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is substantial, a reasonable share, proportional to such use, of the cost of operating and maintaining
<br />facilities so used, may be charged. Unless otherwise determined by the FAA, or otherwise agreed to by the
<br />sponsor and the using agency, substantial use of an airport by government aircraft will be considered to
<br />exist when operations of such aircraft are in excess of those which, in the opinion of the FAA, would unduly
<br />interfere with use of the landing area by other authorized aircraft, or during any calendar month that--
<br />a. Five (5) or more government aircraft are regularly based at the airport or on land adjacent thereto; or
<br />b. The total number of movements (counting each landing as a movement and each takeoff as a movement) of
<br />government aircraft is 300 or more, or the gross accumulative weight of government aircraft using the
<br />airport (the total movements of government aircraft multiplied by gross weights of such aircraft) is in
<br />excess of five million pounds.
<br />27. Areas for FAA use. Whenever so requested by the FAA, the sponsor will furnish without cost to the Federal
<br />Government, for construction, operation, and maintenance of facilities for air traffic control activities,
<br />or weather reporting activities and communication activities related to air traffic control, such areas of
<br />land or water, or estate therein, or rights in buildings of the sponsor as the FAA may consider necessary or
<br />desirable for construction at Federal expense of space or facilities for such purposes. The approximate
<br />amounts of areas and the nature of the property interests and/or rights so required will be set forth in the
<br />grant agreement relating to the project. Such areas or any portion thereof will be made available as
<br />provided herein within 4 months after receipt of written requests from the FAA.
<br />28. Fee and rental structure. The airport operator or owner will maintain a fee and rental structure for the
<br />facilities and services being provided the airport users which will make the airport as self-sustaining as
<br />possible under the circumstances existing at the airport, taking into account such factors as the volume of
<br />traffic and economy of collection.
<br />29. Reports to FAA. It will furnish the FAA with such annual or
<br />reports as may be reasonably requested. Such reports may be
<br />be submitted in such manner as the sponsor elects so long as
<br />and all airport records and documents affecting the airport,
<br />agreements, regulations, and other instruments, will be made
<br />Secretary and the Comptroller General of the United States,
<br />reasonable request. The sponsor will furnish to the FAA or
<br />a true copy of any such document.
<br />r special airport financial and operational
<br />submitted on forms furnished by the FAA, or may
<br />s the essential data are furnished. The airport
<br />including deeds, leases, operations and use
<br />available for inspection and audit by the
<br />or their duly authorized representatives, upon
<br />to the General Accounting Office, upon request,
<br />30. System of Accounting. All project accounts and records will be kept in accordance with a standard system of
<br />accounting if so prescribed by the Secretary.
<br />31. Interfering right. If, at any time, it is determined by the FAA that there is any outstanding right or
<br />claim of right in or to the airport property, other than those set forth in Part II of the Application for
<br />Federal Assistance, the existence of which creates an undue risk of interference with the operation of the
<br />airport or the performance of the covenants of this Part, the sponsor will acquire, extinguish, or modify
<br />such right or claim of right in a manner acceptable to the FAA.
<br />32. Performance obligation. It will not enter into any transaction which would operate to deprive it of any of
<br />the rights and powers necessary to perform any or all of the covenants made herein, unless by such
<br />transaction the obligation to perform all such covenants is assumed by another public agency found by the
<br />FAA to be eligible under the Act and regulations to assume such obligations and having the power, authority,
<br />and financial resources to carry out all such obligations. If an arrangement is made for management or
<br />operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the
<br />sponsor will reserve sufficient rights and authority to insure that the airport will be operated and
<br />maintained in accordance with the Act, the regulations and these covenants.
<br />33. Meaning of terms. Unless the context otherwise requires, all terms used in these covenants which are
<br />defined in the Act and the regulations shall have the meanings assigned to them therein.
<br />34. Audit. It will provide for audit of this grant project to be made in accordance with Attachment P of Office
<br />of Management and Budget Circular A-102.
<br />35. Section 30.
<br />a. It will undertake an affirmative action program, as required by 14 CFR Part 152, Subpart E, to ensure
<br />that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from
<br />participating in any employment, contracting, or leasing activities covered in 14 CFR Part 152,
<br />Subpart E. The sponsor assures that no person shall be excluded, on these grounds, from participating
<br />in or receiving the services or benefits of any program or activity covered by this subpart. The
<br />sponsor assures that it will require that its covered organizations provide assurance to the sponsor
<br />that they similarly will undertake affirmative action programs and that they will require assurances
<br />from their suborganizations, as required by 14 CFR Part 152, Subpart E, to the same effect.
<br />FAA Form 5100-100 (8-81) Page 9
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