|
<br />Airway Improve_ct of 1982, the Federal Airport Act or the Ai~rt and Ae 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 own~r 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 ifcovertants 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 fJ:Om any of the airport
<br />owrier or operator's facilities, including the airport, to support not only the .airport but also the airport owner or
<br />op\=rator'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 ofa 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 ofairport revenue and taxes in
<br />paragraph (a), and indicating whether funds paid or transfelTCd 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 oflaw, 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 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 fonnat 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 tenns,conditions, and assurances of the grant agreement including deeds, leases,
<br />agreements, regulations, and other instnlments, available for inspection by any duly authorized agent of the
<br />Secretary upon reasonable request; and
<br />d. in a fonnat 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 w~ich 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 Alrcnft. 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 aircra,ft 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 detennined 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 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.
<br />or the gross accumulative weight of Government aircraft using the airport (the total movement of Government
<br />aircraft multipiied by gross weights of such aircraft) is in excess of five million pounds.
<br />
<br />28. Land for Federal FaclIltles. 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 communi~tion activities related to air traffic control, any areas
<br />of land or water, or estate there.in, or rights i!l buildings of the. sponsor as the Secretary considers necessary or desirable for
<br />construction, operation, and maintenance I\t Fed~~1 expense of space or facilities for such purposes. Such ~reas or any
<br />portion thereof will be made available as provided herein within four monthsaftet receipt ofa 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 off site areas owned or controlled by the sponsor for
<br />airport purposes and proposed additions thereto; (2) the location and nature ofall existing and proposed airport
<br />facilities and stnlctures (such as runways, taxiways, aprons, tenninal buildings, hangars and roads), including all
<br />propOsed extensions and reductions of existing airport facilities; and (3) the location ofall existing and proposed
<br />nonaviation areas and ofall 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 signatlire 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
<br />are nol in confonnity 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.
<br />
<br />Page 19 of25
<br />
|