8,000 cars, increased from 4,700, in three garages.

The parking structures would be adjacent to the Metro

system, and both parking and Metro would be connected

to the new Main Terminal by two enclosed bridges. A

completely new roadway system would be constructed,

74

with separate levels for arrivals and departures at the

Main Terminal. Hangar 1 would be demolished, and a

new parking structure constructed on that site to park

waiting cabs, which now are stored on the roadways and

in parking lots.

Mr. Wilding reported there would be over $400 million

spent for work over the next four to five years. Con-

struction on some smaller projects would begin over the

next two months.

Mr. Hammerschmidt asked if the bonds currently being

marketed would cover only the portion of the Master

Plan Mr. Wilding had described. Mr. Wilding responded

that the bonds would cover the cost of projects in the

“Early Development Program”, including the first park-

ing structure, demolition of Hangar 1, creation of the

taxi storage area, certain apron work, and the roadway,

and not the entire Master Plan.

Mr. Rostenkowski asked if the highway would have two

decks. Mr. Wilding responded that there would be two

levels immediately adjacent to the new terminal.

Mr. Lehman questioned if a rating on the bonds had been

obtained. Mr. Wilding responded that the bonds had

been triple-A, based on the credit of a bond insurer. A

rating for the Authority’s own credit would be obtained

for more traditional financings in the future.

Mr. Mineta acknowledged the presence of members of the

Citizens for the Abatement of Aircraft Noise (CAAN),

stating he appreciated the correspondence he had re-

ceived, and assured CAAN the Board of Review was

aware of their concerns.

Mr. Mineta asked about the impact of the Master Plan

on aircraft noise at National. Mr. Wilding responded

that the Master Plan would not affect the noise at Na-

tional, as noise is driven by activity levels, which would

not be changed by the Plan.

75

Mr. Mineta cited the present level of activity--approxi-

mately 550 air carrier operations, 200 commuter opera-

tions, and 250 general aviation operations per day—and

asked what changes were contemplated for the future.

Mr. Wilding indicated the forecasts were for 350,000

annual air carrier operations, increasing to 375,000 in

the more distant future, or about 1,060 daily.

Mr. Mineta asked if the Master Plan envisioned 24-hour

operation of the Airport. Mr. Wilding responded that

there was no relationship between the Master Plan and

24-hour operation. He explained the existing nighttime

noise rule, which permits only the quietest aircraft to

operate. Only two air carrier aircraft currently meet

the standard. He also pointed out that the Authority

had a Part 150 noise study under way, and that night-

time noise was a part of it. Any change in the night-

time noise rules would require rulemaking.

Mr. Mineta asked if flights still had to conform to the

noise standards between 10:00 p.m. and 7:00 a.m. Mr.

Wilding confirmed that the rule remained in effect, but

noted that any flight scheduled to arrive before 10:00

p.m. could land until 10:30 p.m.

Mr. Mineta pointed out that any change in the noise

regulations would have to be reviewed and approved by

both the Board of Directors and the Board of Review.

Mr. Mineta asked what the Authority was doing at the

Airport to be a better neighbor, and to reduce current

noise levels. Mr. Wilding responded that the Federal

Aviation Administration operations rules provided for

noise abatement flight patterns along the Potomac River

and noise abatement operating procedures. Mr. Wilding

again made reference to the Part 150 Noise Study. He

mentioned that another solution was increasing use of

newer, quieter aircraft, but noted this is happening very

slowly on its own.

76

Mr. Mineta asked whether flight paths would be spread

out. Mr. Wilding responded that such a “scatter” plan

would not be adopted. The Federal Aviation Administra-

tion had tried this approach unsuccessfully.

Mr. Mineta asked how residents affected by the noise could

get involved in developing solutions. Mr. Wilding said

they could participate through the Part 150 Noise Study

and a number of other mechanisms. The Northern Vir-

ginia Planning District Commission and the Committee

on Noise Abatement at National and Dulles Airports

(CONANDA) were working with the Authority on noise

issues at both Washington National and Washington

Dulles Airports.

