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<br />protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by
<br />preventing the establishment or creation of future airport hazards.
<br />
<br />21. Compatible Land Use. It will take appropriate action. to the ex1ent reasonable, including the adoption of zoning laws, to
<br />restrict the use ofland adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal
<br />airport operations, including landing and takeoff of aircraft. In addition. if the project is for noise compatibility program
<br />implementation. it will not cause or permit any change in land use, within its jurisdiction. that will reduce its compatibility,
<br />with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended.
<br />
<br />22. Economic Nondiscrimination.
<br />a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination
<br />to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering
<br />services to the public at the airport.
<br />b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to
<br />any person. finn, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the
<br />public at the airport, the sponsor will insert and enforce provisions requiring the contractor to-
<br />(1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and
<br />(2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor
<br />may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price
<br />reductions to volume purchasers.
<br />c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are
<br />uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing
<br />the same or similar facilities.
<br />d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is
<br />authorized or permitted by the airport to serve any air carrier at such airport.
<br />e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall
<br />be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals,
<br />and other charges with respect to facilities directly and substantially related to providing air transportation as are
<br />applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to
<br />reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers.
<br />Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air
<br />carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or
<br />status.
<br />f. It will not exercise or grant any right or privilege which operates to prevent any person, finn, or corporation
<br />operating aircraft on the airport from performing any services on its own aircraft with its own employees [including,
<br />but not limited to maintenance, repair, and fueling] that it may choose to perform. ....r-.
<br />g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services
<br />involved will be provided on the same conditions as would apply to the furnishing of such services by commercial
<br />aeronautical service providers authorized by the sponsor under these provisions.
<br />h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the
<br />airport as may be necessary for the safe and efficient operation of the airport.
<br />i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is
<br />necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.
<br />
<br />23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide,
<br />aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-
<br />based operator shall not be construed as an exclusive right ifboth of the following apply:
<br />a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such
<br />services, and
<br />b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased
<br />pursuant to an existing agreement between such single fixed-based operator and such airport.
<br />It further agrees that it will not, either directly or indirectly, grant or permit any person, finn, or corporation. the exclusive right
<br />at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental
<br />and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and
<br />services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair
<br />and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the
<br />operation of aircraft can be regarded as an
<br />aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an
<br />airport before the grant of any assistance under Title 49, United States Code.
<br />
<br />24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will
<br />make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account
<br />such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport
<br />planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway
<br />Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the
<br />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, will
<br />be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities
<br />which are owned or operated by the owner or operator of the airport and which are directly and substantially related
<br />to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport.
<br />Provided, however, that if oovenants or assurances in debt obligations issued before September 3, 1982, by the
<br />owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling
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