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<br />Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be
<br />included in the rate basis in establishing fees, rates, and charges for users of that airport.
<br />
<br />25. Airport Revenues.
<br />a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987,
<br />will be expended by it for the capital or operating costs of the airport; the local airport system; or other local
<br />facilities which are owned or operated by the owner or operator of the airport and which are directly and
<br />substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on
<br />or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September
<br />3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing
<br />statutes controlling the 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 the airport owner or
<br />operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by
<br />the airport (and, in the case of a public 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 will direct that the audit will
<br />review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in
<br />paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in
<br />a manner consistent with Title 49, United States Code and any other applicable provision of law, including any
<br />regulation promulgated by the Secretary or Administrator.
<br />c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the
<br />provisions of Section 47107 of Title 49, United States Code.
<br />
<br />26. Reports and Inspeetions. It will:
<br />a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably
<br />request and make such reports available to the pubJic; make available to the public at reasonable times and places
<br />a report of the airport budget in a format prescribed by the Secretary;
<br />b. for airport deveJopment projects, make the airport and all airport records and documents affecting the airport,
<br />including deeds, leases, operation and use agreements, reguJations and other instruments, available for inspection
<br />by any duly authorized agent of the Secretary upon reasonable request;
<br />c. for noise compatibility program projects, make records and documents relating to the project and continued
<br />compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases,
<br />agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the
<br />Secretary upon reasonable request; and
<br />d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public
<br />following each of its fiscal years, an annual report listing in detail:
<br />(i) all amounts paid by the airport to any other unit of government ang the purposes for which each such
<br />payment was made; and
<br />(ii) all services and property provided by the airport to other units of government and the amount of
<br />compensation received for provision of each such service and property.
<br />
<br />27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial
<br />assistance and all those usable for Janding and takeoff of aircraft to the United States for use by Government aircraft in
<br />common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial. charge may
<br />be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless
<br />otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an
<br />airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in
<br />the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any
<br />calendar month that-
<br />a. Five (5) or more Government aircraft are regularJy based at the airport or on land adjacent thereto; or
<br />b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more,
<br />or the gross accumulative weight of Government aircraft using the airport (the total movement of Government
<br />aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds.
<br />
<br />28. Land for Federal Facilities. Jt will furnish without cost to the Federal Government for use in connection with any air traffic
<br />control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas
<br />of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for
<br />construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any
<br />portion thereof will be made avaiJable as provided herein within four months after receipt of a written request from the
<br />Secretary.
<br />
<br />29. Airport Layout Plan.
<br />a. It will keep up to date at all times an airport layout plan of the airport showing (I) boundaries of the airport and all
<br />proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for
<br />airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport
<br />facilities and structures (such as runways, taxiways. aprons, terminal buildings, hangars and roads), including all
<br />proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed
<br />nonaviation areas and of all existing improvements thereon. Such airport Jayout plans and each amendment,
<br />revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be
<br />evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which
<br />are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of
<br />the Secretary, adversely affect the safety, utility or efficiency of the airport.
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