Mr. Mineta inquired who was actually listening to the

residents, noting that they complained that no one was.

Mr. Wilding responded that there is a distinction between

listening and agreeing. He believed the Authority had

always listened, but had not necessarily agreed. He also

mentioned that he had held discussions with several people

who were in the audience.

Mr. Mineta asked who should be contacted at the Author-

ity to report noise complaints. Mr. Wilding indicated

that noise complaints could be reported to Sue Silverman,

Community Relations Officer, or to the operations office.

Mr. Mineta asked the status of the Part 150 Noise Study.

Mr. Wilding said it should be completed by August.

Mr Mineta asked how citizens could be informed about

noise briefings or noise abatement measures. Mr. Wild-

ing responded that information was available from the

technical staff, the community relations staff, or himself.

Mr. Mineta asked if there were any bias favoring liberal-

ization of the nighttime noise rule. Mr. Wilding re-

sponded if there were any tilt, it would be against

loosening the rule. He said he believed that nighttime

noise levels would be tightened up.

77

Mr. Mineta asked about traffic peaks. Mr. Wilding re

plied that the High Density Rule, limiting the number of

scheduled air carrier flights to 37 per hour, prevented

“peaking”.

Mr. Mineta asked about the increase in the number of

passengers at National. Mr. Wilding reported there are

now 15.7 million passengers, and the forecasts showed

growth to 19.5 million passengers over the next 17 years.

Most of the growth would come through increased load

factors (now at 55 percent), more origin and destination

traffic, and the introduction of two-engine “widebody”

aircraft.

Mr. Lehman commented that the problem did not appear

to be the twelve flights after 10 p.m., but repeated opera-

tions in other hours. If the people would have to live

with the noise, they should be told so.

Mr. Wilding again mentioned the increased numbers of

quieter aircraft. Mr. Lehman commented that they would

be introduced over 10 to 15 years, a relatively long period.

He also repeated that the people should not be misled

about improvements in noise levels. Mr. Wilding re-

sponded that no one had ever told the community the

noise problem would disappear. Mr. Lehman noted the

message appeared to be that noise would not get worse.

Mr. Wilding agreed that the noise would not get worse,

but would improve “glacially”.

Mr. Mineta asked about the noise generated by general

aviation jets. Mr. Wilding responded that there would be

some growth in general aviation operations, but without

a significant noise impact.

Mr. Rostenkowski asked why the slot limitations at Na-

tional did not prevent general aviation aircraft from

landing or taking off at any time. Mr. Wilding noted

that the High Density Rule, applied to Instrument Flight

Rule conditions only, which meant there could be addi-

tional general aviation operations in Visual Flight Rule

3]

78

conditions. Mr. Mineta asked if general aviation aircraft

were subject to the noise regulations. Mr. Wilding re-

sponded that they were.

Mr. Mineta then explained the negative procedures

peculiar to the Board of Review. Mr. Rostenkowski there-

upon moved to disapprove the Washington National Air-

port Master Plan. The motion to disapprove was unani-

mously rejected.

The Chairman then asked Mr. Wilding to address the

Dulles Airport Access Road proposal.

III. BRIEFING ON THE AUTHORITY’S PRO-

POSAL TO CHANGE ITS CURRENT REGULA-

TION TO PERMIT HIGH OCCUPANCY VE-

HICLE USE OF THE DULLES ACCESS HIGH-

WAY ON A TEMPORARY BASIS.

Mr. Wilding explained that Washington Dulles Inter-

national Airport includes the Dulles Access Highway,

which had been built in 1960. In 1959, a policy to reserve

the Access Highway for Dulles Airport traffic only had

been announced.

During the 1970s, exceptions had been granted for Wolf

Trap Ferm Park traffic and commuter buses. In the

early 1980s, carpools and commuter traffic were allowed

co use the Access Highway on a temporary basis, until

the Dulles Toll Road was completed.

