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to serve the civil aviation needs of the public.
<br />23► Exclusive Rights. it will permit no exclusive right for the use of the airport by
<br />any person providing, or intending to provide, aeronautical services to the public. For purposes of
<br />this paragraph, the providing of the services at an airport by a
<br />single fixed -based operator shall not be construed as an exclusive right if both of the following
<br />apply:
<br />a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -
<br />based operator to provide such services, and
<br />b. If allowing more than one fixed -based operator to provide such services would require
<br />the reduction of space leased pursuant to an existing agreement between such single
<br />fixed -based operator and such airport. It further agrees that it will not, either directly or
<br />indirectly, grant or permit any person, firm, or corporation, the exclusive right at the
<br />airport to conduct any aeronautical activities, including, but not limited to charter flights,
<br />pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial
<br />advertising and surveying, air carrier operations, aircraft sales and services, sale of
<br />aviation petroleum products whether or not conducted in conjunction with other
<br />aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any
<br />other activities which because of their direct relationship to the operation of aircraft
<br />can be regarded as an aeronautical activity, and that it will terminate any exclusive
<br />right to conduct an aeronautical activity now existing at such an airport before the grant of
<br />any assistance under Title 49, United States Code.
<br />24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and
<br />services at the airport which will make the airport as self-sustaining as possible under the
<br />circumstances existing at the particular airport, taking into account such factors as the volume of
<br />traffic and economy of collection. No part of the Federal share of an airport development,
<br />airport planning or noise compatibility project for which a grant is made under Title 49,
<br />United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or
<br />the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing
<br />fees, rates, and charges for users of that airport.
<br />25. Airport Revenues.
<br />a All revenues generated by the airport and any local taxes on aviation fuel
<br />established after December 30, 1987, will be expended by it for the capital or operating
<br />costs of the airport; the local airport system; or other local facilities which are owned or
<br />operated by the owner or operator of the airport and which are directly and substantially
<br />related to the actual air transportation of passengers or property; or for noise mitigation
<br />purposes on or off the airport. Provided, however, that if covenants or assurances in debt
<br />obligations issued before September 3, 1982, by the owner or operator of the airport,
<br />or provisions enacted before September 3, 1982, in governing statutes controlling the
<br />owner or operator's financing, provide for the use of the revenues from any of the airport
<br />owner or operator's facilities, including the airport, to support not only the airport but also
<br />the airport owner or operator's general debt obligations or other facilities, then this
<br />limitation on the use of all revenues generated by the airport (and, in the case of a public
<br />airport, local taxes on aviation fuel) shall not apply.
<br />b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor
<br />will direct that the audit will review, and the resulting audit report will provide an
<br />opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating
<br />whether funds paid or transferred to the owner or operator are paid or transferred in a
<br />manner consistent with Title 49, United States Code and any other applicable provision
<br />of law, including any regulation promulgated by the Secretary or Administrator.
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