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<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 /> 26. Reports and Inspections. 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 public; make available to the public at reasonable times and places a report
<br /> of the airport budget in a format prescribed by the Secretary;
<br /> b. for airport development projects, make the airport and all airport records and documents affecting the airport,
<br /> including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any
<br /> 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, agreements,
<br /> regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable
<br /> 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 /> (1) all amounts paid by the airport to any other unit of government and the purposes for which each such
<br /> payment was made; and
<br /> (2) all services and property provided by the airport to other units of government and the amount of compensation
<br /> received for provision of each such service and property.
<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 landing 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.
<br /> Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use
<br /> of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those
<br /> which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or
<br /> 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) of Government aircraft is 300 or more, or
<br /> 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 /> 28. land for Federal Facilities. It 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 available as provided herein within four months after receipt of a written request from the
<br /> Secretary.
<br /> 29. Airport layout Plan.
<br /> a. It will keep up to date at all times an airport layout plan of the airport showing (1) 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 layout 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
<br /> plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are
<br /> not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the
<br /> Secretary, adversely affect the safety, utility or efficiency of the airport.
<br /> b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects
<br /> the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is
<br /> not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested,
<br /> by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of
<br /> relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring
<br /> such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing
<br /> before the unapproved change in the airport or its facilities.
<br /> Airport Assurances (06/02/97 - State Modified 7/97) A-6
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