In 1984, the exceptions terminated when the Dulles Toll

Road opened adjacent to the Access Highway. After a

year or two, traffic on the Toll Road had begun to build

up to the point that it became seriously congested. Con-

gressman Frank Wolf had urged the construction of slip

ramps from the Toll Road to the Access Highway for use

by commuter buses. Secretary of Transportation Eliza-

beth Dole had approved the proposal, and they had been

in operation for two years.

79

Mr. Wolf and Fairfax County now proposed to broaden

the current exemption to allow vanpools and carpools to

use the eastbound ramp as well. It appeared the Author-

ity could help eastbound traffic on the Toll Road in the

morning if the half of the Access Highway east of Reston

could be used for two hours a day by vanpools and car-

pools.

The Access Highway could accommodate up to 4,000 cars

per hour. On the section now being considered for non-

airport use, there are 1,275 cars per hour. An additional

200 to 500 vehicles per hour, the projected demand, would

only bring the total up 1,775 per hour at worst. The

proposal under consideration would be for a limited

period only, expiring when a third lane was added to

the Toll Road.

Mr. Mineta asked when an additional lane would be

constructed on the Toll Road. Mr. Wilding said the Vir-

ginia Department of Transportation expected to finish

it in 1991.

Mr. Mineta then asked about traffic service levels on the

Access Highway, noting that level F was expected for the

Toll Road. Mr. Wilding responded they would stay be-

tween the B and C ranges. :

Mr. Mineta then asked what the service level would be

on the Toll Road in the morning peak hours after the

third lane was complete. Mr. Wilding responded low C

to high D range.

Mr. Mineta expressed concern that if the change was

made, it would be difficult to convert back to exclusive air-

port use. Mr. Wilding agreed that there was a risk

involved.

Mr. Mineta asked about the procedures for monitoring

the vanpools and carpools. Mr. Wilding responded there

would have to be positive police controls on the ramps.

80

Mr. Mineta commented that presently the only way for

commuters to get into the Access Highway was by back-

tracking. Even though it was illegal and the rules were

enforced by police, the congestion on the Toll Road leads

motorists to attempt to cheat. Mr. Wilding said that the

Authority Police enforced against backtracking, and that

cheating was being reduced.

Mr. Mineta expressed reservations about the proposal,

even though he was sympathetic to people who sit on the

Toll Road. He emphasized, however, that the Access

Highway had been built exclusively for airport users.

Mr. Hammerschmidt expressed his concern that granting

carpool access would develop a strong constituency, and

that it would be difficult to roll it back.

Mr. Mineta said he also believed that changes in the

operation of the Access Highway would present Fairfax

and Loudoun Counties with added incentives to develop

more office buildings in the Access Highway corridor,

further increasing roadway congestion.

Mr. Lehman also expressed reservations, noting that the

Access Highway had been a direct federal project, built

with General Funds from the U.S. Treasury, and with-

out the customary state or local contribution.

Mr. Conte asked if there had been any discussion to

provide access to Dulles by rail, recalling past federal

efforts in that regard. Mr. Wilding responded it had been

discussed, and mentioned the current DART proposal to

connect Dulles with the Metro system using the reserved

right-of-way in the median strip of the Access Highway.

IV. OTHER BUSINESS AND ADJOURNMENT

There being no further business, the meeting was ad-

journed at 9:02 a.m.

Respectfully submitted:

/s/ Gregory Wolfe

GREGORY WOLFE

Secretary

Approved August 9, 1988

GW

81

U.S. District Court for the District of Columbia

Plaintiffs’ Exhibit 12

RESOLUTION NO. 88-34

METROPOLITAN WASHINGTON

AIRPORTS AUTHORITY

RESOLUTION

RESOLVED, That Section 159.35 of the Metropolitan

Washington Airports Authority Regulations is revised,

effective September 12, 1988, to read as follows:

§ 159.35 Use of Washington Dulles International

Airport Access Highway

(a) Except as provided in paragraph (b) of this

section, a person may use the Washington Dulles

International Airport Access Highway only for the

purpose of going to, or leaving Washington Dulles

International Airport for airport-related business,

or, with the permission of the Airport Manager, or

his designee, to perform work on the Highway. Use

by any person of the Washington Dulles Interna-

tional Airport Access Highway for a purpose not

authorized by this section is prohibited.

