|
25.
<br />
<br />26.
<br />
<br />27.
<br />
<br />28.
<br />
<br />29.
<br />
<br />repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to
<br />the 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, Untied States Code.
<br />
<br />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,
<br />airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and
<br />Aip, vay Improvement Act of 1982, the Federal Airport Act or the Airport and Atp, ray Development Act of 1970 shall he
<br />included in the rate basis in establishing fees, rates, and charges for users of that airport.
<br />
<br />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 offthe airport. Provided, however, tbat 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 ibc revenues from any of the airport
<br /> owner or ope[ator'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 ora 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 Sectlon 47107 of Tide 49, United States Code.
<br />
<br />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
<br /> a report 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
<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 and 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 />Use by Government Aircraft. It will make available all ofthe 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 operagng 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 Secreta~, 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 regularly based at the airport or on land adjacent thereto; or
<br />b. The total number of movements (counting each landing as a movemen0 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 />Land for Federal Facillties. 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 ora written request from the
<br />Secretary.
<br />
<br />Airport Layout Plan.
<br />
<br />21 of 26
<br />
<br />
<br />
|