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25. Airport Revenues.
<br /> a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987,will be expended by it
<br /> for the capital or operating costs of the airport:the local airport system;or other local facilities which are owned or operated by the
<br /> owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or
<br /> property,or for noise mitigation purposes on or off the airport. Provided,however,that if covenants or assurances in debt obligations
<br /> issued before September 3, 1982,by the owner or operator of the airport,or provisions enacted before September 3,1982,in
<br /> governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or
<br /> operator's facilities,including the airport,to support not only the airport but also the airport owner or operator's general debt obligations
<br /> or other facilities,then this limitation on the use of all revenues generated by the airport(and,in the case of a public airport,local taxes
<br /> 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 review,and the
<br /> resulting audit report will provide an opinion concerning,the use of airport revenue and taxes in paragraph(a),and indicating whether
<br /> funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49,United States Code and
<br /> any other applicable provision of law,including any 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 provisions of Section 47107
<br /> 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 request and make
<br /> such reports available to the public;make available to the public at reasonable times and places a report of the airport budget in a
<br /> format prescribed by the Secretary;
<br /> b. for airport development projects, make the airport and all airport records and documents affecting the airport,including deeds,leases,
<br /> operation and use agreements,regulations and other instruments,available for inspection by any duly authorized agent of the
<br /> Secretary upon reasonable request;
<br /> C. for noise compatibility program projects,make records and documents relating to the project and continued compliance with the terms,
<br /> conditions,and assurances of the grant agreement including deeds,leases,agreements,regulations,and other instruments,available
<br /> for inspection by any duly authorized agent of the 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 following each of its fiscal
<br /> 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 payment was made,and
<br /> (ii) all services and property provided by the airport to other units of government and the amount of compensation received for
<br /> 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 assistance and all
<br /> those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times
<br /> without charge,except,if the use by Government aircraft is substantial,charge may be made for a reasonable share,proportional to such
<br /> use,for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,or otherwise agreed to by
<br /> the sponsor and the using agency,substantial use of an airport by Government aircraft will be considered to exist when operations of such
<br /> aircraft are in excess of those which,in the opinion of the Secretary,would unduly interfere with use of the landing areas by other authorized
<br /> aircraft,or 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 the gross
<br /> accumulative weight of Government aircraft using the airport(the total movement of Government aircraft multiplied by gross
<br /> 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 control or air
<br /> navigation activities,or weather-reporting and communication activities related to air traffic control,any areas of land or water,or estate
<br /> therein,or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction,operation,and maintenance
<br /> at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein
<br /> within four months after receipt of a written request from the 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 proposed additions
<br /> thereto,together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed
<br /> additions thereto; (2)the location and nature of all existing and proposed airport facilities and structures(such as runways,taxiways,
<br /> aprons,terminal buildings, hangars and roads),including all proposed extensions and reductions of existing airport facilities;and(3)
<br /> the location of all existing and proposed nonavialion areas and of all existing improvements thereon.Such airport layout plans and
<br /> each amendment.revision,or modification thereof,shall be subject to the approval of the Secretary which approval shall be evidenced
<br /> by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make
<br /> or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as
<br /> approved by the Secretary and which might,in the opinion of the Secretary,adversely affect the safety,utility or efficiency of the
<br /> airport.
<br /> Airport Assurances (9/99) V-6
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