(b) Exceptions. No person may use the Highway

for other than airport related business except:

(1) In (i) buses that are being operated in

common carriage of persons by companies hold-

ing a certificate of public convenience and neces-

sity for its operation and for which use of the

Highway is appropriate, or (ii) in school buses

as the term is defined in § 46.1-1(37) of the

Code of Virginia.

(2) Until September 11, 1989, in a high

occupancy vehicle (“HOV”) occupied by three

or more persons, provided:

(i) The vehicle entered the Highway at

a point designated by an official sign as an

HOV entry point;

82

(ii) The vehicle is traveling eastbound

from the designated entry point in the east-

bound lanes of the Highway; and

(iii) The vehicle is being operated dur-

ing the hours of the day that HOV use of

the Highway is authorized as provided on

an official sign at the HOV entry point.

(c) No person may:

(1) Enter the Highway through other than a

road or ramp approved by the Airport Manager

or on his authority for that purpose;

(2) Exit the Highway through other than

a road or ramp approved by the Airport Man-

ager or on his authority for that purpose;

(3) Make a U-turn on the Highway;

(4) Enter upon or cross through the median

strip of the Highway;

(5) Operate the vehicle in violation of oper-

ating signs posted on the Highway by the Air-

port Manager or on his authority. The fact that

such signs are posted shall be prima facie proof

that such signs were posted by the Airport Man-

ager or on his authority.

(d) All violations of § 159.35 are classified as

Class 4 misdemeanors, punishable by a maximum

fine of one hundred dollars ($100).

(e) All laws of the Commonwealth of Virginia

and any ordinance or regulation of any political sub-

division in which the Highway is located also apply.

/s/ Gregory Wolfe

GREGORY WOLFE

Secretary

(Adopted at Board of Directors Meeting, July 6, 1988)

83

US. District Court for the District of Columbia

Plaintiffs’ Exhibit 11

RESOLUTION NO. BOR 88-1

BOARD OF REVIEW

METROPOLITAN WASHINGTON

AIRPORTS AUTHORITY

RESOLUTION

WHEREAS, The Metropolitan Washington Airports

Authority Board of Directors approved a change in the

regulation of the Washington Dulles International Air-

port Access Highway (Access Highway) to permit high

occupancy vehicle use thereof, in the east bound direc-

— during the morning rush hour only, on a temporary

asis;

WHEREAS, The Access Highway was constructed by

the Federal Aviation Administration with appropriated

federal funds from general revenues;

WHEREAS. The Access Highway was intended for the

exclusive use of air passengers and others with business

at Washington Dulles International Airport;

WHEREAS, The Federal] Aviation Administration pro-

vided right-of-way for the adjacent Dulles Toll Road

without cost to the Commonwealth of Virginia;

WHEREAS, The Commonwealth of Virginia and its

Counties of Fairfax and Loudoun have not provided ade-

quate highway capacity for vehicle traffic in the rapidly

developing Dulles corridor ;

WHEREAS, The Dulles Toll Road, even with addi-

tional lanes, will operate at congested traffic service

levels;

WHEREAS, The Dulles Toll Road will never have suf-

ficient rush hour capacity to provide a free-flowing alter-

native to the Access Highway ;

84

WHEREAS, Without adequate capacity for carpool

traffic on the Dulles Toll Road, the Authority will find it

difficult, if not impossible, to remove carpools from the

Access Highway once such operations are allowed;

WHEREAS, the Authority’s Engineering Division pro-

jects congested traffic service levels on the Access High-

way as early as 1995 if carpools are permitted to use the

Access Highway ;

WHEREAS, there are serious questions about the abil-

ity and willingness of the Fairfax County Police to en-

force a rule permitting only carpools to use the access

ramp to the Access Highway ;

WHEREAS, that the use of the Access Highway by

carpools, unrelated to airport use, is inconsistent with

the purpose for which it was built, and is contrary to

the interests of the users of the Airport; now, therefore,

be it

RESOLVED, That Resolution No. 88-34, adopted by

the Metropolitan Washington Airports Authority Board

of Directors July 6, 1988, and amending section 159.35

of the Authority Regulations to permit non-airport re-

lated, high occupancy vehicle use of the Washington

Dulles International Airport Access Highway, is hereby

disapproved.

Roll Call Vote

Members in Favor:

Mr. Hammerschmidt

Mr. Hollings

Mr. Lehman

Mr. Mineta

Mr. Rostenkowski

Members Opposed: None

Abstentions: None

/s/ Gregory Wolfe

GREGORY WOLFE

Secretary

(Adopted at the Board of Review Meeting of August 9,

1988 )

US. District Court for the District of Columbia

Plaintiffs’ Exhibit 13

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBiA

Civil Action No. 88-3319 JHG

(Judge Joyce Hens Green)

CITIZENS FOR THE ABATEMENT OF AIRCRAFT NOISE, INC.,

JOHN W. HECHINGER, SR.,

and

CRAIG H. Baas,

Plaintiffs,

Vv.

METROPOLITAN WASHINGTON AIRPORTS AUTHORITY,

and

BOARD OF REVIEW,

Defendants.

AFFIDAVIT OF SHERWIN LANDFIELD

I, Sherwin Landfield, hereby declare and state as fol-

lows:

1. I am on the Board of Directors of Citizens for the

Abatement of Aircraft Noise, Inc. (“CAAN”), one of

the plaintiffs in this action.

2. CAAN is a nonprofit membership organization com-

posed of citizens’ groups and individuals from the Dis-

trict of Columbia, Maryland, and Virginia who wish to

minimize adverse noise, safety, and environmental ef-

fects of air traffic at Washington National Airport.

CAAN’s bylaws, which are attached, describe CAAN’s

purpose and structure. Attachment 1.

3. CAAN’s primary purpose is to encourage the de-

velopment and implementation of a rational air trans-

portation policy for the Metropolitan Washington D.C.

area, which would include balanced service at the area’s

three airports, reducing aircraft operations at Washing-

ton National Airport, and consequently alleviating the

noise, safety problems, and air pollution that result from

such operations.

4. Most of CAAN’s members live under the flight path

going to and from National Airport. They are adversely

affected by the noise, air pollution, vibrations, and safety

threat from air traffic at National Airport. They are also

adversely affected by the traffic congestion resulting from

passenger activity at that airport. Some have developed

health problems that they attribute to the air traffic, and

others’ property values have suffered as a result of their

proximity to the airport or its flight path.

5. CAAN’s members generally favor a nighttime cur-

few on air traffic and reduction in the level of daytime

air traffic at National Airport, accompanied by an ex-

pansion of air services available at Dulles International

and Baltimore-Washington International Airports.

6. The Airports Authority’s Master Plan for National

Airport will injure CAAN’s members further because it

proposes to expand the airport’s facilities, to build them

to accommodate wide-bodied jets, to increase passenger

levels, and to increase air carrier traffic by utilizing cur-

rently unused slots. Washington National Airport Master

Plan Presentation to MWAA Board of Directors at 1

(March 1988) (Exhibit 16).

87

7. The Airports Authority is implementing the Master

Plan by issuing bonds to finance it and entering into con-

struction contracts. In March 1988, the Airports Author-

ity issued its first bond series, and it has since issued

several additional bonds series to finance airport improve-

ments.

8. If we are successful in this lawsuit, the Airports

Authority will not have the power to implement the

Master Plan or to otherwise expand National Airport,

which will benefit CAAN and its members.

9. Previously, CAAN advocated its position with some

success before Congress and the Federal Aviation Admin-

istration. However, since the transfer, CAAN’s influence

is greatly diminished because the congressional Board of

Review excludes loca] representation and because the Rep-

resentatives and Senators from Maryland and Virginia,

and the District of Columbia Delegate no longer have any

power over the airports. Before the transfer, some local

representatives, such as Representative Frank Wolf from

Northern Virginia, served on the committees that had

oversight responsibilities over the airports so that they

could better serve their constituents. However, now that

Congress as a whole exercises no power over the airports,

Representative Wolf has taken other committee assign-

ments and made airport noise from National Airport less

of a priority.

Pursuant to 28 U.S.C. § 1746 and Local Rule 106(g),

I declare under penalty of perjury that the foregoing is

true and correct.

Executed on this 13th day of December, 1988.

/s/ Sherwin Landfield

SHERWIN LANDFIELD

88

U.S. District Court for the District of Columbia

Defendants’ Exhibit 8

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBA

C.A. No. 88-3319 JHG

Hon. Joyce Hens Green

CITIZENS FOR THE ABATEMENT OF

AIRCRAFT NOISE, INC., et al.,

Plaintiffs,

Vv.

METROPOLITAN WASHINGTON AIRPORTS AUTHORITY, et al.,

Defendants.

AFFIDAVIT OF JAMES A. WILDING

COMMONWEALTH OF VIRGINIA ss)

) ss

COUNTY OF ARLINGTON )

I, James A. Wilding, being duly sworn, depose and say:

1. I am currently the General Manager and Chief

Executive Officer of the Metropolitan Washington Air-

ports Authority (“Authority”), the operator of Washing-

ton National and Washington Dulles International Air-

ports (“Airports”). The Board of Directors of the Au-

thority appointed me to my current position on May 6,

1987. Prior to that, I served as Director of the Metro-

politan Washington Airports when they were operated by

the Federal Aviation Administration (“FAA”). I also

89

served as the Deputy Director and the Chief of the Engi-

neering staff. I have been employed at the Airports in

various capacities since 1959, and I am very familiar with

their operation.

2. I am very familiar with the development of the

Master Plan for National Airport and the content of

that Plan. I am also familiar with the aircraft noise

abatement issues at the Airports and with the on-going

study of possible measures to further promote compati-

bility between National Airport and the surrounding

communities. That study is being conducted in accord-

ance with FAA regulation Part 150 and will be com-

pleted on or about May 1, 1989. Further, I am familiar

with an organization called Citizens for the Abatement

of Aircraft Noise (“CAAN”), the plaintiffs herein, and

I have, on several occasions corresponded with members

and representatives of CAAN, and met with them, to

discuss the Master Plan for National Airport and air-

craft noise abatement matters.

8. The Master Plan for National and aircraft noise

abatement at National are two separate issues. The

Master Plan, which the Authority’s Board of Directors

adopted on March 16, 1988, Resolution No. 88-8, con-

sists of three maps—an Airport Land Use Plan, and

Airport Layout Plan, and a Terminal Area Site Plan

(Attachment A). The Master Plan for National Air-

port was developed to rehabilitate the Airport, not to

expand it. The Master Plan for National Airport was

developed to alleviate several serious problems at the

Airport, including congested and confusing roadways as-

sociated with the existing physical plant; inadequate

public parking; inconvenient access to the terminals from

the Metrorail station; congestion and inadequate facilities

and passenger amenities within the terminals; and on

the airfield, inadequate apron taxiways. The Master Plan

addresses these and other related areas. Under the

Master Plan, a new terminal will be built, but it pre-

90

serves the existing number of gates for the air carriers’

aircraft (44). The Master Plan also provides for a new

dual level roadway system to improve and simplify traf-

fic flow and parking structures to accommodate the pub-

lic and waiting cabs so as to eliminate roadway con-

gestion. The Master Plan does not change the airfield in

terms of the number of runways, runway length, or

runway orientation.

4. The lease agreement between the Authority and

the U.S. Department of Transportation has placed cer-

tain restrictions on the Authority’s discretion to alter

the number of aircraft operations at National. The

Authority cannot increase or decrease the number of air-

craft operations authorized under an FAA regulation

known as the High Density rule. The FAA High Density

rule allocates 37 air carrier schedules or “slots” per

hour. Further, the Authority cannot impose a limitation

on the number of passengers using National.

5. Based upon my correspondence and personal dis-

cussions with CAAN representatives, it is clear to me

that CAAN wanted the Authority to adopt a Master

Plan for National Airport that would represent a-lesser

commitment to the rehabilitation of National Airport

than the Plan that was adopted. CAAN sought a Master

Plan which would make only essential repairs at Na-

tional. CAAN’s objective was to reduce the levels of

activity at National and therefore sought to have that

objective embraced by the Authority in its Master Plan.

They envisioned a Master Plan that would have the effect

of reducing aircraft and passenger activity at National

by modifying past policy and legislative decisions which

we view as cast in place by the lease.

6. The Master Plan that was adopted by the Author-

ity did not adopt CAAN’s proposals. The Master Plan

adopted does not, consistent with the Authority’s lease,

reflect an intent to increase or decrease aircraft or pas-

91

senger activity. It is a Plan to rehabilitate, renovate,

and modernize the terminal, roadway, and parking facil-

ities for the activity that will occur there. The Plan does

not expand the use of National and further, in my opin-

ion, the Master Plan is noise neutral. It does not alter

the number of aircraft operations, the flight paths util-

ized, or the type of aircraft allowed to operate at Na-

tional. It does not increase the number of aircraft that

will fly into the Airport at night (when the Airport is

restricted to aircraft below a specified noise level). A

forecast of activity prepared by the Authority in con-

junction with the preparation of the Master Plan showed

some increase in nighttime aircraft operations occurring,

not as a result of the Master Plan but as a result of the

production of more aircraft technologically capable of

meeting the Authority’s nighttime noise level regulation.

The decision on what the regulated noise limits should

be rests with the Authority, and a decision to operate at

night with aircraft that meet the regulation rests with

the aircraft operator. These decisions are not made in the

Master Plan. The Master Plan does contemplate that the

aircraft gates to be built at the new terminal will be able

to accommodate some new technology or larger aircraft

than use the Airport today. This will occur only if an

air carrier wants to use these aircraft at National and

the FAA determines that it is safe to do so. These newer

aircraft, such as the A-300 and Boeing-767 are, as a gen-

eral principle, substantially quieter than aircraft such as

the Boeing-727, B-737, and the McDonnell-Douglas DC-9

which are the predominant aircraft in use at National

Airport today.

7. The Master Plan was submitted to the Authority’s

Board of Review on March 16, 1988, and the Board of

Review voted not to disapprove the Master Plan on April

13, 1988. The Master Plan is in effect.

8. I am familiar with the matters that have been

referred to the Authority’s Board of Review. In only one

92

instance has the Board of Review disapproved an action

by the Board of Directors of the Authority. The Board

of Review disapproved a change to the Authority’s regu-

lations that would have permitted non-Airport related

traffic to use the Dulles Airport Access Highway. The

Board of Review disapproved the proposed change be-

cause “the use of the Access Highway by carpools, un-

related to airport use, is inconsistent with the purpose

for which it was built, and is contrary to the interests

of the users of the Airport.” Resolution No. BOR 88-1

(Attachment B).

9. As part of the Part 150 noise compatibility study,

the Authority has considered many different noise abate-

ment measures (Attachment C). Several of these meas-

ures are being considered in detail. Meetings with the

general public have been conducted as part of this proc-

ess, and CAAN, through the public review process, has

had an opportunity to comment upon the measures and to

influence the Authority with regard to this study. CAAN

will have additional opportunity in the future to comment

on specific noise abatement measures.

/s/ James A. Wilding

JAMES A. WILDING

Subscribed and sworn to before me this 30th day of

January, 1989.

/s/ Cynthia B. Howard

Notary Public

My Commission Expires:

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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